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Effective September 25, 2024
These Terms of Use (“Terms of Use” or “Agreement“), together with our Privacy Policy, which is hereby incorporated by reference thereto, shall serve as an agreement that sets forth the terms and conditions that will govern your use of our websites, including success.com, mysuccessplus.com, and the SUCCESS+ mobile application (collectively, the “Sites”) offered by SUCCESS Enterprises LLC and its affiliate organizations (“SUCCESS®,” “we,” “us” or “our“). These Terms of Use govern your use of the Sites, including without limitation any subdomains of the Sites, and the services and content made available through the Sites, including without limitation the software, tools, materials, and information (collectively, the “Service”).
Please read the Terms of Use carefully before you start to use the Sites. By accessing the Sites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you hereby confirm your acceptance of these Terms of Use and your intent and agreement to be bound and abide by them. This Agreement is intended to be fully effective and binding on you and on us. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITES. IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE THE CONSENT OF A PARENT OR GUARDIAN BEFORE YOU PROCEED TO USE THE SITES. By using the Sites you represent and warrant that you are of legal age to form a binding contract with SUCCESS® or have documented consent of a parent or legal guardian to enter into this binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page at least annually and upon any account renewal or upgrade so you are aware of any changes, as they are binding on you.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND SUCCESS® ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OF THE SITES OR SERVICE, YOUR RIGHTS OF PRIVACY, OR OUR RELATIONSHIP WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration shall be conducted by the American Arbitration Association (AAA) in conjunction with its Consumer Arbitration Rules. You hereby expressly and knowingly waive your right to file a lawsuit in court or have a trial by jury. Arbitration shall be conducted in Dallas County, Texas by a single arbitrator. Any cause of action you may have under these Terms of Use must be commenced within one (1) year after the claim or cause of action arises. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each of us shall be responsible for the costs of our own legal counsel at the arbitration. Either you or SUCCESS® may start arbitration at any time. You and SUCCESS® agree to first send a notice of the dispute, to SUCCESS® at the address set forth below, or to you at your address on file with SUCCESS®, by email, certified mail, or reputable courier. The notice must include the party’s contact information and the details of the dispute. We will attempt to resolve the dispute in good faith without the need for arbitration. If we are unable to resolve the dispute within thirty (30) days of receipt of the notice, either of us may start arbitration by filing a case with the AAA. Nothing in this section shall limit SUCCESS’® right to seek alternative remedies, including without limitation, injunctive relief in a court of law.
By accessing and using the Sites and/or Service, you agree any claims you bring against SUCCESS® will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate.
If a court rules that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed as a class action, then the arbitration provision set forth above shall be deemed null and void in its entirety and the dispute shall be brought in the federal or state courts in Dallas County, Texas.
YOU UNDERSTAND THAT IN THE ABSENCE OF THIS SECTION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU EXPRESSLY AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
We reserve the right to withdraw or amend the Sites, and any Service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Sites or all parts of the Sites.
You are responsible for both:
To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with the Sites or otherwise, including, but not limited to, through the use of any interactive features on the Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, use best practices for password management including not reusing existing passwords for other websites, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Individuals that complete registration and payment for Accountability Sessions hosted by SUCCESS® (the “Accountability Sessions”) shall be provided a dashboard where they may add their goals for the Accountability Sessions. Information you add to the dashboard is subject to our Privacy Policy and may be viewed by designated SUCCESS® personnel and disclosed to other attendees during Accountability Sessions. The duration and time of Accountability Sessions will be provided at registration. If you cancel your registration you will be charged a $15 fee for each remaining Accountability Session on your registration. For example, if you cancel after two weeks of an eight week Accountability Session program, you will be charged $90 when you cancel your registration on the payment account you provided. If you fail to attend an Accountability Session that you registered for you shall be charged a $15 fee for such failure to attend on the payment account you provided. SUCCESS® may permit one failure to attend with no fee being charged, but such permission shall not act as a waiver of our right to charge the $15 fee for a failure to attend for all remaining Accountability Sessions. For any questions on Accountability Sessions you may reach out to customerservice@success.com.
The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SUCCESS®, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. As between SUCCESS® and you, SUCCESS® is the sole owner of the copyright protection that exists in any response from a generative artificial intelligence tool made available on the Sites. SUCCESS® does not claim ownership in any prompts you submit to any generative artificial intelligence tool made available on the Sites (except for any part of such prompts incorporating SUCCESS® IP), but as between you and SUCCESS®, all responses are owned by us and your use is subject to these Terms of Use.
