Terms and Conditions

General Use

1 – Your Use of this Website

By using our website, submit any material to our website, or use any of our website services you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not become a Member or have a Professional Association with Spirit of Success, LLC or Spirit of Business Success (hereafter referred to as the Facilitator).  When you become a Member of this website or join as a Professional with a presence on our website, use any material on our website, hire professionals associated with this website, or purchase products associated with this website you expressly agree to these terms and conditions.

You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2 – Credit

This document was created using information obtained from SEQ Legal (http://www.seqlegal.com),

3 – Copyright Notice

Copyright © 2014 Spirit of Success, LLC.  The Facilitator owns and controls all copyright and intellectual property rights for its own material.  Professionals retain all copy rights and intellectual property rights for their material.  Unless agreed in writing otherwise, all material produced by a Professional is credited to that Professional.  Any material produced in conjunction with the Facilitator is credited to both Spirit of Success, LLC and the co-creating Professional(s), unless otherwise specified in writing.  All parties retain copy rights and intellectual property rights.  All parties receive profit, royalties, and subsidiary income per the written agreement.  The Facilitator agrees to keep all confidential information provided by Members and Professional strictly private.  The Facilitator will not disclose confidential information to third party persons without prior written approval or as required by law.

4 – License to use Website

You may view pages from our website in a web browser, download pages from our website for caching in a web browser, print pages from our website, stream audio and video files from our website, and use our website services by means of a web browser – subject to the other provisions of these terms and conditions.

Except as expressly permitted by the provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.  You may only use our website for your own personal or business purposes.  You must not use our website for any other purposes.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

  • republish material from our website (including republication on another website);
  • sell, rent or sub-license material from our website;
  • show any material from our website in public;
  • exploit material from our website for a commercial purpose;
  • or redistribute material from our website.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5 – Acceptable Use

You must not:

  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; use our 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;
  • conduct any systematic or automated data collection activities including, without limitation, scraping, data mining, data extraction and data harvesting, on or in relation to our website without our express written consent;
  • access or otherwise interact with our website using any robot, spider or other automated means;
  • use data collected from our website for any direct marketing activity including, without limitation, email marketing, SMS marketing, telemarketing and direct mailing.

You must not use data collected from our website to contact individuals, companies or other persons or entities other than professionals associated with Spirit of Business Success who have authorized links on the website.

You must ensure that all the information you supply to us through our website, or in relation to our website, is accurate, current, and non-misleading.

Membership

6 – Registration and Membership

To be eligible for membership on our website you must be at least 18 years of age.

You may register for an account with our website by completing and submitting the account registration form on our website.

You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorised use of your account.  You must not use any other person’s account to access the website.

If you register for an account with our website, you will be asked to choose a password.  You must not use your account or user ID for or in connection with the impersonation of any person.

You must keep your password confidential.  You must notify us in writing immediately if you become aware of any disclosure of your password.  You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7 – Professional Associations

Professionals associated with the Facilitator are independent of the Facilitator.  If you choose to work with any of the professionals associated with the Facilitator, that relationship is independent of the Facilitator.  We shall not be liable for any loss in connection with recommendations or other action taken based on your work with these professionals.

8 – Information Limitations

Materials on this website not represented to be anything other than samples and may not be suitable for your particular business need.  The materials on this website should in no way be considered legal or accounting advice and should not replace consultation with your attorney, accountant, or other certified professional.  Members and Professionals associated with this website agree that their own personal attorney, accountant, or other professionals are responsible for providing legal, accounting, or other advice, opinions, determinations, and documents.

9 – Cancellation and Suspension

We may:

  • Suspend your subscription;
  • Cancel your subscription; and/or
  • Edit your subscription details

At any time in our sole discretion without notice or explanation.  We will discontinue all future payments.

You may cancel your subscription on our website.  You must send a written notice of cancellation prior to 7 business days preceding your next automatic payment.  If the notice is received during the 7 business days preceding your next automatic payment, we cannot guarantee the automatic payment will stop prior to your next payment.  If this is the case, we will send you a reimbursement check and ensure all future payments are stopped.  No reimbursements will be given for notices of cancellation received after payment has been made.

Professional Association

10 – Registration and Association

Professional association is offered by invitation only and lasts for one year.  At the end of the year the invitation to remain a professional may be reoffered or not, at the sole discretion of Spirit of Success, LLC.  The terms of the sections for Members, Section 6, 7 and 8, also apply to Professionals associated with our website.

11 – Professional Code of Conduct

Professionals associated with the Facilitator agree to abide by our Code of Conduct  https://spiritofbusinesssuccess.com/0380-code-of-conduct/

Failure to maintain the standards outlined in our Code of Conduct may result in suspension, cancellation, or modification of your subscription.  Negative publicity may also result in suspension, cancellation, or modification of your subscription.

