Terms & Conditions
Welcome to the howtosucceedinbusiness.com website (the “Website”), a website owned and operated by Truvic Productions, Inc.
I. LICENSES AND RESTRICTIONS 1
II. TRADEMARKS 2
III. CONTENT 2
IV. EXPORT 3
V. PRICES 3
VI. RISK OF LOSS 4
VII. PRODUCT DESCRIPTION 4
VIII. AGE OF USERS 4
IX. TERMINATION OF USAGE 4
X. INDEMNITY 5
XI. PASSWORD AND ACCOUNT SECURITY 5
XII. DIGITAL CONTENT 5
XIII. INTERACTIVE COMMUNITY 6
XIV. NOTICES 9
XV. DISCLAIMERS AND LIMITATION OF LIABILITY 9
XVI. SEVERABILITY 11
XVII. APPLICABLE LAW; JURISDICTION 11
XVIII. DISPUTE RESOLUTION 11
XIX. DIGITAL MILLENNIUM COPYRIGHT ACT. 12
XX. ADDITIONAL TERMS AND CONDITIONS 12
XXI. ACKNOWLEDGMENT 13
XXII. MODIFICATION 13
The foregoing licenses do not include any rights to:
modify, download (other than page caching), reproduce, copy, or resell the Website, the Content or any portion or derivative thereof;
commercially use the Website, the Content or any portion derivative thereof (unless User has a business relationship with Truvic);
copy or download any User’s account or profile information for the benefit of any third party;
enable high volume, automated, electronic processes that apply to the Website or its systems, the Content or any portion or derivative thereof;
use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Website or its systems, the Content or any portion or derivative thereof for any purpose;
interfere or attempt to interfere with the proper working of the Website;
bypass any measures used to prevent or restrict access to any portion of the Website, the Content or any portion or derivative thereof;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website;
use Truvic’s name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or
compile, repackage, disseminate or otherwise use data extracted from the Website.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Truvic’s express written consent (which may include a written agreement signed by an authorized representative of Truvic). Any unauthorized use of the Website, the Content or any portion or derivative thereof shall terminate any license or permission granted by Truvic.
User acknowledges that the Website contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Truvic owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Website. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. § 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining express written permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
Truvic may or may not be a distributor or a publisher of Content supplied by third parties and Users. With respect to Content for which Truvic is not a distributor or publisher, Truvic has no editorial control over such Content. Truvic is not obligated to review such Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Truvic, unless expressly stated otherwise. Truvic makes no representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content may represent the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Truvic or its owners be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including Digital Content and User Created Content, available through the Website.
Please note that this policy regarding prices applies only to items sold and shipped by Truvic. Any purchases of items provided by any third-party sellers on the Website may be subject to different policies in the event of an incorrectly priced item.
In certain cases, in Truvic’s sole discretion, Truvic may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the Website has been terminated including the right to use, access or create any account thereon; (ii) that Truvic refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
User accepts full responsibility for all activities that occur within such User’s Website account or within the Website interactive community.
Users may generally browse, preview, or search Digital Content without having to purchase or download the Digital Content. In order to be able to purchase and/or download Digital Content, a User must first open a Website account; the User may need to provide valid credit card information and the User’s billing address to the Website; and may need install one or more specialized software applications (the “Website Software”) onto their computer or electronic reading device(s), if such Website Software is not already preloaded. At the time of installation, Truvic grants User a non-exclusive, revocable license to download and make personal, non-commercial use of the Website Software solely for the purpose of downloading, purchasing, accessing, reading and using Digital Content, all subject to the terms of the Website Software End User License Agreement.
Truvic reserves the right to automatically update, modify and/or reinstall the Website Software. The Website Software is subject to restriction and/or revocation for security purposes or other purposes as determined by Truvic.
There may be separate end user license agreements you may need to accept in connection with specific hardware or software you may use to interact with the Website Software. Your failure to accept and agree to the terms of those agreements may prevent, restrict and/or limit your ability to use the Website Software.
You may not transfer the Digital Content from one electronic device to another without maintaining the applicable digital rights management solution for that Digital Content. You may not bypass, modify, defeat or circumvent any of the security features, special rules or other applications that protect the Digital Content.
Truvic reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available for re-download, if for example, the publisher of the Digital Content no longer retains the rights or other licenses, consents or permissions to that Digital Content. Digital Content already downloaded to your device[s] will not be affected.
You may not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the Website Software or Digital Content; (ii) create derivative works from or of the Website Software or Digital Content; (iii) bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the Website Software or Digital Content; (iv) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content; or (v) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Content available to any third party.
The Website may now or in the future offer numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services (“Interactive Community”). This Section XIII, Interactive Community, applies to the activities of persons who are using interactive services on the Site (“Interactive Community Users”). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the Website clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature.
TRUVIC HAS A STRICT POLICY AGAINST USE OF THE WEBSITE FOR THE PURPOSE OF BULLYING, PERSONAL ATTACKS, VULGARITY, AND/OR ANY OTHER TYPE OF HARASSMENT AGAINST USERS OR ANY THIRD PARTIES. IF TRUVIC SHOULD BECOME AWARE OF ANY SUCH ACTIVITY, TRUVIC RESERVES THE RIGHT TO RESTRICT ANY USER INVOLVED IN SUCH ACTIVITY FROM THE WEBSITE.
Truvic reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.
If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the Flag feature on the page in question.
Notwithstanding the foregoing, Truvic assumes no responsibility for ongoing monitoring of the Website or for removal or editing of any User Created Content, even after receiving notice. Truvic assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.
The Website online interactive community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Truvic does not specifically sponsor or endorse any of these sites or their services.
You may not post User Created Content that: involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Website; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Website, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Website or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Website in order to harass, abuse, or harm another person or entity, or attempting to do the same.
Interactive Community Users may upload to or otherwise submit to the Website for distribution on the Website only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Truvic to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” Truvic is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Truvic assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted Truvic, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to the Website retains any and all rights which may exist in such User Created Content.
The Website and the Website Software are provided by Website on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, each Website provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither Truvic nor any Website Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Website, or the information, Content, including Digital Content and User Created Content, the Website Software, and materials or products included thereon; (ii) that the Website or the Website Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including Digital Content and User Created Content, service, the Website Software, or merchandise provided through the Website; or (iv) that the Website, its servers, the Website Software, Content, including Digital Content and User Created Content, or e-mails sent from or on behalf of Truvic or the Website are free of viruses, scripts, trojan horses, worms or other harmful components.
Truvic does not guarantee the continuous, uninterrupted or secure access to the Website, the Website Software, or any related services. The operation of the Website and the Website Software may be interfered with by numerous factors outside the control of Truvic.
Under no circumstances shall Truvic or any Website Provider be liable for any damages that result from the use of or inability to use the Website, including but not limited to reliance by a User on any information obtained from the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Truvic’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content, the Website Software, merchandise, and services available through the Website.
Neither Truvic nor any Website Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Website, the Website Software, or the purchase or download of any Content, including Digital Content, or product therefrom, even if Truvic or any Website Provider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
Each of Truvic and User agrees to submit to the exclusive personal jurisdiction only in the state and federal courts located within Los Angeles County, California and waives any objection to the laying of venue of any litigation in said courts.
Alternatively, at Truvic’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. Truvic reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
Copyright Policy: http://www.howtosucceedinbusiness.com /include/copyright.asp (also accessible via a link on the bottom of the Website pages); and