Effective as of July 1, 2022
Welcome to the Success Finder!
Our mission is to help foster a community for those looking to “Level Up” by gaining education, insight, and skills to better prepare you for professional and personal success. This isn’t the place where you’ll earn a 4-year degree: this is a place where you’ll discover who you really are and what you really want. We do this by giving you a place to connect with mentors, coaches, and like-minded individuals who you can share stories, successes, and struggles with.
These Terms set forth your rights and obligations as someone who is accessing our platform; user- or leader-generated programs, content, or services; or anything else available for use on the Platform. By interacting with this website; posting; creating content; interacting with users or leaders; creating a profile; or downloading, creating, viewing, and/or purchasing any products, services, or content, you indicate that you have read and understood this Agreement and you will be bound by its Terms.
For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at https://thesuccessfinder.com/ . “Platform” refers to the Company’s services accessed via the Site, which is to host a platform in which you can level up. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Platform or the services provided by us on our Platform.
ABOUT THE SERVICE
The Company has created a platform for you to use to level up your life personally and professionally.
Users or People refers to anyone on the platform. Some Users are also Leaders, but Leaders are also here to learn and grow.
We give you access to Leaders: There are some individuals who have been vetted by us as designated “leaders.” They have demonstrated certain skills and/or have been referred to us as people or organizations that can help others succeed and find success. They may or may not offer coaching, mentorship, events, or programs to others on the platform. Any coaching, mentorship, events, or programs are between you and the Leader. If you are a Leader, you will have access to other Leaders – we could all use mentorship and advice from time-to-time.
We give you access to like-minded people: Other people, just like you, are accessing our platform and looking for education and insight to better their lives and learn from others around them. You have the ability to interact with these like-minded people.
We may create content or post information, prompts, or stories from time-to-time. For the most part, though, we are simply creating a platform that enables you to learn and create community.
USE OF THE SERVICE
You need to be at least 13 years old to register for and use the Platform. If you are a user who signs up for the Platform, you will create a personalized account which may include a unique username or an an email address and may use a one-time password or you may be asked to create a password to access the Platform and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Any information or advice given by the Company and/or on the Platform is not meant to take the place of advice of licensed professionals including medical, psychiatric, tax, legal, financial, or other licensed practitioner who is hired by you to provide you with specialized and tailored care and advice. Unless otherwise specifically noted, this Platform contains general advice and guidelines. If You are under the care of or currently employ a professional for help in any specialized area, you should discuss any changes to your routine or plan with that professional prior to proceeding.
The Leaders draw upon extensive personal experience with their own journeys. Some of them may be licensed professionals in the state(s) in which they live. However, just because someone is a licensed professional or has a background in a certain field, does NOT make them YOUR licensed professional. They are acting in the capacity of a Leader and unless you have a specific, direct agreement with them, it is advised that you should treat any recommendations as general recommendations.
Leaders can provide the guidance and strategies, we can provide access to content and community, but none of us can do the work for you! There is no guarantee of any sort of specific result or outcome. You are in charge of your life, health, and well-being and your community is here to support you as you take charge of your life.
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions. If you are a Leader, you may have specific, limited commercial use rights on the platform, in the form of hosting events, coaching sessions, programs, or other approved commercial per your Leader contract. If you are not a Leader, then all commercial rights are specifically reserved for the Company.
You agree that you will not under any circumstances:
• access the Platform for any reason other than your personal use solely as permitted by the normal functionality of the Platform;
• collect or harvest any personal data of any user of the Site or the Platform, aside from usernames or community members that you may follow, or who follow you, unless they have specifically and knowingly opted in to an outside list of yours;
• distribute any part or parts of the Site or the Platform without our explicit written permission;
• use the Platform for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another user’s account without permission;
• intentionally allow another user to access your account;
• provide false or inaccurate information when registering an account;
• interfere or attempt to interfere with the proper functioning of the Platform;
• make any automated use of the Site, the Platform or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Platform, or use any software, technology, or device to scrape, spider, or crawl the Platform or harvest or manipulate data;
• circumvent, disable or otherwise interfere with any security-related features of the Platform or features that prevent or restrict use or copying of content, or enforce limitations on use of the Platform or the content accessible via the Platform; or
• publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to post, interact with, write blogs, or create other content on the Platform (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Platform. Leaders are also subject to these terms. Although we approve Leaders, we do not actively monitor or enforce the content that anyone on the Platform creates.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Platform at its sole discretion. We may post community guidelines and we accept feedback and complaints from users, although it is not our policy to judge or interfere, there may be times when User Content is disruptive, harmful, or illegal, and we reserve the right to remove any content that we find objectionable, for any reason, in our sole discretion.
We grant you permission to use and access the Platform, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Platform, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
· You will not post information that is malicious, libelous, false or inaccurate;
· You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Platform is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Platform or with other Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Platform, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Opinions, advice, reposts, statements, offers, or other information or content may be posted by the Company or Company representatives and are meant for informational purposes only, not to be relied upon for taking action without you receiving direct, specific, professional advice for your particular situation.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Platform nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Platform. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Platform, or transmitted to users.
We may collect transaction fees for any transactions between Leaders and Users that take place through the Platform. Any transaction fees collected are non-refundable.
LINKS TO OTHER SITES AND/OR MATERIALS
We use third party payment processing plug-ins or sites and provide use of those payment processing applications or sites to our users for their programs, events, or other commercial activities. Any money exchanged is between the parties involved and we are only facilitating by providing the platform. Any dispute about services rendered or not rendered must be brought up with the users or Leaders involved. We do not keep a record of transactions or monitor/police transactions. We take any complaints seriously and the receipt of complaints could result in the suspension of Leader status or privileges; however, we have little to no ability to mediate or resolve transaction disputes. We try to vet the Leaders but things go wrong and mistakes happen. So, be careful who you give money to!
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Platform who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Platform infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our support staff email@example.com:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By posting any User Content via the Platform, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Platform.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Platform’s email and messaging system will not constitute legal notice to the Site, the Platform, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about the Site or the Platform and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to firstname.lastname@example.org
Opting out may prevent you from receiving messages regarding the Site, the Platform or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES;
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, and advertiser, or a Leader on the Platform, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Platform, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.