LAST AMENDED DATE: January 2, 2019
Successtivity.com (hereinafter the “Website”) is operated by Successtivity (hereinafter “Successtivity”). The following terms of use govern the use of this Website, which is managed by Successtivity. BY USING THIS WEBSITE (SUCCESSTIVITY.COM) AND THE ONLINE SERVICES, YOU AGREE TO THESE TERMS OF USE.
Notices
Privacy
For information about your privacy please see our Privacy Policy.
Browser Support
Successtivity supports the two latest versions of the following web browsers: Chrome, Internet Explorer, Firefox, and Safari. Due to the rapidly evolving nature of web technology, we cannot guarantee the accuracy or functionality of any advice or information offered on the Website unless viewed in a supported browser.
Commentary
The Website contains links to certain articles only as a convenience. Linked articles have been written by third parties not affiliated with Successtivity. No information contained in these articles has been endorsed or approved by Successtivity, and Successtivity is not responsible for the content. No information accessed through these articles constitutes a recommendation by Successtivity to perform any action discussed therein. You shall be fully responsible for any decisions you make, and such decisions will be based solely on your evaluation of your personal circumstances and objectives.
Trademarks
We work hard to make sure our goods and services are easily recognizable. We do this by associating our goods and services with our trademarks and trade dress (“Mark” or collectively “Marks”). This is why our Marks cannot be used in any manner that is deceptive or disparaging, or in connection with any product or service that is not ours. Without our prior written consent, using a Mark constitutes trademark infringement and unfair competition in violation of federal and state laws.
The following is a non-exhaustive list of our Marks. The absence of a product or service name or logo from this list does not constitute a waiver of trademark or other intellectual property rights.
Successtivity
For more information on how to use our Marks contact us at https://successtivity.com/contact.
Copyright and Other Intellectual Property
Successtivity maintains the Website and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Website. The materials contained within the Website, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. Successtivity also owns a copyright in the selection, coordination and arrangement of the material contained within the Website.
The material contained within the Websites is provided by Successtivity only for lawful uses by customers, Successtivity employees, and members of the general public. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of Successtivity.
Digital Millennium Copyright Act
Successtivity respects the intellectual property rights of others and expects its users to do the same. Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), Successtivity will respond expeditiously to notices of alleged copyright infringement on the Website that are reported to Successtivity.
Successtivity prohibits copyright infringing activities on the Website and will, if properly notified of infringing files, expeditiously remove or disable access to such files. Upon receipt of the notice, Successtivity will take whatever action, in its sole discretion, it deems appropriate, including removing or disabling access to the material without prior notice, to the extent it is technologically possible given the nature of the Website.
Notice: If you are a copyright owner, or agent thereof, please report alleged copyright infringements taking place on or through the Website or other Successtivity services by completing a DMCA notice of alleged infringement and delivering it to Successtivity. Upon receipt of a notice, Successtivity will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
Counter notice: Once an appropriate notice is received, Successtivity will follow the procedures provided in the DMCA, which set forth a notice and takedown process, subject to the alleged infringer’s right to submit a counter-notification claiming lawful use of the copyright or other intellectual property interest that is allegedly infringed. Please note that any notices or counter notices received may be sent to Successtivity’s legal advisors.
Please provide the following information to us:
Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by this Notice, a representative list of the copyrighted works that are claimed to have been infringed.
Identify the material or activity claimed to be infringing or to be the subject of infringing activity and provide information reasonably sufficient to locate the material, including, at minimum, if applicable, the URL.
Provide information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and, if available, e-mail address.
Include both of the following statements in the body of the notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Sign the notice by providing a physical or electronic signature along with your full legal name.
Deliver this notice, with all items completed, to https://successtivity.com/contact.
Links
Clicking on certain links within the Website or certain other websites that are linked to the Website may take you to other websites or may display information on your computer screen from other websites, which may not be maintained by Successtivity. Such websites may contain terms of Use, privacy provisions, confidentiality provisions, or other provisions that differ from the terms of Use applicable to the Website. Links to other Internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.
