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Terms of Service

Systems Success Pro LLC  (“SSP,” “we,” “us,” or “our”) welcomes you.  We provide you access to our tools and services (our “Services”) through our Website (https://systemssuccesspro.com/) and SSP platform (the “Platform”) subject to these Terms of Service (the “Terms”), which may be updated by us from time to time without notice to you.  By accessing and using our Services, you acknowledge that you have read, understood, and agree to be legally bound by the Terms of Service and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”).  

You accept the Agreement and agree to be legally bound by the same. In the event of any ambiguity or discrepancy between these Terms and the Privacy Policy and or any policies/ guidelines, the provisions of the Terms shall prevail.  

In case You do not accept these Terms and the Privacy Policy, You are not permitted to register, access, or use the Services. If You are an individual acting on behalf of an entity, You represent and warrant that You have the authority to accept these Terms on behalf of such entity.  If You do not wish to accept the Terms stated herein, please do not register, access, or use the Services. 

Users who violate these Terms may have their access and/or use of the Services. suspended and/or terminated, at SSP sole discretion.

We may revise and update these Terms from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access and use.  Please look at the “LAST UPDATED” legend below to see when the Terms were last revised.  

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.  You are expected to check this page from time to time so that you are aware of any changes because they are binding on you.

  1. AGE REQUIREMENTS

This Website is offered and available to users who are 18 years of age or older.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with SSP and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 

  1. Definitions.

Throughout the Terms, the following defined terms shall mean: 

“Organization” – shall refer to the purchaser of the Services and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on your behalf.

“Administrator(s)” – shall mean the individual who initiated the Services and is assumed by SSP to have the sole authority to administer the subscription and bind the Organization.

“Authorized User(s)” shall mean an individual subscriber or the partners, members, employees, temporary employees, and independent contractors of an Organization with a subscription to the Service who have been added to the account as users. 

“Users” shall collectively mean Administrators or Authorized Users, who use the Platform.  

  1. FEES

The use of the Platform requires fees to use. You are responsible to SSP for any fees applicable to the Services you choose and for the number of Users that use the Platform. You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that you will be charged. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment methods, but your charge is rejected for any reason, there may be a hold on your use of the Services until SSP will facilitate the transaction through its designated payment processor, to charge your specified credit card, debit card, or other payment methods for such fees as provided through the registration process. Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars.  Except as required by law or stated in the Termination Policy below [hyperlink to policy], all fees are nonrefundable.

SSP and its partners reserve the right to refuse or terminate any payment at any time at its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment methods, but your charge is rejected for any reason, there may be a hold on your use of the Platform until payment is received.

  1. 4. TERM.

Subscriptions.  Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the SSP. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions. 

Fixed-term subscriptions. Paid fixed-term subscriptions start on the day the payment is received by the SSP and last for the subscription period chosen by you or otherwise specified during the purchasing process (i.e. monthly or annual). Once the subscription period expires, the Services shall no longer be accessible, unless you renew the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term. 

Automatic renewal. Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Website. The renewed subscription will last for a period equal to the original term. You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal. 

  1. SIGN-IN NAME, PASSWORDS; UNIQUE IDENTIFIERS

If you wish to become a User, you will be prompted to create an account (“Account”), which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”).  When creating your account, you must provide true, accurate, current, and complete information.  Each Sign-In Name and corresponding Password can be used by only one User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name or change any Unique Identifier.  We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.  SSP will not be liable for any loss or damage caused by any unauthorized use of your Account.

The initial Administrator shall have the authority to administer the subscription and designate additional Authorized Users and/or Administrators. Each Organization may designate multiple Authorized Users as Administrator. Any Administrator shall be deemed to have the authority to manage the subscription and any Authorized Users. The Administrator will deactivate an active Username if the Administrator wishes to terminate access to the Service for any Authorized User.

Administrators are responsible for all use of the Platform by Authorized Users on the list of active Authorized Users associated with their subscription to the Platform.

  1. RESTRICTION OF USE 

By accessing and/or using the Services, you agree to comply with the following restrictions on use:

 

  • You will comply with all applicable federal, state, local, or international laws in your use of the Services (including, without limitation, any laws regarding the export of data or software to or from the United States or other countries) and will not use the Services for any unlawful or otherwise fraudulent purpose.
  • You will not upload, post, e-mail, transmit or otherwise make available any User Content (as defined below) that violates the Content Standards, as stated in Section 11 below. 
  • You will not use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or asking for personally identifiable information.
  • You will not “stalk,” threaten, or otherwise harass another person.
  • You will not access or use the Services to collect any market research for a competing business.
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
  • You will not transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Services.
  • You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
  • You will not use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • You will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
  • You will not attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • You will not otherwise attempt to interfere with the proper working of the Services.
 
  1. RELIANCE ON INFORMATION POSTED

The information presented on or through the Platform, Services, and any of their associated websites, social media pages, newsletters, or documents is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other User, or by anyone who may be informed of any of its contents.  

 

The Services may include content provided by third parties.  All statements and/or opinions expressed in these materials, including all User Content, and all articles and responses to questions and other content, other than the content provided by SSP, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of SSP.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

  1. INTELLECTUAL PROPERTY

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, documents, materials, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SSP, its third-party licensors, or other providers of such material (“Content”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.   

