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terms-of-use

Last Updated: October 12, 2014

These are the Terms of Use (these “Terms”) for www.getsuccessful.com, the website (the Website”) of [GetSuccessful, Inc., a Rhode Island Corporation] (“getsuccessful”). All users of the Website and/or the Services (as such capitalized terms are defined below)(sometimes hereinafter referred to as “you”, “your” or “User”, plural “Users”) must accept these Terms as a precondition to accessing, viewing or using any Website content for any purpose (“Website Use”) or posting any content of any kind or nature on the Website, including, without, limitation, Startup Postings and User Submissions, as such terms are defined below (“Website Posting” and together with Website Use, the “Services”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES. Additionally, Getsuccessful reserves the right to modify these Terms at any time by modifying these Terms as they appear on the Website without any prior notice, except as expressly set forth in these Terms. Your use of the Website and the Services indicates your unconditional acceptance of all changes made to these Terms at any point.

Part One: Terms of Use Governing the Services

  1. LICENSE TO USE THE SERVICES
    Subject to these Terms, Getsuccessful grants to you a limited, personal, non-exclusive, revocable at any time without notice, non-transferable, non-sublicensable license to use the Services, for your personal use and not for resale or further distribution. Your right to use the Services is limited by all terms and conditions set forth in these Terms. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of the Services; (ii) rent, lease or sublicense access to any of the Services; or (iii) circumvent or disable any security or technological features or measures of the Services or the Website.
  2. INTELLECTUAL PROPERTY RIGHTS – START-UP POSTING
    Getsuccessful provides you with the ability upload your content relating to your own start-up company or start-up project to the Website (“Start-Up Posting”). Getsuccessful will not have any ownership rights in your content, however, Getsuccessful needs the following license to perform Start-Up Posting. You hereby grant to Getsuccessful the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, modify (which includes editing, translating and reformatting), reproduce, create derivative works, distribute and otherwise perform Start-up Posting and User Submissions (defined below) on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit (“Host”) the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text (“Artworks”) in connection with the Start-up Posting); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of Start-Up Posting. You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your content to Start-up Posting or Getsuccessful’s Hosting of the content as contemplated by these Terms. To enable Getsuccessful to Host your content pursuant to the above provisions, you hereby grant to Getsuccessful the worldwide, non-exclusive, perpetual, royalty-free, sub licensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with Start-Up Posting.
  3. USER SUBMISSIONS
    The Website may provide Users with the ability to add, create, upload, submit, distribute, collect, or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, Start-Up Posting or other information to the Website (collectively, “User Submissions”). By Submitting User Submissions on the Website or otherwise through the Service, you: (a) acknowledge that by Submitting any User Submission to the Website, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission; (b) by Submitting any User Submissions through the Website or the Service, you hereby do and shall grant Getsuccessful a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Website, the Service and Getsuccessful’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each User a non-exclusive license to access your User Submissions through the Website and Start-up Posting, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Getsuccessful does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing; (c) represent and warrant, and can demonstrate to Getsuccessful’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submission is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Getsuccessful and all users of Website Posting; (d) you agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to Website Posting; (d) that the use or other exploitation of such User Submissions by Getsuccessful and use or other exploitation by Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and (e) understand that Getsuccessful shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that Getsuccessful will not be liable for any errors or omissions in any content. Getsuccessful cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service. Getsuccessful does not endorse and has no control over any User Submission. Getsuccessful cannot guarantee the authenticity of any data which Users may provide about themselves. You acknowledge that all content accessed by you using User Submission is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
  4. ACCESS TO THE SERVICES
    Getsuccessful does not provide you with the equipment to access the Website or the Services. Users are responsible for all fees charged by third parties related to your access and use of the Services (e.g., charges by Internet service providers). Getsuccessful reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Website, including without limitations Website Postings, without notice. Getsuccessful will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of the Website or the Services. Getsuccessful also reserves the right, in its sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to the Services at any time, for any or no reason, with or without prior notice, and without liability.
  5. RESTRICTIONS
    Users must comply with all applicable laws when using the Services. Except as may be expressly permitted by applicable law, or as Getsuccessful may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on the Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use the Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to the Services to another person; (iv) use any Services or Service Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of the Services; (vi) use the Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Services or any Service Content. You will not (and will not authorize, allow or assist any third party to): (i) sell, assign, grant a security interest in, use for the benefit of any third party, or otherwise transfer any right in or to the Services or other software or technology provided or used in connection with the Services (collectively, “Getsuccessful IP”), (ii) incorporate any Getsuccessful IP (or any portion thereof) into another product, (iii) translate, reverse-engineer or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code or underlying ideas or algorithms of any Getsuccessful IP, or (iv) modify any Getsuccessful IP or use any of the foregoing in any way not expressly authorized by Agreement. Further, you shall not use, export or re-export the Services or any Getsuccessful IP in violation of any applicable laws or regulations.
  6. RESTRICTED AREAS OF THE SERVICESCertain parts of the Services, including account management features, may be password-restricted to registered Users or other authorized persons (“Password-Protected Areas”). If a User is authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Getsuccessful if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Getsuccessful of any unauthorized use of your account or any other breach of security in relation to your password or the Services that is known to you.
  7. LINKS AND THIRD PARTY CONTENT
    The Services may display, or contain links to, third party products, services, and their sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other Users or other third parties on the Services, or which is accessible through or may be located using the Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of Getsuccessful or our shareholders, directors, officers, employees, agents, or representatives. Getsuccessful does not control Third Party Content and we neither guarantee the accuracy, integrity or quality of such Third Party Content nor its fitness for any particular purpose. Getsuccessful is not responsible for the performance of, does not endorse, and is not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. Getsuccessful is not responsible for the Terms and Conditions, Terms of Use or Privacy Practices of any Third Party site or link. By using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Getsuccessful shall not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through the Services.
  8. USE POLICIES
    You are solely responsible for any User Submissions. You agree that Getsuccessful shall have to liability or responsibility for anything relating to or arising from User Submissions. You will not use the Services to: (i) upload, post, email, or otherwise transmit any User Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any User Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any User Submissions that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other Users.
  9. TRADEMARKS
    “Getsuccessful,” the Getsuccessful logo, and any other product or service name or slogan displayed on trademarks of Getsuccessful, Inc and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Getsuccessful or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Getsuccessful” or any other name, trademark or product or service name of Getsuccessful without its prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Getsuccessful and may not be copied, imitated or used, in whole or in part, without its prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Getsuccessful.
  10. FEEDBACK
    Getsuccessful may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about the Services (“Feedback”). You agree that Getsuccessful may, in its sole discretion, use the Feedback you provide to Startsuptowatch in any way, including in future enhancements and modifications to the Services. You hereby grant to Getsuccessful and its assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

