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Terms Of Service
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Last modified April 25th, 2026.
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Welcome to traceyoursuccess.com, a website
provided by Trace Your Success, LLC.
(“Trace Your Success”, “we”,
“our”, or “us”). This page explains
the terms by which you may access and use our online and/or mobile services and software provided on or in
connection with traceyoursuccess.com (collectively, “Trace Your Success”).
By accessing or using Trace Your Success, or by clicking a button or checking a box marked “I Agree”
(or something similar), you signify that you have read and understood, and agree to be bound by these
Terms and Conditions (this “Agreement”) and to the collection
and use of your information as set forth in our Privacy Policy,
whether or not you are a registered user of
Trace Your Success. Trace Your Success reserves the right to modify these terms and will provide notice of
these changes as described below. This Agreement applies to all visitors, users, and others who access
Trace Your Success (“Users”).
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PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT
CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES
THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS
ACTIONS.
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1. Trace Your Success
Trace Your Success allows users (collectively, “Customers”)
to configure the first and last pages of digital coloring books with their name, branding,
and offers through an online platform.
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2. Trace Your Success SERVICE
2.1. Eligibility
This is a contract between you and Trace Your Success. You must read and agree to these
terms before using Trace Your Success. If you do not agree to the terms and conditions of this
Agreement, you do not have our permission to use Trace Your Success. You may use Trace Your
Success only if you can form a binding contract with Trace Your Success, and only in
compliance with this Agreement and all applicable local, state, national, and international
laws, rules and regulations. Any use or access to Trace Your Success by anyone under eighteen
(18) years of age is strictly prohibited and in violation of this Agreement. Trace Your Success
is not available to any Users previously removed from Trace Your Success by Trace Your Success.
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2.2. Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a
non-exclusive, limited, non-transferable, freely revocable license to use Trace Your Success
as permitted by the features of Trace Your Success. Trace Your Success reserves all rights not
expressly granted herein in Trace Your Success and the Trace Your Success Content
(as defined below). Trace Your Success may terminate this license at any time for any reason
or no reason.
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2.3. Trace Your Success Accounts
Your account on Trace Your Success (your “Trace Your Success Account”)
gives you access to the services and functionality that we may establish and maintain from time to
time and in our sole discretion. We may maintain different types of Trace Your Success Accounts
for different types of Users. If you open a Trace Your Success Account on behalf of a company,
organization, or other entity, then: (i) “you” includes you and that entity; and (ii) you represent
and warrant that you are an authorized representative of the entity with the authority to bind the
entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never use another User’s Trace Your Success Account without permission. When creating
your Trace Your Success Account, you must provide accurate and complete information, and you must
keep this information up to date. You are solely responsible for the activity that occurs on your
Trace Your Success Account, and you must keep your Trace Your Success Account password secure. We
encourage you to use “strong” passwords (passwords that use a combination of upper and lower case
letters, numbers and symbols) with your Trace Your Success Account. You must notify Trace Your Success
immediately of any breach of security or unauthorized use of your Trace Your Success Account. Trace Your
Success will not be liable for any losses caused by any unauthorized use of your Trace Your Success
Account.
You may control your User profile and how you interact with Trace Your Success by changing the
settings in your Account page. By providing Trace Your Success your email address you consent to our
using the email address to send you Trace Your Success-related notices, including any notices required
by law, in lieu of communication by postal mail. With your consent, we may also use your email
address to send you other messages, such as changes to features of Trace Your Success and special
offers. If you do not want to receive such email messages, you may opt out by clicking on the
unsubscribe link on the bottom of our emails. Opting out may prevent you from receiving email
messages regarding updates, improvements, or offers.
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2.4. Administrator Accounts
The person who first completes the Trace Your Success registration on behalf of any company,
entity or organization (“Subscribing Organization”) is
the initial "Administrator" for purposes of such
Subscribing Organization’s use of Trace Your Success, and exercises certain options to initially
determine the level of access, privacy, and security for Trace Your Success related to the
Subscribing Organization ("Administrator Account").
Each account shall have one user, who is the Administrator of the account.
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3. Trace Your Success RULES
3.1. Prohibited On Trace Your Success
It’s simple; don’t use Trace Your Success to do anything illegal, sexually-oriented,
harmful or spammy. By spammy we mean the definition outlined at
Spamhaus.