These Terms permit you to use the Services for lawful internal, businesses purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the SSP.  You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of Services materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media sharing features  with certain content, you may take such actions as are enabled by those features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights or notices from copies of materials from this site.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.

  1. TRADEMARKS

The trademarks, service marks, and logos of SSP (the “SSP Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of SSP. Other SSP, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with SSP Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of the SSP Trademarks inures to our benefit.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

  1. USER CONTENT

The Platform provides the User the opportunity to submit information, standard operating procedures, internal policies and other content (collectively, “User Content”). You expressly acknowledge and agree that once you submit your User Content, it may be accessible by others within your Organization and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available.  All User Content shall be governed as stated in the Privacy Policy.  YOU, AND NOT SSP, ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICES, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH ANY SUCH USER CONTENT.

You retain all copyrights and other intellectual property rights in and to your own User Content.  You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for-profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.  

If you submit User Content to us, each such submission constitutes a representation and warranty to SSP that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant to SSP the license to the User Content as set forth above, and that it and its use by SSP and third parties as permitted by this Agreement does not and will not violate the Content Standards, as stated in Section 11 below.

 

  1. CONTENT STANDARDS

These content standards apply to any and all User Content and use of the Services.  User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or other class protected by law.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act, including but not limited to the promotion or use of illegal drugs or underaged drinking of alcohol.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.


We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or to any portion of the Services, without notice.

  1. THIRD-PARTY SOURCES AND CONTENT

The Services may enable you to view, access, link to, and use content from Third-Party Sources (as defined below) that are not owned or controlled by us (“Third-Party Content”). The Services may also enable you to communicate and interact with Third-Party Sources. “Third Party Source(s)” means (i) third party websites and services; and (ii) our partners and Users. 

We do not accept, claim or take responsibility for any Third-Party Content as posted on our Services. Any transaction, hyperlinking, or mention of Third-Party Content including, not limited to websites, media, articles, etc. as posted by you, is between you and the Third Party. By using any Third-Party Sources, whether through a link provided by the Services, integration with the Services, or independently, you agree to any terms established by the Third-Party Sources and shall not hold SSP responsible for any claims that arise due to your use of Third-Party Sources.  If you have any query or complaint regarding a Third-Party Source or any Third-Party Content, you agree to contact the Third-Party Source directly.

  1. LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.
  • Send emails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with.  Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Services other than the homepage.
  • Otherwise take any action with respect to the materials on this Services that is inconsistent with any other provision of these Terms.
 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our sole discretion.

  1. TECHNICAL REQUIREMENTS AND RESPONSIBILITIES

We may alter, suspend, or discontinue the Services, in whole or in part, at any time and for any reason at our sole discretion, we will make efforts to provide notice of the same, when reasonably possible. We may restrict access to portions of our Services, for some or all Users, from time to time. The Service may also periodically become unavailable due to maintenance or malfunction of computer equipment, server issues, or for other reasons. You acknowledge and agree that we are not obligated to continue offering, supporting, or updating the Services and that we make no commitment to do so.

We make our best efforts to ensure that our Platform is always available, but we do not guarantee that the operation and/ or access to our Platform will be uninterrupted or continuous. Further, given the nature of the business and the constantly evolving nature of technologies of the industry we are in, we cannot guarantee complete security and safety over any information, data, or User Content that may be uploaded, shared, hosted, displayed, or transmitted using our Platform. Our Platform may not be fully immune to any planned, unplanned, or incidental issues relating to data breaches, shutdowns, or technological issues and may also be interrupted for reasons, including but not limited to, maintenance, repairs, upgrades, network or equipment failures, and or due to government action and or malicious third-party intervention.

You are responsible for configuring and keeping updated Your information technology, computer programs, devices, platforms, or operating systems and security in order to access and/ or use our Services. In order to use our Services, you must ensure to use devices, software, internet connections, and data connections that are required to access and use our Services. You acknowledge that any failure to use up-to-date software or devices or high-speed internet or data connections will result in poor performance or non-performance of our Services, and you will not hold us responsible for the same. You agree that we will not be held responsible for any consequences to You or any third party that may result from technical problems including without limitation in connection with the internet (such as slow connections, traffic congestion, or overload of our or other servers) or any telecommunications or internet providers.  

  1. PRIVACY

Kindly refer to the Privacy Policy for further understanding of how we collect, store, protect and process the data collected through our Services. 