These Terms of Use permit you to use the Sites and Services for your personal, non-commercial use only, unless otherwise expressly permitted in writing by SUCCESS®. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided through our Sites or Services, except as follows:
Except as otherwise expressly permitted in writing herein, you must not:
You must not access or use for any commercial purposes any part of the Sites or any Services or materials available through the Sites.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is, or shall be, transferred to you, and all rights not expressly granted are reserved by us. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
SUCCESS®, SUCCESS Space®, SUCCESS® Magazine, SUCCESS+TM, the SUCCESS® logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SUCCESS® or its affiliates or licensors. You must not use such marks without the prior written permission of SUCCESS®. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners, which may include SUCCESS Enterprises LLC, and any unauthorized use thereof is expressly prohibited under these Terms of Use.
You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:
Additionally, you agree not to:
With regard to any generative artificial intelligence tools provided on the Sites you must not:
The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, generative artificial intelligence tools, and other interactive features (collectively, “Interactive Services“) that allow users to post, prompt, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Sites.
All User Contributions must comply with the Content Standards (as defined below and set out in these Terms of Use).
Any User Contribution you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose in compliance with these Terms of Use.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SUCCESS®, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Sites.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS SUCCESS® AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to the Designated Agent below. It is the policy of the Company to terminate the user accounts of repeat infringers.
SUCCESS Enterprises LLC
5473 Blair Rd. Suite 100
PMB 30053
Dallas, TX 75231
Attention: Legal Operations
DMCA@success.com
The Digital Millennium Copyright Act requires that such notification must be in writing and include all of the following information:
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
The Sites include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SUCCESS®, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SUCCESS®. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.
We may update the content on the Sites from time to time, but its content is not necessarily complete or up to date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on or through the Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
We and our affiliates may charge fees for access to certain portions of the Sites or Services, or access to the Sites and Services as a whole. You agree to pay all such fees at the rates in effect for the billing period in which such fees and charges are incurred. Unless otherwise specified, all fees will be quoted in U.S. dollars. We reserve the right to change the amount of, or basis for determining, any fees, and to institute new fees. If you submit a credit, debit, or payment account number, or other payment information upon registration, at the time of purchase, or otherwise, you authorize, give us and our third-party payment processors permission, and direct us and our third-party payment processors to retain such information and to charge all fees to such payment method. We may charge fees in advance and on a daily, monthly, yearly, lump sum, or other basis. We may, in our sole discretion, charge fees to your designated payment method individually, or elect to aggregate fees for some or all of your purchases. All fees are due promptly and, unless otherwise indicated, are non-refundable. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy. All purchases through our Sites or other transactions for the sale of goods, services, or information carried out through the Sites, or resulting from visits made by you, may be governed by other hyperlinked terms presented to you at the time of purchase, which are hereby incorporated into these Terms of Use. If fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding fees due to us from you; (ii) assess an additional 1.5 percent late charge, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys’ fees; (iv) charge such fees to any other payment method you have on file with us and/or our third-party payment processors; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use the Sites or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.
Additional terms and conditions may also apply to specific content, services, or features of the Sites and shall be presented via hyperlink or on the applicable registration page prior to you gaining access or receiving delivery of any such content, services, or features. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Sites may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Sites is based in the State of Texas in the United States. Access to the Sites may not be legal by certain persons or in certain countries and may result in your information being transferred to, processed, and maintained on servers and databases located outside of the jurisdiction in which you are based and where the privacy laws may not be as protective as your jurisdiction. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Our commitment to the compliance with data protection and privacy laws is more fully explained in our Privacy Policy, including how you may exercise the rights you may have in your jurisdiction.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SUCCESS® AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO SUCCESS® IN THE LAST TWELVE MONTHS FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless SUCCESS®, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Sites content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.
All matters relating to the Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
No waiver by SUCCESS® of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SUCCESS® to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
SUCCESS® is committed to making the Sites and Services accessible for all to use. We have taken steps and regularly assess the Sites and Services to achieve compliance with generally recognized and accepted standards for accessibility. Should you experience difficulty in accessing any portion of the Sites and/or Services, please contact us at customerservice@success.com.
The Terms of Use and our Privacy Policy along with any other hyperlinked terms contained therein or presented upon the purchase of any goods, services, or content constitute the sole and entire agreement between you and SUCCESS® regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.
The Sites are operated by SUCCESS Enterprises LLC, 5473 Blair Rd. Suite 100 PMB 30053 Dallas, TX 75231. All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: customerservice@success.com.
© 2024 SUCCESS Enterprises LLC. ALL RIGHTS RESERVED. Text, images, graphics, and HTML code are protected by U.S. and international copyright laws.