Specifically you agree not to: (a) upload or transmit pornographic, threatening, embarrassing,
hateful, racially or ethnically insulting, libelous, illegal, or otherwise
inappropriate content; (b) except where expressly permitted, you may not use Trace Your Success to
engage in spamming, "chain letters", "pyramid schemes", advertisement of illegal or controlled
products or services, or other advertising or marketing activities that violate this Agreement,
the Privacy Policy or any applicable laws, regulations or generally-accepted advertising or
marketing industry guidelines; (c) use Trace Your Success in any manner that infringes, violates
or misappropriates any third party’s intellectual property or proprietary rights; (d) use Trace Your
Success in any manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes
illegal activities, including engaging in phishing or otherwise obtaining financial or other
personal information in a misleading manner or for fraudulent or misleading purposes; (e) use
Trace Your Success in any manner is libelous or defamatory, or that is otherwise threatening,
abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of
another's privacy; (f) use Trace Your Success in any manner that is harmful to minors in any way;
(g) use Trace Your Success in any manner that is hateful or discriminatory based on race, color,
gender, gender identity, religion, nationality, ethnic or national origin, marital status,
disability, sexual orientation or age or is otherwise objectionable, as reasonably determined
by Trace Your Success; (h) use Trace Your Success in any manner that in our sole discretion could
damage, disable, overburden, or impair it; (i) use Trace Your Success in any manner that
constitutes or contains any form of advertising or solicitation to users who have requested not
to be contacted about other services, products or commercial interests; (j) attempt to gain
unauthorized access to Trace Your Success, or any part of them, other Trace Your Success Accounts,
computer systems or networks connected to Trace Your Success, or any part of them, through hacking,
password mining or any other means or interfere or attempt to interfere with the proper working of
Trace Your Success or any activities conducted on Trace Your Success; (k) modify Trace Your Success in
any manner or form, or use modified versions of Trace Your Success, including but not limited to for
the purpose of obtaining unauthorized access to Trace Your Success; (l) use any robot, spider, scraper,
or other automated means to access Trace Your Success for any purpose without our express written
permission, or bypass any measures we may use to prevent or restrict access to Trace Your Success;
(m) impersonate another person or access another User’s Trace Your Success Account without that User’s
permission or to violate any contractual or fiduciary relationships; (n) share Trace Your Success-issued
passwords with any third party or encourage any other User to do so; (o) misrepresent the source,
identity, or content of Customer Data; (p) modify, adapt, translate or create derivative works based
upon Trace Your Success; (q) reverse engineer, decompile, disassemble or otherwise attempt to discover
the source code of Trace Your Success, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation; (r) rent, lease, loan, resell,
sublicense, distribute or otherwise transfer Trace Your Success to any third party; provide time
sharing or similar services for any third party; or use Trace Your Success for any purpose other than
your own internal business use; (s) remove, circumvent, disable, damage or otherwise interfere with
security-related features of Trace Your Success, features that prevent or restrict use or copying of
any content accessible through Trace Your Success, or features that enforce limitations on use of
Trace Your Success; (t) access Trace Your Success if you are a direct competitor of Trace Your Success,
except with Trace Your Success’s prior written consent, or for any other competitive purposes; or
(u) collect or harvest any personally identifiable information, including account names, from
Trace Your Success; (v) be based in any country that is subject to a U.S. government embargo, or
that has been designated by the U.S. government as a “terrorist-supporting” country.
Additionally you agree not to: (a) use Trace Your Success in any manner to share coloring books with the
following content: offer or suggest any illegal goods, pornography, sexually explicit material,
advice, drugs, novelty items, or pharmaceutical information or products, credit repair services
or opportunities, prostitution or illegal escorts, free product/free sample giveaways, claim your
money/benefit/assistance or similar, excessive third-party promotions, and “get rich quick” or
similar content; or (b) use Trace Your Success links within emails or text messages to Customers who have not
explicitly opted in to hear from you (including, without limitation, purchased Customers, purchased
lists, or Customers attained through co-registration (where a Customer is added to your list from
filling out a form on a different website)).
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3.2. Categories that may require
additional scrutiny
In order to maintain strong availability for our customers the following categories are allowed
but subject to additional monitoring. Traditionally these have had higher spam and block rates
so we do it to maintain strong availability for our customers.
- Online trading, day trading, or stock market related content
- Mortgages, loans, and grants
- Gambling and/or betting
- Nutritional, herbal, and vitamin supplements
- Multi-level marketing
- Dating or relationships
- Real estate
- College application, college admissions or tuition related content
- Insurance or healthcare related content
- Affiliate marketing
- Horoscope reports
By using Trace Your Success, you represent and warrant that you meet all the requirements listed
above, and that you won’t use the service in a way that violates any laws or regulations. Note
that by representing and warranting, you are making a legally enforceable promise. Trace Your Success
may refuse service, close accounts of any users, and change eligibility requirements at any time.
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3.3. Compliance with Applicable
Laws
In connection with your use of Trace Your Success, you hereby represent and warrant that: (i) you
have all necessary consents, licenses, rights and authorizations to send or share links to the
content you create; (ii) you will not, either directly or indirectly, send or share links to any
person under the age of thirteen (13) years of age.
You will be in compliance with any and all applicable laws, rules and regulations, including
(without limitation) any data privacy and advertising laws, in each jurisdiction in which you
will be sending or sharing communications to a resident of the jurisdiction. You agree that,
as between the parties, you are the legally responsible party for content you create on Trace Your
Success and share. Trace Your Success is not responsible for reviewing the contents of any coloring book
content transmitted through the Services or transmitted by you related to your use of the Service,
nor is it responsible for obtaining any necessary consents or permissions from content viewing
recipients.
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3.4. Text Messaging Service Policy
If you share links to Trace Your Success content via SMS, you agree: (i) to comply in all respects
with the Telephone Consumer Protection Act of 1991 and implementing regulations issued by the
Federal Trade Commission the Federal Communications Commission, as applicable (collectively, the
“TCPA”), the national Do Not Call list registry rules, state
laws, rules and regulations that relate to automated phone call and text messaging, and the
CTIA’s Messaging Principles and Best Practices
(the “CTIA Principles”, collectively, the
“Text Messaging Rules”); (ii) to get valid prior express
written consent from Customers and any other end user prior to sending any text message.
You represent and warrant that you have incorporated a functional opt-out mechanism for Customers
and other end users to withdraw consent to receive text messages from you, and that you honor such
opt-outs no later than forty-eight (48) hours after receipt.
You acknowledge that with respect to text messages you send containing links to Trace Your Success
content via SMS, Trace Your Success shall not be considered the maker, dialer or initiator of the text
messages or autodialed calls for purposes of the Text Messaging Rules. You acknowledge that you shall
be deemed the maker, dialer or initiator of such messages and shall be solely responsible for complying
with obligations under the Text Messaging Rules as a maker, dialer or initiator.
These representations, warranties, and obligations are essential to our ability to provide you with
access to Trace Your Success.
By subscribing to Trace Your Success, you also acknowledge that you are not a business who sells
consumable drug products, including cannabis and CBD oil. Text messaging has stricter federal
regulations than email marketing. While cannabis consumption may be legal in the area you reside, you
cannot use the Trace Your Success service to promote such business. Using Trace Your Success SMS to send
content that is overtly sexual in nature is also prohibited. Failure to comply
with this standard will result in your service being cancelled.
Upon request, you shall provide reasonable proof of compliance with the provisions set forth in this
Section and will provide reasonable cooperation with our investigation into your compliance with the
Text Messaging Rules. If we get any complaints regarding your use of Trace Your Success, or if we
determine you are not complying with these Terms or applicable law, we may, without prior notice, limit
or stop providing Services or Trace Your Success to you or to Users generally.
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3.5. Changes to Trace Your Success
We may, without prior notice: (i) change Trace Your Success; (ii) stop providing Trace Your Success
or features of Trace Your Success, to you or to Users generally; or (iii) create usage limits for
Trace Your Success. We may permanently or temporarily terminate or suspend your access to Trace Your
Success without notice and liability for any reason, including if in our sole determination you
violate any provision of this Agreement, or for no reason. Upon termination for any reason or no
reason, you continue to be bound by this Agreement.
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4. USER CONTENT
Some areas of Trace Your Success allow Users to submit, provide, or otherwise make
available content such as marketing materials, videos, images, music, text, comments,
questions, and other content or information (any such materials a User submits,
provides, or otherwise makes available on Trace Your Success is referred to as
“User Content”).
We claim no ownership rights over User Content created by you. The User Content
you create remains yours.
By submitting, providing, or otherwise making available any User Content on or through
Trace Your Success, you expressly grant, and you represent and warrant that you have all
rights necessary to grant, to Trace Your Success a royalty-free, sublicensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce,
modify, publish, list information regarding, edit, translate, distribute, syndicate,
publicly perform, publicly display, and make derivative works of all such User Content
and your name, voice, and/or likeness as contained in your User Content, in whole or in
part, and in any form, media or technology, whether now known or hereafter developed,
for use in connection with Trace Your Success, including without limitation for promoting
and redistributing part or all of Trace Your Success (and derivative works thereof) in any
media formats and through any media channels and for the limited purposes described in
our Privacy Policy.
For the purposes of this Agreement, “Intellectual Property Rights”
means any and all patent rights, copyright rights, mask work rights, moral rights, rights
of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights
and other intellectual property rights as may now exist or hereafter come into existence,
and all applications therefore and registrations, renewals and extensions thereof, under the
laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the
User Content, if any, to use such person’s name or likeness in the manner
contemplated by Trace Your Success and this Agreement, and each such person has
released you from any liability that may arise in relation to such use.
- You have obtained and are solely responsible for obtaining all consents as may
be required by law to post any User Content relating to third parties.
- Your User Content and Trace Your Success’s use thereof as contemplated by this
Agreement and Trace Your Success will not violate any law or infringe any rights
of any third party, including but not limited to any Intellectual Property Rights
and privacy rights.
- Trace Your Success may exercise the rights to your User Content granted under this
Agreement without liability for payment of any guild fees, residuals, payments,
fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Content and other information that you
provide to us is truthful and accurate.
Trace Your Success takes no responsibility and assumes no liability for any User Content that
you or any other User submits, provides or otherwise makes available over Trace Your Success.
You shall be solely responsible for your User Content and the consequences of submitting it,
providing it, or otherwise making it available on Trace Your Success, and you agree that we are
only acting as a passive conduit for your online distribution and publication of your User Content.
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5. CUSTOMER DATA
5.1. Customer Data
As part of Trace Your Success, we may allow you to submit, store and access and we may
collect certain Personal Data (as defined below), business data and other information
related to your current and potential Customers, including (without limitation)
subscriber lists and personalized email content (collectively,
“Customer Data”).
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5.2. Use of Customer Data
By submitting Customer Data to Trace Your Success, you hereby grant, and represent and
warrant that you have all rights necessary to grant, all rights and licenses to the
Customer Data required for Trace Your Success and its subcontractors and service
providers to provide Trace Your Success. Trace Your Success shall have no right to
sublicense or resell Customer Data, except however, that you agree that Trace Your
Success may collect, analyze, and use data derived from Customer Data (including
without limitation Personal Data) and/or information collected from or about an
individual but which does not identify the individual personally for purposes of
operating, analyzing, improving, or marketing Trace Your Success and any related
services. If Trace Your Success shares or publicly discloses information (e.g., in
marketing materials, or in application development) that is derived from Customer
Data, such data will be aggregated or anonymized such that a specific individual is
no longer identifiable. You further agree that Trace Your Success will have the right,
both during and after the term of this Agreement, to use, store, transmit, distribute,
modify, copy, display, sublicense, and create derivative works of the anonymized,
aggregated data. You may request that Trace Your Success delete Customer Data at any
time, but agree that Trace Your Success will have no obligation to delete information
or data which is de-identified and does not reasonably identify any individual or you.
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5.3. Your Responsibilities for Customer Data
In connection with Customer Data, you hereby represent, warrant, and agree that: (a)
you have obtained the Customer Data lawfully, and the Customer Data does not and will
not violate any applicable laws or any person or entity’s proprietary or intellectual
property rights; (b) the Customer Data is free of all viruses, Trojan horses, and
other elements that could interrupt or harm the systems or software used by Trace Your
Success or its subcontractors to provide Trace Your Success; (c) all Customer Data has
and will be collected by you in accordance with a privacy policy that permits Trace Your
Success to share, collect, use, and disclose such Customer Data as contemplated under
these Terms, and if required by applicable law, pursuant to consents obtained by you
to do each of the foregoing; (d) you are solely responsible for ensuring compliance
with all privacy laws in all jurisdictions that may apply to Customer Data provided
hereunder; (e) Trace Your Success may exercise the rights in Customer Data granted
hereunder without liability or cost to any third party; and (f) the Customer Data
complies with the terms of these Terms. For purposes of clarity, Trace Your Success
takes no responsibility and assumes no liability for any Customer Data, and you
will be solely responsible for its Customer Data and the consequences of sharing it
hereunder. You may not submit, or cause to be submitted, any Customer Data that
includes a social security number, passport number, driver’s license number, or
similar identifier, credit card or debit card number, employment, financial or
health information, or any other information which may be subject to specific data
privacy and security laws including, but not limited to, the Gramm-Leach-Bliley Act
(GLBA), Children’s Online Privacy Protection Act (COPPA) or the Health Insurance
Portability and Accountability Act (HIPAA), or which could give rise to notification
obligations under data breach notification laws, without our prior written approval.
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5.4. Security Incidents
In the event that Customer Data is disclosed to or accessed by an unauthorized party,
Trace Your Success will promptly notify you and use reasonable efforts to cooperate with
your investigation of the incident. In the event we have a reasonable, good faith belief
that an unauthorized party has accessed Customer Data, we will promptly notify you and
will use reasonable efforts to cooperate with your investigation of the incident. If
such incident triggers any third-party notice requirements, you (not Trace Your Success)
shall be solely responsible for the timing, content, cost and method of any such notice
and compliance with applicable laws. You (not Trace Your Success) bear sole responsibility
for adequate security, protection and backup of Customer Data when in your or your
representatives’ or agents’ possession or control. We are not responsible, and you are
fully responsible, for what your authorized Users do with Customer Data.
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5.5. No Responsibility for Backups
Trace Your Success will not be responsible for any backup, recovery or other steps
required to ensure that Customer Data is recoverable in the case of data loss. You
are solely responsible for backing up your Customer Data on a regular basis, and
taking appropriate steps to safeguard and ensure the integrity of your Customer Data.
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5.6. Rights to Customer Data
You own all right, title and interest (including all Intellectual Property Rights)
in and to Customer Data.
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6. OUR PROPRIETARY RIGHTS
Except for your User Content, Trace Your Success and all materials therein or
transferred thereby, including, without limitation, software, images, text, graphics,
illustrations, logos, patents, trademarks, service marks, copyrights, photographs,
audio, videos, music, and User Content belonging to other Users (the
“Trace Your Success Content”), and all Intellectual
Property Rights related thereto, are the exclusive property of Trace Your Success and
its licensors (including other Users who post User Content to Trace Your Success).
Except as explicitly provided herein, nothing in this Agreement shall be deemed to
create a license in or under any such Intellectual Property Rights, and you agree
not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative works from any
Trace Your Success Content. Use of the Trace Your Success Content for any purpose not
expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about Trace Your
Success, including without limitation about how to improve Trace Your Success or our
products (“Ideas”). By submitting any Idea, you agree that your disclosure is
gratuitous, unsolicited and without restriction and will not place Trace Your Success
under any fiduciary or other obligation, and that we are free to use the Idea without
any additional compensation to you, and/or to disclose the Idea on a non-confidential
basis or otherwise to anyone. You further acknowledge that, by acceptance of your
submission, Trace Your Success does not waive any rights to use similar or related
ideas previously known to Trace Your Success, or developed by its employees, or obtained
from sources other than you.
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7. SUBSCRIPTION; FEES AND PAYMENT
7.1. Fees
We will charge you fees (Fees) for the one-year
time period within your selected membership plan. You agree to pay
any and all Fees specified in an ordering document or online
order for your access and use of Trace Your Success
(“Ordering Document”). For the
most current information about our pricing and payment, please review our
Subscription Terms, which are
incorporated by reference herein. Trace Your Success may add new services for additional
fees and charges, and add or amend fees and charges for existing services, at any time
in its sole discretion. If we add or amend our Fees, we will update our Pricing and
Payment Terms. Any change to our Pricing and Payment Terms shall become effective in the
billing cycle following notice of such change to you as provided in this Agreement;
provided however that if we have offered a specific duration and Fees for your use of
Trace Your Success, we agree that the Fees will remain in force for that duration.
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7.2 Continuous Subscription Services;
Automatic Billing and Policies
Unless otherwise provided in an Ordering Document any purchases for access and use
of Trace Your Success are on an automatically renewing subscription basis. YOUR TRACE YOUR
SUCCESS SUBSCRIPTION WILL COMMENCE UPON THE EFFECTIVE DATE OF THE ORDERING DOCUMENT
AND WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR
ORDERING DOCUMENT FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION
TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL
YOU CANCEL YOUR Trace Your Success SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION
PROCEDURES IDENTIFIED IN SECTION 7.3 OF THIS AGREEMENT. When you purchase Trace Your
Success, you expressly acknowledge and agree that: (1) Trace Your Success is authorized
to charge you at the beginning of each Subscription Term the Fees identified in an
Ordering Document, any applicable taxes,
and any other charges you may incur in connection with your use of Trace Your Success
for as long as your subscription continues; and (2) your subscription is continuous
until you cancel it or Trace Your Success is suspended, discontinued or terminated in
accordance with this Agreement. You acknowledge and agree that the amount billed may
vary due to promotional offers, changes in your subscription plan, changes in applicable
taxes, and changes in Fees in accordance with Sections 7.1 and 7.3 and you authorize us to
charge your payment method for the changed amounts.
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7.3 Cancellation; Refunds
You may cancel your Trace Your Success Account and/or the Trace Your Success services at
any time, and you will continue to have access to your Trace Your Success Account and
the Trace Your Success services through the end of your billing period; however, there
are no refunds for cancellation.
The reason there are no refunds is that the moment a customer subscribes, full access
to all digital coloring books is granted and the user can configure and download them all.
There is no way for us to get these digital items back.
If you cancel your Trace Your Success Account, your
Trace Your Success Account and the Trace Your Success services will automatically terminate
at the end of your current Subscription Term. To cancel the Trace Your Success services,
you must notify us at least three (3) business days before the start of the next
Subscription Term using the appropriate functionalities of Trace Your Success or by
emailing tnicholas@traceyoursuccess.com. In the event that Trace Your Success suspends or
terminates your Trace Your Success Account or this Agreement for your breach of this
Agreement, you understand and agree that you shall receive no refund or exchange for
any unused time on a subscription, any license or subscription fees for any portion of
Trace Your Success, any content or data associated with your Trace Your Success Account,
or for anything else. To the extent there is a conflict or inconsistency between this
Section and separate terms and conditions between you and Trace Your Success with respect
to any refunds, term length and pricing, such separate terms and conditions shall control.
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7.4 Payment Information; Taxes
We or our third-party payment processors will charge your Fees and any other charges
you may incur to the payment method you provide when you register for a Trace Your Success
Account or you identify in an Ordering Document. All information that you provide in
connection with a purchase or transaction or other monetary transaction interaction with
Trace Your Success must be accurate, complete, and current. You may change your payment
method by changing the information in your Trace Your Success Account. You agree to pay
all charges incurred by users of your credit card, debit card, or other payment method
used in connection with a purchase or transaction or other monetary transaction
interaction with Trace Your Success at the prices in effect when such charges are incurred.
If we are unsuccessful in charging your payment method and have still not received payment
within seven (7) days after informing you, we may (without liability to you) suspend or
temporarily disable all or part of your access to Trace Your Success and we shall be under
no obligation to provide any or all of Trace Your Success while the Fees concerned remain
unpaid. This does not affect any other rights and remedies available to us. You will
pay any and all applicable taxes, if any,
relating to any such payments of Fees,
purchases, transactions or other monetary transactions.
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8. PRIVACY
We care about the privacy of our Users. You understand that by using Trace Your Success
you consent to the collection, use and disclosure of your personally identifiable
information and aggregate and/or anonymized data as set forth in our
Privacy Policy, and to have your personally
identifiable information collected, used, transferred to and processed in the United
States. IF YOU CREATE OR USE YOUR OWN PRIVACY POLICY OR STATEMENT FOR YOUR BUSINESS
IN CONNECTION WITH THE USE OF THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE TO INCLUDE
IN SUCH PRIVACY POLICY OR STATEMENT, A DISCLOSURE WITH RESPECT TO OUR COLLECTION, USE AND
DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION OF YOUR CUSTOMERS DISCLOSED TO US THAT
IS CONSISTENT AND IN ACCORDANCE WITH OUR PRIVACY POLICY, INCLUDING WITH RESPECT TO THE
POTENTIAL DISCLOSURE OF SUCH INFORMATION TO THIRD PARTY PARTNERS.
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9. SECURITY
Trace Your Success uses commercially reasonable physical, managerial, and technical
safeguards to preserve the integrity and security of your personal information and
implement your privacy settings. However, we cannot guarantee that unauthorized third
parties will never be able to defeat our security measures or use your personal
information for improper purposes. You acknowledge that you provide your personal
information at your own risk.
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10. DMCA NOTICE
Since we respect artist and content owner rights, it is Trace Your Success’s policy to
respond to alleged infringement notices that comply with the Digital Millennium
Copyright Act of 1998 (“DMCA”).
NOTE: The landing page for each coloring book displays
a small coloring image contained in that book. That image and every image within every
coloring book is an AI-generated image from one of our paid subscriptions across various sites.
In the United States, AI-generated images cannot be copyrighted because they are not
considered to be the work of a human creator. This is because the current law requires
human authorship for a product to be copyrighted.
The last page of each coloring book may contain an image uploaded by the User who has
purchased a subscription. The intent of the User uploading this one image is for him
to further the interest of an organization or business. For example, uploading an
image detailing an event being hosted or a product offer. If that image is the one
in question, you may more-quickly address the question by contacting the User via the
contact information within the given coloring book.
This having been written, if you believe that your copyrighted work has been copied in
a way that constitutes copyright infringement and is accessible via Trace Your Success,
please notify Trace Your Success’s copyright agent as set forth in the DMCA. For your complaint
to be valid under the DMCA, you must provide the following information in writing:
10.1 An electronic or physical
signature of a person authorized to act on behalf of the copyright owner;
10.2 Identification of the
copyrighted work that you claim has been infringed;
10.3 Identification of the
material that is claimed to be infringing and where it is located on Trace Your Success;
10.4 Information reasonably
sufficient to permit Trace Your Success to contact you, such as your address, telephone
number, and, e-mail address;
10.5 A statement that you have
a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or law; and
10.6 A statement, made under
penalty of perjury, that the above information is accurate, and that you are the
copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Company: Trace Your Success, LLC d/b/a Trace Your Success
Address: 5116 Windward Ln., Bensalem, PA 19020
Telephone: 267.278.0476
Email: tnicholas@traceyoursuccess.com
Under federal law, if you knowingly misrepresent that online material is infringing, you may
be subject to criminal prosecution for perjury and civil penalties, including monetary damages,
court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying Trace Your Success and its affiliates
that your copyrighted material has been infringed. The preceding requirements are intended to
comply with Trace Your Success’s rights and obligations under the DMCA, including 17 U.S.C.
§512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding
your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Trace Your Success has adopted a policy of
terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Trace Your
Success may also at its sole discretion limit access to Trace Your Success and/or terminate the
Trace Your Success Accounts of any Users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement.
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11. THIRD-PARTY LINKS AND INFORMATION
Trace Your Success may contain links to third-party materials that are not owned or controlled
by Trace Your Success. Trace Your Success does not endorse or assume any responsibility for any such
third-party sites, information, materials, products, or services. If you access a third-party
website or service from Trace Your Success or share your User Content on, through, or to any
third-party website or service, you do so at your own risk, and you understand that this
Agreement and Trace Your Success’s Privacy Policy do not apply to your use of such sites.
You expressly relieve Trace Your Success from any and all liability arising from your use of
any third-party website, service, or content, including without limitation User Content
submitted by other Users. Additionally, your dealings with or participation in promotions
of advertisers found on Trace Your Success, including payment and delivery of goods, and
any other terms (such as warranties) are solely between you and such advertisers. You
agree that Trace Your Success shall not be responsible for any loss or damage of any sort
relating to your dealings with such advertisers.
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12. INDEMNITY
You agree to defend, indemnify and hold harmless Trace Your Success and its subsidiaries,
agents, licensors, managers, and other affiliated companies, and their employees,
contractors, agents, officers and directors, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney’s fees) arising from: (a) your use of and access to Trace Your
Success, including any data or content transmitted or received by you; (b) your
violation of any term of this Agreement, including without limitation your
breach of any of the representations and warranties above; (c) your violation of
any third-party right, including without limitation any right of privacy or
Intellectual Property Rights; (d) your violation of any applicable law, rule or
regulation; (e) User Content or any content that is submitted via your Trace Your
Success Account including without limitation misleading, false, or inaccurate
information; (f) your willful misconduct; or (g) any other party’s access and use
of Trace Your Success with your unique username, password or other appropriate security code.
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13. NO WARRANTY
Trace Your Success is provided on an “as is” and “as available” basis. Use of Trace Your Success
is at your own risk. To the maximum extent permitted by applicable law, Trace Your Success is
provided without warranties of any kind, whether express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. No advice or information, whether oral or written, obtained by you
from Trace Your Success or through Trace Your Success will create any warranty not expressly
stated herein. Without limiting the foregoing, Trace Your Success, its subsidiaries, its
affiliates, and its licensors do not warrant that the content is accurate, reliable or
correct; that Trace Your Success will meet your requirements; that Trace Your Success will
be available at any particular time or location, uninterrupted or secure; that any defects
or errors will be corrected; or that Trace Your Success is free of viruses or other harmful
components. Any content downloaded or otherwise obtained through the use of Trace Your
Success is downloaded at your own risk and you will be solely responsible for any damage
to your computer system or mobile device or loss of data that results from such download
or your use of Trace Your Success.
Further, Trace Your Success does not warrant, endorse, guarantee, or assume responsibility
for any product or service advertised or offered by a third party through Trace Your Success
or any hyperlinked website or service, and Trace Your Success will not be a party to or in any
way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and
limitations of certain implied warranties, so the above exclusions may not apply to you.
This Agreement gives you specific legal rights, and you may also have other rights which
vary from state to state. The disclaimers and exclusions under this Agreement will not apply
to the extent prohibited by applicable law.
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14. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Trace Your Success, its
affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect,
punitive, incidental, special, consequential or exemplary damages, including without limitation
damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or
relating to the use of, or inability to use, Trace Your Success. Under no circumstances will
Trace Your Success be responsible for any damage, loss or injury resulting from hacking,
tampering or other unauthorized access or use of Trace Your Success or your account or
the information contained therein.
To the maximum extent permitted by applicable law, Trace Your Success assumes no liability
or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal
injury or property damage, of any nature whatsoever, resulting from your access to or use
of our service; (iii) any unauthorized access to or use of our secure servers and/or any
and all personal information stored therein; (iv) any interruption or cessation of
transmission to or from Trace Your Success; (v) any bugs, viruses, trojan horses, or the
like that may be transmitted to or through our service by any third party; (vi) any errors
or omissions in any content or for any loss or damage incurred as a result of the use of
any content posted, emailed, transmitted, or otherwise made available through Trace Your
Success; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any
third party. In no event shall Trace Your Success, its affiliates, agents, directors, employees,
suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations,
damages, losses or costs in an amount exceeding the amount you paid to Trace Your Success
hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract,
tort, negligence, strict liability, or any other basis, even if Trace Your Success has been
advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitations or exclusions may not apply to you. This Agreement gives you specific
legal rights, and you may also have other rights which vary from state to state. The disclaimers,
exclusions, and limitations of liability under this Agreement will not apply to the extent
prohibited by applicable law.
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15. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY
TRIAL WAIVER
15.1 Governing Law
You agree that: (i) Trace Your Success shall be deemed solely based in Pennsylvania;
and (ii) Trace Your Success shall be deemed a passive service that does not give rise
to personal jurisdiction over us, either specific or general, in jurisdictions other
than Pennsylvania. This Agreement shall be governed by the internal substantive laws
of the State of Pennsylvania, without respect to its conflict of laws principles.
The parties acknowledge that this Agreement evidences a transaction involving
interstate commerce. Notwithstanding the preceding sentences with respect to the
substantive law, any arbitration conducted pursuant to the terms of this Agreement
shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application
of the United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. You agree to submit to the personal jurisdiction of the federal
and state courts located in Doylestown, Pennsylvania
for any actions for which we retain the right to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a our copyrights, trademarks, trade
secrets, patents, or other intellectual property or proprietary rights, as set forth
in the Arbitration provision below, including any provisional relief required to
prevent irreparable harm. You agree that Doylestown, Pennsylvania is the proper forum
for any appeals of an arbitration award or for trial court proceedings in the event
that the arbitration provision below is found to be unenforceable.
15.2 Arbitration
Read this section carefully because it requires the
parties to arbitrate their disputes and limits the manner in which you can seek
relief from Trace Your Success. For any dispute with Trace Your Success, you
agree to first contact us at tnicholas@traceyoursuccess.com and attempt to resolve the
dispute with us informally. In the unlikely event that Trace Your Success has not
been able to resolve a dispute it has with you after sixty (60) days, we each agree
to resolve any claim, dispute, or controversy (excluding any claims for injunctive
or other equitable relief as provided below) arising out of or in connection with
or relating to this Agreement, or the breach or alleged breach thereof (collectively,
“Claims”), by binding arbitration by JAMS, under
the Optional Expedited Arbitration Procedures then in effect for JAMS, except as
provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be
conducted in Bensalem, Pennsylvania, unless you and Trace Your Success agree otherwise.
If you are using Trace Your Success for commercial purposes, each party will be
responsible for paying any JAMS filing, administrative and arbitrator fees in
accordance with JAMS rules, and the award rendered by the arbitrator shall include
costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and
other witnesses. If you are an individual using Trace Your Success for non-commercial
purposes: (i) JAMS may require you to pay a fee for the initiation of your case,
unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award
rendered by the arbitrator may include your costs of arbitration, your reasonable
attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii)
you may sue in a small claims court of competent jurisdiction without first engaging
in arbitration, but this does not absolve you of your commitment to engage in the
informal dispute resolution process. Any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. Nothing in this
Section shall be deemed as preventing Trace Your Success from seeking injunctive or
other equitable relief from the courts as necessary to prevent the actual or
threatened infringement, misappropriation, or violation of our data security,
Intellectual Property Rights or other proprietary rights.
15.3 Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained
or used Trace Your Success for personal, commercial or other purposes, all Claims must
be brought in the parties’ individual capacity, and not as a plaintiff or class member
in any purported class action, collective action, private attorney general action or
other representative proceeding. This waiver applies to class arbitration, and, unless
we agree otherwise, the arbitrator may not consolidate more than one person’s Claims.
You agree that, by entering into this Agreement, you and Trace Your Success are each waiving
the right to a trial by jury or to participate in a class action, collective action, private
attorney general action, or other representative proceeding of any kind.
15.4 Limitation on Claims
You and Trace Your Success agree that any cause of action arising out of or related to
Trace Your Success and/or your use thereof must commence must commence within one (1) year
after the cause of action accrues. Otherwise, such cause of action is permanently barred.
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16. GENERAL
16.1 Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by Trace Your Success without restriction. Any
attempted transfer or assignment in violation hereof shall be null and void.
16.2 Notification Procedures and Changes to the
Agreement
Trace Your Success may provide notifications, whether such notifications are required by
law or are for marketing or other business related purposes, to you via email notice,
written or hard copy notice, or through posting of such notice on our website, as
determined by Trace Your Success in our sole discretion. Trace Your Success reserves the
right to determine the form and means of providing notifications to our Users, provided
that you may opt out of certain means of notification as described in this Agreement.
Trace Your Success is not responsible for any automatic filtering you or your network
provider may apply to email notifications we send to the email address you provide us.
Trace Your Success may, in its sole discretion, modify or update this Agreement from time
to time, and so you should review this page periodically. When we change the Agreement
in a material manner, we will update the ‘last modified’ date at the top of this page
and notify you that material changes have been made to the Agreement. Your continued
use of Trace Your Success after any such change constitutes your acceptance of the new
Terms and Conditions. If you do not agree to any of these terms or any future Terms and
Conditions, do not use or access (or continue to access) Trace Your Success.
16.3 No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver
of such term or any other term, and Trace Your Success’s failure to assert any right or
provision under this Agreement shall not constitute a waiver of such right or provision.
16.4 Contact
Please contact us at tnicholas@traceyoursuccess.com with any questions regarding this Agreement.
16.5 Disclosures; California Residents
The provider of services is Trace Your Success, LLC. If you are a California resident, in
accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs by
contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or
by telephone at (800) 952-5210 or (916) 445-1254.
16.6 Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into
with Trace Your Success in connection with Trace Your Success, shall constitute the entire agreement
between you and Trace Your Success concerning Trace Your Success. If any provision of this Agreement
is deemed invalid by a court of 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, except that in the event of unenforceability of the universal Class Action/Jury Trial
Waiver, the entire arbitration agreement shall be unenforceable.
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