LEGAL POLICIES & DISCLAIMERS:
Updated as of June 5, 2023
WELCOME TO PROTECT FOR SUCCESS™!
By accessing, participating in, or purchasing any of our digital courses (a “Course” or “Courses”) and/or by using or accessing this website or affiliated sites and web hosts and social media (collectively, referred to as the “Website”), you (“you” or “Student”) explicitly agree to the terms, conditions, legal policies (including our privacy policy), and disclaimers (collectively, the “Policies”) below; all of which shall create a binding legal document (the “Agreement”) between you and Protect for Success, LLC (“Protect for Success” or “we” or “us”). You also acknowledge that you are at least 18 years of age. If you do not want to agree to our Policies, or you are not yet 18 years old, then you may not purchase or access the Website or any of the Courses.
DISCLAIMERS:
- THIS IS NOT LEGAL OR PROFESSIONAL ADVICE: Protect for Success, LLC, the company selling the Protect for Success™ Courses, is not a law firm. No attorney-client or other type of professional relationship is created between you and us or Stephanie Pottick (one of the creators of, as well as the person narrating, the Courses) if you access this Website and even if you purchase any Course. Nothing on the Website and nothing in the Courses is intended as, nor shall be construed or understood as, legal advice. You would have to hire an attorney separately if you have specific questions or The Website, Courses, and Course Materials (defined below) are for educational and informational purposes only and not intended as professional or specific advice (legal, tax or otherwise) to you. For specific advice for your particular situation, you should hire legal, tax and other professionals who can help you.
- THERE IS NO GUARANTEE OF RESULTS AND EARNINGS: While we are rooting for you and want you to succeed, creating, launching, licensing or selling a successful product, service or brand is not easy. Results and earnings are not guaranteed and will vary depending on many factors, including without limitation, your ideas, brands, products or services, the effort you put into your creations and projects, the amount of money you are able to invest in your business and whether you can find third parties to buy or license your ideas, services or products. Prior results, examples, and testimonials provided do not guarantee similar outcomes. You understand and agree that you are responsible for your own actions and
CHANGES TO OUR POLICIES: Protect for Success may revise and update the Policies from time to time in our sole discretion. All changes are effective immediately when posted. Your continued use of the Courses and Website following the posting of revised policies means that you accept and agree to the changes. You are expected to check our Legal Policies & Disclaimers page every time you visit so you are aware of any changes, as they are binding on you.
7 DAY SATISFACTION GUARANTEE / REFUND POLICY:
- We are happy to offer a 7 Day Satisfaction Refund requests for any Course must be received via e-mail by Protect for Success at [email protected] within seven (7) days after you purchase a Course (regardless of whether you access it or not). So for example, if you purchase a Course on Monday, June 19, 2023 (regardless of time access is given), you must notify us you want a refund before Sunday, June 25, 2023 at 11:59pm Eastern Standard Time. NO REFUNDS WILL BE GRANTED OR ISSUED THEREAFTER.
Upon determining that you are entitled to a refund pursuant to the Policies, Protect for Success will promptly issue an instruction to its payment processor to issue the refund for what you have been charged for that Course. Protect for Success does not control the payment processor and will not be able to expedite any refunds. Refunds shall be determined in our sole discretion.
If you receive a refund of any purchase as permitted herein, that shall immediately terminate any and all licenses granted to you to use the materials provided and you would lose your access to that Course and the corresponding Course Materials. If granted a refund, you agree to immediately stop using that Course(s) and Course Materials and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, handouts, template documents, slide shows, and other resources.
- HOW TO REQUEST A REFUND: To request a refund, you must e-mail us at [email protected] with the subject line: REFUND REQUEST and tell us you want a refund and which Course or Courses you want a refund for. You must request the refund within the time period specified above or we will not be required to issue you a refund.
PROTECT FOR SUCCESS OWNS THE INTELLECTUAL PROPERTY TO THE WEBSITE, COURSES AND COURSE MATERIALS / YOU ARE GETTING A PERSONAL LICENSE TO USE THEM / HERE’S WHAT YOU CAN AND CAN’T DO WITH THE COURSE AND COURSE MATERIALS:
- Protect for Success exclusively owns, controls or has a license to use all the content in connection with the Website, the Courses and any materials therewith (the “Course Materials”). This includes without limitation, all common law and registered trademarks, copyrights, and other associated intellectual property We have spent significant time, effort and expense creating the Course and Course Materials and all related content.
- By purchasing the Course, you are being granted a limited, personal, non-exclusive, non- transferable, non-commercial, revocable license to use the Course and Course Materials for your own personal use
- You agree not to share, duplicate, sell, or distribute the Courses or Course Materials to anyone else without the express written consent of Protect for
- You also agree not to share your login information you use to access the Course with anyone else.
