Terms of Use
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Privacy Policy
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DMCA
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Terms of Use
THESE TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME (”Terms”) ARE A BINDING CONTRACT BETWEEN SUCCESS’EM CORPORATION. (”SuCCeSS’em” or “we”) AND YOU (”you”). BEFORE USING THE SUCCESSEM.COM. WEBSITE (the “Site”), PLEASE READ THESE TERMS RELATING TO YOUR USE OF THE SITE CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY AND THE SUPPLEMENTAL TERMS OF USE FOR EXPERT PARTNERSHIP PROGRAM, AND YOU AGREE TO FOLLOW THE GUIDELINES AND POLICIES THAT SUCCESS’EM MAY POST ON THE SITE OR PROVIDE TO YOU FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND NOT USE THE SITE. SUCCESS’EM MAKES THE SITE CONTENT AND INFORMATION ON THE SITE AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS. THESE TERMS APPLY TO ALL USERS, INCLUDING VISITORS TO THE SITE, AND REGISTERED MEMBERS AUTHORIZED TO POST CONTENT TO THE SITE. IF YOU WISH TO BECOME A REGISTERED USER, COMMUNICATE WITH OTHER REGISTERED USERS AND MAKE USE OF SUCCESS’EM’S SERVICES, YOU MUST READ THIS AGREEMENT AND ALSO INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
DESCRIPTION OF SITE; MINIMUM AGE REQUIREMENT
Our Site is a multi-author blog site that provides professional development and lifelong learning lessons for corporate climbers, lifelong learners and opportunity seekers. You and other users of our Site will have access to articles that are intended to provide gainful business knowledge. Many of these articles will be posted by people from around the world, and represent a diversity of perspectives, experience and approaches to issues that may be of interest to you.
In addition to being a place for you to learn, the Site is also a platform for you to share your ideas with others. In return for our display of your content for any period of time, you agree to transfer ownership of content to SuCCeSS’em. We invite you to comment on SuCCeSS’em articles, as well as submit your own articles and other content for posting. We also give you the ability to create a unique personal profile to find others who share your interests. To find out more about our Site, please go to Contact Us.
This Site is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract, and you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you. If you choose to set up an Account, your Account may be used only by you.
Modification to terms
You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes. To update the Terms, we will post both the changed version and its effective date on the Site. As such, we encourage you to check back regularly to review these Terms and any updates thereto.
Modifications to site
You may use the Site only when and as available. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your Content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us may or may not affect your SuCCeSS’em’s Expert Partnership agreement of your Original Content as stated herein.
Posting content on the site; representations and warranties
By displaying or publishing (”posting”) any content on the Site, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”), and including any Content you post through our Expert Partnership Program described in Section 6 hereof, you warrant and represent that (a) you originally own all rights of your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights of your Content to enable you to transfer to SuCCeSS’em the ownership of your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (a) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to transfer the rights to SuCCeSS’em described herein; (b) you will make such permissions available to SuCCeSS’em upon request; and (e) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of SuCCeSS’em all without the violation of any other person’s intellectual property or other rights or of any laws or regulations. You acknowledge that the Site does not have any “digital rights management” or other security technology features to restrict someone who receives Content from copying and redistributing it.
To post Content on the Site, you must first complete the Site registration process to create an account with a user name and password (the “Account”). You agree to provide accurate current and complete information during the registration process, when contributing Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be liable for any Content posted using your Account and for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable.
Ownership of rights; License rights
You agree to transfer ownership of your copyrights and other intellectual property and proprietary rights in any Content you post to the Site. You acknowledge that SuCCeSS’em may publish content and use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You acknowledge that way have the full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content. You acknowledge that the posting of your original Content for any period of time is sufficient consideration for the transfer of ownership granted herein to SuCCeSS’em. You may not remove original Content that you previously posted on the Site, unless agreed by SuCCeSS’em.
Expert Partnership Program
You may be eligible to participate in the Expert Partnership Program (”EPP”) which offers you the chance to earn lifetime royalty income when you post certain Content on the Site that meets the eligibility requirements. If you would like to participate in the EPP, please directly Contact Us.
