USER TERMS AND CONDITIONS

 

These terms and conditions (the “Terms and Conditions”), together with all amendments, govern your use of all Services (as defined below).  If you do not agree with these Terms and Conditions, please do not use the Service.  If you wish to make a formal complaint about any of the editorial content on the Service, please send us an email at ______________.  Please review the following Terms and Conditions, together with the Privacy Policy before using this Service. 

 

  1. Introduction.

This Service is owned and operated by George Faller, with a registered office being located at _____________ (“Success in Vulnerability”). 

 

Where we use the term “Service” or “Services,” we mean any website, mobile site, app, application, and/or other service, regardless of how distributed, transmitted, published, or broadcast and any related pages and Content, under our control.

 

Where we refer to “Content,” we mean all content, information, and material included, provided, or made available through the Service, including software, technology, text, links, posts, messages, emails, music, sound, graphics, pictures, video, module content, and all audio visual or other material, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties.

 

Where we refer to “Success in Vulnerability,” “we,” “us,” and “our,” we mean Success in Vulnerability, its group companies and assigns, and each of our and their respective officers, directors, members, employees, sub-contractors, agents, and representatives.

 

Where we refer to “you” and “your,” this means or relates to you the user.

 

Where we refer to “user” or “users,” this means any and all other users of the Service.

 

By using the Services, you agree that we may add to or change these Terms and Conditions at any time. New Terms and Conditions are effective immediately upon posting to the Service. Your continued use of the Service shall constitute on-going acceptance of these Terms and Conditions, as updated from time-to-time. We therefore recommend that you check this page regularly.

 

  1. Capacity.

You may use the Service only if you have the capacity to form a binding contract with Success in Vulnerability, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.  You must be at least 18 years of age in order to use the Service. 

 

  1. Third party links, service providers, and linking to the Service.

The Service may include links to services supplied by or operated by third parties including advertisers and other content providers.  We do not control such linked services, and are not responsible for their content, functionality, or legality.  Those third parties may collect data or solicit personal information from you; we are not responsible for the collection, use or disclosure of any information those services may collect.  Linking to any other service or website from this Service is at your own risk.

 

The Service may also include certain features, functionality, and/or content that may be hosted, administered, supplied by, or operated by third party service providers (the “Service Providers”), such as social, community, and public discussion areas, photo and video galleries, blogs, auctions, shopping, and payment processing.  These service providers may require that you agree to their additional terms, conditions, contracts, agreements, and/or rules.  Compliance with any such additional terms, conditions, contracts, agreements, and/or rules is solely your responsibility and will have no effect on your continuing obligation to comply with these Terms and Conditions.  Success in Vulnerability specifically disclaims any and all liability in connection with the acts or omissions of such Service Providers.

 

Any service that links to or otherwise interacts with this Service must not:  (i) create a frame or any other browser or border environment around our Content, unless previously agreed with us; (ii) harvest or scrape Content either from our pages, databases, or our feeds and reuse for its own or public use, unless previously agreed with us; (iii) imply that Success in Vulnerability is endorsing it or its products or services; (iv) use any Success in Vulnerability Trademark (as defined below),  or any other Success in Vulnerability intellectual property without permission from us; (v) infringe any intellectual property or other right of any person; (vi) contain Content that could be construed as illegal, distasteful, offensive, controversial, or otherwise detrimental to Success in Vulnerability’s reputation or commercial interests.  Success in Vulnerability expressly reserves the right to require that any link or activity which is in breach of these Terms and Conditions be removed and/or ceased, and to take whatever other action we deem appropriate.

 

  1. Use of the Service by You.

You may retrieve and display Content from this Service on a computer screen or other device, print individual pages on paper (but not photocopy them), and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use.  You may not make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of any Content.  You agree to use the Service only for your own personal non-commercial use and lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

 

Notwithstanding anything else in these Terms and Conditions, you agree not to use the Services:  (i) in any way that breaches any applicable local, national, or international law or regulation; (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iii) for the purpose of harming or attempting to harm minors in any way; (iv) to send, knowingly receive, upload, submit download, use or re-use any material which does not comply with our Acceptable Content Policy below; (v) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); (vi) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or (vii) to copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Service, including by an automated or manual process or otherwise.

 

Other than connecting to Success in Vulnerability’s servers by HTTP requests using a web browser, you may not attempt to gain access to Success in Vulnerability’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

 

You agree not to disrupt, modify, or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Service.

