SUCCESS STRATEGIES, LLC
TERMS OF USE
Opt4success.net (the “Site”) is owned by Success Strategies, LLC (“SS”, “we” or “us”). This is an agreement between you and SS. Please read it carefully as it is binding on you. If you do not agree with all of the terms set forth in these Terms of Use (“Terms”), please exit the Site now.
Acceptance of Terms
SS provides a collection of online resources on its Site and in its products (“Products”), subject to the following Terms of Use (“Terms”) which may be updated by SS from time to time. Your use of the Site signifies your complete acceptance of these Terms. SS will provide notice of changes to the Terms by posting the new Terms on the SS site. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site. Should you object to any term or condition of these Terms, any guidelines or any subsequent modifications thereto or become dissatisfied with SS in any way, your only recourse is to immediately discontinue use of the Site and its Products.
SS Content
SS is not responsible for material transmitted through or linked from the Site. The Site and Products may contain resources and links to other websites, which are completely independent of SS. SS does not recommend or endorse any specific products, procedures, opinions, or other information that may be mentioned on or accessed from the Site or Products and makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on the Site or any other websites accessible from the Site. Reliance on any information provided by SS or others appearing on the Site or accessible from the Site is solely at your own risk.
Proprietary Rights
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site or Products. SS retains full copyright ownership, rights and protection in all material contained on the Site or Products (including all software, HTML code and other code). None of the material contained in the Site or Products may be reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the Site or Products are limited to personal, non-commercial viewing and use only. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of SS. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use.
SS and its logo are trademarks of SS and are protected by state and federal laws. Other logos, trademarks and service marks depicted on the Site (“Trademarks”) are the property of their respective owners. Your unauthorized use of Trademarks appearing on the site may constitute a violation of law, which could subject you to substantial civil penalties.
Payment Terms, Cancellation and Refunds need to be worked out
Refunds will be issued within 30 days of initial purchase (“Guarantee Period”). No refunds will be permitted after the Guarantee Period.
User Content
By posting content or communicating with [other registered users] [visitors to the Site] (“User Generated Content”), that information is visible to other visitors to the Site. Be aware that if you actively comment, blog, or post content or participate in chat rooms or similar community forums which may become available on the Site, then any personal information you provide will be accessible to all [visitors] [registered users]. You should also be aware that any information that is made public on the Site may be searchable by other search engines. In addition, even if that content is later removed from this Site, it may still be stored in other computers of people who visited the Site, and removal of that information from this Site will not remove it from those other computers. Therefore, exercise caution when posting personal information to the Site. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any User Content, nor do we endorse such User Generated Content. We do not verify the identity of people using our Site. You use the Site and the User Generated Content at your own risk.
Posting of User Generated Content Requirements
All content that you post to the Site must comply with these Terms and the Unacceptable Materials requirements. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person who assisted you in the creation of that content or any person shown in a photo or video that you upload or identified in any writing that you post. You represent, warrant and agree that you will not upload, email, store, process, post, distribute, transmit, or otherwise publish through the Site any material which:
• is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
• contains any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials;
• contains any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
• contains any materials that constitute spam (sending the same message multiple times or to multiple people will be treated as spam);
• is a solicitation or advertisement for any commercial product or activity;
• encourages behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct;
• restricts or inhibits any other user from using the Site or contains a virus or other harmful component;
• violates any local, state, federal or international laws or gives rise to civil liability;
• violates or infringes any rights of third parties (including but limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
• imposes an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site;
• is a chain letter, or constitutes junk mail;
• “spoofs” (using of any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Site);
• uses or possesses programs to “crack” passwords or other Internet security tools.
We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform with these Terms.
SS reserves the right (but is not obligated) to do any or all of the following:
• Investigate an allegation that a communication does not conform to these Terms and determine in its sole discretion to remove or request the removal of the communication.
• Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
• Terminate a user’s access to the Site
• Monitor, edit, or disclose any communication in any Site community forum.
• Edit or delete any communication posted on the Site, regardless of whether such communications violate these standards.
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of SS, exposes SS or any of its customers or suppliers to any liability or detriment of any type.
SS, or its licensees, have no liability or responsibility to visitors or registered users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
License of Rights
By submitting content to the Site (“your content”), you grant to SS, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the your content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within your content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these Terms. You should be aware that SS or others may have in the past developed, is currently developing, or may in the future develop materials internally or with other parties which may be similar or identical to the ideas or concepts in your content. Accordingly, SS makes no representation that it will not develop (independently or with third parties) ideas or concepts, for itself or for others, that compete with, or are similar or identical to your content and you agree that you will have no right to proceed against SS or dispute SS’s right to consider, develop such concepts or ideas.
User Responsibility
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold SS, and its subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that any of them may incur in connection with a third party claim, or otherwise, arising out of or in connection your content, your use of the Site or Products, your violation of the Terms, your breach of any of the representations and warranties contained herein, or your violation of any rights of another person or entity. We have the right to view and monitor any content posted to this Site and we reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that the content violates these Terms, removal is necessary to protect the rights, property or personal safety of SS, its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve our Site and the experience of our users.
Inappropriate Content
If you believe that any postings on the Site violate these Terms, please let us know by clicking on the “Contact Us” page on the Site, and then sending us an email to info@opt4success.net. We try to review all reported violations and, if we agree with you, we’ll take appropriate action. However, in all cases, we are the final judge on whether these Terms have been violated and we will determine what, if any, action should be taken.
USER CONTENT
We reserve the right to remove any User Content on the Site which allegedly infringes another person’s copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site or the Service. If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
send to info@opt4success.net or to
Success strategies, LLC
15 Wildflower Court
Manalapan,NJ 07726
Disclaimer of Warranties
You agree that use of the site and products is entirely at your own risk. THE SITE and products ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPlY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. To the fullest extent permitted by law, SS (i) disclaims any warranties for the security, reliability timeliness, accuracy and performance of the site and the Service. (ii) disclaims any warranties for other service or goods received through or advertised on the site or the Service or accessed through any links on the site, and (iii) disclaims any warranties for viruses or other harmful components in connection with the site or products.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL SS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR products, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES whether the damages arise from use or misuse of the site or products, from the inability to use the site or products, or the interruption, suspension, modification, alteration, or termination of the site or products, such limitation shall also apply with respect to damages incurred by reason of other goods or products received through or advertised in connection with the site or products or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the site or products or any links on the site or resources in the products. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF SS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE or products, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO SS. These limitations shall apply to the fullest extent permitted by law.
Jurisdiction
SS is based in theUnited States of Americawith principal offices inNew Jersey. SS makes no claims that the Site is appropriate or may be downloaded outside of theUnited States. Products cannot be shipped outside theUnited States. If you access the Site from outside theUnited States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State ofNew Yorkwithout application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and SS (‘Dispute”) shall lie in the state or federal courts located inNew York,New York. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to SS, the Services, the content or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
General Information
The Terms and the Site’s Privacy Policy constitute the entire agreement between you and SS and govern your use of the Site or Products, superseding any prior agreements between you and SS. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement.
Privacy
This Site is governed by the terms and conditions set out in our Privacy Policy: https://www.opt4success.net/connect/privacy-policy/
Termination
You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled SS Content, Proprietary Rights, License of Rights, User Responsibility, Disclaimer of Warranties, Limitations of Liability, Governing Law, General Information and Privacy shall survive any such termination.
Effective Date: October 26, 2011
© 2011 Success strategies, LLC