You agree that from time to time we may, at our sole discretion, modify, suspend, add to, remove or discontinue all or any portion of the EPP, and that we will not be liable to you or to any third party for doing so. To change or update Terms, we will post the revised version and its effective date on the Site and we will automatically present such revised Terms to you during the login process (if they were revised since your last login) or email. The Terms will be effective upon your next login to the Site. By continuing to participate in the EPP after SuCCeSS’em has posted such revised Terms to the Site or otherwise provided you with any notice of them, you agree to be bound by such Terms. If such revised Terms are not acceptable to you, your only recourse is to cease participation in the EPP.
Prohibited Content
You agree not to post to the Site any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
Prohibited Conduct
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) access or use the Site or any service on the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (b) access, tamper with, or use services or areas of the Site that you are not authorized to access; (c) alter information on or obtained from the Site; (d) tamper with postings, registration information, profiles, submissions or Content of other users; (e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (f) frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by SuCCeSS’em; (g) impersonate or misrepresent your affiliation with any person or entity; (h) reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (i) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spy ware,” “aware” or other code that could adversely impact the Site or any recipient; or (j) take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
Monitoring site content
We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT SUCCESS’EM DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of SuCCeSS’em. SuCCeSS’em neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized SuCCeSS’em employees acting in their official capacities.
Protection of site content
Our Site is protected by intellectual property laws and you agree to respect them. SuCCeSS’em grants you a limited, revocable, non-transferable, non-sub licensable, non-exclusive license, under the rights SuCCeSS’em has in the Content, to privately display the Content on your computer for your own personal, noncommercial purposes, and to print a reasonable number of copies of the Content as needed for that use. SuCCeSS’em reserves all other rights in the Content, on its own behalf and the behalf of its contributors (including authors), and SuCCeSS’em does not, directly or by implication, by estoppels or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content without prior written consent from SuCCeSS’em.
Privacy Policy
Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to the Site.
Termination and Cancellation
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site. If your Account or access to the Site is terminated for any or no reason, you may no longer have access to the original Content you posted on the Site. In such event, SuCCeSS’em may continue to display such Content.
The provisions entitled “Posting Content on the Site; Representations and Warranties,” “Ownership of Rights; License Rights,” “Indemnification,” “Disclaimer of Warranties,” “Exclusion of Damages; Limitation of Liability,” and “Additional Terms” and the Privacy Policy will survive termination of these Terms.
Dealings with Merchants; Links
The Site contains advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that SuCCeSS’em is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. SuCCeSS’em’s Privacy Policy is applicable only when you are on our Site. Once you choose to link to another website, you should read and understand that website’s privacy statement before disclosing any personal information. Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, “click to purchase” and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against SuCCeSS’em and agree to hold SuCCeSS’em harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.
Indemnification
As a condition of your access to and use of the Site, you agree to hold SuCCeSS’em and SuCCeSS’em Corporation, and their subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) SuCCeSS’em’s resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) your improper authorization for SuCCeSS’em to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that SuCCeSS’em disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) SuCCeSS’em will have the right but not the obligation to resolve disputes between users relating to the Site and SuCCeSS’em resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) SuCCeSS’em’s resolution of a dispute will be final with respect to the Site.
Disclaimer of Warranties
THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM SUCCESS’EM, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT. THE SITE IS PROVIDED BY SUCCESS’EM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUCCESS’EM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. SUCCESS’EM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUCCESS’EM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF CONTENT AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
Without limiting any of the foregoing, SuCCeSS’em makes the following specific disclaimers for the following categories of information:
Investment and Financial Information: The Content located on the Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither SuCCeSS’em, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial/investment decisions based upon, nor the results obtained from, the Content on the Site.
Medical and Health Information: The Content located on the Site should not be interpreted as medical or health advice. The Content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither SuCCeSS’em, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the Content on the Site.