 

To the extent the Service includes any download of software such as an app, you agree not to (and not to attempt to or encourage others to):  (i) use the software or app for any use or purpose other than as expressly permitted by these Terms and Conditions; or (ii) copy, adapt, modify, reverse engineer, decompile disassemble, otherwise tamper with, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the software or app or any portion of the software or app, except as expressly permitted in these Terms and Conditions.

 

Success in Vulnerability reserves any and all rights not expressly granted herein.

 

  1. Content by You or Other Users.

“User Generated Content” means any Content that you or other sers upload, submit, or make available to the Service.

 

You understand that your communications on the Service are not private or confidential and may be viewed by others accessing the Service.

 

Our Privacy Policy also applies to User Generated Content.

 

We reserve the right to, but undertake no duty to, review, edit, move or delete any User Generated Content in our sole discretion and without notice.

 

We do not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted as User Generated Content.  Any information or material placed online by other users of the Service, including advice and opinions, is the view and responsibility of those users and does not represent the view of Success in Vulnerability.  You agree that, to the maximum extent permitted by applicable law, we have no responsibility or liability to you for User Generated Content, including any failure to or delay in removing User Generated Content.  If you have a complaint about any User Generated Content, see the Complaints section below.

 

You are solely responsible for your User Generated Content and may be held liable for User Generated Content that you post.  In this regard, you agree that you will comply with the following Acceptable Content Policy and not submit User Generated Content that:  (i) is hateful, abusive, racist, discriminatory, sexually offensive, obscene, vulgar, defamatory, threatening to another user, promotes violence, is infringing of third party rights (such as copyright, trademark, trade secret or any other personal or proprietary rights, or confidentiality), invasive of personal privacy or publicity rights, disruptive to the flow of chat or in our reasonable view, otherwise objectionable; (ii) impersonates another person (including celebrities), indicates falsely that you are an employee or a representative of Success in Vulnerability or its companies or business partners; (iii) you do not own or have the rights to submit or that is illegal; (iv) promotes any form of illegal activity including (by way of example) hacking, drug taking, terrorism, cracking or distribution of counterfeit software; (v) contains advertising, promotions or commercial solicitations of any kind or could constitute junk mail, chain letters, pyramid schemes, or other commercial activities; (vi) imposes an unreasonable or disproportionately large load on the Service’s infrastructure, or otherwise adversely affects, restricts, or inhibits any other user from using and enjoying the Service; (vii) contains any virus, Trojan horse, worm, time bomb, cancelbot, or other similar harmful programming routine.

 

When you submit User Generated Content, you grant us a non-exclusive, royalty free, perpetual (i.e. lasting forever), worldwide, irrevocable license to exploit it in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party and you waive, and agree not to assert any moral or similar rights you may have in your User Generated Content.

 

  1. Modification of Terms.

We reserve the right to post, from time to time, additional Terms and Conditions that apply to specific parts of the Service.  Such additional Terms and Conditions will be posted in the relevant parts of the Service and will be clearly identified.  Your use of those parts of the Service constitutes your agreement to those additional Terms and Conditions.

 

  1. Intellectual Property Rights.

All Content and other material on the Service is owned by us or our third-party licensors (and is protected by international copyright, trade dress, design, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights).  All such rights are reserved to us and our licensors.

 

You acknowledge that “Success in Vulnerability” and any other logos, tradenames, trademarks, copyrighted material, other intellectual property, and other Content constitute Success in Vulnerability intellectual property (the “Intellectual Property”) and that you may not use, share, or distribute any of the Intellectual Property without the express written permission of an authorized member of Success in Vulnerability.

 

Under no circumstances shall you remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices appearing on the Service.  You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from the Service.

 

Making unauthorized copies of the Intellectual Property found on this Service may result in the prohibition of your use of the Service and further legal action, including the seeking of injunctive relief, statutory damages as allowed by law, and any other appropriate measure of damages.




  1. Prohibitions Against Piracy.

As the member whose payment method is charged, you are granted access to the Service.  You are responsible for any access that occurs through your account.  To maintain control over the account and prevent anyone from accessing the account, you may not share your username or password with any unauthorized users.  You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.  We can terminate your account or place your account on hold in order to protect you, Success in Vulnerability, or any other party from piracy, theft, or other fraudulent activity.  Success in Vulnerability is not obligated to credit or discount a membership for holds placed on the account.

