Terms of Service
Visions Publisher User Agreement
(www.thetobebook.com and the TO BE Success Program are part of VisionsPublisher. Therefore your contract is with VisionsPublisher)
This page states the terms of service and membership agreement (“Agreement”) under which VisionsPublisher (thereafter mentioned as VP) authorizes and governs your use of the TO BE membership, your use of VP benefits and services, and this particular web site. You may also have agreed (verbally or in writing) to additional terms and conditions at the time you became a VP member.
All persons subscribing to VP are urged to read this Agreement carefully and to communicate any questions that may arise to VP Member Services.
If you do not accept this Agreement, do not use your membership or this web site. By becoming and/or remaining an active member of VP or by using, visiting, or browsing the VP Web site or communicating with VP Member Services in any form, you accept and agree to be bound by this Agreement.
2. Changes to Agreement
VP reserves the right, with or without notice to you, to revise this Agreement at our sole discretion by updating this posting. You agree to review this Agreement periodically so that you are aware of any such modifications, at which time you may either agree to such changes or discontinue the further use of this Web site. Your continued membership or use of this Web site after VP posts such changes will constitute your agreement to the amended Agreement. The effective date and the date of any modified or updated version of this Agreement will be noted at the bottom of the posted Agreement.
3. Content submitted to VisionsPublishers
You grant to VisionsPublishers a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of VisionsPublishers’s Site(s) (such as bulletin boards, forums, newsgroups or comments) or by e-mail to VisionsPublishers by all means and in any media now known or hereafter developed.
You also grant to VisionsPublishers the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against VisionsPublishers for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Visions Publishers.
All content included in the VP membership and this web site, including text, graphics, logos, designs, photographs, images, digital downloads, and data compilations is the property of VP or its Authorized Benefit Providers and is protected by United States and International copyright laws. The compilation of all content on this site is the exclusive property of VP and protected by U.S. and International copyright laws. Any reproduction or use of this copyrighted material is prohibited without the express written permission from VP administration.
Visions Publishers and the VP logo plus all subcompany logos are trademarks of Visions Publishers. VP trademarks and trade dress may not be used in connection with any product or service that is not VP’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VP. All other trademarks not owned by VP that appear on our web sites and membership materials are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VP.
6. Limitations on Use
YourSuccessCycle Membership is provided by VP. You must be 18 years of age or older to use the VP service unless otherwise specified. Membership is available to persons 18 and older who provide VP with valid checking account or credit card information for billing purposes, and who have paid membership dues, as outlined below.
Unless otherwise specified, the VP membership, benefits and services, and this web site are for your personal and non-commercial use and we grant you a limited license to access the yoursuccesscycle.com web site and other membership materials for that purpose. You may not download (other than through page caching necessary for use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, disseminate, license, create derivative works from, or offer for sale any information contained, or obtained from, VP without our express written consent.
7. Description of VisionsPublishers Services and Usage
As a VP member, you are entitled to usage of all benefits and services as outlined in your membership materials and on this website, and in accordance with our Authorized Benefit Provider’s terms and conditions of use. To access VP‘s benefits and services online, you will be required to enter your VP membership username and password. To access VP benefits offline you should contact VP via other ways as described in item number 8 below.
VP strives to improve and expand its benefits and services and, as such, they are subject to change, modification, expansion or substitution without notice. Not all benefits will be available in all countries. Each benefit provider will have their own terms and conditions and we encourage you to familiarize yourself with those terms and conditions before taking advantage of any benefit. No warranties are expressed or implied. VP makes no guarantees on actual savings, discounts, or results. Individual results and experiences may vary.
8. THIRD PARTY REFERENCES / HYPERLINKS
9. Contacting VisionsPublishers
You may contact VP Member Services using any of the following methods.