Legal Information: The Content located on the Site should not be interpreted as legal advice nor should it be interpreted as creating any kind of attorney-client or legal advisor relationship. You should NOT rely upon the legal information or opinions provided and you should consult with your personal legal advisor; this Site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at this Website may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions or actions you take or omissions you commit. Neither SuCCeSS’em, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your legal decisions based upon, or the results obtained from, the Content on the Site.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER SUCCESS’EM NOR SUCCESS’EM CORPORATION, NOR THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF SUCCESS’EM AND SUCCESS’EM CORPORATION, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
Copyright Infringement
SuCCeSS’em respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; identification of the copyrighted work that you claim has been infringed; identification of the material that is claimed to be infringing and information reasonably sufficient to permit SuCCeSS’em to locate the material (for example, by providing a URL to the material); your name, address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please send us an email at support@successem.com.
It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account for even one instance of infringement.
Customer Support
You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time; at our sole discretion provided that you have created an Account and that you submit your customer support inquiries using such Account.
Notices and Contact Information
Except as otherwise provided in these Terms, SuCCeSS’em will give you any notices by posting them on the Site. You authorize SuCCeSS’em to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if SuCCeSS’em decides, in its sole discretion, to do so. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. SuCCeSS’em may provide notice to any e-mail or other address that you provide during registration. You agree to keep your address current and that notice provided by SuCCeSS’em to the address that you have most recently provided will constitute effective notice. We receive many emails and not all of our employees are trained to deal with every kind of communication.
Additional Terms
Agreement to Conduct Transactions Electronically
You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
Compliance with Laws
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content by certain persons or in certain countries may not be legal.
Severance.
If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
No Assignment.
These Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of SuCCeSS’em. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of SuCCeSS’em will be null and void. SuCCeSS’em shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission. If you participate in the EPP, any money you earn for posting Content may not be assigned or transferred to, or pooled or bartered with, any third party, except with the express prior written consent of SuCCeSS’em. We reserve the right to confiscate or cancel any of your earnings under the EPP for a violation of the foregoing restriction.
Jurisdiction; Choice of Law; Export Limitations
This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and SuCCeSS’em agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County, California. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in California. You hereby consent to jurisdiction in a state or federal court sitting in San Jose, California and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law.
Limitations on Actions
Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
Paragraph Headings.
The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
Entire Agreement.
These Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms) comprise the entire agreement (the “Entire Agreement”) between you and SuCCeSS’em with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
No Waiver.
The failure of SuCCeSS’em to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or SuCCeSS’em’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
Legal Notices.
Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms.
Further Information
If you have a complaint, please send us an email to support@successem.com.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
SUCCESS’EM WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY SUCCESS’EMTO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE SUCCESS’EM PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY SUCCESS’EM, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO SUCCESS’EM COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003″) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARKS
The trademarks SuCCeSS’em and all other trademarks listed below or used in the Site are owned or used under license by SuCCeSS’em and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on this Site or in any Site content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: SuCCeSS’em Corporation. All rights reserved.
All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.
Privacy Policy
Effective Date: February 21, 2009
This Privacy and Information Security Policy (”Privacy Policy” or “this Policy”) discusses the personally identifying information (”PII” or “Information”) that we collect about you when you use the services we provide at SUCCESSEM.COM.
Who We Are? We are SuCCeSS’em Corporation (“SuCCess’em,” “SuCCeSSem.com,” “ “Site,” “we,” “us,” or “our”).
SuCCeSS’em is a multi-author blog site that provides professional development and lifelong learning lessons to corporate climbers, lifelong learners and opportunity seekers. Visitors to the Site will have access to thousands of articles on a variety of subjects. SuCCeSS’em also offers individuals with the opportunity to post content and to share their ideas with others. In the context of pursuing that business, as further described below, we may collect various types of information, including PII, from and about the individuals who either contribute Content to or visit our Site.
How does this Policy relate to my use of the Site?
This Policy is part of and incorporated into our Terms of Use, the contract between you and us that governs this Site. That means provisions of those terms impact this Policy, so if you have not read the Terms of Use, read them now by reviewing the Terms of Use section. All capitalized terms below that are not defined herein shall have the meanings ascribed to them in the Terms, and all other terms defined therein are incorporated herein by reference.
