Online Purchase Terms
Acceptance of Terms and Conditions for Online Product Purchases
This Acceptance of Terms and Conditions for
Online Purchases (the “Agreement“)
sets forth the terms of the relationship between the Success Resources
Ventures, an England & Wales limited partnership (“SRV“), with offices located at 90 Paul Street, London, UK and you
as the purchaser or consumer (“you“)
as it relates to the purchase of goods and services offered online through
SRV’s website and/or related online links (the “Online Products”). You and SRV
may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.”
You expressly agree to the terms of this Agreement by purchasing one or more
Online Products.
- Term of Agreement.
This Agreement shall apply to your purchase of one or more Online Products
offered through SRV’s website and/or related online links.
- Online Products Used at Your Own
Risk. You acknowledge and agree that you
are not guaranteed to achieve any specific, personal, professional or
financial results or earn any specific amount of income by purchasing one
or more of its Online Products. SRV makes no promises, representations or
warranties concerning the viability of any goals, aspirations or
endeavours you may identify or choose to pursue during or as a result of
your purchase of one or more of its Online Products. You agree to use any
one of the purchased Online Products at your own risk. You are solely
responsible for any decisions and actions that result from your use of the
Online Products. SRV any one of the purchased Online Products at your own
risk. You are solely responsible for any decisions and actions that result
from your use of the Online Products. SRV does not provide psychological,
investment or financial advice. In addition, you are solely responsible
for taking all actions necessary to ensure your medical safety.
- Refund Policy.
All Online Products are nonrefundable. Any purchase by you is deemed
completed upon submission and acknowledgement that the form of payment
provided in connection with the transaction may be charged by SRV.
- Ownership Rights and Proprietary
Information. SRV and its affiliated entities own
all right, title and interest (including all intellectual property rights
throughout the world) relating to any and all works of authorship,
designs, know-how, ideas, course materials, products, services and
information made by SRV (or its affiliated entities) or conceived or
reduced to practice, in whole or in part, by SRV (or its affiliated entities)
in connection with the Online Products or any Proprietary Information (as
defined below). You agree that all materials provided by SRV as part of
Online Products, which are confidential and proprietary in nature, will
constitute SRV’s “Proprietary Information.”
You will personally use all materials related to the Online Products and
not duplicate, replicate, distribute, copy or otherwise disseminate such
materials to third parties without the prior written consent of SRV.
- Intellectual Property.
You recognize and acknowledge that the trademarks, service marks, trade
names, logos, patents and copyrighted materials (the “SRV Intellectual Property“)
associated with the Online Products. You will not take any action that
would interfere with or infringe upon the SRV Intellectual Property,
including, but not limited to: (i) duplication or creation of works
(including any derivative works) that are the same or substantially
similar to the SRV Intellectual Property; (ii) registration, creation or
use of trademarks, service marks or domain names that are the same or
substantially similar to the SRV Intellectual Property; (iii) use,
manufacture, import, or sales of any product or service that infringes
upon the SRV Intellectual Property; (iv) use of any SRV Intellectual
Property in any social media website, newsgroup, page, association,
broadcast or other designation without the express written consent of SRV
and (v) any action that would pass off or create the appearance of an
association with or endorsement by SRV.
- Modification. SRV
may modify or amend any of the terms and conditions contained in this
Agreement, at any time and in SRV’s sole discretion, by posting a change
notice or a new version of the Agreement on the applicable link for
purchase of its Online Products or by otherwise advising you of the
amendment/modification. If any modification is unacceptable to you, your
only recourse is to terminate this Agreement. Your continued purchase of
any of SRV’s Online Products following the posting of a change notice or a
new version of the Agreement or following notice of the
modification/amendment will constitute your binding acceptance of the new
terms and conditions.
- Indemnification.
