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Subscriber Agreement
April 4, 2009
Subscriber
Agreement
The Web site located at http//succesunplugged.com ("Site") is
provided by SuccesUnPlugged.com. Your access to and use of the
Site is governed by this Subscriber Agreement ("Agreement"). As
used in this Agreement, "SuccesUnPlugged.com," "we," "us'" or
"our" refers to SuccesUnPlugged.com, and "you" or "your" refers
to you, the user of the Site. The Agreement below is the
agreement you consented to upon subscribing to the site. The
Agreement does not apply to use of the publicly available Web
Site maintained by SuccesUnPlugged.com.
1. Access and Passwords
As part of the subscription process for this Site, you have
selected or been assigned a particular username and password in
accordance with SuccesUnPlugged.com's username and password
guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED
TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU
AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR
USERNAME OR PASSWORD. You agree that all actions taken by you,
or any other user that accesses the Site using your username
and password, at or through the Site will be attributed to and
legally bind you, even with respect to acts for which the user
had no actual authority or made an error. You assume all
resulting liability from use of the Site and any services
available on it by you or others using your username or
password. If you lose your username or password, please contact
us at: http://support.successunplugged.com.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on our
site. Your subscription will continue and renew automatically,
unless terminated by SuccesUnPlugged.comor until you notify
SuccesUnPlugged.com by email or as designated on the Site of
your decision to terminate your subscription. If there are any
annual, monthly, or similar periodic fees for your
subscription, these fees will be billed automatically to the
credit card designated during the registration process for the
Site or subsequently designated by you to SuccesUnPlugged.com,
at the start of the annual, monthly, or similar period, and at
the start of each renewal period, unless you terminate your
subscription before the relevant period begins. You agree to
pay or have paid all fees and charges incurred in connection
with your username and password for the Site (including any
applicable taxes) at the rates in effect when the charges were
incurred. All fees and charges are nonrefundable.
SuccesUnPlugged.com may change the fees and charges then in
effect, or add new fees or charges, by giving you notice in
advance. All fees and charges incurred in connection with your
SuccesUnPlugged.com username and password will be billed to the
credit card designated during the registration process for the
Site or subsequently designated by you to SuccesUnPlugged.com.
If you want to designate a different card or there is a change
in credit card validity or expiration date, or if you believe
someone has accessed the Site using your username and password
without your authorization, you may email us at http://support.successunplugged.com.
You are also responsible for any fees or charges incurred to
access the Site through an Internet service provider or other
third party service. YOU, AND NOT SuccesUnPlugged.com, ARE
RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD
BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms
are incorporated herein by this reference. Please read it now
at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups,
forums, and/or other message or communication facilities
("Communication Services") designed to enable you to
communicate with others. You agree to use the Communication
Services only to submit or post messages and material that are
proper and, when applicable, related to the particular
Communication Service. You are also prohibited from submitting
to, posting or transmitting through SuccesUnPlugged.com any
unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any applicable local,
state, national, or international law. Content that consists of
or contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of
"spam" is prohibited. You may not use a false email or postal
address, impersonate any person or entity, or otherwise mislead
as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other
information that constitutes part of the content expressed or
made available by third parties are those of the respective
authors or distributors and not of SuccesUnPlugged.com nor its
affiliates, not any of their officers, directors, employees, or
agents. You acknowledge that SuccesUnPlugged.com does not
prescreen all content, but that SuccesUnPlugged.com and its
designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any content that is
made available via the Communication Services. Without limiting
the foregoing, SuccesUnPlugged.com and its designees shall have
the right to remove any content that violates this Agreement or
is otherwise objectionable. You specifically agree that
SuccesUnPlugged.com is not responsible for any content sent
using and/or included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of
SuccesUnPlugged.com (or material that other suppliers have
licensed to SuccesUnPlugged.com for their use) which is
protected by copyright and other laws respecting proprietary
rights. SuccesUnPlugged.com retains all rights in the material
and media, including (without limitation) all copyright and
other proprietary rights worldwide in all media. You may not
use SuccesUnPlugged.com except as expressly permitted under
this Agreement and under U.S. copyright laws. Any routine
and/or systematic redistribution of any portion of the products
licensed herein is expressly prohibited.
End users who are duly authorized may Access
SuccesUnPlugged.com for individual use, i.e., may view the
information on screen; may download small portions of the
information to a computer disk for personal convenience and
later reference; and may print paper copies of small portions
for personal use only.
