Customer Terms of Use Agreement
Date Last Revised: February 28th, 2013
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.WAKEUPNOW.com ("WAKEUPNOW"), as owned and operated by WAKEUPNOW, INC., a Delaware corporation, on behalf of those of its direct or indirect subsidiaries and/or affiliates, (collectively referred to as “WAKEUPNOW”). By using WAKEUPNOW you agree to be bound by the terms and conditions of this Agreement and WAKEUPNOW’s Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below).

1. Accepting the Terms
By using the information, tools, features and functionality located on WAKEUPNOW (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the WAKEUPNOW website) or you are a “Customer” (which means that you have registered with WAKEUPNOW). The term “you” or “User” refers to a Visitor or a Customer. The term “we” refers to WAKEUPNOW. If you wish to become a Customer, communicate with other Customers and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with WAKEUPNOW.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and your Personal Information
For information about WAKEUPNOW’s data protection practices, please read WAKEUPNOW’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how WAKEUPNOW treats your personal information when you access WAKEUPNOW and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
3. Description of the Service
The Service is a technology solutions service. Based on such information, the Service may also present information relating to third party products or services (“WAKEUPNOW Offers”).
The Service is provided to you by WAKEUPNOW and is meant as an aid to provide you with multiple technology solutions. It is not intended to provide legal, tax or financial advice.
4. Account Information from Third Party Sites
With the Service, Customers may direct WAKEUPNOW to retrieve their own information maintained online by third-party institutions with which they have customer relationships, maintain accounts or engage in transactions (“Account Information”). WAKEUPNOW works with one or more online service providers under contract to access this Account Information. WAKEUPNOW makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. WAKEUPNOW is not responsible for the products and services offered by or on third-party sites.
WAKEUPNOW cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. WAKEUPNOW cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
5. WAKEUPNOW Offers and Third-Party Links
Some parts of the Service are supported by sponsored links from advertisers and display WAKEUPNOW Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular WAKEUPNOW Offer is sponsored.
6. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify WAKEUPNOW immediately at the email address – support@wakeupnow.com or call us directly at 801.373.2600
7. Your Use of the Service
Your right to access and use WAKEUPNOW and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use WAKEUPNOW for lawful purposes.
Accurate records enable WAKEUPNOW to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of WAKEUPNOW may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of WAKEUPNOW or other actions that WAKEUPNOW, in its sole discretion, may elect to take.
8. Product Guarantees, Returns and Inventory Repurchase

Order Cancellation and Satisfaction Guarantee
Federal and state law require that retail customers have three business days (5 business days for Alaska residents, Saturday is a business day, Sundays and legal holidays are not business days) within which to cancel their purchase and receive a full refund upon contacting WAKEUPNOW Support Department to request cancellation.
Additionally, all approved refunds will have a 10% Service Fee assessed in addition to the pro-rated refund schedule posted below. The refund amount(s) are based upon days/weeks of use. Refunds are issued according to the following schedule:

First Month

Refund Request from date of Enrollment
% Refund
0-3 days
100% minus Fees
4-7 days
75% minus Fees
8-14 days
50% minus Fees
15-21 days
25% minus Fees
22+ days
0%

Month 2 and beyond
Refund Request from renewal date
% Refund
1-3 days
100% minus Fees
3+
0%

9. Customer Transition to an IBO
A WakeUpNow customer originally sponsored under a Non-Profit Entity may transition to an IBO. Transitioning customers have the option to choose which IBO they wish to be sponsored / enrolled under. In the case that the customer does not have a specified choice of sponsor / enroller, they will be placed under the first active IBO in their upline. All customers that transition to IBO status must move under an active IBO. Non-Profit Entities are not IBOs and do not qualify for commissions, therefore may not have any IBOs sponsored by them.
10. Online and Mobile Alerts
WAKEUPNOW may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your WAKEUPNOW account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. WAKEUPNOW may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for WAKEUPNOW. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your password. However, alerts may include your WAKEUPNOW Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
11. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to WAKEUPNOW through the Service, you are licensing that content to WAKEUPNOW solely for the purpose of providing the Service. WAKEUPNOW may use and store the content, but only to provide the Service to you. By submitting this content to WAKEUPNOW, you represent that you are entitled to submit it to WAKEUPNOW for use for this purpose, without any obligation by WAKEUPNOW to pay any fees or other limitations.