YOUR AGREEMENT WITH US IS FINALIZED BY PROVIDING PII OR OTHER INFORMATION TO US OR BY USING OUR SITE, YOU AGREE TO THIS POLICY AND THE PRACTICES DESCRIBED HEREIN AND THE TERMS OF USE.
What Personal Information about Me Does SuCCeSS’em Gather?
Information You Give Us:
We collect any information you enter on our Site or give us in any other way (such as through an email or letter). We use the information that you provide for such purposes as responding to your requests, providing our services, our business operations, the maintenance of your Account (including without limitation, the preparation, distribution and filing by third party service providers of various tax and other reporting forms on our behalf), providing you with advertising and non-advertising content that we believe would be of interest to you, and communicating with you, all as described in greater detail below.
The information that we collect varies depending upon how you are interacting with our site. Our registration forms generally require that you provide us with your name, and e-mail address, and that you are assigned a username with a password. In addition, under the Terms of Use, to post Content, you must set up an account (”Account”) by completing the Account set-up process required by the Site and providing accurate and complete information about yourself. If you choose to submit articles for the chance to earn money, you must also agree to our Supplemental Terms of Use and complete the required tax forms which ask for information that we must collect to fulfill our tax reporting responsibilities. The tax reporting information includes name (and business name, if any), address, social security number (or employer ID number, if applicable) and country of residence.
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your Account and refuse any and all current or future use of any portion thereof operated by any of our corporate affiliates.
In posting to our site, you agree not to provide PII or confidential or sensitive information relating to, or controlled by third parties unless: (1) you have obtained any required permission to do so under applicable law and, (2) for PII relating to someone other than you, you have informed the person whose data will be included that their PII will be subject to this Policy and you have obtained their consent to this Policy. You must do this even if an inability to obtain permission means that you cannot submit Content or other information. By providing information to us, you represent and warrant that you have made all required disclosures and obtained all required permissions.
We may highlight content you submit on the Site such as reviews, comments, or articles.
Please keep in mind that whenever you voluntarily provide information in public areas of the Site, such as the user profile pages or forums, that information can be viewed and possibly used by others. We therefore advise our registered users not to disclose contact information, including phone number, email address, street address or instant messenger address (within these public areas) that they do not wish to share. We are not responsible for PII you choose to submit in these forums or pages.
We also may use your PII to contact you regarding your Account, such as to inform you that content you submit has been accepted or rejected for posting, or to forward to you user comments about the Content you have posted. We may also email SuCCeSS’em messages of the day, newsletters, and similar communications about the Site.
Automatic Information:
We receive and store certain types of information whenever you interact with us and the Site. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses our sites. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser. We use persistent, identifying cookies to remember your information and to link your activities to you.
Our cookies collect at least the following:
the domain name and host from which you access the Internet and the Internet address of the site from which you direct-linked to ours; the date and time you access the Site and pages you visit; your computer’s IP address and information about its operating system, platform and the Web browser type and version you use; and information to combat fraud or misuse. In addition, our cookies may house demographic and other non-personally identifiable profile information about you. While you can take steps to warn of, block or disable cookies, if you do, the Site won’t function and/or appear as we have designed it. Nonetheless, if you want to take these steps, you can do so by following the instructions associated with your particular browser.
Some of the businesses that place advertisements and other content on our Site may use cookies on our site. If you click on an advertisement, for example, a cookie might be placed on your computer. However, we have no access to or control over these companies, their privacy policies or their cookies, and their practice and policies may change from time to time so you should read their privacy policies and decide whether they are acceptable to you.
Does SuCCeSS’em share the information it receives?
In general, we use PII to verify, evaluate, process, respond to, communicate about, investigate and enforce our rights and Content you may submit. We tend to use non-PII for purposes such as measuring the number of visitors to sections of our Site, making our Site more useful to visitors and delivering targeted advertising and non-advertising content. We use IP addresses to analyze trends, administer the site, track a user’s movement, and gather broad demographic information for aggregate use.
We do share Information, but only as described below.
Advertisers: We will share aggregated demographic information with advertisers. This is not linked to any personal information that can identify any individual person.
Service Third Parties: We contract with affiliated and non-affiliated third parties to provide specific services to us or to you on our behalf. Examples include providing marketing assistance, providing customer services, sending SuCCess’em postal mail and email to you, removing repetitive information from customer lists, the preparation, filing and distribution of tax forms, and analyzing data. These persons have access to personal information needed to perform their functions (including, without limitation, access to your social security number by tax reporting service providers).
Business Transfer: As we continue to develop our business, we might sell or buy businesses or their assets, or engage in transfers in acquisitions, mergers, restructuring, changes of control or operations or the like. In such transactions, customer information generally is one of the transferred business assets, and your Information may be subject to such a transfer. We may also share PII, non-PII and other information with our corporate affiliates. Corporate affiliates are those entities that we control, are controlled by us, or are under common control with us. Any use of your information by the other entities identified in this paragraph will be subject to the terms of this Policy or a different policy no less protective of your privacy. For example, information we share with corporate affiliates is not used by our affiliates for direct marketing purposes.
Compliance: We release account and other personal information when we believe release is appropriate to comply with law, to respond to legal process; to make disclosures under programs intended to prevent potential crimes or investigate persons; enforce or apply agreements; or protect the rights, property, or safety of SuCCeSS’em, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Subject to the terms of this Policy, We reserve the right to the following worldwide: use, access (or bar access to), process, disclose, display, share, transfer, store, sell, retain, commingle, investigate, verify, prove and otherwise deal with, voluntarily or as required by law, (collectively “Disclose”) all PII, non-PII and other information. We may Disclose the foregoing internally or to third parties or through any databases for any purpose not prohibited by this Policy or, in our discretion, to help prevent or address perceived harm, damage or loss to us or others or to respond to subpoenas, search warrants, court orders, or other legal process.
We generally will retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate records.
How secure is information about me?
It is important for you to protect against unauthorized access to your password and to your computer or other internet access device. Be sure to sign off when finished using a shared computer. Your e-mails to us are not necessarily secure against interception so do not include sensitive information in them - we generally will not ask for passwords or the like in an email and you should assume that if you get such a request, it might be fraudulent.
You agree not to enter information on the Site if you (or anyone else whose information you enter) desire a higher level of security than we describe in this Policy or if you have not obtained any appropriate consents.
We will do our best to put in place physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use the information we collect from you. HOWEVER, WE DO NOT GUARANTEE SECURITY. Neither people nor security systems are foolproof, including encryption systems, and people can commit intentional crimes, make mistakes or fail to follow policies. YOU ASSUME THE RISK OF ANY INADEQUACY OR FAILURE OF SECURITY AND AGREE TO DO WHAT YOU REASONABLY CAN TO PROMOTE SECURITY. If applicable law imposes any non-disclaimable duty (if any), you agree that the standard used to measure our compliance with that duty will be one of intentional misconduct.
Links
Sites made available by SuCCeSS’em contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every web site that may collect their personally identifiable information. This privacy statement applies solely to information collected by this Site.
Choice
If you are not comfortable with this Privacy Policy, our Terms of Use, or the Disclosures, please do not provide us with PII or other information or Content or otherwise use the Site.
We reserve the right to send you customary business communications (i.e. acceptance/rejection notices regarding content submissions, general system and administrative messages, address confirmations, transactional information about your Account, etc.) without offering you the opportunity to opt-out of receiving them. However, we provide you with the opportunity to elect not to receive other types of communications, such as the SuCCeSS’em of the day messages. If you want to update your email address or stop receiving our SuCCeSS’em of the day messages, you may opt out these messages by following the unsubscribe link at the bottom of the email, or visiting your profile page on the Site.
Access
Information relating to our programs is not necessarily maintained in a retrievable form. However, you may make changes, corrections or updates to some PII provided through this Site which we use for communications with you, by your profile page on the SuCCeSS’em’s admin website. We may keep a record of all information that is changed (including deletions) and disclose it for any lawful purpose. We may determine what may be changed (e.g., if we are required to keep track of certain kinds of transactions, you may not change relevant information).
