Terms and Conditions
Terms of Service Agreement
Welcome to Success4Living.blogspot.com,
operated by Eveian Salmon. By using the website, the related mobile website,
and the mobile application (collectively, the “Websites”), you agree to be
bound by these Terms of Service (this “Terms of Service” or “Agreement”),
whether or not you register as a member of Success4Living.blogspot.com
("Member"). If you wish to become a Member and/or make use of the
service (the “Service”), please read this Agreement. If you object to anything
in this Agreement or the Success4Living.blogspot.com Privacy Policy, do not use
the Service.
This Agreement is subject to
change by Success4Living.blogspot.com at any time, effective upon posting on the relevant
website. Your continued use of the Websites and the Service following Success4Living.blogspot.com
posting of revised terms of
any section of the Agreement will constitute your express and binding
acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT
CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A
DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic
contract that sets out the legally binding terms of your use of the Websites
and the Service. This Agreement may be modified by Success4Living.blogspot.com
from time to time, such
modifications to be effective upon posting by Success4Living.blogspot.com
on the Websites. By
accessing and/or using the Websites or becoming a Member, you accept this Agreement
and agree to the terms, conditions and notices contained or referenced herein.
1. Access and
Retention. In order to access and retain this electronic Agreement, you
must have access to the Internet, either directly or through devices that
access web-based content, and pay any service fees associated with such access.
In addition, you must use all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access device.
Please print a copy of this document for your records. To retain an electronic
copy of this Agreement, you may save it into any word processing program.
2. Commercial Use
of Service. If you are using the Service and/or accessing the Websites on
behalf of a company, entity, or organization (collectively, a “Subscribing
Entity”), you represent and warrant that:
a. You are an authorized representative of the Subscribing
Entity, and that you have the authority to bind the Subscribing Entity to this
Terms of Service;
b. You have read and understand this Terms of Service; and
c. You agree to this Terms of Service on behalf of the
Subscribing Entity.
Illegal and/or unauthorized uses of the Websites include,
but are not limited to, browsing or downloading illegal content, collecting
usernames and/or email addresses of members by electronic or other means for
the purpose of sending unsolicited email, unauthorized framing of or linking to
the Websites, sharing or disclosing your username or password to any third
party or permitting any third party to access your account, attempting to
impersonate another user or person, use of the Websites in any fraudulent or
misleading manner, any automated use of the system, such as scraping the
Websites, automated scripts, spiders, robots, crawlers, data mining tools or
the like, interfering with, disrupting, or creating an undue burden on the
Websites or the networks or services connected to the Websites, and using the
Websites in a manner inconsistent with any and all applicable laws and
regulations. Illegal and/or unauthorized use of the Websites may be
investigated, and appropriate legal action may be taken, including without
limitation, civil, criminal, and injunctive redress. Use of the Websites and
Service is with the permission of Success4Living.blogspot.com, which may be revoked at any
time, for any reason, in Success4Living.blogspot.com’s sole discretion.
3. Account
Security. You are responsible for maintaining the confidentiality of the
username and password that you designate during the registration process, and
you are fully responsible for all activities that occur under your username and
password. You agree to (a) immediately notify Success4Living.blogspot.com
of any unauthorized use of
your username or password or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. Success4Living.blogspot.com
will not be liable for any
loss or damage arising from your failure to comply with this provision. You
should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or
other personal information. If you share your computer with others, you may
wish to consider disabling your auto-login feature if you have it linked to your
Success4Living.blogspot.com account.
4. Your Use of the Websites
a. You may not browse or download illegal content.
b. You must not copy or capture, or attempt to copy or
capture, any content from the Websites (the “Content”) or any part of the
Websites, unless given express permission by Success4Living.blogspot.com.
c. You must not copy, republish, adapt, make available or
otherwise communicate to the public, display, perform, transfer, share,
distribute or otherwise use or exploit any Content on or from the Platform,
except (i) where such Content is created by you (such content, “Your Content”),
or (ii) as permitted under these Terms of Service, and within the parameters
set by the person or entity that uploaded the Content (the “Uploader”) (for
example, under the terms of Creative Commons licenses selected by the
Uploader).