Successtivity assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which the website is linked, and such linked websites are not monitored, investigated, or checked for accuracy or completeness by Successtivity. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.
Limited Liability
NEITHER SUCCESSTIVITY NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE INFORMATION AT THE WEBSITE, NOR THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF SUCCESSTIVITY, ARE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE USE OF THE WEBSITE OR A LINKED WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR A LINKED WEBSITE, WHETHER OR NOT SUCCESSTIVITY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT OR ANYONE ELSE’S EQUIPMENT, ANY INCOMPATIBILITY BETWEEN THE WEBSITE’S FILES AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, OR ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE. SUCCESSTIVITY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR A LINKED WEBSITE. THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY LINKED WEBSITES ARE NOT NECESSARILY INVESTIGATED, VERIFIED, MONITORED OR ENDORSED BY SUCCESSTIVITY. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTION OF SERVICES PUBLISHED ON THE WEBSITE OR A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SUCCESSTIVITY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE AND LINKED WEBSITES. SUCCESSTIVITY MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEBSITE AT ANY TIME.
No Warranties
ALL PRODUCTS, SERVICES AND CONTENT ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. SUCCESSTIVITY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON THE WEBSITE. SUCCESSTIVITY SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD SUCCESSTIVITY HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES RELATED TO YOUR VIOLATION OF THESE TERMS OF USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED AT THE WEBSITE.
Confidentiality of Information
Successtivity has taken reasonable steps to ensure the confidentiality of information taken through the Website and transmitted via the internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information, and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
Please read our customer Privacy Policy for further information on confidentiality of information.
Restricted access
Access to certain areas of the Website is restricted. Successtivity reserves the right to restrict access to certain areas of the Website, or at its discretion, this entire Website.
If Successtivity provides you with a user ID and password to enable you to access restricted areas of the Website, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security and for all activities that occur using your password and user ID.
Successtivity may disable your user ID and password at its sole discretion without notice or explanation.
Website Content and Material
The information and materials contained in the Website, including but not limited to these Terms of Use and any product information, are subject to change without notice. You are deemed to be apprised of and bound by any such changes. Please review the date last updated, as your use of the Website after that date will constitute your consent to the changes made. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by us.
Termination
You agree that, without notice, Successtivity may terminate these Terms of Use, or suspend your access to Successtivity’s service or the content, with or without cause at any time and effective immediately. These Terms of Use will terminate immediately without notice from Successtivity if you, in Successtivity’s sole discretion, fail to comply with any provision of these Terms of Use. Successtivity shall not be liable to you or any third party for the termination or suspension of the service or the content, or any claims related to such termination or suspension.
Choice of Law
You agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Delaware, without giving effect to principles of conflicts of law. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in New Castle County, Delaware, and you hereby irrevocably consent to the personal jurisdiction and venue therein.
Waiver and Severability
Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other right, term or provision of these Terms of Use. If any provision in these Terms of Use shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Access and Interference
You must not use the Website in any way that causes, or may cause, damage to or impairment of the availability of accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to the Website without Successtivity’s express written consent. This includes:
scraping
data mining
data extraction
data harvesting
‘framing’
article ‘Spinning’
You must not use this Website or any part of it to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing without the express written consent of Successtivity.
You must not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the any aspect of our Website or equipment for any purpose.
You shall not sign up under a false name.
Secured Areas
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to prosecution.
Telephone Call Monitoring and Recording
Authorized employees or agents of Successtivity may monitor and record all or portions of your telephone calls to Successtivity for quality control, customer service, employee training, security, legal compliance, and other lawful purposes. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.
Communications
By using the service or the content of the Website, you consent to any form of recording and retention of any communication, information and data exchanged between you and Successtivity or its representatives or agents.