Part Two: Additional Legal Terms

  1. DISCLAIMER OF WARRANTIES
    YOUR USE OF THE SERVICES, SERVICE CONTENT AND THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GETSUCCESSFUL AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GETSUCCESSFUL DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICES AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH GETSUCCESSFUL’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
  2. LIMITATION OF LIABILITY
    GETSUCCESSFUL AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GETSUCCESSFUL HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF ITS SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF GETSUCCESSFUL AND ITS SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO GETSUCCESSFUL FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  3. INDEMNITY
    You will indemnify and hold Getsuccessful, its suppliers and licensors, respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, including without limitation, attorneys’ fees and other costs of defense, and any other liability caused by your use of the Services and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.
  4. LEGAL NOTICES
    Enforcement of these Terms will be governed by the laws of the State of Rhode Island, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located in Providence County, within the State of Rhode Island, and you irrevocably agree to submit to the jurisdiction of such courts. Getsuccessful’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

Part Three: Getsuccessful Privacy Policy

The Getsuccessful.com Privacy Policy is designed to assist you in understanding how Getsuccessful’s collects and uses the personal information you provide to us and to assist you in making informed decisions when using the Services.

  1. What Information Does Getsuccessful Collect?
    When you visit the Website you may provide Getsuccessful with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Website use information collected on an aggregate basis as you and others browse the site. Personal Information You Choose to Provide:

    Registration Information
    You will provide us information about yourself, your company, and your business when you purchase Getsuccessful’s products and services, or register for email newsletters and alerts.

    Email Information
    Email addresses are used for the purposes of inviting new contacts to join Getsuccessful’s online services, to add Users to members’ service, and to send notifications related to such service. In addition, if you choose to correspond with us through email, Getsuccessful may retain the content of your email messages together with your email address and our responses.

