Terms of Service

The following terms and conditions (“Terms”) govern all access and use of TheSuccessCreator.com (“Website”, “Site”, “Platform”), all content, services, and products available at or through the website, and all orders and purchases, whether you and/or your business (“You”) place your orders or access the provided service or products through the website, by telephone, or any other accepted methods of purchase and/or delivery of services or products.

Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time by The Success Creator (collectively, the “Agreement”). You agree that The Success Creator (“We”, “Us”, “Our”) may automatically upgrade or extend our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by The Success Creator, acceptance is expressly limited to these Terms.

By using our website, platform and services, you are affirming that you are at least 18 years old or the legal age of majority and have the legal capacity to enter into a binding contract with us, and read, understand and agree to these terms. If you are younger than this, you may not register for or use our Services.

Use of our Services requires a TheSuccessCreator.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

Your TheSuccessCreator.com Account and Platform

If you purchase a subscription to the The Success Creator Platform, you are provided a revocable, limited, non-subleaseable and non-transferable license to use the Platform.

You are responsible for maintaining the security of your account and platform, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your platform. You must immediately notify The Success Creator (contact us) of any unauthorized uses of your platform, your account, or any other breaches of security. The Success Creator will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you operate a The Success Creator Platform, blog, comment on a blog, post material to TheSuccessCreator.com, post links on TheSuccessCreator.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code.

You agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or use of the Platform including, but not limited to:

The Success Creator has the right (though not the obligation) to, in The Success Creator’s sole discretion, (i) reclaim your username or platform URL due to prolonged inactivity, (ii) refuse or remove any content that, in The Success Creator’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of TheSuccessCreator.com to any individual or entity for any reason. The Success Creator will have no obligation to provide a refund of any amounts previously paid.

Your Platform’s eCommerce Activities

If you are selling products or services on our platform, or process any kind of payments for any reason, you are solely responsible for all of your ecommerce activities, including your store, your items, its operation, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:

You cannot use our platform to sell any products or services that are prohibited, fraudulent, abusive, hazardous, or illegal. For example, you may not sell (or facilitate the sale of) any of the following in (or through) your store:

Responsibility of Visitors

We have not reviewed, and cannot review, all of the material (such as computer software, items for sale, or content) posted to our Services by users or anyone else (“Site Materials”), and are not responsible for any Site Materials’ content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use, purchase or downloading of Site Materials. If you access or use any Site Materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights, (see section 9 below to submit copyright complaints) and other proprietary rights, of third parties. Any Site Materials offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Site Materials. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Last thing: Please note that additional terms and conditions may apply to the downloading, copying, purchase, or use of Site Materials.

Fees, Payment, and Renewal

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which TheSuccessCreator.com links, and that link to TheSuccessCreator.com. The Success Creator does not have any control over those external websites, and is not responsible for their contents or their use. By linking to an external website, The Success Creator does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Success Creator disclaims any responsibility for any harm resulting from your use of external websites and web pages.

Third Party Services

You may choose to use services, products, software, or applications developed or offered by a third party (“Third Party Services”) on your platform.

If you use any Third Party Services, you understand that:

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or platform.

Copyright Infringement and DMCA Policy

As The Success Creator asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TheSuccessCreator.com violates your copyright, you are encouraged to notify The Success Creator in accordance with The Success Creator’s Digital Millennium Copyright Act (“DMCA”) Policy. The Success Creator will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Success Creator will terminate a user’s access to and use of the platform if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Success Creator or others. In the case of such termination, The Success Creator will have no obligation to provide a refund of any amounts previously paid to The Success Creator.

Intellectual Property

All aspects of The Success Creator and TheSuccessCreator.com are protected by U.S. and international copyright, trademark, and other intellectual property laws, including but not limited to all content, information, design elements, text material, logos, images, videos, and any other material and data. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever.

Content You Post or Submit

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions.

Additionally, The Success Creator reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. The Success Creator shall be under no obligation to use any or any part of any testimonial or product review submitted.

Reviews and Testimonials

We love to hear from customers and users about their experience with our platform, programs, products and services. The Success Creator may use testimonials and reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity related to The Success Creator’s services or products, in online or offline media, as The Success Creator determines in its sole discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products.

Disclaimer – Your Personal and Your Business’ Individual Results

Every business is different, choosing different business models, strategic approaches and organizational structures, offering different products and services, and employing different people with different personalities, skill level and experience to manage and operate the business. Therefore, your business’ individual results will vary depending on a variety of factors unique to your business.

The Success Creator does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that The Success Creator offers a business marketing and sales platform, training, tools and support, however, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business.

Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. You should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. We reserve the right, at our sole discretion, to change, replace or update any part of the Agreement. It is your responsibility to check our website periodically for changes. You can review at any time the most updated version of the terms at TheSuccessCreator.com/terms-of-service. Your continued use of and/or access to our Website, products and services following the posting of changes to the Agreement constitutes acceptance of those changes, and will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

Termination

The Success Creator may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Platform and Services are provided “as is” and “as available”. The Success Creator and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Success Creator nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk. We make no, and expressly disclaim any and all, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of any part of this website or its content. We do not represent or warrant, and expressly disclaim that: (a) the use of the website or any software will be secure, timely, uninterrupted or error-free, or operate in combination with any other hardware, software, system or data, (b) the website, software, or services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, software, information, or other material purchased or obtained by you through the website will meet your requirements or expectations, (e) errors or defects in the website will be corrected, or (f) the website or the server(s) that make the website available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

Limitation of Liability

Except where otherwise inapplicable or prohibited by law, in no event will The Success Creator, or its officers, directors, shareholders, employees, members, independent contractors, agents, subsidiaries, parent companies, affiliates, licensors, and suppliers , be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs or claims arising from or related to this agreement, the privacy policy, the services or products, your or a third party’s use or attempted use of the website or any software, service, or product, regardless of whether The Success Creator has had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise. In no event shall The Success Creator be liable to you or your business for any amounts that exceed the fees paid by you to The Success Creator under this Agreement during the three (3) month period prior to the cause of action. The Success Creator shall have no liability for any failure or delay due to matters beyond their reasonable control.

(18) Indemnification

You agree to defend, indemnify and hold harmless The Success Creator, its officers, directors, shareholders, employees, members, independent contractors, agents, subsidiaries, parent companies, affiliates, licensors, and suppliers from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to (i) your use of our Website, Platform, Products or Services, (ii) your violation of this Agreement, (iii) your violation of the law (iv) your violation of the rights of others.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Miami-Dade County, Florida.

Arbitration Agreement and Trial & Class Action Waiver

Except where prohibited by law, You and Your Business (“you”) agree that any claim that you may have in the future must be resolved through a final and binding confidential arbitration. You agree that you may only bring a claim in an individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding, and further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding. You acknowledge and agree that you are waiving the right to a trial and the right to pursue any class or other representative action against The Success Creator.

If you have a dispute you agree to first contact us at team@thesuccesscreator.com to resolve it informally. Any issue that cannot be resolved through such an informal process within 90 days may be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures. If informal negotiations fail to resolve the issue and arbitration is chosen, the arbitration must be brought and filed within 12 months after the disputed issue initially started. We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in Sections 17 and 18 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Miami-Dade County, Florida, and the arbitrator chosen by agreement of the parties or, if they do not agree, selected in accordance with Rules of the AAA.

The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles, and shall have the exclusive and sole authority to determine whether any dispute is arbitrable and resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of this Agreement. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. Each parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any documents, attorneys, witnesses and experts. Any award shall be final (subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended) and include a confidential written opinion. Judgment on the award may be entered in any court having jurisdiction thereof.

This provision survives termination of your account or relationship with The Success Creator, bankruptcy, assignment, or transfer.

(17) Additional Remedies

In the event of any breach or threatened breach of this Agreement by you, or your infringement or threatened infringement the intellectual property of The Success Creator or a third-party, The Success Creator shall be entitled to seek a restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Miami-Dade County, Florida, and nothing in this Agreement shall be construed as prohibiting The Success Creator from pursuing in court other remedies, including but not limited to monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Miami-Dade County, Florida for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

General Representation and Warranty

You represent and warrant that your purchases, access to, and use of our Website, Products and/or Services:

If you use our Website, Services or Products, and/or conduct any transaction or communication with us as a business, you represent and warrant that you have the full legal authorization and right to act on behalf of and bind the business.

You represent and warrant that you have read this Agreement, understand it, and accept it in its entirety.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserves the right to terminate accounts or access of those in the event of a breach of this condition.

Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Assignment

The Success Creator may assign its rights under this Agreement at any time, without notice to you. You can not assign your rights under this Agreement without an express written consent of The Success Creator or its successors. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Severability

If any part of this Agreement is held invalid or unenforceable by the arbitrator or (if applicable) a court of competent jurisdiction, that part may be construed or altered to make such part enforceable and consistent with the remainder of the Agreement, and the remaining parts will not be affected in shall remain in full force and effect.

Waiver

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Entire Agreement

This Agreement constitutes the entire agreement between The Success Creator and you concerning the subject matter hereof, supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and The Success Creator, and may only be modified by a written amendment signed by an authorized executive of The Success Creator, or by The Success Creator posting a revised version to this Agreement at TheSuccessCreator.com/terms-of-service. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

Contact

You may contact us any time at team@thesuccesscreator.com