- You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, display, publish or republish, enhance or in any way exploit all or part of the Courses or Course Materials in any manner for your or a third party’s benefit. You further agree that you shall not create any derivative work based on the Course or Course Materials and you shall not offer any competing products or services based on any information contained therein. If you do any of the above, you understand you will likely be in
violation of the law and this Agreement, and we reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. Certain images are used under license and are subject to copyright protection by third parties. Notwithstanding any other provision in this Agreement, Protect for Success shall be entitled to obtain an injunction against you without having to post bond if we reasonably believe you are misusing the Course Materials. We may also revoke your access to the Course without notice and without refund if you are not complying with the Policies.
INFORMATION IN THE COURSES, COURSE MATERIALS AND ON THE WEBSITE: All information
on the Website and in the Courses, including without limitation handouts, bonuses, tools, etc. is for informational, educational and illustrative purposes only and not intended as legal or other professional advice. We will be providing you with some important information to know and issues to spot, but we unfortunately cannot cover everything you need to know. We recommend you do further research and due diligence and engage appropriate professionals before making any decisions that can impact your business. And, although we endeavor to provide you with up to date and accurate information, laws and rules change, and it’s possible that some of the information may become outdated. We will strive to update information from time to time, but you agree you will not rely solely on us, the Courses, the Course Materials, or Website for any decision-making.
REPRESENTATIONS / NO WARRANTIES / INDEMNIFICATIONS / LIMITATION OF LIABILITY:
- You represent you are legally capable of entering into this Agreement and will abide by the Policies. You agree to do your own due diligence in connection with any actions you take (or don’t take) and will not rely on us or on content on the Website, Courses or Course Materials for any material purpose. You will indemnify Protect for Success and its principals, members, employees, contractors, attorneys, agents, affiliates, successors and assigns (“PFS Parties”) to the fullest extent of the law from and against any claims, actions, liabilities, harm, loss, costs, expenses or damages whatsoever relating to or in connection with: (i) any information or recommendations made by Protect for Success or any of its members or employees, (ii) any content or materials provided to Protect for Success by you, (iii) your intellectual property, product liability, third party services, and (iv) your acts or inaction, or the acts or inaction of any third party affiliated with
- We will do our best to ensure all digital offerings are available without interruption or corruption, however, cannot guarantee the performance or operation of the Website and Courses. You understand that we also rely on third party companies and software to provide our content and We make no warranties of any kind, express or implied, including implied warranties of merchantability and fitness for a particular purpose as to results, services or content of the Website, Courses and Course Materials and disclaim the same to the fullest extent of the law. The Website, Courses and Course Materials are being provided “AS IS.” We are not responsible or liable for any errors or omissions on the Website or in the Courses or Course Materials, or for any damage whatsoever you may suffer as a result of your use or non-use of the Website or purchase, use or non-use of the Courses or Course Materials. Protect for Success agrees to indemnify you from and against any and all claims, actions, damages, liabilities and expenses, arising out of or in connection with any original content or material owned by and made accessible to the Student by Protect for Success, namely, any claims related to infringement of intellectual property rights of anythird party by the Courses or Course Materials. Notwithstanding anything herein, the maximum liability of PFS Parties for any claim or any action or omission relating to the subject matter of this Agreement shall be no more than the total of all fees received by Protect for Success from you. Neither party shall be liable for indirect, incidental, special or consequential damages even if that party was informed of same.
THIRD PARTY WEBSITES & LINKS / AFFILIATES: We provide links to sites maintained by third parties; these include for payments and to access the Courses. We are not responsible for any content, privacy breaches, or accessibility, and are not liable for any damage or loss arising in any way from use of the third party links (including affiliate links), or third party sites. We encourage you to review the terms and privacy policies of those other sites before your use. We may compensate third parties affiliates who market our Courses.
PAYMENTS: By signing up for a Course, you are agreeing to pay all amounts for that Course. The Course must be paid for in full. You hereby agree to pay all charges at the price then in effect for your purchase (and applicable sales tax, if any), and you authorize us to charge your credit card or other payment provider for all such amounts upon placing your order. We reserve the right to correct any errors in pricing even if payment was made. You agree to provide current, complete and accurate information and update it if needed to make sure payments are made as indicated. You understand we are using a third party payment processor, and by purchasing a Course, you are agreeing to their terms, conditions and privacy policy, as well as the policies of the course platform we use. If a payment fails, we will reach out to you to update your payment information. If you do not resolve the payment issue within 7 days of being contacted, Protect for Success has the right to revoke your access to the Course and Course Materials unless and until the payments are brought up to date. Under such circumstances, Protect for Success will not be responsible for any content missed by you. We reserve the right to refuse any order placed for the Course for any reason. We may change prices at any time. All payments shall be in U.S. Dollars.
