These Terms and Conditions (“Terms”) effective on the first date of use of any services or platform (the “Services”) is made by and between Success Path, LLC, an Arizona limited liability company (“Success Path Coach”), and the user of any and all Success Path Coach Services (“You”).
These Terms are important and have a legal effect, so read the Terms carefully. By accessing or using the Success Path Coach Services, including websites, mobile applications, blogs, or social media platforms or pages (collectively, the “Sites”) provided by Success Path Coach, You agree to be bound by these Terms and all of the terms incorporated herein by reference. If You are accessing the Sites or Services on behalf of any entity, You represent and warrant that you are authorized to accept these Terms on behalf of the entity and that such entity agrees to be responsible for any breach or violation of these Terms. By using the Sites or Services, You are warranting that You are 18 years of age or older and have the full authority to agree to these Terms. If You do not agree to these Terms, you may not access or use the Sites or Services.
By using the Services or Sites, You warrant that you have provided accurate information and protected the security of your email and accept all risks of unauthorized access to your account and the information You provide. You have an affirmative duty to immediately notify Success Path Coach if You discover or otherwise suspect any security breaches.
By using the Services or Sites, You also consent to receive electronic communications from Success Path Coach. You agree that any notices or other communications that Success Path Coach sends to You via email shall satisfy any legal notice requirements, including, but not limited to, that such communications be in writing. You may opt-out of receiving any emails at any time by following the unsubscribe instructions provided therein.
The Sites and Services are being provided to You free of charge at the sole and exclusive discretion of Success Path Coach. At any time and for any reason, Success Path Coach may implement a payment requirement to access the Sites or Services with or without notice. Success Path Coach reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Sites or Services (or any features or parts thereof) at any time and without liability.
You agree that you shall not violate any laws while accessing or using the Sites or Services. You also agree that You shall not use the Site or Services to threaten or harass another individual or entity; use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface or otherwise affect the functionality of the Sites or Services; or attempt to circumvent any content-filtering systems used by Success Path Coach or attempt to access any feature or area of the Sites or Services that You are not authorized to access.
You acknowledge and agree that any content posted on any Sites, Services, or other platforms of Success Path Coach may be viewable by others. You agree that you are solely responsible for your own content and for your use of any interactive features and areas of the Sites. Further, you agree to never post any of the following: any content that violates the law, including libel, slander, defamation, indecent, harassing, fraudulent, or other objectionable or unlawful content; any content that contains private or personal information of a third party without such third party’s consent; any content with promotions, political campaigns, or advertisements; and any content that Success Path Coach, in its sole and exclusive discretion, deems inappropriate. Success Path Coach shall not be liable for any content published by You or any other user. Success Path Coach reserves the right to remove any and all content that it deems necessary with or without notice to You. Therefore, You are solely responsible for storing and saving any and all content You want to keep.
By uploading, posting, or submitting any content to the Sites, Services, or other platforms of Success Path Coach, You hereby grant Success Path Coach a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display Your content, in whole or in part, and your name, likeness, voice, and persona in any manner or media and for any purpose whatsoever at Success Path’s discretion.
#4 Third-Party Content
Success Path Coach reserves the right to post or display content from third parties through the Services or Sites. When this occurs, Success Path Coach makes no representations or warranties of any third-party content regarding its accuracy, completeness, or legality.
#5 Warranties, Disclaimers, and No Guarantees
You acknowledge that any information, including any resources delivered through Success Path Coach’s proprietary information and technology system, Sites, or Services will be provided by Success Path Coach as a tool to be used at your discretion. Success Path Coach will not be responsible for any action taken by You in following or declining to follow any of Success Path Coach’s advice or recommendations.
Success Path Coach disclaims all other warranties, whether express, implied, or statutory. Without limiting the foregoing, Success Path Coach makes no representation or warranty as to the accuracy or reliability projections, certifications, opinions, representations, or any other information prepared or made by Success Path Coach (collectively, the “Information”) even if derived from Success Path Coach’s intellectual capital.
Success Path Coach will not be liable for any claims of reliance on the Information or that the Information does not comply with federal, state, or local laws or regulations. Success Path Coach makes no guarantees and nothing provided may be construed as a promise or guarantee of any particular result. No guarantees are possible in matters such as this. The Services and Sites are for Your sole benefit and not any unnamed third parties unless otherwise stated herein.
Any and all testimonials are true statements, but not a guarantee of a specific outcome for You.
All Services and Sites provided by Success Path Coach are for educational and informational purposes only, and shall not be construed as legal, financial, or professional advice.
#6 Limitation of Liability
In no event will Success Path Coach be liable for incidental, consequential, punitive, indirect, or special damages, including, without limitation, any interruption or loss of business, profit, or goodwill. As a condition for the recovery of any liability, You must assert any claim against Success Path Coach within three (3) months after discovery.
#7 Governing Law, Arbitration, Witness Fees, and Injunctive Relief
- These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflicts of law’s provisions.