12 – Responsibilities of Professionals

The Professional agrees to:

  • Provide the Facilitator with any changes to their contact information
  • Inform the Facilitator if the authorities are bringing charges against the Professional, or an employee or partner of the professional, for a non-driving offense, or if there is a potential for negative publicity.
  • Provide the Facilitator with any changes to the Professional’s business that pertain to information on the Spirit of Success website.
  • Promptly inform the Facilitator of any changes that take place in the Professional’s ability to meet any obligations posted on the Spirit of Success website while the Facilitator is fulfilling this contract.
  • Listen to new collaborative ideas that might impact the Professional’s business.

13 – Certification of Content

The Professional attests that all content, both written and spoken, offered through the Facilitator is original and that the Professional owns all rights to the content.  For items that are sold through the facilitator only, the Professional further certifies that all Professional content offered for sale through the Facilitator is not offered elsewhere without cost or at a greatly reduced cost.  Exemption is made for limited exceptions to normal pricing in accordance with Professional altruism policies.

14 – Content License

In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and publish your content on and in relation to this website and any successor website.

You grant to us the right to sub-license the rights licensed under this Section.

You grant to us the right to bring an action for infringement of the rights licensed under this Section.

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

15 – Content Rules

You warrant and represent that your content will not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not

  • be libelous or maliciously false;
  • be obscene or indecent;
  • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • infringe any right of confidence, right of privacy or right under data protection legislation;
  • constitute negligent advice or contain any negligent statement;
  • constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
  • be in contempt of any court, or in breach of any court order;
  • be in breach of racial or religious hatred or discrimination legislation;
  • be blasphemous;
  • be in breach of official secrets legislation;
  • be in breach of any contractual obligation owed to any person;
  • depict violence;
  • be pornographic, lewd, suggestive or sexually explicit;
  • be untrue, false, inaccurate or misleading;
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • constitute spam;
  • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  • cause annoyance, inconvenience or needless anxiety to any person.

Conditions

16 – Joint Obligations

If a Member or Professional enters into this agreement jointly or in a custodial, fiduciary, corporate, or other representative capacity, the Facilitator will fulfill the obligations under this agreement by acting on information, instructions and consultation with any person duly authorized under the terms of this contract.  Any such instructions will be followed until written notice to the contrary is received by any of the duly authorized individuals.

17 – Non-Exclusive Contract

The Facilitator may act as Facilitator to other Members or Professionals and nothing in this agreement shall restrict the Facilitator’s right to render services to those Members or Professionals.  The Facilitator will give advice, and take action, with respect to any of his other Professionals that may differ from the advice given to this Professional.

18 – Limited Warranties

We do not warrant or represent:

  • The completeness or accuracy of the information published on our website;
  • That the material on the website is up to date; or
  • That the website or any service on the website will remain available.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.  You, at all times, retain the right and responsibility to elect unilaterally whether or not to use completely or in part any information found in this website.   You retain absolute discretion over all implementation decisions.

19 – Limitations and Exclusions of Liability

The Facilitator cannot guarantee nor predict any quantity of product or results from use of information on this website.  It is understood that the Facilitator shall act in good faith.  The Facilitator shall not be liable for any loss in connection with mistakes or other action taken due to errors of judgment, including action taken or omitted prior to a written notice of termination.  The Facilitator shall not be responsible for any loss incurred by reason of any act or omission of a Professional associated with this website.  Nothing in these terms and conditions will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:

  • are subject to the listed exceptions;
  • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

20 – Breaches of Terms and Conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  • send you one or more formal warnings;
  • temporarily suspend your access to our website;
  • permanently prohibit you from accessing our website;
  • block computers using your IP address from accessing our website;
  • contact any or all of your internet service providers and request that they block your access to our website;
  • commence legal action against you, whether for breach of contract or otherwise; and/or
  • suspend or delete your membership on our website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including, without limitation, creating and/or using a different account.

21 – Variation

We may revise these terms and conditions from time to time.  We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

22 – Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

23 – Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

24 – Third Party Rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

25 – Entire Agreement

Subject to Section 10, these terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

26 – Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the Wisconsin laws.  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the State of Wisconsin, U.S.A.

Other Information

27 – Statutory and Regulatory Disclosures

We subscribe to a code of conduct, which can be consulted electronically at https://spiritofbusinesssuccess.com/0380-code-of-conduct/

28 – Our Details

This website is owned and operated by Spirit of Success, LLC. We are registered with the State of Wisconsin. Our registered office is 838 MoonBeam West, Suite 2 Hudson, WI 54016 U.S.A. Our principal place of business is online. You can contact us using the postal address given or via our website contact form http://wp.me/P6bib7-1cp