d. You must not use any Content (other than Your Content)
in any way that is designed to create a separate content service or that
replicates any part of the Websites’ offering.
e. You must not employ scraping or similar techniques to
aggregate, repurpose, republish or otherwise make use of any Content.
f. You must not employ the use of bots, botnets, scripts,
apps, plugins, extensions or other automated means to register accounts,
log-in, post comments, or otherwise to act on your behalf, particularly where
such activity occurs in a multiple or repetitive fashion. You must not offer or
promote the availability of any such techniques or services to any other users
of the Websites.
g. You must not alter or remove, or attempt to alter or
remove, any trademark, copyright or other proprietary or legal notices
contained in, or appearing on, the Websites or any Content appearing on the
Websites (other than Your Content).
h. You must not, and must not permit any third party to,
copy or adapt the object code of the Websites, or reverse engineer, reverse
assemble, decompile, modify or attempt to discover any source or object code of
any part of the Websites, or circumvent or attempt to circumvent or copy any
copy protection mechanism or access any rights management information
pertaining to Content other than Your Content.
i. You must not use the Websites to upload, post, store,
transmit, display, copy, distribute, promote, make available or otherwise
communicate to the public:
● any Content that is offensive, abusive, libelous,
defamatory, obscene, racist, sexually explicit, ethnically or culturally
offensive, indecent, that promotes violence, terrorism, or illegal acts,
incites hatred on grounds of race, gender, religion or sexual orientation, or
is otherwise objectionable in Success4Living.blogspot.com’s sole and reasonable discretion;
● any information, Content or other
material that violates, plagiarizes, misappropriates or infringes the rights of
third parties including, without limitation, copyright, trademark rights,
rights of privacy or publicity, confidential information or any other right; or
● any Content that violates,
breaches or is contrary to any law, rule, regulation, court order or is
otherwise is illegal or unlawful in Success4Living.blogspot.com’s sole and reasonable opinion;
● any material of any kind that
contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb,
worm, or other harmful or malicious component, which will or might overburden,
impair or disrupt the Websites or servers or networks forming part of, or connected
to, the Websites, or which does or might restrict or inhibit any other user's
use and enjoyment of the Websites; or
● any unsolicited or unauthorized
advertising, promotional messages, spam or any other form of solicitation.
j. You must not commit or engage in, or encourage, induce,
solicit or promote, any conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law or regulation.
k. You must not rent, sell or lease access to the
Websites, or any Content on the Websites, although this will not prevent you
from including links from Your Content to any legitimate online download store
from where any item of Your Content may be purchased.
l. You must not deliberately impersonate any person or
entity or otherwise misrepresent your affiliation with a person or entity, for
example, by registering an account in the name of another person or company, or
sending messages or making comments using the name of another person.
m. You must not stalk, exploit, threaten, abuse or
otherwise harass another user, or any Success4Living.blogspot.com employee. If we feel that your
behavior towards any of our employees is at any time threatening or offensive,
we reserve the right to immediately terminate your membership and you will not
be entitled to any refund of unused subscription fees.
n. You must not sell or transfer, or offer to sell or
transfer, any Success4Living.blogspot.com account to any third party without the prior written
approval of Success4Living.blogspot.com.
o. You must not collect or attempt to collect personal
data, or any other kind of information about other users, including without
limitation, through spidering or any form of scraping.
p. You must not violate, circumvent or attempt to violate
or circumvent any data security measures employed by Success4Living.blogspot.com
or any Uploader; access or
attempt to access data or materials which are not intended for your use; log
into, or attempt to log into, a server or account which you are not authorized
to access; attempt to scan or test the vulnerability of Success4Living.blogspot.com’s
servers, system or network
or attempt to breach Success4Living.blogspot.com’s data security or authentication
procedures; attempt to interfere with the Websites or the Services by any means
including, without limitation, hacking Success4Living.blogspot.com’s servers or systems, submitting a
virus, overloading, mail-bombing or crashing. Without limitation to any other
rights or remedies of Success4Living.blogspot.com under these Terms of Service, Success4Living.blogspot.com
reserves the right to
investigate any situation that appears to involve any of the above, and may
report such matters to, and cooperate with, appropriate law enforcement authorities
in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions, and
acknowledge and agree that Success4Living.blogspot.com has the right, in its sole
discretion, to terminate your account or take such other action as we see fit
if you breach any of the above conditions or any of the other terms of these
Terms of Service. This may include taking court action and/or reporting
offending users to the relevant authorities.