12. WAKEUPNOW’s Intellectual Property Rights
The contents of WAKEUPNOW, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of WAKEUPNOW belong or are licensed to WAKEUPNOW or its software or content suppliers. WAKEUPNOW grants you the right to view and use WAKEUPNOW subject to these terms. You may download or print a copy of information provided on WAKEUPNOW for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from WAKEUPNOW in whole or in part for any other purpose is expressly prohibited without our prior written consent.
13. Access and Interference
You agree that you will not:
• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor WAKEUPNOW or any portion of WAKEUPNOW, without WAKEUPNOW’s express written consent, which may be withheld in WAKEUPNOW’s sole discretion;
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search WAKEUPNOW, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
• Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of WAKEUPNOW or the Service; or
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of WAKEUPNOW or the Service.
14. Rules for Posting
As part of the Service, WAKEUPNOW allows Customers to post content on bulletin boards, blogs and at various other publicly available locations on WAKEUPNOW. These forums may be hosted by WAKEUPNOW or by one of our third party service providers on WAKEUPNOW’s behalf. You agree in posting content to follow certain rules.
• You are responsible for all content you submit to WAKEUPNOW.
• By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with WAKEUPNOW and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through WAKEUPNOW, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of WAKEUPNOW and under this Agreement.
• You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
• You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
• You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of WAKEUPNOW, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
• Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club Customerships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
• You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of WAKEUPNOW that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
• You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
• You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
• You acknowledge that WAKEUPNOW uses our third party service provider, Get Satisfaction, Inc. ("Get Satisfaction/WakeUpNow Wiki") to help us provide, host and operate the "Get Help" area of the Service. You agree that if you choose to participate in, or post content to, the "Get Help" area of the Service (located at the domain www.WUNWiki.com), such as by posting a new topic, following a topic or replying to an existing topic, then you agree to also comply with Get Satisfaction's Terms of Use and Community Guidelines, in addition to the terms of this Agreement.
15. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH WAKEUPNOW OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WAKEUPNOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF WAKEUPNOW OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
WAKEUPNOW MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON WAKEUPNOW OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WAKEUPNOW MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
16. Not a Financial Planner, Broker or Tax Advisor
NEITHER WAKEUPNOW NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. WAKEUPNOW IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR.
17. Limitations on WAKEUPNOW’s Liability
WAKEUPNOW SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO WAKEUPNOW, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF WAKEUPNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WAKEUPNOW’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).


18. Your Indemnification of WAKEUPNOW
You shall defend, indemnify and hold harmless WAKEUPNOW and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
19. Ending your relationship with WAKEUPNOW
This Agreement will continue to apply until terminated by either you or WAKEUPNOW as set out below. If you want to terminate your legal agreement with WAKEUPNOW, you may do so by closing your account for the Service.
Please use the directions below to cancel your account:
Contact WakeUpNow Support Monday – Friday (9am – 6pm MST) at 801.373.2600 or via email at: support@wakeupnow.com
WAKEUPNOW may at any time, terminate its legal agreement with you:
• If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
• If WAKEUPNOW in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
• Immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
20. Modifications
WAKEUPNOW may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the WAKEUPNOW website. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
21. Governing Law and Forum for Disputes
Except as otherwise provided in the Agreement, any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled through confidential arbitration. The Parties waive rights to trial by jury or to any court. This arbitration provision applies to claims that were not successfully resolved through the foregoing mediation process as well as claims for less than $10,000.00 not subject to the mediation requirement. The arbitration shall be filed with, and administered by, the American Arbitration Association in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures, which are available on the AAA’s website at www.adr.org. Copies of the AAA’s Commercial Arbitration Rules and Mediation Procedures will also be emailed to IBOs upon request to WAKEUPNOW ’s Compliance Department. Notwithstanding the rules of the AAA, unless otherwise stipulated by the Parties, the following shall apply to all Arbitration actions:
• The Federal Rules of Evidence shall apply in all cases;
• The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
• The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
• The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah shall govern all other matters relating to or arising from the Agreement, without regard to principles of conflicts of laws.
• The arbitration hearing shall commence no later than 60 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
• The Parties shall be allotted equal time to present their respective cases;
• The arbitration shall be brought on an individual basis and not as part of a class or consolidated action.
• The parties waive all claims to consequential, incidental, and exemplary damages.
All arbitration proceedings shall be held in Utah County, Utah. There shall be one arbitrator selected from the panel that the AAA provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court to which the Parties have consented to jurisdiction as set forth in the Agreement. This agreement to arbitrate shall survive the cancellation or termination of the Agreement.
The parties and the arbitrator shall maintain the confidentiality of the arbitration proceedings and shall not disclose to third parties:
• The substance of, or basis for, the controversy, dispute, or claim;
• The substance or content of any settlement offer or settlement discussions or offers associated with the dispute;
• The pleadings, or the content of any pleadings, or exhibits thereto, filed in any arbitration proceeding;
• The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
• The terms or amount of any arbitration award;
• The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
Notwithstanding the foregoing, nothing in the Agreement shall prevent either party from applying to and obtaining from any court to which the Parties have consented to jurisdiction as set forth in the Agreement a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect its trade secrets and intellectual property rights, trade secrets, and/or confidential information including but not limited to enforcement of its rights under the non-solicitation provision of the Agreement.
22. Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if WAKEUPNOW does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which WAKEUPNOW has the benefit of under any applicable law), this will not be taken to be a formal waiver of WAKEUPNOW’s rights and that those rights or remedies will still be available to WAKEUPNOW.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and WAKEUPNOW regarding the subject matter of the same, and supersedes all other previous agreements.