Terms of Service for Success for Life, LLC
Effective January 1, 2012
It is our pleasure to serve you!
1. Modifications to Terms We may change these Terms from time to time. We will notify you of such changes by posting the amended Terms on the Site. These Terms, as amended, will be effective upon acceptance in registration for new users and are otherwise effective for all users after the posting of any amended terms.
2. Modifications to the Site We reserve the right to modify the Site or to change or discontinue any of the services offered on the Site with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify the Site or to change or discontinue our service offerings. If you object to any change to the Site or our services, your sole recourse will be to discontinue your membership in Six Minutes to Success. Your continued use of any modified service on the Site will indicate your assent to such changes.
3. Restricted Activities You agree not to use the Site to (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, or with Six Minutes to Success; (e) interfere with or disrupt the Site or services or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site, in any way that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Six Minutes to Success in its sole discretion. Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
4. Your Content You may submit comments, testimonials, or other content to us (collectively, “Content”) via e-mail links on the Site. You grant to us a royalty-free, perpetual, irrevocable, nonexclusive, worldwide right and license (with the right to sub-license through multiple tiers) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform your Content in any media now known or not currently known; and (b) make, have made, sell, offer for sale, import, and otherwise transfer your Content (collectively, “Use”). Six Minutes to Success may post on the Site any testimonial you submit to us. We will attribute your testimonial to you by posting your first and last initial or your first name and last initial next to your testimonial.
7. Termination We may terminate your use of the Site without prior notice for any reason, at our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Site, and your membership to Success for Life, LLC, at any time.
8. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUCCESS FOR LIFE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE OR THE SUCCESS FOR LIFE AND PROCTORCOACH.COM CONTENT. SUCCESS FOR LIFE, LLC MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES SUCCESS FOR LIFE, LLC MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE PROCTORCOACH.COM CONTENT OR THAT DEFECTS IN THE SITE OR THEPROCTORCOACH CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
9. Limitation of Liability TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SUCCESS FOR LIFE, LLC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SIX MINUTES TO SUCCESS CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of Six Minutes to Success to you for all claims arising from or related to the Site or the Success for Life Content is limited to the lesser of the fees paid by you to Success for Life, LLC for services provided on the Site or fifty dollars ($50).
10. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
11. Indemnification You agree to indemnify, defend, and hold harmless Success for Life, LLC and its partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) your Content and any information you submit, post, or transmit through our Site; (2) your use of the Site or the Success for Life, LLC Content; (3) your violation of these Terms; (4) your violation of any rights of any other person or entity; or (5) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Site.
12. Intellectual Property Success for Life, LLC grants to you a nonexclusive right and license to reproduce the ProctorCoach.com Content for your personal use only. Except for the limited license granted to you in this Section 14, nothing contained on the Site, in the Success for Life, LLC Content, or in these Terms shall be construed to grant any property rights, by license or otherwise, to any invention or any Success for Life, LLC patent, copyright, trademark, or other intellectual property rights.
Trademarks ProctorCoach.com®, is a trademark of Success for Life, LLC. All images, text, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site constitute trade dress and are the property of Success for Life, LLC. Any use of such trademarks, service marks, registered or pending, and/or trade dress without the prior written consent of Success for Life, LLC., is expressly forbidden. Any other trademarks or service marks appearing anywhere on this site are the property of their respective owners.
Copyright The Site, the ProctorCoach.com Content, and all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site are the exclusive property of Success for Life, LLC., and its licensors and are protected by U.S. and international copyright laws. The ProctorCoach.com Content and any other content on the Site may be used for informational purposes only. Any other use of the ProctorCoach.com Content or such other content on the Site without the prior written consent of Success for Life, LLC., is expressly forbidden. The reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of the content of the Site or the ProctorCoach.com Content is expressly prohibited without the prior written consent of Success for Life, LLC.
Copyright Infringement In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Site has designated an agent to receive notices of claims of copyright infringement:
Copyright Officer Success for Life, LLC.
We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party.