Our business hours are Monday to Friday, 10:00 a.m. to 6:00 p.m., GMT+1h
Phone +49 36450 43203
Any communication stipulated to be made in writing should be sent to:
or by snail mail:
10. Account Access
In order to provide you with ease of access to your account, VP will place a cookie (a small text file) on any computer from which you access our web sites. When you revisit the web site, this cookie will enable us to recognize you as the account holder and provide you with easier access to your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may also access your membership benefits, account information, billing information, and other relevant information by contacting our Technical department at firstname.lastname@example.org.
11. Changes to Your Account
It is important that you contact VP using the way described in number 9 above to make any changes to your account. Our web site provides the most convenient and preferred way for you to maintain your account information. Changes may include, but are not limited to: name, business name, address, phone number, e-mail address, mailing address, and billing information. Please allow 10 days for updates to become effective.
12. Use of Information Submitted
By submitting suggestions, feedback, comments, information, ideas, downloads, concepts, reviews, or techniques contained in any communication you may send to VP, you give VP automatically permission to use this without further questions, compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing and marketing benefits and services.
13. Your Conduct on the all websites run by VisionsPublishers
By accessing any of our Web sites, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You also agree not to interfere with the servers or networks connected to any of the VisionsPublishers Web sites or to violate any of the procedures, policies or regulations of networks connected to VP, the terms of which are incorporated herein.
You also agree not to impersonate any other person while using any of the VisionsPublishers Web sites, conduct yourself in a vulgar or offensive manner while using our service, or use VP for any unlawful or obscene purpose.
Ongoing membership dues are agreed upon at the time of the sale. Unless otherwise agreed to by VP, you consent to pay ongoing membership dues according to the level of membership you choose. Regular membership is automatically deducted monthly from your account or credit card.
As an VP member, you agree that we are permitted to charge your credit card or bank account regularly for membership dues as explained in your sales agreement. The membership dues will be billed at the beginning of your subscription. We will automatically charge your credit card or bank account each term on the calendar day corresponding to the commencement of your membership. If you want to use a different credit card or bank account or if there is a change in your credit card or bank account validity or credit card expiration date, you may contact Member Services as mentioned in 8. of this agreement.
If the credit card you have provided to VP has expired during the Membership Term, VP will revise the expiration date and renew the membership on the same card account originally used.
15. Membership Term and Automatic Renewals
Your VP membership will be automatically renewed on the agreed basis. For your convenience, we will charge the membership dues to the credit card or bank account you provide to us during activation. Your membership will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership 10 working days before it renews in order to avoid billing of membership dues to your credit card or bank account.
16. Free Trials and Incentives
In some of our reseller sales channels we sometimes promote the use of VP membership through free trials and incentives. To view the details regarding your free trial membership or the incentives for joining, if any, please refer to the specific information that was provided to you to at the time of the sale.
Free trials or incentives are only available to first time members of VP and cannot be combined with any other offer. Only one free trial or incentive may be redeemed per person. You must have a valid credit card to redeem a free trial offer. No charges, however, will be made against the card unless you do not cancel prior to the end of your free trial period. Your free trial entitles you, during the term of your free trial period, to the same service provided to our paid members.
We will begin billing your credit card for monthly VP membership dues at the end of your free trial period unless you cancel prior to the end of your free trial. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR CREDIT CARD OR BANK ACCOUNT. We will continue to bill your credit card or bank account on a monthly basis for the VP membership dues until you cancel. Your may cancel your membership at any time by contacting VP in writing as described in number 8 above.
As noted above, you may cancel your membership to VP at anytime. To cancel, please send a written notice to VP as described in number 8 above. Please allow 10 working days for the cancellation to become effective. See also our Refund Policy on our web page.
We do everything in our power to make you completely satisfied with your membership. If at any time you decide the member benefits and services do not live up to your expectations, you may cancel your membership. There is never a risk. Simply notify us as mentioned under 8. above and we will end your membership in that payment period. For accounting reasons we cannot provide refunds or credits for any partial monthly membership periods. NO REFUNDS WILL BE GIVEN FOR PRIOR MONTHS OR FOR FAILURE TO USE ANY SERVICES PROVIDED OR AVAILABLE.