Conditions of Use, Notices, and Revisions
If you choose to visit SuCCeSS’em, your visit and any dispute over privacy is subject to this Policy and our Terms of Use, including limitations on damages and application of the law of the State of California. If you have any concern about privacy at SuCCeSS’em, please send us an email to support@successem.com. and we will try to resolve it. Our business changes constantly. This Privacy Policy and the Terms of Use will change also, and use of information that we gather now is subject to the Privacy Policy in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Site frequently to see recent changes.
Your Consent to Email Notice: We generally do not send “commercial e-mails” (e.g., e-mails whose primary purpose is to advertise a product or service); if we do, we will provide any “opt-out” choice required by applicable law. We reserve the right to communicate with you about any subject matter of the Terms or any other subject matter not prohibited by law.
If we are required to disclose or provide notice of invasion of certain security systems, we will do so when required by posting notice on our Site or, in our discretion, by giving it to any email address provided to us by you at the time that you registered.
Identity Theft: If you believe that you are a victim of identity theft entitled by law to request information from us, write us at our Legal Notice address (see the “Legal Notices” section of the Terms or the next section of this Privacy Policy) and we will let you know what additional information you must provide to us. After we have received that information, we will supply without charge the information legally required to be disclosed that we then have, subject to applicable law and reserving all of our rights and defenses.
Contact Information and Information about enforcement of our policy:
Contacting Us & Our Address for Legal Notices; Notices to You: For customer service matters (including questions relating to this Privacy Policy and the Terms of Use), please send an email to support@successem.com. When we need to contact you, including when we give a legal notice, you agree that we may do so to a postal or email address that we have on file for you and/or may post notice on the Site. It is important for you to update your address information periodically.
This Policy is part of the Terms of Use. If there is an inconsistency between the Terms of Use and this Policy, the latest version of this Policy shall control. As a contract, we and you are bound by this Policy. If you think we are in default, you may contact us noted above.
SuCCeSS’em is a trademark or registered trademark of SuCCeSS’em Corporation in the United States and/or other countries.
Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act — the text of which can be found at the U.S. Copyright Office — and other applicable intellectual property laws. It is our policy to (1) block access or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If we remove or disable access to comply with the Digital Millennium Copyright Act we will make a good-faith attempt to contact the owner, author, or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
The address of SuCCeSS’em Designated Agent to Receive Notification of Claimed Infringement (Designated Agent) is listed at the end of this policy:
Infringement Notification
If you believe that material or content residing on or accessible through our website or service infringes a copyright, please send a notice of infringement by providing a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below.
To expedite our ability to process your request, please use the following format (including section numbers):
Identify in sufficient detail the copyrighted work that you believe has been infringed.
For example, “The copyrighted work at issue is the excerpted text that appears on your pages.”
Identify the material that you claim is infringing the copyrighted work listed in item #1 above, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
You must identify each search result that directly links to a web page that allegedly contains infringing material. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.
Provide information reasonably sufficient to permit SuCCeSS’em to contact you, including address, telephone number and, if available, email address.
Provide information, if possible, sufficient to permit SuCCeSS’em to notify the owner/author/administrator of the web page that allegedly contains infringing material (email address is preferred).
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Digital Signature with contact information.
Send the electronic communication to the Designated Agent.
Once proper bonafide infringement notification is received by the Designated Agent, it is our policy: (1) to remove or disable access to the infringing material; (2) to notify the content provider, member or user that we have removed or disabled access to the material; and (3) that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to our service.
Counter Notification
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter notification pursuant to sections 512(g) (2) and (3) of the Digital Millennium Copyright Act.
To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
Identify the specific URLs at which material appeared before SuCCeSS’em removed or disabled access to such material, and identification of the material that SuCCeSS’em removed or to which SuCCeSS’em has disabled access.
Provide your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification of the alleged infringement.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign the paper.
Send the written communication to the Designated Agent
If a counter-notice is received by the Designated Agent, SuCCeSS’em may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at SuCCeSS’em’s discretion.
Designated Agent to Receive Notification of Claimed Infringement:
SuCCeSS’em Corporation