TERM AND TERMINATION: Unless otherwise extended by us in writing, the term of this Agreement shall be up to one (1) year from the date you purchase a Course. You will have up to one (1) year from your purchase date of a Course to access that Course. But regardless of termination for any reason, all the obligations listed herein, including indemnification, your use of the Courses and Course Materials, restrictions on your use of the Courses and Course Materials, as well as other provisions and obligations Protect for Success intends to continue after termination shall remain in effect indefinitely. Protect for Success reserves the right in its discretion to deny your access to any Course for any reason. Protect for Success reserves the right to discontinue any products at any time for any reason. Upon termination for your breach, you agree to immediately delete all materials relating to the Course.
MISCELLANEOUS:
- NOTICES: All legal notices and communications, including without limitation regarding refunds, shall be in writing and sent to that party at the e-mail address it provides in connection with the Course and considered delivered upon the date and time successfully transmitted by e- mail.
- NO RELATIONSHIP: This Agreement does not create and shall not be construed as creating a legal or professional relationship between you and
- WAIVER: The failure of either party to enforce any provision of the Agreement will not constitute a waiver of that or any subsequent A valid waiver must be executed in writing and signed by the party granting the waiver.
- ELECTRONIC COMMUNICATIONS, SIGNATURES AND TRANSACTIONS: You agree that this is a valid and binding agreement and consent to the use of electronic signatures, which include without limitation, when you checked the box explicitly agreeing to the Policies, signing up for and purchasing the Course(s). You accept electronic notices and communications as legally valid and
- GOVERNING LAW AND DISPUTE RESOLUTION: THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, USA; APPLICABLE TO AGREEMENTS FULLY EXECUTED AND PERFORMED THEREIN, WITHOUT REGARD TO ANY CHOICE-OF-LAW PRINCIPLES. UNLESS OTHERWISE NOTED, THE EXCLUSIVE VENUE FOR ALL DISPUTES HEREUNDER SHALL BE BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA. NOTWITHSTANDING, WE MAY GO TO COURT AND OBTAIN AN INJUNCTION AGAINST YOU WITHOUT HAVING TO POST BOND IN THE EVENT YOU USE OR MISUSE THE COURSE OR COURSE MATERIALS IN AN UNAUTHORIZED MANNER. IN ANY DISPUTE OR CONTROVERSY REGARDING THE AGREEMENT, WEBSITE, COURSES OR COURSE MATERIALS, THE PARTIES AGREE THAT THEY WILL FIRST TRY TO ATTEMPT TO AMICABLY RESOLVE ANY ISSUES. WE WILL BE ENTITLED TO ANY COSTS RELATED TO ENFORCING THIS AGREEMENT, INCLUDING IF WE HAVE TO PURSUE YOU FOR NON-PAYMENT.
- ASSIGNMENT AND ASSIGNS: This Agreement shall be binding upon and inure to the benefit of both parties and their respective successors and You understand that you cannot assign this Agreement or share your password or any content from the Courses or Course Materials with anyone else or any third parties. The rights granted in this Agreement are specific to you. We may assign this Agreement without your permission if we sell any part or all of the business or merge with, or are acquired by, a third party. Any assignment or transfer in contravention with this section shall be null and void.
- SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and
- HEADINGS/CONSTRUCTION: Any headings or titles used in this Agreement are for convenience only and shall not affect the meaning of the provisions of this Agreement. You acknowledge that you have read and understand and freely agree to the Policies. You also agree that this document will not be construed against the
- ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between you and us with respect to the subject matter herein and supersedes all prior communications, agreements or understandings, both written and oral. This Agreement may not be changed or modified except as evidenced by a writing signed by both
- NO ENDORSEMENTS: Unless otherwise specified, any references made to third party brands, businesses, products or services in the Website, Course or Course Materials, are not intended to imply an
YOUR PRIVACY MATTERS:
Your privacy is important to us. This Privacy Policy describes the type of information we collect and how that information may be used.
INFORMATION WE COLLECT: To purchase and access a Course, you will be asked to voluntarily provide some personal information, including but not limited to, your name, e-mail, address, phone number, credit card information, and login information, including a password. We use your information as indicated to facilitate your purchase of the Courses and to communicate with you regarding the Courses, new offerings, events, newsletters or other information we may want to share, including for our marketing / remarketing purposes, and you agree to receive such communications from us. You may also have signed up for our e-mail list using your name and e- mail and agree to receive communications from us. Access to information is limited to us and those third parties helping us manage our communications and run the Website and Courses. We will not deliberately share your information with third parties. The only exceptions would occur if we need to disclose the information as required by law or if you violate our Policies. Information taken by third party websites is controlled by the policies of those third parties, and you agree we are not liable or responsible for the actions of those third parties.
