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Confessions for Success Terms of Use
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Terms of Service
The following Terms of Service (“Terms”) govern your ("User") access to and use of the services and Confessions for Success' website (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (hereafter referred to as “Content”). User access to and use of the Services is contingent on acceptance of and compliance with these Terms. By accessing or using the Services Users agree to be bound by these Terms.

Basic Terms
Users are accountable for use of the Services, for any content User posts and submissions to the Services, and for any repercussions thereof. The Content Users submit will be stored in the database of the Services. Third Parties and other Users will not be permitted access to User posts/submissions. Users should only provide Content that User is comfortable with being stored within Services and communicated to User via email and text message ("TXT" or "MMS") under these Terms.

Hint: User should only subscribe to or enter submissions or posts for which they wish to receive via text messages or email messages.

User may access the Services only if User can create a Legally binding contract with Confessions for Success and are not a User restricted from receiving services under the laws of the United States or other applicable jurisdiction. User may access the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Confessions for Success offers are developing and Confessions for Success may at any time change the Services without prior notice to the Users. Additionally, Confessions for Success is permitted to halt (temporarily or permanently) providing the Services (or any features within the Services) to Users without prior notice to Users. Confessions for Success also holds the right to create limits on use, storage, or number of allowed submissions or posts (per time period) at our individual determination at any time without prior notice to Users. Confessions for Success also holds the right to at any future date to implement fees associated with continued use of the Services or portions of the Services by giving Users 30-day Notice of this change.

The Services may include the following: advertisements and/or links to external websites, which may be specifically directed to the Content (posts or submissions) or information on the Services, inquiries made through the Services, and/or related information. Advertising by Confessions for Success on the Services are subject to change, including kind and amount. In consideration for Confessions for Success granting User privilege to and use of the Services, User agrees that Confessions for Success and all third party providers or partners may include advertising on the Services or in the display of Content or information from the Services submitted by User.

Privacy
All information provided to Confessions for Success by User is subject to our Privacy Policy, which controls our gathering and use of User information. User understands that through User use of the Services User consents to the gathering and use (As stated by Privacy Policy) of this Content and information, including the transfer of this information to the United States and/or other foreign countries for storage, processing and use by Confessions for Success. In the course of providing Services, Confessions for Success may need to communicate updates to policies, administrative information, or other service messages. These communications are considered part of the Services provided by Confessions for Success and there may not be any option to opt-out of receiving such messages.

Hint: When there are additional, non-Services related communications ("Notices") available options to opt-out of these may be provided in the User settings.

Passwords
Users are bound to safeguarding the password that User sets to access the Services and for any activities or actions taken under User password. For this reason Confessions for Success strongly endorses User to use “strong” passwords (strong passwords must use a combination of upper and lower case letters, numbers and symbols) with User's account. At this time Confessions for Success does not intend to require User to change the password to User's account on a predetermined schedule, however Confessions for Success reserves the right to implement such a policy at any time in the future. Confessions for Success cannot and will not be liable for any loss or damage arising from User failure to comply with the above requirements.

Content on the Services
Any and all Content, is the sole responsibility of the individual User who originated the Content. Confessions for Success may not supervise or control the Content posted via the Services and, Confessions for Success cannot take responsibility for such Content. Any use or dependence on any Content or other materials posted via the Services or obtained by Users through the Services is at User's own risk.

Confessions for Success does not approve or otherwise endorse, uphold, represent or provide guarantee of the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. User understands that by using the Services, User may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, mislabeled or are otherwise deceptive. Confessions for Success will under no circumstances be held liable in any way for any and all Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, submitted, emailed, text messaged, transmitted or otherwise made available via the Services.

Hint: Confessions for Success recommends that Users backup any posts or submissions on the Services so that Users do not inadvertently lose Content.

User Rights
Users retain rights to any Content User submits, posts or displays on or through the Services. By submitting, posting or displaying Content on or through the Services, Users grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, adapt and use User Content (e.g. submissions and posts) by Confessions for Success to create subscriptions or templates for other Users. No User will be identified (see privacy policy) for such adaptation and use of User Content by Confessions for Success. We do not make public distribution of submissions and posts as such Content is considered private to User.

Hint: This portion allows Confessions for Success to send User's posts and submissions to User. All content submitted by User is owned by the User.

Such additional uses by Confessions for Success, or other companies, organizations or individuals who partner with Confessions for Success, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Users are responsible for User use of the Services, for any Content User provides, and for any results or reppercussions thereof, including the use of your Content by our third party partners. Confessions for Success will not be responsible or liable for any use of User Content by Confessions for Success in accordance with these Terms. Users represent and warrant that User has all the rights, power and authority necessary to grant the rights granted herein to any Content that User submits.

Confessions for Success gives Users a personal, worldwide, non-assignable and non-exclusive license to use the software that is provided to Users by Confessions for Success as part of the Services. This license is for the sole purpose of enabling Users to use and enjoy the benefit of the Services as provided by Confessions for Success, in the manner permitted by these Terms.

Confessions for Success Rights
All rights, title, and interest in and to the Services (excluding Content provided by Users) are and will remain the exclusive property of Confessions for Success and its licensors. The Services are protected by copyright, trademark, and/or other laws of both the United States and foreign countries. Nothing in the Terms gives User a right to use the Confessions for Success name or any of the Confessions for Success trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions Users may provide regarding Confessions for Success, or the Services is voluntary and Confessions for Success will be free to use such feedback, comments or suggestions as Confessions for Success sees fit and without any obligation to Users.