    Website Use Information
    Similar to other commercial websites, the Website utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and Getsuccessful server logs to collect information about how the Website is used. Information gathered through cookies and Getsuccessful server logs may include the date and time of visits, the pages of the Website visited, time spent at the Website, and the other sites visited just before and just after the Website. Getsuccessful may also log non-personally-identifiable information including IP address, profile information, aggregate User data, and browser type, from Users and visitors to the site. This data is used to manage the Website, track usage and improve Services. This non-personally-identifiable information may be shared with third parties to provide more relevant services to members. User IP addresses are recorded for security and monitoring purposes.

  2. 2. How Does Getsuccessful Use the Information That You Provide to Us. Broadly speaking, Getsuccessful uses personal information for purposes of administering and expanding its business activities, providing customer service and making available other products and services to its customers and prospective customers. Occasionally, Getsuccessful may also use the information Getsuccessful collects to notify you about important changes to the Website, new services and special offers Getsuccessful think you will find valuable. You may notify Getsuccessful of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.

    How Does Getsuccessful Use Information Getsuccessful Collects from Cookies?

    As you use the Website, its cookies differentiate you from other Users. In some cases, Getsuccessful also uses cookies to prevent you from needing to log in more than is necessary for security. Cookies, in conjunction with Getsuccessful server’s log files, allow us to calculate the aggregate number of people visiting the Website and which modules in the site are most popular. This helps Getsuccessful gather feedback in order to constantly improve the Website and better serve its customers. Cookies do not allow Getsuccessful to gather any personal information about you and Getsuccessful does not generally store any personal information that you provided to us in your cookies.

    Sharing Information with Third Parties

    The information Getsuccessful collects is used to improve the content of the Website and the quality of the Services, and is not shared with or sold to other organizations for commercial purposes. That being said, your information could be shared under the following situations: (a) Getsuccessful uses third parties to facilitate its business, including, but not limited to, sending email and processing payments. In connection with these offerings and business operations, these third parties may have access to your personal information for use in connection with those business activities; (b) as Getsuccessful develops its business, Getsuccessful may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions; (c) Getsuccessful may also transfer such information in the course of corporate divestitures, mergers, or any dissolution; and (d) If it becomes necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms, or as otherwise required by law.

    Notice of New Services and Changes

    Occasionally, Getsuccessful may also use the information Getsuccessful collects to notify you about important changes to the Website, new services, and special offers Getsuccessful thinks you will find valuable. As Getsuccessful’s customer, you will be given the opportunity to notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.

    Disclosure of Information that Getsuccessful Collects

    Except as otherwise described in this privacy statement, Getsuccessful will not disclose personal information to any third party unless Getsuccessful believes that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Getsuccessful, whether or not a response is required by applicable law; (2) to enforce these Terms or to protect its rights; or (3) to protect the safety of members of the public and Users. Getsuccessful reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Getsuccessful or substantially all of its assets to that successor in interest. For more information see the “Changes in Getsuccessful Privacy Policy” section below.

    Changes in Getsuccessful’s Privacy Policy

    From time to time Getsuccessful may make changes to its privacy policy. If Getsuccessful makes changes, Getsuccessful will post them on the Website to make Users aware of what the changes are so Users will always be aware of what information Getsuccessful collects, how Getsuccessful uses it, and when Getsuccessful may disclose it. A User is bound by any changes to the policy when she or he uses the site after those changes have been posted; provided, however, if Getsuccessful will use Users’ personally identifiable information in a manner materially different from that stated on the Website in these Terms at the time of collection, then Getsuccessful will notify Users of this change in the privacy policy by posting a notice on the Website for at least 30 days prior to the change taking effect.

    What About Other Sites Linked to This Website?

    Getsuccessful is not responsible for the practices employed by other sites linked to or from the Website nor the information or content contained therein. Often links to other sites are provided solely as pointers to information on topics that may be useful to Users. Please remember that when you use a link to go from the Website to another site, Getsuccessful’s Privacy Policy is no longer in effect. Your browsing and interaction on any other site, including sites which have a link on the Website, is subject to that that own site’s own rules and policies. Please read over those rules and policies before proceeding. Getsuccessful shall have no liability or responsibility to Users arising from or relating the privacy or information policies, if any, of any third party site.

    Your Consent

    By accessing the Website and using the Services you consent to Getsuccessful’s collection and use of your personal information as described in Getsuccessful’s Privacy Policy. If Getsuccessful changes its privacy policies and procedures, Getsuccessful will post those changes on the Website to keep Users aware of what information Getsuccessful collects, how Getsuccessful uses it and under what circumstances Getsuccessful may disclose it to third parties.