5. Representations
and Warranties. You hereby represent and warrant to Success4Living.blogspot.com
as follows:
a. Your Content, and each and every part thereof, is an
original work by you, or you have obtained all rights, licenses, consents and
permissions necessary in order to use, and (if and where relevant) to authorize
Success4Living.blogspot.com to use, Your Content pursuant to these Terms of Service, including,
without limitation, the right to upload, reproduce, store, transmit,
distribute, share, publicly display, publicly perform, make available and
otherwise communicate to the public Your Content, and each and every part
thereof, on, through or via the Websites, any and all Services and any third
party services.
b. Your Content and the availability thereof on the
Platform does not and will not infringe or violate the rights of any third
party, including, without limitation, any intellectual property rights,
performers' rights, rights of privacy or publicity, or rights in confidential
information.
c. You have obtained any and all necessary consents,
permissions and/or releases from any and all persons appearing in Your Content
in order to include their name, voice, performance or likeness in Your Content
and to publish the same on the Websites and via any third party services.
d. Your Content, including any comments that you may post
on the Websites, is not and will not be unlawful, offensive, abusive, libelous,
defamatory, obscene, racist, sexually explicit, ethnically or culturally
offensive, indecent, will not promote violence, terrorism, or illegal acts, or
incite hatred on grounds of race, gender, religion or sexual orientation.
e. Your Content does not and will not create any liability
on the part of Success4Living.blogspot.com, its subsidiaries, affiliates, successors, and assigns,
and their respective employees, agents, directors, officers and/or shareholders.
Success4Living.blogspot.com reserves the right to remove Your
Content, suspend or terminate your access to the Platform and/or pursue all
legal remedies if we believe that any of Your Content breaches any of the
foregoing representations or warranties, or otherwise infringes another
person's rights or violates any law, rule or regulation.
6. Term. This
Agreement will remain in full force and effect while you use the Websites.
7. Modifications to
Service. Success4Living.blogspot.com reserves the right at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Success4Living.blogspot.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
8. Blocking of IP
Addresses. In order to protect the integrity of the Services, Success4Living.blogspot.com
reserves the right at any
time in its sole discretion to block Members from certain IP addresses from
accessing the Websites.
9. Content.
a. Proprietary Rights. Success4Living.blogspot.com
retains all proprietary rights in the Websites and the Service. The Websites
contains the copyrighted material, trademarks, and other proprietary
information of Success4Living.blogspot.com, and its licensors. Except where we
have given you express written permission, you may not copy, modify, publish,
transmit, distribute, perform, display, or sell any such proprietary
information. All content on Success4Living.blogspot.com is proprietary. Except
where otherwise specified in this Agreement, all Content is copyrighted
material of Success4Living.blogspot.com and for Success4Living.blogspot.com’s
Members' use only. Distribution of Content to others is strictly prohibited.
You agree that Success4Living.blogspot.com would be irreparably harmed by any
violation or threatened violation of this section and that, therefore, Success4Living.blogspot.com
shall be entitled to an injunction prohibiting you from any violation or threatened
violation of this section, without posting bond, in addition to any other right
or remedy it may have.
We may provide links to third
party websites, and some of the content appearing on Success4Living.blogspot.com
may be supplied by third parties. Success4Living.blogspot.com has no
responsibility for these third party websites nor for their content, which is
subject to and governed by the Terms of Service and/or privacy policies, if
any, of the applicable third party content providers.
b. Ownership of Your Content; Licenses.
You agree
that any content you upload to the Websites and/or the Service (“Your Content”)
shall become the property of Success4Living.blogspot.com. This shall have no effect on
Sections ___ (Copyright Policy), _____ (Limitation of Liability), and _____
(Indemnity by You) of this Agreement.