Restrictions on Content and Use of the Services
Confessions for Success reserves the right at all times (without any obligation) to remove or refuse access to any Content on the Services and to terminate Users or reclaim usernames. Please review the Confessions for Success Regulations and Rules (included in these Terms) to better grasp what is permitted or forbidden on the Service. Confessions for Success also reserves the right to access, read, preserve, and disclose any information as Confessions for Success reasonably believes is necessary to (A.) satisfy any applicable law, regulation, legal process or governmental request, (B.) enforce the Terms, including investigation of potential violations of stated Terms, (C.) detect, prevent, or otherwise address fraud, security or technical issues, (D.) respond to User support requests, or (E.) protect the rights, property or safety of Confessions for Success, its Users and the public.

Hint: Confessions for Success does not make public personal or identifying information to third parties except as as specified above or in our Privacy Policy.

Users are not permitted to do any of the subsequent while accessing or using the Services: (A.) access, tamper with, or use non-public areas of the Services, Confessions for Success' computer systems, or the technical delivery systems of Confessions for Success providers; (B.) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (C.) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through presently available, published interfaces that are provided by Confessions for Success (and only following those terms and conditions), unless User has been specifically permitted to do so in a separate agreement with Confessions for Success (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Confessions for Success is expressly prohibited); (D.) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (E.) interfere with, or disrupt, (or endeavor to do so), the access of any User, host or network, including, but without limitation; sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create excessive burden on the Services.

Copyright Policy
Confessions for Success respects the intellectual property rights of others and expects Users of the Services to do the same. Confessions for Success will respond to notices of alleged copyright infringement that comply with applicable law and are properly presented to us. If User believes that User Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (A.) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (B.) identification of the copyrighted work claimed to have been infringed; (C.) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (D.) User contact information, including User address, telephone number, and an email address; (E.) a statement by User that User has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (F.) a statement that the information in the notification is accurate, and, under penalty of perjury, that User is authorized to act on behalf of the copyright owner.

Confessions for Success reserves the right to remove Content alleged to be infringing with no prior notice and at Confessions for Success' sole discretion. In appropriate circumstances, Confessions for Success will also terminate a User’s account if the User is determined to be a repeat infringer. Confessions for Success designated agent for notice of alleged copyright infringement appearing on the Services is:

          Confessions for Success
          c/o The Blumenthal Group
          10612-D Providence Road #351
          Charlotte, NC 20277

The Services are Available “AS-IS”
User access to and use of the Services or any Content is at User's own risk. User understands and agrees that the Services is provided to User on an “as it stands” and “when available” basis. Without limiting the above statement, Confessions for Success and any partners decline and dismiss any Warranties, express or implied of merchantability, fitness for a particular purpose, or non-infringement. Confessions for Success makes no warranty and dismisses all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content contained therein. Confessions for Success will not be responsible or liable for any damage or other harm to User's computer system, loss of data, or other damage or harm that results from User access to or use of the Services, or any Content. User also agrees that Confessions for Success has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Confessions for Success makes no warranty that the Services will meet User requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Confessions for Success or through the Services, will create any warranty not expressly declared within these Terms.

Links
The Services may contain links to third-party websites or resources. User acknowledges and agree that we are not responsible or liable for: (A.) the availability or accuracy of third-party websites, resources, or external materials; or (B.) the content, products, services, or stated views on or available from such websites or resources. Links to third-party websites, resources, or external materials does not indicate or intend any endorsement by Confessions for Success of such websites or resources or the content, products, services, or opinions available from such websites or resources. User acknowledges singluarl responsibility for and assumes and and all risk(s) arising from User's use of any such third-party websites, resources, or external materials.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONFESSIONS FOR SUCCESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CONFESSIONS FOR SUCCESS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to those Users.

Waiver and Severability
The failure of Confessions for Success to enforce any stated right or provision herein of these Terms will not be regarded a waiver of stated right or provision. In the event that any portion or provision of these Terms is deemed to be invalid or not enforceable, the remainder of stated provisions of within these Terms remain in full force and effect.

Controlling Law and Jurisdiction
These Terms and any action related to enforcing the statements herein will be governed by the laws of the State of North Carolina without regard to or application of its conflict of law provisions or User's state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Union County, North Carolina, and User consents to the jurisdiction of and location in these courts and waive any and all objection as to inopportune location or setting. If User is agreeing to these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to User but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of North Carolina (excluding choice of law).

Entire Agreement
These Terms, the Confessions for Success Rules and Privacy Policy are the entire and exclusive agreement between Confessions for Success and User regarding the Services (excluding any services for which you have a separate agreement with Confessions for Success that is specifically in addition to or in substitution of these Terms), and these Terms supersede and replace any prior agreements between Confessions for Success and User regarding the Services.

Confessions for Success may revise these Terms periodically, however the most current version will always be available at http://www.confessionsforsuccess.com/index.php?t=terms. If the revision, in the discretion of Confessions for Success, is relevant to Users Confessions for Success will notify Users via a notice or announcement on the website, and/or an email to the User's associated email address. By accessing or using the Services in an ongoing way subsequent to any revisions, the revisions become effective and enforceable and Users agree to be bound by the revised Terms.

These Services are operated and provided by Confessions for Success.

          Confessions for Success
          c/o The Blumenthal Group
          10612-D Providence Road #351
          Charlotte, NC 20277

If Users have any thoughts or questions about these Terms, please contact us.

This policy is effective as of 03 January 2010
 




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