The rights granted here are an expansion of the rights granted
under the Copyright Act and do not include any rights to
reproduce in its entirety any portion of the information or
materials contained therein. No part of the information may be
duplicated in any medium or format beyond the express terms of
this Agreement without prior written authorization from
SuccesUnPlugged.com. Any use not authorized by the Agreement is
prohibited and is not a fair use under the U.S. copyright
law.
You acknowledge that the information (and the licensed
materials contained therein) is highly proprietary in nature
and that unauthorized copying, transfer or use may cause
SuccesUnPlugged.com and/or SuccesUnPlugged.com’s suppliers
irreparable injury that cannot be adequately compensated for by
means of monetary damages. You agree that any breach of this
provision by you, or any subscriber or end-user, may be
enforced by SuccesUnPlugged.com, and/or any of
SuccesUnPlugged.com’s suppliers, by means of equitable relief
(including, but not limited to, injunctive relief) in addition
to any other available rights and remedies.
You agree that any supplier of any portion of the licensed
materials may enforce its rights against you, even though that
supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce, publish,
distribute, sell, or otherwise access or use any material
retrieved from or contained in or on this Site in any manner
whatsoever that may infringe any copyright or proprietary
interest of SuccesUnPlugged.com; distribute the information
contained in and/on this Site to other users not duly
authorized to Access the Site; distribute, rent, sublicense,
lease, transfer or assign the information or Agreement;
decompile, disassemble, or otherwise reverse-engineer this Site
or information contained in or on this Site or any software
contained therein, or alter, translate, modify, or adapt it to
create derivative works. Unauthorized reproduction, transfer,
and/or use may be a violation of criminal as well as civil
law.
You are expressly prohibited from placing or installing any
portion of the information on any electronic media, including,
but not limited to, local or wide area networks, timesharing
services, multiple processing units, multiple site
arrangements, service or software rental bureaus, list servers,
online services, electronic bulletin boards or forums, World
Wide Web sites or any other server that is Internet-enabled,
without written authorization by SuccesUnPlugged.com.
If you breach any provision of this Agreement,
SuccesUnPlugged.com may immediately terminate this Agreement
and all licenses granted hereunder without prior notice and in
addition to any other available rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not
limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or
other applications that are capable of copying large portions
of content from the Site. SuccesUnPlugged.com can detect the
use of these systems through live log file analysis and will
ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without
following the robot guidelines (found at
http://info.webcrawler.com/mak/projects/robots.html). We are
able to detect robots violating the guidelines and we will ban
any offenders. If you are using a robot/crawler to check
SuccesUnPlugged.com links, it must operate according to the
robot guidelines (see above). Do not leave new robots
unattended and allow a minimum of 1 minute between automated
requests.
c. Use any device, software or routine or the like to interfere
or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or
disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes
not relating specifically to the Site;
f. Access the Site by any means other than through the
interface that is provided by SuccesUnPlugged.com, or attempt
or access any area of the Site to which your access is not
authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to
discover any source code relating the Site, except to the
extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content
compiled by SuccesUnPlugged.com. While we use commercially
reasonable efforts to provide accurate information,
SuccesUnPlugged.com gives no warranty as to the accuracy of the
database and other content on the Site. SuccesUnPlugged.com
reserves the right to withdraw or delete information or content
from the Site at any time.
8. Links to Third Party Sites
SuccesUnPlugged.com does not endorse the content on any
third-party Web site, including Web sites of
SuccesUnPlugged.com's affiliates ("Third-Party Sites").
SuccesUnPlugged.com is not responsible for the content of
Third-Party Sites that you reach through links on the Site,
sites framed within the Site, or third-party advertisements on
the Site, and we do not make any representations regarding
their content or accuracy. Your use of Third-Party Sites is at
your own risk and subject to the terms and conditions of use
for such sites. Any transaction that you conduct at a
Third-Party site will be between you and the party providing
that Web site. This means that SuccesUnPlugged.com is not your
agent and is not a party to any transaction at a Third-Party
Site.