You will indemnify, hold harmless and defend SRV (as well as its members,
employees, instructors, vendors, independent contractors, service
professionals and affiliated entities) from and against any and all
claims, expenses, costs, causes of action and damages (including those for
personal injury, property damage and reasonable attorneys’ fees) resulting
from or arising out of your actions, your use of the purchased Online
Products or your violation of this Agreement or applicable law.
- Assignment.
You may not assign this Agreement (or any obligations under this
Agreement), by operation of law or otherwise, without SRV’s prior written
consent.
- Limitation of Liability. SRV
(as well as its members, employees, instructors, vendors, independent
contractors, service professionals and affiliated entities) shall not be
liable for any indirect, incidental, special or consequential damages of
any nature (including but not limited to claims for personal injury,
property damage, losses of revenue, profits, use or data) arising in
connection with this Agreement or your use of the Online Products, even if
SRV or its affiliated entities knew or should have known of the
possibility of such damages. Further, SRV’s aggregate liability arising
with respect to this Agreement and the applicable Online Products will not
exceed the total amounts paid or payable by you for purchase of the Online
Products.
- Governing Law; Class Action Waiver.
This Agreement will be governed by and construed in accordance with, the
laws of the England & Wales, without reference to rules governing
choice of laws. You irrevocably and unconditionally waive, to the fullest
extent permitted by law, any right you may have to participate as a
representative or member of any class of claimants in any class action
against SRV, or any of its affiliated entities, now or hereafter pending
relating to transactions evidenced by this Agreement or similar
transactions.
- Arbitration.
Any dispute or claim arising out of or related to this Agreement, its
performance, breach, or interpretation (including issues about its
validity or enforceability), will be exclusively (except as provided
below) resolved by binding arbitration as per Arbitration ACT 1996 or the
applicable legislation at the time. The arbitrator will use all reasonable
efforts to minimize discovery and to complete the arbitration proceedings
as expeditiously as possible. The Arbitrator will also render a written
decision setting forth detailed findings of fact and conclusions of law,
within 30 calendar days after the conclusion of the arbitration hearing.
The arbitrator will not award attorneys’ fees, or punitive, indirect,
incidental, special, consequential, treble or other multiple or exemplary
damages and the Parties hereby agree to waive and not seek such damages.
Either Party may seek judicial relief to compel the other Party to comply with
the provisions of this Section or seek injunctive or other equitable
relief to protect its intellectual property rights, as long as (unless
prohibited by applicable law) the remainder of the dispute or claim is
submitted to arbitration. The arbitration will be held in Las Vegas,
England & Wales. Both Parties hereby give their irrevocable consent to
the processes of the arbitration in England & Wales, as well as the
jurisdiction of the courts of England & Wales for enforcement
purposes. Awards will be final, binding and non-appealable (except on the
minimal grounds required under the Arbitration Act or other applicable
law). All awards may be filed with one or more courts, state, federal or
foreign, having jurisdiction over the Party against whom such award is
rendered or its property, as a basis of judgment and of the issuance of
execution for its collection.
- Legal Age.
By entering into this Agreement, you represent and acknowledge that you
are of legal age in the country or state the of your residency.
- Relationship of
Parties. You agree that by purchasing one or
more of SRV’s Online Products you are acting as an independent contractor,
and you are responsible for determining your own business activities.
Nothing in this Agreement will create a partnership, joint venture,
agency, franchise, sales representative, or employment relationship
between the Parties.
- Miscellaneous.
If any provision of this Agreement is determined to be illegal or
unenforceable, that provision will be limited or eliminated to the minimum
extent necessary so that this Agreement will otherwise remain in full
force and effect. SRV’s failure to enforce your strict performance of any
provision of this Agreement will not constitute a waiver of SRV’s right to
subsequently enforce such provision or any other provision of this
Agreement. This Agreement constitutes the entire understanding of the
Parties with respect to the subject matter of this Agreement, and revokes
and supersedes all prior or contemporaneous agreements, communications,
proposals or understandings, whether electronic, oral or written, between
the Parties and is intended as a final expression of their agreement.