  1. COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act, we have designated the person listed below as our agent (“IP Agent”) to receive notifications of alleged copyright or other intellectual property infringement by our Services.  We respect the intellectual property of others and ask our users to do the same.  If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide our IP Agent the following information (the “IP Notice”):  

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;  
  • a description of the copyrighted work or other intellectual property that you claim has been infringed; 
  • a description of where the material that you claim has been infringed is located within the Services;  
  • your address, telephone number and email address; 
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law;  and  
  • a statement by you, made under penalty of perjury, that the information in your IP Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our IP Agent for transmitting the IP Notice for claims of copyright or other intellectual property infringement can be contacted at: 

 

IP Agent – [email protected]

 

  1. TERMINATION 

These Terms will continue to apply until terminated, which may be by way of actual termination, deactivation, or unsubscribing, by either You or by us, as follows:

  • Recurring subscriptions may be terminated by sending a clear and unambiguous termination notice to _________ 30 days’ prior to the next renewal payment.  We reserve the right to suspend or terminate Your Account as a consequence of suspending or terminating Your access to the Platform/ Services without notice and at our sole discretion if we reasonably believe:
    • You fail to pay any fees when due;
    • You are in serious and or repeated breach of these Terms;
    • You are using the Platform/ Services in a manner that would cause risk or harm or loss to us, other Users, third parties, or the public;
    • We are requested to do so by government or regulatory authorities or as required under applicable laws, regulations, or legal processes; or
    • Our provision of the Platform/ Services to You is no longer possible or commercially viable; or
    • For any other reason, entirely at our discretion including for convenience.
  • Upon termination of Your Account and or Your access or use of the Platform/ Services, these Terms will also terminate except for those clauses which are intended to survive.
  • Upon termination, the User Content will be available to You for a period of 30 days from the effective date of termination in order to allow for downloading of any Customer/ User Content. After such a period the User Content, subject to the terms of the Privacy Policy, will be automatically deleted by us unless we are required to retain the same in accordance with applicable laws. Failure to download/ copy any or all of the User Content within this time frame shall not give You the right to hold us liable for such deletion or data loss. Termination or suspension of Your Account due to failure to make payment by You shall result in complete restriction of access to the Platform/ Services. You shall not have the option to download any of the User Content until payment is fully cleared.
  • If we consider it necessary or appropriate at our sole discretion, we will report any breach of these Terms to law enforcement authorities and we will cooperate with such authorities by disclosing Your or Your Users’ identity and providing any information about You and Your Users within our systems to them.

YOU WAIVE AND HOLD HARMLESS SSP AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  1. GEOGRAPHIC RESTRICTIONS

The owner of the Services is based in the State of Maryland in the United States and the Services are not intended to subject SSP to any non-U.S. jurisdiction or law.  We make no representation that the content provided through the Services are applicable, available or appropriate for use in jurisdictions other than the United States of America.  If you access our Services from outside of the United States, please be aware you are responsible for compliance with any applicable local laws.  To the extent that any applicable local laws prohibit your viewing and use of the Services, you may not view or use the Services.  Any use of the Services is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so.  We may limit the availability of the Services at any time, in whole or in part, to any person or geographic area that we choose.

 

  1. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY SOURCES LINKED TO OR INTEGRATED IN IT.

YOUR USE OF THE SERVICES AND THEIR CONTENT IS AT YOUR OWN RISK. THE SERVICES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SSP NOR ANY PERSON ASSOCIATED WITH SSP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SSP NOR ANYONE ASSOCIATED WITH SSP REPRESENTS OR WARRANTS THAT THE SERVICES AND THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES AND THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SSP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SSP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SSP, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, any use of the content obtained from the Platform.

  1. GOVERNING LAW AND JURISDICTION

All matters relating to the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal or state courts having jurisdiction over Montgomery County, Maryland although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your place of residence or any other relevant venue. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. ARBITRATION

Except for actions by SSP arising from non-payment of any monies due to SSP, and requests for injunctive or other extraordinary relief, each of which may be pursued in a court of law having competent jurisdiction, any dispute arising out of or in connection with the relationship of the parties and/or this Agreement shall be resolved by binding arbitration conducted by an arbitrator.  To commence arbitration, the party desiring arbitration shall notify the other party in writing of its desire to arbitrate, which shall include a brief description of the disputes and/or issues to be arbitrated (“Arbitration Notice”).  If the parties are unable to mutually agree upon the selection of the arbitrator within thirty (30) days of the Arbitration Notice, then one shall be appointed and the arbitration shall be conducted pursuant to Title 3, Subtitle II of the Courts and Judicial Proceedings Article, Annotated Code of Maryland.  The arbitration proceedings shall be conducted in Montgomery County, Maryland.  The arbitrator shall not contravene or vary in any respect any of the terms and provisions of this Agreement.  The award of the arbitrator shall be final and binding upon the parties hereto, their heirs, administrators, executors, successors and assigns, and a judgment upon such award shall be entered in any court having jurisdiction.  In any proceeding, whether in court or in arbitration, the court or arbitrator may award to the prevailing party, as a recovery from the other party, all expenses, including, but not limited to, reasonable attorneys’ fees and/or the arbitrator’s fees incurred in instituting or defending such action.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON ANY INDIVIDUAL BASIS; CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

  1. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM WILL BE PERMANENTLY BARRED.

  1. WAIVER AND SEVERABILITY

No waiver by SSP of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SSP to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

  1. ENTIRE AGREEMENT

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and SSP regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

  1. CHANGES TO THE TERMS OF SERVICE

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use. Please look at the “LAST UPDATED” legend below to see when the Terms were last revised.  

Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes because they are binding on you.  

  1. YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us via: support@systemssuccesspro.com

LAST UPDATED: November 11, 2024

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