PURCHASES: If you make a purchase on the Website, we use a third party payment processor such as Stripe or PayPal. Payments are encrypted and unless otherwise noted purchase transaction data is stored only as long as necessary to complete your purchase transaction. Each third party service provider has its own privacy policies, and we recommend you read each privacy policy so you can understand how your personal information will be handled by those providers. We are not responsible for the privacy practices of third parties.
SUBMISSIONS / TESTIMONIALS: You agree you do not have any expectation of privacy or confidentiality in any submissions or communications with us or made online in connection with one of our forums. If you share your idea or information with us, there is no guarantee that we will receive your communication. You acknowledge you have gotten all the rights prior to making any such submissions (including without limitation, photos) and will indemnify us from claims arising from same. If you provide us with any feedback or testimonials, you grant us the right to use your name, image, company name and feedback in our marketing or for other purposes without being obligated to get prior permission from you or pay you for their use. You understand communicating with us does not create any professional or legal relationship. We have the right (but not the obligation) to monitor, edit or remove any activity or content involving you or someone else.
OPT OUT: You may receive e-mails from us so we can let you know about any events, new offerings and other relevant information we may want to share with you, including a newsletter. You may Opt Out of receiving these e-mails or our newsletter by contacting us using the contact information found below and providing us with your name, e-mail address and specific Opt Out request.
INTERNET SECURITY: We take steps to protect personal information; however, unfortunately, we cannot guarantee the security of any information you transmit to us or access online. Because data transmission over the Internet cannot be guaranteed, no security system is completely secure. By using the Website, the Courses, and third party sites, you assume all risks, including use by unauthorized parties.
YOUR LOGIN INFORMATION / ACCEPTING OUR E-MAILS: You agree not to share your login information to the Courses with anyone else. To do so would be a breach of this Agreement and may lead to immediate termination of access to your account in addition to other legal remedies available to us. You are responsible for any damages that arise from you sharing or misusing your login information. You are also responsible to make sure our e-mail address (listed below) is not blocked or forwarded to your junk folder. We are not responsible if you do not receive our e-mails in a timely manner.
CHILDREN: We will never knowingly request or collect personally identifiable information online from anyone under the age of 13. In fact, our website is not targeted to, nor is it intended for use by, children under 18. If you are under the age of 18, you are not permitted to use the Website or purchase any Course, nor are you permitted to submit any personally identifiable information to us. If you submit personally identifiable information to us, then you hereby represent that you are over the age of 18.
CONSUMER DATA PRIVACY PROTECTION: We do not share your personal information with third parties for their marketing purposes. We retain personal data solely for the reasons set forth in the Policies.
CHANGE OF CONTROL: Personal information may be transferred to a third party as a result of a sale, merger, acquisition or other change in control. If we sell, merge or transfer any part of the business, part of the sale may include your personal information.
COOKIES: Some non-personally identifiable information may be collected through the use of cookies. Cookies are small data files that are stored on your computer when you visit a website. Cookies enable you to use the website and may be used in a variety of ways to enhance or personalize your online browsing and user experience. We may use them in order to store your preferences, recognize you when you return to our website, and monitor and maintain information about your use of our website. If applicable, you may decline to accept cookies by modifying your web browser settings.
CALIFORNIA PRIVACY RIGHTS: If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us in the preceding calendar year. To make such a request, please contact us using the information below. As noted, we don’t share your personal information with unaffiliated third parties for their direct marketing purposes.
GDPR: The Course provides information based on U.S. laws only and our intended students are based in the U.S. Notwithstanding, where the GDPR applies, we understand you: have the right to be informed about the data we collect (we inform you above), the right for you to access that information, the right to correct any data that may be incorrect, the right to ask for your data to be deleted, the right to restrict processing of your data, the right to data portability, the right to object to further processing of your data which is inconsistent with the purpose for which it is collected, and the rights related to automated decision making and profiling. Please contact us if you have a question about your data that is not addressed in the Policies.
QUESTIONS AND CONTACT INFORMATION:
Please contact us with any questions.
If you would like to: access, correct, amend or delete any personal information we have about you, or simply want more information, contact us by email.
Email Address: [email protected]
Contact Information: Protect for Success, LLC, PO Box 14457, Irvine, CA 92623, USA