9. Representations and Warranties
You represent and warrant to SuccesUnPlugged.com that: (a) you
possess the legal right and ability to enter into this
Agreement; (b) all information submitted by you to the Site is
true and accurate; (c) you will be responsible for all use of
your username and password even if such use was conducted
without your authority or permission; (d) you are at least 18
years old; and (e) you will not use the Site for any purpose
that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND
WITHIN THIS SITE BY SuccesUnPlugged.com AND ITS AFFILIATES ARE
PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF
ANY KIND, AND SuccesUnPlugged.com AND ITS AFFILIATES HEREBY
DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANT
ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON
INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, SuccesUnPlugged.com DOES NOT MAKE ANY
WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE
SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW
CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c)
TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY;
(e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES
AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH CANADIAN FEDERAL
OR PROVINCE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES
CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF
PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL SuccesUnPlugged.com OR ANY OF ITS AFFILIATES
BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR
SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR
UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE
EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF
WARRANTY, AND EVEN IF SuccesUnPlugged.com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL SuccesUnPlugged.com OR ANY OF ITS
AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN
EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY
SuccesUnPlugged.com FROM YOU FOR ACCESS TO THE SITE AND ANY OF
THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO
YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our
attorney's fees and costs, if we become liable for or incur any
damages in connection with your breach of this Agreement. You
may not settle any dispute without our prior consent, which may
only be given in a non-electronic writing signed by an
authorized representative of SuccesUnPlugged.com.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site
may, at our option, be conducted electronically, including any
that we are otherwise required to provide in "writing". For
example, we may send you notices via postings at the Site or
via email to any email address that you provide to us during
registration as a Site member. If you do not wish to deal with
us electronically, you should not use the Site or enter into
this Agreement. If applicable law now or later requires us to
communicate with you non-electronically, we reserve the right
to charge a fee for doing so. Notice will be deemed given 24
hours after the email is sent, unless (for email) we are
notified that the email address is invalid. Alternatively, we
may give you notice by mail to the address provided during
registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement
(and any amendment from time to time) and retain it in your
records. You also agree to make a copy of any other information
that we deliver to you in writing.
16. Termination
SuccesUnPlugged.com may terminate your subscription and/or
access, or suspend access to all or part of the Site, without
notice, for any conduct that SuccesUnPlugged.com, in its sole
discretion, believes is in violation of this Agreement, any
applicable law, or any act which is harmful to the interests of
another user, service provider, or SuccesUnPlugged.com.
SuccesUnPlugged.com may also elect not to renew your
subscription and access by providing a notice of non renewal
prior to the end of your current subscription term. Applicable
sections of this agreement will survive any termination or
expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement
without the consent of an authorized representative of
SuccesUnPlugged.com in a non-electronic record, and any
assignment without SuccesUnPlugged.com's consent will be
voidable at SuccesUnPlugged.com's option. This Agreement will
inure to the benefit of and bind the parties' respective
successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the Province of
Ontario Canada, without regard to principles of conflict of
laws.
To the extent you have in any manner violated or threatened to
violate SuccesUnPlugged.com and/or its affiliates' intellectual
property rights, SuccesUnPlugged.com and/or its affiliates may
seek injunctive or other appropriate relief in any province or
federal court in the Province of Ontario Canada, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try
to resolve it with the help of a mutually agreed-upon mediator
in the following location: Ottawa, Ontario Canada. Any costs
and fees other than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: http://support.successunplugged.com,
under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
19. Amendments
SuccesUnPlugged.com may change the provisions of this
Agreement. When SuccesUnPlugged.com changes the terms of this
Agreement, SuccesUnPlugged.com will notify you by email or
online postings on this Site. The changes will also appear in
this document, which you can access any time. You already
agreed to be bound by the changes when you first subscribed to
the site. If you do not agree to be bound by the changes, you
should not use the Site again and you should cancel your
subscription to the Site. Even if you have not clicked on the
"I Agree" button or checked the I agree box when subscribing,
if you use the Site after you have been notified of a change to
this Agreement, you are agreeing now to be bound by that
change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by
reference) is the entire agreement between the parties for its
subject matter and supercedes all prior and contemporaneous
communications between the parties. No term of this Agreement
may be waived by SuccesUnPlugged.com except in a signed,
non-electronic writing signed by an authorized representative
of SuccesUnPlugged.com.
21. General
If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties agree that
its remaining provisions will remain in full force and effect,
provided that the allocation of risks described herein is given
effect to the fullest extent possible. Our failure to act with
respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. You
agree that no joint venture, partnership, employment or agency
relationship exists between you and SuccesUnPlugged.com or its
affiliates as a result of this Agreement or your use of the
Site.
http://support.successunplugged.com
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