 

  1. Confidentiality.

 

You agree to keep the Content provided on the Service confidential, including any stories shared by any clients in any modules or case studies presented on the Service. Any breach of this confidentiality shall subject the user to action, including termination of the Service and other appropriate legal action. 

 

  1. Complaints.

We respect the intellectual property and other rights of others, and we ask our users to do the same.  We may, in appropriate circumstances and at our discretion, terminate the access of users who infringe the rights of others.

 

Copyright:  If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that infringes your copyright, please contact us.

 

Defamation:  If you believe that another user has defamed you on the site through their User Generated Content, please contact us at _____________. You will need to provide detailed information to allow us to investigate properly.

 

  1. Indemnification.

You agree to indemnify Success in Vulnerability and its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives, and to hold them harmless from any and all claims, actions, suits and liabilities, losses, damages, costs and expenses (including legal fees) that may arise from your actions in using the Service, including from unauthorized use of our Content or Intellectual Property, or from your breach of these Terms and Conditions.

 

  1. Disclaimers and Limitations on Liability.

To the maximum extent permitted by applicable law, you expressly agree that your use of the Service is at your own risk. The Service is provided on an “as is” and “as available” basis for your use, and to the extent permitted by applicable law, Success in Vulnerability and its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, subcontractors, agents, and representatives hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Service.

 

Success in Vulnerability does not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions, or loss of transmitted information, or that no viruses will be transmitted on the Service.  We do not guarantee that you will be able to access or use the Service at times or locations of your choosing, or that we will have adequate capacity for the Service as a whole or in any specific geographic area.

 

Success in Vulnerability does not guarantee the results of using the techniques or therapeutic methods modeled through any modules, clinical examples, or through any other materials provided on the Service.  Past performance of any such methods or techniques are no guarantee of future results.

 

Success in Vulnerability does not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions, or loss of transmitted information, or that no viruses will be transmitted on the Service.  We do not guarantee that you will be able to access or use the Service at times or locations of your choosing, or that we will have adequate capacity for the Service as a whole or in any specific geographic area.

 

Success in Vulnerability makes no representations or warranties regarding the nature of the content shared on the Service.  Some users might find portions of the content shared on the Service offensive or graphic.  The user understands that Success in Vulnerability cannot control what is said in counseling or therapeutic sessions.

 

In no event shall Success in Vulnerability or its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, subcontractors, agents, and representatives, be liable for direct, indirect, special, consequential, or punitive damages arising from your use of the Service, the internet or for any other claim related in any way to your use of the Service, including for viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.  Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, liability shall be limited to the full extent permitted by law.  Success in Vulnerability does not endorse, warrant, or guarantee any third-party product or service offered through the Service and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

 

Liability will not be limited in the case of fraudulent misrepresentations, death, or personal injury directly caused by their negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.

 

  1. Testimonial Disclaimer.

Unique experiences and past performance do not guarantee future results.  Testimonials, whether solicited or unsolicited, are not representative of all users of the Service.  Some users may experience better results than others.

 

  1. Termination.

We have the right to terminate your use of or ability to access the Service, for any reason, without notice.

 

  1. Limitations on Refunds.

Due to the online nature of Success in Vulnerability, upon purchases of the Service, refunds will be issued in the sole discretion of Success in Vulnerability.  Dissatisfaction with the Service will not constitute grounds for a refund. 

 

  1. Privacy Policy.

Effective May 1, 2020, Success in Vulnerability collects certain personally identifiable information, which may include the name, address, email address, and credit card information of the user.  users can review, request to delete, or opt out of having their personally identifiable information used by emailing _____________.  To the extent updates are made to the privacy policy, any such update will be communicated upon the user’s next login by way of a web-generated form.  Personally identifiable information will be shared with third parties only to the extent necessary to provide the Service.  Do Not Track (DNT) requests will be honored only upon specific request.  The information that you provide about yourself to us or otherwise collected by us about you will only be used by Success in Vulnerability in accordance with our Privacy Policy.

 

  1. General.

If any term of these Terms and Conditions is held to be invalid or unenforceable, the remainder of the Terms and Conditions shall remain valid and enforceable.  These Terms and Conditions are governed by and construed in accordance with the laws of Arkansas and will be subject to the exclusive jurisdiction of the courts of Arkansas.  Any and all actions relating to the use of the Services shall be brought in Benton County, Arkansas. If you need any help or have any questions, please feel free to contact us at the postal or email address set forth within these Terms and Conditions.

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