19. Third Party Content
You acknowledge and agree that this Web site and other member materials may contain content provided by other users, content suppliers and other third parties. VP makes no representations with respect to, nor does it guarantee, warrant or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party content or any other content that such third party content may access. VP expressly disclaims responsibility and liability for all third party provided content contained or accessible through this Web site.
20. Links to Other Sites
Some of the hyperlinks on the VP Web site may lead to third party Web sites that are not controlled by or affiliated with VP. These links are provided solely as a convenience to you and not as an endorsement by VP of the content on such third party Web sites. VP is not responsible for the content of linked third party Web sites and does not make any representations regarding the content or accuracy of any content on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk. In addition, other Web sites may link to the VP Web site. VP has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.
VP shall have no liability in regard to any services provided, or to be provided, directly or by its Authorized Benefit Providers (ABP). You agree that all benefits, services, advice, help, and other information provided to you by VP is intended to supplement, and not replace, that provided by appropriate professionals including an psychiatrist, analyst, MD, attorney, CPA, financial advisor, accountant, government entity, or other appropriate professional. You agree that no claims shall be made against the ABP of such services or against VP.
22. Disclaimers of Warranties and Limitations on Liability
VP does not warrant or make any representations regarding the use or the results of the use of the membership or the content in this site, or other membership materials, in terms of their correctness, accuracy, reliability, effectiveness, or otherwise. VP makes no representations about the suitability of the content contained on this web site, or other membership materials, for any purpose.
All such content is provided “as is” without warranty of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, VP hereby disclaims all warranties and conditions with regard to the content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
VP is not a merchant, manufacturer, or a direct provider of many of the services available to you. Accordingly, VP gives no warranty, express or implied, as to description, quality, merchantability, fitness for any particular purpose, productiveness, or any other matter, for any products or services purchased or used by you through your membership in VP or use of their websites. We assume no liability or responsibility for any errors or omissions in the VP membership, any failures, delays, or interruptions in the benefits or services, any losses or damages arising from the use of the VP membership. We reserve the right to provide benefits or services at our sole discretion. In addition, we do not represent or warrant that the information accessible via the yoursuccesscycle.com or other membership materials is accurate, complete or current.
Although VP will, upon request, endeavor to help a member experiencing a problem or discrepancy with an Authorized Benefit Provider (ABP), in the event any product or service purchased by you is canceled, modified, defective, or otherwise unsatisfactory to you, you will look solely to the ABP, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim. It is further understood that all available services are subject to the availability of such services and any information provided to you is subject to change without notice.
You agree to defend, indemnify, and hold harmless VP, its shareholders, officers, directors, employees, agents and Authorized Benefit Providers (jointly or separately), from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of membership, this Web site and the content or your breach of this Agreement, and for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.
If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
24. Right to Terminate
We reserve the right to terminate or restrict your use of our membership, without notice, for any or no reason whatsoever.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of Germany. Any dispute arising between you and VP will be submitted to arbitration in Germany in accordance with the rules and laws then in effect.
26. General Release
You and any person who uses the benefits and services under your membership hereby forever releases, acquits and discharges VP from any and all liabilities, claims, demands, actions and causes of action that you or your legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all benefits and services available under the membership. The sole recourse available to you, your beneficiary or your legal representative shall be the cancellation of the membership.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Any and all notices, consents, approvals, requests and other written communications given under this Agreement shall be deemed to have been duly given and served when sent by first-class mail and addressed to you, at the address shown on your VP membership record, or to VP at:
28. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VISIONS PUBLISHERS AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
29. Entire Agreement
The foregoing Agreement contains the entire terms and agreement of the membership and no representations, inducements, promises or agreement, or otherwise, between VP and you not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby. VP reserves the right to make changes to this Web site, to other membership materials, and to this Agreement at any time without notice.
30. Binding Effect
The foregoing Terms of Service and Membership agreement shall be binding upon and inure to the benefit of VP and you as well as your respective successors and permitted assigns.
Initial version effective: April 1, 2010
Republished with modifications or updates effective: