Terms & Conditions

The Wilcox Agency 

NOTE: ALL SALES are FINAL with NO RETURNS or REFUNDS to CLIENTS (anyone who downloads any Agency PROGRAM, e-BOOK or CONTENT (hereinafter SYSTEM) from the www.arielawilcox.com Web Site or the www.yourgoday.com Web Site (hereinafter Web Site)).

THE YOUR GO! DAY™ SYSTEM or ANY AGENCY SYSTEM is PROVIDED “AS IS” AND “AS AVAILABLE” AND FOR ENTERTAINMENT, INFORMATION, or EDUCATIONAL PURPOSES ONLY (hereinafter PURPOSE); The Wilcox Agency (hereinafter Agency) DISCLAIMS ALL KIND OF WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THE TERMS and CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE AGENCY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY, or PROFITABILITY WITH and OF the SYSTEM OR THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. The AGENCY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS.

YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE of the SYSTEM REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. AND YOU AGREE THAT FROM TIME TO TIME THE WILCOX AGENCY MAY REMOVE THE SYSTEM FOR INDEFINITE PERIODS OF TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SYSTEM WITHOUT NOTICE TO YOU.

IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS HEREIN, The Wilcox Agency AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY OR LOSS, FINANCIAL or OTHERWISE, IN CONNECTION WITH THE YOUR GO! DAY™ SYSTEM; the LEVERAGE and GROW RICH® SYSTEM; and The MILLIONAIRE CODE SYSTEM per the LICENSE AGREEMENT WHICH IS SIGNED by any CLIENT BY DOWNLOADING ANY SYSTEM from www.YourGoDay.com or www.ArielaWilcox.com (hereinafter WEB SITE) and is CONSIDERED PART of THESE TERMS and CONDITIONS YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE YOUR GO! DAY™ SYSTEM or any AGENCY SYSTEM IS NOT DESIGNED FOR USE IN EMERGENCIES, FOR MEDICAL OR PSYCHOLOGICAL PURPOSES, FOR THERAPY OR FOR ANY PURPOSE OTHER THAN ENTERTAINMENT, INFORMATION, or for EDUCATION.

YOU RELY ON OR ACT UPON THE ADVICE OF ANY ADVISOR OR OTHER USER OF THE GO DAY SYSTEM OR ANY AGENCY SYSTEM, SOLELY AT YOUR OWN RISK AND BY YOUR OWN FREE AND VOLUNTARY ELECTION AND VOLITION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR THE CONTENT THAT YOU SUBMIT AND ANY ACTS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY OF THE INFORMATION OR ADVICE PROVIDED BY ANY ADVISOR, CLIENT OR USER.

By submitting this order, I agree to these Terms and Conditions: I am of legal age in my State to enter into this agreement and I am of sound mind to enter into this agreement and to conduct business activities 2) I understand that my earning potential should I choose to conduct any business activity with the “System”, is entirely dependent on my own efforts, time, commitment, and skills. I understand that The Agency does not guarantee a particular level of success or results. I understand that if I use the “System” in a business that the “System” is not a “get rich quick” System or program and that my results may differ from any income illustrations used in the “System” I understand that my purchase is not an “investment” but the purchase of a product (“System-Program”). I understand that any sales material of forward-looking statement made by the Agency is intended to express the Agency’s opinion that a reasonable person can make income with the “System” by improving their lives through hard work and education.

I understand due to the proprietary nature of the “System” that the Agency is unable to provide any refunds and that ALL SALES-ORDER-DOWNLOADS are FINAL.

If you do not understand or agree with these TERMS and CONDITIONS, please do not purchase the “System” or download the “System”. By downloading any of the “System” from the Web Site, you agree to these Terms and Conditions and that as part of the Terms and Conditions you are licensing the “System” from the Publisher (with a lifetime license as along as the Terms of the Licensing Agreement are kept by you) and that by downloading the “System” from the Web Site you understand and agree that you are signing a Licensing Agreement (hereinafter Agreement) and that you have read and are signing the Agency Agreement.

I understand that by submitting this order or downloading the “System” from the Web Site, I grant permission to the Agency to communicate with me by U.S. Mail, e-Mail, SMS-messaging – telephone/Cell regarding this or other offers. Publisher agrees to keep your information private in accordance with the Privacy Policy on the Web Site. I understand that there are no reoccurring charges with this transaction and that I may opt out or ask for deletion of my information at any time by writing the Agency at: The Wilcox Agency 1155 Camino del Mar #173 Del Mar, California.

By submitting this order or downloading Content or EBook from the “Web Site” you understand you are purchasing a product and that this is a single one-time transaction with no monthly ongoing fees. You also understand that, by law, no company is allowed to make a guarantee of any kind about the success or results in any endeavor. As such, I understand that my results with the YOUR GO! DAY™ system; The Millionaire Code System; or the Leverage and Grow Rich® System or any System (collectively “System”) downloaded from the “Web Site” , if you use any of the “System” downloaded from the above Web Site, will depend on my own investment of time, energy, commitment, and skills. All income examples within the “System” are for illustration, demonstration, and educational purposes only.

COPYRIGHT AND DISCLAIMER

Ariela Wilcox, President of Brand its Own It, Ltd. (dba The Wilcox Agencyherinafter “Agency”), has created The SIGNATURE PROGRAM (LEVERAGE and GROW RICH® (hereinafter LGR) and The Millionaire Code (Business Model Licensing hereinafter The Millionaire code) collectively the ‘SYSTEM”which are business methods & Intellectual Property of Ariela Wilcox and cannot be used without her permission. “Fire Up Your Business in 90 Days…CASH IN! is Ariela Wilcox‘s Intellectual Property. Leverage and Grow Rich® and The Mirror Practice™ are Trademarks of Ariela Wilcox and cannot be used without her permission. Ariela Wilcox and her Company, (The Wilcox Agency) also offers consulting services to help Professionals and Business Owners learn how to set up a “Signature Program” as a system, and other Wilcox Agency (hereinafter TWA) programs, as well as learn The Millionaire Code method in a 1 to 1 Consulting format over 6 weeks.

In consideration of this written material and the consulting services offered by The Wilcox Agency in offering such education, as a license to Licensees, said Licensees (hereinafter “Client(s)”) & readers understand and agree to the following:

THE INFORMATION of AGENCY SYSTEM IS STRICTLY EDUCATIONAL INFORMATION. IT IS UNDERSTOOD BY CLIENTS THAT THE AGENCY is NOT FORMING ANY FRANCHISE, PARTNERSHIP, JOINT VENTURE, OR OTHER CONTINUING BUSINESS RELATIONSHIP WITH CLIENTS. CLIENTS DO NOT NEED TO SIGN UP FOR A CONSULT, or for ANY AGENCY PROGRAM. CLIENTS ARE ENCOURAGED TO SEEK LEGAL COUNSEL OF THEIR CHOICE BEFORE STARTING ANY AGENCY PROGRAM or ANY PROGRAM of THEIR OWN BASED ON THE INFORMATION IN ANY AGENCY PROGRAM. CLIENTS UNDERSTAND that if they are NOT CLIENTS of THE AGENCY they are ENCOURAGED to SEEK LEGAL HELP from an ATTORNEY and AGREE THAT THEY WILL SEEK LEGAL COUNSEL BEFORE SETTING UP ANY AGENCY PROGRAM or THEIR OWN PROGRAM BASED on INFORMATION FROM ANY AGENCY PROGRAM.

2. ANY FINANCIAL INFORMATION PROVIDED TO THE CLIENT IS SOLELY FOR THE PURPOSE OF ASSISTING THE CLIENT IN HIS/ HER UNDERSTANDING OF THE REVENUE POTENTIAL of HAVING a PROGRAM LIKE an AGNECY PROGRAM. SUCH INFORMATION DOES NOT CONSTITUTE ANY TYPE OF REPRESENTATION AND MAY NOT BE RELIED UPON BECAUSE OF THE DIFFERENCES IN INDIVIDUAL ENTREPRENEURSHIP, BUSINESS PRACTICES, WORK ETHIC of an INDIVIDUAL, or SKILLS. NOR SHOULD IT BE ASSUMED BY CLIENTS THAT THE CLIENT CAN OR WILL MAKE THE SAME KIND OF REVENUE AS INDICATED IN AGENCY PROGRAM or THAT OTHER CLIENTS of THE AGENCY HAVE MADE.

3. AS A CONSULTANT AND EDUCATOR, ARIELA WILCOX AND THE AGENCY MAINTAINS A NEUTRAL POSITION IN REGARDS TO DIFFERENT BRANDS, BRAND NAMES, AND COMPANIES REFERRED TO OR RECOMMENDED. ALTHOUGH THROUGHOUT ANY AGENCY SYSTEM. CLIENTS MAY SEE REFERENCES TO CERTAIN PRACTICES OR COMPANIES, THEY ARE MEANT TO BE SUGGESTIONS and-or PRACTICES THAT HAVE WORKED for some CLIENTS. THE AGENCY NEITHER RECOMMENDS NOR SUGGESTS that CLIENTS HAVE TO USE THESE METHODS. THE AGENCY SPECIFICALLY DOES NOT GUARANTEE THAT CIENTS WILL HAVE THE SAME RESULTS or REVENUE as some AGENCY CLENTS HAVE HAD, AS CLIENTS’ S INCOME IS BASED ON READERS’ EFFORTS ALONE.

THE WILCOX AGENCY – LICENSING AGREEMENT

YOU ARE RECEIVING LIFE A TIME LICENSE when YOU DOWNLOAD CONTENT from the WEB SITE as LONG as YOU ADHERE to the TERMS and CONDITIONS of the WEB SITE and the LICENSE AGREEMENT, WHICH IS CONSIDERED PART of the WEB SITE TERMS and CONDITIONS.

YOU UNDERSTAND, have READ the LICENSE AGREEMENT and AGREE that YOU ARE SIGNING the LICENSE AGREEMENT BELOW WHEN YOU DOWNLOAD CONTENT OFF THE WEB SITE.

CONTENT LICENSE AGREEMENT

This Content License Agreement (“Agreement”), effective as of the date of the Electronic Signature when any Content or Program is downloaded by Client (any person who downloads a Program and pays for it from the www.arielawilcox.com or yourgoday.com Web Site (hereinafter Web Site) “Client” or “Licensee”), (hereinafter Client or Licensee by and between Ariela Wilcox (Brand It Own IT, Ltd. dba The Wilcox Agency) (hereinafter “Licensor”), and Client, (hereinafter “Licensee” an individual (collectively the “Parties”).

RECITALS

WHEREAS, Licensee wishes to buy and use for his .her own Business, Educational, or Entertainment Purposes the “Program-System” (hereinafter “System”) business;

WHEREAS, Licensor is the sole and exclusive owner of certain copyrighted, Trademarks, and other intellectual property that can be used to develop Licensees educational/teaching/business (Intellectual Property – IP and “Educational Materials” (hereinafter “System”); and

WHEREAS, the “System” consist of the content, Agency “Program-System”, e-Books, and other items or content listed in Schedule A.

WHEREAS, Licensor desires to grant Licensee the right to use the “System” to Licensees for his/her/their educational/teaching/business/ or Entertainment purposes, subject to the Terms and Conditions of the Web Site and of this agreement.; and

NOW, THEREFORE, in consideration of the premises and the mutual covenants of this Agreement, the parties hereto agree as follows:

1. LICENSE GRANT
License Grant. Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a nontransferable, nonexclusive, worldwide right solely to personally use the “System” for Entertainment, Educational, Informational, or Business purpose to develop an educational/ teaching business. A
s part of the license, Licensee has the right to use one print or electronic copy of each of the documents that comprise the Educational Materials listed on Schedule A. This license does NOT include the right to reproduce, distribute, or publicly display the Educational Materials in any way, including through
use of the Internet or World Wide Web. Licensee shall not have the right to sublicense or otherwise enter into agreements to allow others to use the IP and Educational Materials, in whole or in part.

2. TERM
The Initial Term of this Agreement shall be for the first (365) days. This Agreement shall automatically renew for successive thirty (365) days Term, without a renewal fee as long as Licensee adheres to the Terms and Conditions of this agreement and the www.arielawilcox.com and www.yourgoday.com Web Site.

3. PAYMENT
Licensee agrees to pay Licensor the current License fee (hereinafter Price- the retail fee on the Web Site) on the www.ariela wilcox.com Web Site, which shall entitle the Licensee to a 365 day Initial Term license and an ongoing yearly license as long as Licensee adheres to the Terms and Conditions of the License Agreement and the Web Site. The Price is non-refundable after Licensee downloads any Agency Program from the Licensor’s Web Site due to the proprietary nature of the “System”. If the Licensee no longer wishes to make use of the “System” for any reason, the Licensee must notify the Licensor in writing as such and must certify to the Licensor that the Licensee has destroyed and/or returned all paper and electronic copies of the “System” at which point the Licensee is not to use the Licensor’s “System” of Licensor in any business dealings or to the public..

4. BREACH
Licensee shall be considered in material breach of this Agreement in the event the Licensee misappropriates the Licensor’s Property, which constitute the Licensor’s copyrighted, Trade Marks, and other intellectual property, by engaging in any of the following:

Reproducing additional paper or electronic copies of any of the documents comprising the “System” Materials (including variations of the documents made as a result of alterations undertaken by the Licensee);
Distributing originals or reproductions of any of the documents comprising the “System” (including variations of the documents made as a
result of alterations undertaken by the Licensee) to persons besides the Licensee;
Publicly displaying any of the documents comprising the “System” (including variations of the documents made as a result of alterations undertaken by the Licensee) through any means, including display of the “System” on the Internet or World Wide Web; or
Continuing to use any of the documents comprising the “System” (including variations of the documents made as a result of alterations undertaken by the Licensee) after this Agreement has been terminated by the Licensor.

5. TERMINATION

Termination for Breach. This Agreement may be terminated by Licensor for the material breach of the Client provided that the Licensor gives written notice (e-Mail constitutes written notice) to the Client. Upon providing written notice of a material breach, the Agreement will terminate immediately.  
Termination for Reasons Other Than Breach. This Agreement may be terminated by Licensor upon providing thirty (30) days advance written notice to the other party for any reason other than material breech. In the event that the Licensor provides notice of termination for reasons other than breech, during the pendency of a license term, the Agreement shall be considered terminated at the end of the thirty day notice.  
Post-Termination Rights and Obligations. Upon the expiration or earlier termination of this Agreement, Licensee shall immediately cease using the “System” and shall destroy any physical copies and/or permanently delete any electronic copies of the “Property

6. OWNERSHIP
Licensor shall retain all right, title and interest in and to the “System” subject to the license grant to Licensee hereunder.

7. DAMAGES
It is acknowledged by both the Licensor and the Licensee that material breach of this Agreement by the Licensee by misappropriating the Licensor’s “System” intellectual property will cause the Licensor to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the Licensor of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for breach of this Agreement, the Licensee agrees that liquidated damages may be assessed and recovered by the Licensor as against the Licensee, in the event that the Licensee misappropriates the Licensor’s intellectual property and without the Licensor being required to present any evidence of the amount or character of actual damages sustained by reason thereof. Therefore Licensee shall be liable to the Licensor for payment of liquidated damages in the amount of One Thousand Dollars ($1,000) for each day that Licensee is in material breach of this Agreement. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Licensee shall pay them to Licensor without limiting Licensor’s right to terminate this Agreement for breach as provided elsewhere herein.

8. NO ADDITIONAL SERVICES PROVIDED
Licensor will provide NO WRITTEN DETAILED MARKET PLAN, BUSINESS PLAN, or PR PLAN to the Licensee. The only information given to the Licensee is in the form of the Educational Materials (“Property or Agency “Program-System”). Licensee understands and agrees that the “System” is NOT a franchise and that the Licensee is not becoming a Franchisee by downloading and using the “System”

9. LICENSEE ASSUMPTION OF RISK
Licensee acknowledges that Licensee is going into business for himself, herself, or themselves if they use the Licensor’s “System” as a business or to make revenue with the Licensor’s “System” ; acknowledges that there is a high degree of risk with running any business; and that the Licensee will hold harmless the Licensor and all her employees, directors, & share-holders from any damages. Licensor has informed Licensee in this License agreement and in the Terms and Agreement of the www.arielawilcox.com Web Site (Web Site) that use of the “System” does not guarantee a profit and the Licensee’s resulting revenues depends solely on the Licensee’s efforts, business skills, etc. By downloading any Agency Program (“System”) Licensee acknowledges that he/she/they have read, understood and Agree that there is a high degree of risk with any business. Licensee acknowledges this high-degree of risk and the Licensee agrees and assumes responsibility for the success of his/her/their own business; for any Employees they may hire; and for all State and Federal taxes & business expenses.

10. WARRANTIES
A. Corporate Warranties. Each of the Parties hereby represents and warrants that: (i) it has the right, power, and authority to enter into this Agreement;
(ii) the Agreement has been duly executed by the Party’s authorized representative; and (iii) this Agreement does not contravene or otherwise conflict with any other agreement entered into by that Party.
B. Licensor’s Warranties. Licensor represents and warrants that it has all title, rights, and interest in and to the Content and that Licensee’s use of the Content will not infringe any intellectual property right of any third party.

11. INDEMNIFICATION
A. Indemnification by Licensor. Licensor will indemnify and hold harmless Licensee, its officers, directors, and employees from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys fees) arising from its breach of any of its warranties in Section 10 herein. B. Indemnification by Licensee. Licensee will indemnify and hold harmless Licensor, its officers, directors, employees, from any and all third, party claims, liability, damages, and/or costs (including but not limited to, attorneys fees) arising from its breach of its warranties in Section 9 herein or breach of the license grant in Section 1 herein. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST REVENUES OR LOST PROFITS OR OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCURRED BY ANY PERSON, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.

12. OTHER PROVISIONS
Licensor Use of Recorded Audio or Video Sessions. Licensee agrees that by participating in recorded audio or video sessions conducted by Licensor, the Licensee is consenting to the Licensor using such recorded audio or video sessions for Licensor’s future business or PR purposes. Assignability. The license granted hereunder is personal to Licensee and shall not be assigned by any act of Licensee or by operation of law unless the prior consent of the Licensor is obtained.

Choice of Law/Jurisdiction. This Agreement shall be governed in accordance with the laws of the State of California, without regard to its choice of law or conflicts of law provisions. The parties consent to the jurisdiction of all such courts.

Successors. The provisions of the Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.

Waiver. No waiver by either party of any breach of this Agreement shall be deemed as a waiver of prior or subsequent breach of the same or other provisions of this Agreement.

Severability. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

Notices Between the Parties. Any notice required to be given pursuant to this Agreement shall be in writing and delivered personally to the other designated party at the address below or mailed by certified or registered mail, return receipt requested or delivered by a recognized national overnight courier service. Licensor may modify Licensee via email if Licensor has no address on file for Licensee. Either party may change the address to which notice or payment is to be sent by written notice to the other in accordance with the provisions of this paragraph.

Address for the Licensor:
Ariela Wilcox, President
The Wilcox Agency 
1155 Camino del Mar, Suite 173
 Del Mar, CA 92014

No Joint Venture. The relationship between Licensor and Licensee is that of independent contractors, and nothing herein shall be construed as creating an employment, partnership, or a joint venture between them. Neither Party shall have the right to bind the other Party to any obligation or liability whatsoever. Entire Agreement/Modification. This Agreement constitutes the entire understanding between the parties, and supersedes all prior agreements between the parties on this subject matter. This agreement shall not be modified or amended except in a writing signed by both parties. This Agreement shall take precedence over any other documents which may be in conflict with this Agreement. By either BUYING any AGENCY PROGRAM or DOWNLOADING IT I hereby attest that I have read this License agreement and I am electronically signing this License agreement (if downloading any Agency Program online) I hereby accept and agree to all the terms and conditions in the Agreement herein.

Schedule A

The following System and Content (“System”) are to be licensed under this Licensing Agreement

The “System” is any AGENCY PROGRAM or e-Book downloaded from the www.areilawilcox.com Web Site or the www.yourgoday.com Web Site

The “System” may include, either presently or in the future, videos, audio files, and blogs that will be part of the Agency’s Program (“System”), including all You Tube videos or other videos Licensor wants protected, data on website and supplemental materials, including all digital media whether known or designed in the future, of Licensor.   These may be posted on www.arielawilcox.com Web Site or the www.yourgoday.com   Website for licensee to download with a password in the future. 
The Agency Trade Mark and other Intellectual Property, specifically Leverage and Grow Rich® and YOUR GO! DAY™