13. Dispute Resolution Any claim, dispute, or controversy arising out of the Terms, the services provided on the Site, or the ProctorCoach.com Content (“Claims”) shall be resolved by final and binding arbitration before a single arbitrator (“Arbitrator”) selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in Vancouver, WA, USA. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney’s fees, costs, and disbursements arising out of the arbitration. Either you or Six Minutes to Success may seek interim or preliminary injunctive relief from a court of competent jurisdiction in Vancouver, WA, as necessary to protect the rights or property of you or Success for Life, LLC pending the completion of any arbitration proceeding.
14. General The Terms constitute the entire and exclusive and final statement of the agreement between you and Six Minutes to Success with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and Success for Life, LLC with respect to the subject matter hereof. The Terms and the relationship between you and Six Minutes to Success shall be governed by the laws of the State of Washington, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.
Success for Life, LLC’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and Success for Life, LLC nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and Success for Life, LLC’s intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. Sections 2 through 14 shall survive any expiration or termination of the Terms.
Effective March 1, 2010
COLLECTION AND SUBMISSION OF PI AND NON-PI ON SM2S
General. When S4L collects PI from you it is because you are voluntarily submitting Registration PI to us in order to register as a Member of S4L. S4L may also collect PI from you if you choose to participate in S4L Services or activities like contests and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to S4L for review.
In addition, S4L collects other non-PI including IP address, aggregate user data, and browser type. This data is used to manage and improve the S4L Services, track usage, and for security purposes.
S4L Members may also choose to provide or store non-PI information in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively “Profile Information”).
The Profile Information in a Member’s profile is provided at his or her sole discretion. S4L Members can change their Registration PI and Profile Information at any time and can control how Visitors, other Members and S4L communicate with them by controlling their account settings, available within the “Edit Profile” portion of their S4L profile.
You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the S4L Services.
NOTICE: SM2S WILL PROVIDE YOU WITH NOTICE ABOUT ITS PI COLLECTION PRACTICES
Third party applications (such as widgets) created by third party developers may also be available on the S4L Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, S4L does not control the third party developers, and cannot dictate their actions. When a Member engages with a third party application, that Member is interacting with the third party developer, not with S4L. S4L encourages Members not to provide PI to the third party’s application unless the Member knows the party with whom it is interacting.
CHOICE: S4L WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR IP
USE: S4L’S USE OF PI
As a member of S4L, you will receive promotional materials (e.g., newsletters) or notifications from S4L, S4L may periodically use your email address to send you such materials related to the S4L Services, as applicable. If you want to stop receiving such materials from S4L, you can do so by simply following the unsubscribe instructions at the bottom of each email.
S4L employees, agents and contractors must have a business reason to obtain access to your PI. S4L may share your PI with those who help us manage or provide S4L Services’ information activities (for example, message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.
These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PI to provide S4L with a specific service and not for any other purpose. S4L may also provide your PI to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PI. S4L also may share your PI with Affiliated Companies if it has a business reason to do so.
As described in “Notice” above, S4L may customize the advertising and marketing messages you receive on the S4L Website, or may work with outside companies to do so. Your non-PI and/or Profile Information may be shared with these companies so this customization can be accomplished. S4L prohibits these companies from sharing your non-PI and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with S4L’s advertisers and business partners.
There may be instances when S4L may access or disclose PI, Profile Information or non-PI without providing you a choice in order to: (i) protect or defend the legal rights or property of S4L, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the S4L Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if S4L sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, S4L may transfer your PI to the party or parties involved in the transaction as part of that transaction.
When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. S4L is not responsible under the EU local data protection laws for Member-posted information.
SECURITY: S4L PROTECTS THE SECURITY OF PI
S4L uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PI and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, S4L uses reasonable methods to make sure that PI is accurate, up-to-date and appropriately complete.
ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR PI AND HOW TO CONTACT S4L ABOUT PRIVACY CONCERNS
Whenever possible, S4L Members may review the Registration PI we maintain about them in our records. We will take reasonable steps to correct any PI a Member informs us is incorrect. If you are a Member, you can view and change your Registration PI, Member preferences and Profile Information by logging into your account and accessing features such as “Edit Profile” and “Account Settings.” If you ask S4L to stop using your PI, S4L will honor that request while retaining any record of your PI that is necessary to comply with applicable federal, state or local law.
Mail: Success for Life, LLC
ATTN: Policy Agent
PO Box 2273
Vancouver, WA 98668