However, with respect to Your Content, Success4Living.blogspot.com grants you a worldwide,
royalty-free and non-exclusive license(s) to use, distribute, reproduce, and
publicly display such content, except with regard to commercial or for-profit
use account.
Any Content other than Your
Content is the property of the relevant Uploader, and is or may be subject to
copyright, trademark rights or other intellectual property or proprietary
rights. Such Content may not be downloaded, reproduced, distributed,
transmitted, re-uploaded, republished, displayed, sold, licensed, made
available or otherwise communicated to the public or exploited for any purposes
except via the features of the Websites from time to time and within the
parameters set by the Uploader on the Service or with the express written
consent of the Uploader. Where you repost another user's Content, or include
another user's Content in a set, you acquire no ownership rights whatsoever in
that Content. Subject to the rights expressly granted in this section, all
rights in Content are reserved to the relevant Uploader.
10. Restrictions on
Use of Materials. You acknowledge that Success4Living.blogspot.com contains images, text, and other
content (collectively, "Intellectual Property") that is protected by
copyrights, patents, trademarks, trade secrets and/or other proprietary rights,
and that these rights are valid and protected in all forms, media and
technologies existing now or hereafter developed. All Intellectual Property is
copyrighted under the United States copyright laws (and, if applicable, similar
foreign laws), and Success4Living.blogspot.com owns a copyright in the selection, coordination,
arrangement and enhancement of such Intellectual Property. All trademarks
appearing on this Websites are trademarks of their respective owners. You may
not modify, publish, transmit, distribute, perform, participate in the transfer
or sale, create derivative works of, or in any way exploit, any of the
Intellectual Property, in whole or in part. When Intellectual Property is
downloaded to your computer, you do not obtain any ownership interest in such
Intellectual Property. Modification of the Intellectual Property or use of the
Intellectual Property for any other purpose, including, but not limited to, use
of any Intellectual Property in printed form or on any other website or
networked computer environment is strictly prohibited unless you receive our
prior written consent.
11. Copyright
Policy. Success4Living.blogspot.com prohibits the submission or posting of any information
that infringes or violates the copyright rights and/or other intellectual
property rights (including rights of privacy and publicity) of any person or
entity.
Pursuant to Title 17, United States Code, Section
512(c)(2) or for any other claim of copyright infringement, you hereby agree
that notifications of claimed copyright infringement be sent by certified mail
to:
eveian01@gmail.com
If you believe that your intellectual property right (or
such a right that you are responsible for enforcing) is infringed by any
content on the Site, please write to Success4Living.blogspot.com at the address shown above, giving
a written statement that contains:
a. identification of the copyrighted work and/or
intellectual property right claimed to have been infringed;
b. identification of the allegedly infringing material on
the Site that is requested to be removed;
c. your name, address, and daytime telephone number, and
an e-mail address if available;
d. a statement that you have a good faith belief that the
use of the copyrighted work and/or exercise of the intellectual property right
is not authorized by the owner, its agent, or the law;
e. a statement that the information in the notification is
accurate, and, under penalty of perjury, that the signatory is authorized to
act on behalf of the owner of the right that is allegedly infringed; and
f. the signature of the intellectual property right owner
or someone authorized on the owner's behalf to assert infringement of the
right.
Success4Living.blogspot.com will process any notice of alleged
infringement which it receives and will take appropriate action as required by
the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other
applicable copyright law. U.S. law provides significant penalties for
submitting such a statement falsely. Under appropriate circumstances, persons
who repeatedly submit infringing or unlawful material will be prohibited from
posting further submissions.
12. Liability for
Content. You hereby acknowledge and agree that Success4Living.blogspot.com
(i) stores Content and other information at the direction, request and
with the authorization of its users, (ii) acts merely as a passive conduit
and/or host for the uploading, storage and distribution of such Content, and
(iii) plays no active role and gives no assistance in the presentation or use
of the Content. You are solely responsible for all of Your Content that you
upload, post or distribute to, on or through the Websites, and to the extent
permissible by law, Success4Living.blogspot.com excludes all liability with respect to all Content
(including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that Success4Living.blogspot.com
cannot and does not review
the Content created or uploaded by its users, and neither Success4Living.blogspot.com
nor its subsidiaries,
affiliates, successors, assigns, employees, agents, directors, officers and
shareholders has any obligation, and does not undertake or assume any duty, to
monitor the Websites for Content that is inappropriate, that does or might
infringe any third party rights, or has otherwise been uploaded in breach of
these Terms of Service or applicable law.