- The Parties agree that resolution of disputes or claims arising under these Terms shall be resolved first by good-faith participation by each of the Parties in mediation utilizing qualified mediators who are mutually agreed upon by the Parties. If the dispute is not resolved through mediation within thirty (30) days from the date that either party makes a written demand on the other party to enter into mediation, and in the absence of a mutual agreement to enter into binding arbitration with an arbitrator mutually agreed upon by the Parties, either party shall have the right to bring a judicial action to resolve the dispute through the filing of an action with the court in Maricopa County, Arizona. Unless otherwise determined by the court and/or by the arbitrator, each of which shall have the power to allocate the costs of the action or the arbitration, each party shall pay its own attorneys and court costs.
- In the event Success Path Coach is requested or authorized by You or is required by government regulation, subpoena, or other legal processes to produce documents or appear as witnesses in connection with any action, suit, or other proceeding initiated by a third-party against You or by You against a third-party, You will, so long as Success Path Coach is not a party to the proceeding in which the information is sought, reimburse Success Path Coach for its professional’s time (based on customary rates) and expenses, as well as the fees and expenses of its counsel, incurred in responding to such requests. This provision is in addition to and not in lieu of any indemnification obligations You may have under these Terms.
- Each of the Parties acknowledges that a breach or threat of a breach of any provision of these Terms by either Party will result in irreparable harm and damage to the non-breaching Party. Consequently, the non-breaching Party’s remedies at law will be inadequate and, in each such event, the non-breaching Party will be entitled to an injunction or other similar relief to prevent the breaching Party or its executives from breaching these Terms and to enforce specifically the provisions hereof, in addition to money damages sustained by the non-breaching party resulting from a breach or threatened breach of this the State of Arizona, without regard to conflicts of law’s provisions.
#8 Intellectual Property Ownership
- All trademarks, copyrights, written reports, summaries, analyses, memoranda, spreadsheets, or other tangible work products prepared by Success Path Coach in connection with the provision of Services or posted on any Sites or other platforms of Success Path Coach are owned exclusively by Success Path Coach.
- You shall not to, and will not permit others to copy, reproduce, publish, broadcast, transmit, modify, adapt, reverse engineer, disassemble, decompile, decode, create derivative works from the table and content, store, archive, publicly display or in any way commercially exploit any Success Path Coach data and content. Additionally, You shall not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Success Path Coach system table and content to any third party for any reason; or remove, delete, alter, or obscure the copyright or trademark notice from any copies of Success Path Coach’s website system table and content; or create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing, and storing any or all of the Success Path Coach table and content; or frame, harvest, or scrape the Success Path Coach table and content or otherwise access the Success Path Coach system and content for similar purposes.
#10 General Provisions.
- Waiver. The waiver by any Party of a breach or violation of any provision of these Terms will not operate or be construed as a waiver of any subsequent breach of such provision or any other provision of these Terms. No delay on the part of any party hereto in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party hereto of any right, power, or privilege hereunder operate as a waiver of any other right, power, or privilege hereunder, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power, or privilege hereunder.
- Court Jurisdiction. Subject to the above provisions herein, the Parties hereto agree that the State Courts located in the County of Maricopa, State of Arizona (“Court”) shall have exclusive jurisdiction over any legal action or other proceedings between the parties regarding these Terms (an “Action”) and the Parties hereby consent to the exercise of personal jurisdiction over them by the Court for purposes of resolving the Action.
- Severability. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstances, is held invalid, illegal, or unenforceable in any respect for any reason, the validity, legality, and enforceability of any such provision in every other respect and of the remaining provisions hereof shall not be in any way impaired or affected, it being intended that all other rights and privileges shall be enforceable to the fullest extent permitted by law.
- Indemnification by You. To the fullest extent allowed by law, You agree to defend, indemnify, and hold Success Path Coach harmless, from and against any and all losses, damages, liabilities, claims, demands, actions, judgments, costs, and legal or other expenses (including, without limitation, reasonable attorneys’ fees, costs, expert costs, and expenses subsequent to the Effective Date) incurred as a result of (i) claims by third parties relating to or arising out of facts and circumstances arising out of these Terms; or (ii) any breach of, or failure by You to perform, any of its representations, warranties, or covenants set forth in these Terms.
- Attorneys’ Fees. In any action or proceeding brought to enforce or interpret any provision of these Terms, or where any provision hereof is validly asserted as a defense, the prevailing party shall be entitled to recover actual attorneys’ fees and all other litigation costs including without limitation costs awardable pursuant to the laws of the State of Arizona and amounts payable to expert witnesses (“Costs”) in addition to any other available legal remedy. In addition to the fees and Costs recoverable under the preceding sentence, the Parties agree that the prevailing Party shall be entitled to recover actual attorneys’ fees and Costs incurred in connection with the enforcement of a judgment arising from such action or proceeding.
Success Path LLC welcomes your questions and comments regarding the Terms & Conditions. Inquiries may be submitted to firstname.lastname@example.org