Success4Living.blogspot.com and its subsidiaries, affiliates,
successors, assigns, employees, agents, directors, officers and shareholders
hereby exclude, to the fullest extent permitted by law, any and all liability
which may arise from any Content uploaded to the Websites by users, including,
but not limited to, any claims for infringement of intellectual property rights,
rights of privacy or publicity rights, any claims relating to publication of
defamatory, pornographic, obscene or offensive material, or any claims relating
to the completeness, accuracy, currency or reliability of any information
provided by users of the Websites. By using the Websites, you irrevocably waive
the right to assert any claim with respect to any of the foregoing against Success4Living.blogspot.com
or any of its subsidiaries,
affiliates, successors, assigns, employees, agents, directors, officers or
shareholders.
13. Repeat
Infringers. Success4Living.blogspot.com will suspend or terminate your access to the
Websites if Success4Living.blogspot.com determines, in its sole and reasonable discretion, that
you have repeatedly breached these Terms of Service.
If we receive a valid notification from a third party in
accordance with our reporting processes or applicable law that any of Your
Content infringes the copyright or other rights of such third party, or if we
believe that your behavior is inappropriate and violates our Terms of Service,
we will send you a written warning to this effect. Any user that receives more
than two of these warnings is liable to have their access to the Websites
terminated forthwith.
We will also suspend or terminate your account without
warning if ordered to do so by a court, and/or in other appropriate
circumstances, as determined by Success4Living.blogspot.com at its sole discretion.
Please note that we do not offer refunds to Members whose
accounts are terminated as a result of repeated infringement of these Terms of
Service.
14. Limitation of
Liability. In no event shall Success4Living.blogspot.com be liable for any damages
whatsoever, whether direct, indirect, general, special, compensatory,
consequential, and/or incidental, arising out of or relating to the Websites or
Service, or use thereof. Nothing contained in this Websites or in any written
or oral communications from Success4Living.blogspot.com or its employees or agents shall
be construed to make any promise, covenant, or guaranty, all of which are
explicitly disclaimed hereby, contrary to the statements and disclaimers
contained in this paragraph.
The content and functionality on the Websites and the
services provided by employees of the Websites are offered "as is"
without warranty of any kind, either express or implied, including, without
limitation, implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement. Success4Living.blogspot.com makes no warranties, express or
implied, as to the ownership, accuracy, completeness or adequacy of the
Websites’ content or that the functionality of the Websites will be
uninterrupted or error-free or free from virus or third party attack. You
hereby acknowledge that your use of the Websites and the Service is at your
sole risk. UNDER NO CIRCUMSTANCES SHALL Success4Living.blogspot.com, ITS OFFICERS, OWNERS, EMPLOYEES
OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY
DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY
TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING
WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES,
EVEN IF Success4Living.blogspot.com HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN
NO EVENT WILL Success4Living.blogspot.com HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY
ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE,
INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL;
COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK
STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT
ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES,
EVEN IF Success4Living.blogspot.com HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND
REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY
OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are
deemed to be unenforceable, to the greatest extent permitted by law, you agree
that the entire aggregate liability of Success4Living.blogspot.com and sole remedy available to any
Member in any case in any way arising out of or relating to the Agreement,
Websites or the Service shall be limited to monetary damages that in the
aggregate may not exceed the greater of $500.00 or the sum of any amount paid
by the Member or user to Success4Living.blogspot.com during the six months prior to
notice to Success4Living.blogspot.com of the dispute for which the remedy is sought.
15. Indemnity by
You. You agree to indemnify and hold Success4Living.blogspot.com, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, arising out
of or related to:
a. your use of the Service and/or Websites in violation of
this Agreement and/or arising from a breach of this Agreement including without
limitation your representations and warranties set forth above;
b. any third party claim of infringement of copyright or
other intellectual property rights or invasion of privacy arising from the
hosting of Your Content on the Websites, and/or your making available thereof
to other users of the Websites, and/or the actual use of Your Content by other
users of the Websites or related services in accordance with these Terms of
Service and the parameters set by you with respect to the distribution and
sharing of Your Content;
c. any activity related to your account, either by you or
by any other person accessing your account with or without your consent unless
such activity was caused by the act of Success4Living.blogspot.com.
16. Attorney Fees.
In the event that Success4Living.blogspot.com is successful in whole or in part in any action or
proceeding related to or arising from this Agreement, you shall be responsible
for Success4Living.blogspot.com’s attorneys' fees and costs.
17. Parental or
Guardian Permission. Some of the Content on the Websites may not be
appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE
THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.
18. Privacy. Use
of the Websites and/or the Service is also governed by our Privacy Policy,
located at Success4Living.blogspot.com
19. Jurisdiction
and Choice of Law; Dispute Resolution. If there is any dispute arising out
of the Websites and/or the Service, by using the Websites and/or Service, you
expressly agree that any such dispute shall be governed by the laws of the United
States of America without regard to its conflict of law provisions, and you
expressly agree and consent to the exclusive jurisdiction and venue of the
state and federal courts of the State of New York, for the resolution of any
such dispute. Acceptance of the terms and conditions of this Agreement
constitutes your consent to be sued in such courts and to accept service of
process outside the United States of America with the same force and effect as
if such service had been made within the United States of America. You hereby
agree to accept service of process for any action hereunder by certified mail
return receipt requested which service shall have the same force and effect as
though service had been effected by personal service in the applicable
jurisdiction. If any part of these terms is unlawful, void, or unenforceable,
that part will be deemed severable and will not affect the validity and
enforceability of the remaining provisions.
20. Arbitration Provision/No
Class Action. Except where prohibited by law, as a condition of using the
Websites and/or Service, you agree that any and all disputes, claims and causes
of action (collectively, "Claim") arising out of or connected with
the Websites and/or Service, shall be resolved individually, without resort to
any form of class action, exclusively by binding arbitration under the rules of
the American Arbitration Association for full and final settlement of such
Claim, and judgment on the award rendered in the arbitration may be entered in
any court having jurisdiction thereof. Such arbitration shall be held in
accordance with the Rules for Expedited Procedures under the Commercial
Arbitration Rules of the American Arbitration Association or other mutually agreeable
organization, before a single arbitrator (with knowledge and expertise of
copyright law if the claim is all or partially for copyright infringement),
selected by agreement of both parties or by an independent mediator (with
knowledge and expertise of copyright law if the claim is all or partially for
copyright infringement) if the parties are unable to agree. The parties shall
split the arbitration and/or mediator costs.
21. No Third Party
Beneficiaries. You agree that, except as otherwise expressly provided in
this Agreement, there shall be no third party beneficiaries to this Agreement.
22. Availability
Outside the U.S. If you access Success4Living.blogspot.com from outside of the United States,
you do so at your own risk and are responsible for compliance with the laws of
your jurisdiction. If you access the Websites from outside of the United
States, you acknowledge that any personal information you provide will be
processed in the United States and other geographies as selected by us in our sole
discretion, and you hereby consent to the collection and processing of your
personal information in a manner consistent with this Agreement and the Privacy
Policy.
23. Entire
Agreement. This Agreement contains the entire agreement between you and Success4Living.blogspot.com
regarding the use of the
Websites and/or the Service.
24. Severability;
Waiver. If any provision of this Agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect. No waiver of any term of this Agreement shall
be deemed a further or continuing waiver of such term or any other term. In
addition, Success4Living.blogspot.com’s failure to enforce any term of this Agreement shall not be
deemed as a waiver of such term or otherwise affect Success4Living.blogspot.com’s
ability to enforce such term
at any point in the future.
25. Headings. The
section headings contained in this Agreement are for reference purposes only
and shall not in any way affect the meaning or interpretation of this
Agreement.
Please contact us with any questions regarding this
agreement.
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