Terms & Conditions
Effective Date: August 1, 2020
A visitor to the website, prospective customer or current customer is subject to the legal disclaimer and terms and conditions set forth.
The information provided in this site or via any other means of transmission from SuccessionStrength or ContinuityStrength (a Websites owned by SuccessionStrength) is not legal advice, but general information. The content contained on the Websites of Succession Strength or information contained in any other transmission from Succession Strength is subject to the following terms and conditions:
This web page represents a legal document and is the Terms and Conditions Agreement for our websites, www.successionstrength.com and www.continuitystrength.com. By using our Websites, you agree to fully comply with and be bound by the following Agreement each time you use our Websites.
The terms “us”, “we”, and “our” refer to Succession Strength, the owner of this website and ContinuityStrength.com. A “Visitor” is someone who merely browses our Website. A “Customer” is someone who has registered with our Websites to use our Products or Services via payment or by using one of our freely accessible products. The term “User” is a collective identifier that refers to either a Visitor or a Customer. The term “Product” refers to any products we sell or give away.
All text, information, graphics, design, and data offered through our Websites or Services, whether produced by our Customers or by us, are collectively known as our “Content”. We distinguish content posted by our Customers as “Customer Content”.
Acceptance of Agreement
This Agreement is between you and Succession Strength.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITES CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITES IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Succession Strength and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Websites and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this http://successionstrength.com/privacy-policy.If you do not accept and agree to be bound by all the terms of this Agreement, including the www.successionstrength.com Privacy Notice, do not use any of our websites or our Services.
Succession Strength grants you a nonexclusive, nontransferable, revocable license to access and use our Websites and Services strictly in accordance with this Agreement. Your use of our Websites and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Websites or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Succession Strength.
Our Intellectual Property
Our Websites may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Websites or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Succession Strength.
Our Content, as found within our Websites and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Websites and Services does not grant you any ownership rights to our Content.
To use our Services, you must make a purchase or voluntarily elect to use our freely accessible content. Purchases are not transferable or assignable and are void where prohibited.
Our Websites and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Websites by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Websites and/or Services, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement.
Succession Strength has sole right and discretion to determine whether to accept a Customer, and may reject a Customer’s purchase with or without explanation.
When you complete a purchase, you may receive a password or unique access link that will allow you to access our Services. You agree to maintain the confidentiality of your password or access to the link provided and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password or via the link provided to you.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Websites cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Websites will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Websites will be correct, accurate, timely, or otherwise reliable.
Succession Strength reserves the right at our sole discretion to change any content, software, and other items used or contained in our Websites or Services at any time without notice.
Limitation of Liability
IN NO EVENT WILL SUCCESSION STRENGTH OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES INCLUDING INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITES, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITES OR SERVICES, EVEN IF SUCCESSION STRENGTH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SUCCESSION STRENGTH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR PRODUCTS AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR RELATIONSHIP WITH SUCCESSION STRENGTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Waiver and Release
Customer hereby waives, discharges, and releases Succession Strength or Continuity Strength from any and all claims, losses, demands, or liability of any kind against Succession Strength or Continuity Strength, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, whether known, unknown, disclosed or undisclosed, arising out of or in any way connected with your use of the information or services of Succession Strength or Continuity Strength.
Customer also acknowledges and agrees that when third parties provide fulfillment services on Succession Strength’s behalf and such services have been appropriately charged to customer, including auto-renew fees, such fulfillment services cannot be subject to any type of refund and/or discount after charges for those services have been applied to the Customer’s account.
Customers may post their content to our Websites through our Services (Customer Content). Customers and Visitors understand that by using our Websites or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Customer Content and do not in any way guarantee its quality, accuracy, or integrity. Succession Strength is not responsible for the monitoring or filtering of any Customer Content. Should any Customer Content be found illegal, Succession Strength will submit all necessary information to relevant authorities.
If any Customer Content is reported to Succession Strength as being offensive or inappropriate, we may ask the Customer to retract or otherwise modify the questionable content within 24 hours of being notified by Succession Strength. If the Customer fails to meet such a request, Succession Strength has full authority to restrict the Customer’s ability to post Customer Content OR to immediately terminate the Customer’s access to our products or services without further notice to the Customer.
Without limiting the foregoing, we have sole discretion to remove any Customer Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Customers are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Customers will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Customers whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Customer, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Customer Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Websites or Services
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of Succession Strength is objectionable or restricts or inhibits any other person from using or enjoying our Websites or Services, or which may expose Succession Strength, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
- Develop a competing website
- Create compilations or derivative works as defined under United States copyright laws
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompile, disassemble, or reverse engineer our Website, Services, and any related software
- Use our Websites or Services in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You grant Succession Strength a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Customer Content”) to our Website, you are granting Succession Strength, its officers, directors, employees, agents and representatives, a license to use the Customer Content in connection with the operation of the business of Succession Strength, its its officers, directors, employees, agents and representatives, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Customer Content in a way that it is non-identifiable and anonymous.
You understand and agree that you will not be compensated for any Customer Content. By posting Customer Content on our Websites or Service, you warrant and represent that you own the rights to the Customer Content or are authorized to post, display, distribute, perform, or transmit Customer Content.
Customer hereby agrees, represents, and confirms that customer will not use the information presented, products, services or materials purchased from or provided by Succession Strength or Continuity Strength to commit fraud or any other illegal act or crime; to misrepresent identity or legal purpose; to misrepresent, misstate, or falsify information on legal documentation; to misrepresent or mistake any fact; or in any other unlawful, illegal or improper manner.
Customer hereby agrees to be responsible for any cost, legal fee, or representation required by Succession Strength or Continuity Strength in the event Customer fails to conform to this acknowledgement. Customer hereby accepts full liability and shall indemnify, defend and hold Succession Strength or Continuity Strength , its owners, agents, employees, representatives, and providers harmless from any and all damages, claims, demands, judgment, expense, and causes of action asserted against Succession Strength or Continuity Strength by any person or local, state or federal government agency arising from or out of any event, circumstance, act or incident resulting from Customer’s use or misuse of the information presented, products, services or materials provided by Succession Strength or Continuity Strength.
Succession Strength or Continuity Strength reserve the right to investigate complaints or reported violations of this Legal Disclaimer and these terms and conditions and to take any and all action it deems necessary or appropriate including the reporting of any suspicious, unlawful, or illegal activity or suspected unlawful or illegal activity to law enforcement, applicable regulators or other third-parties and Succession Strength or Continuity Strength may disclose any information necessary or appropriate including user-submitted information, profiles, email addresses, usage reports, IP addresses, and user traffic.
Linking to Our Website
You may provide links to our Websites provided that (a) you do not remove or obscure any portion of our Websites by framing or otherwise, (b) your Websites does not engage in illegal or pornographic activities, and (c) you cease providing links to our Websites immediately upon our request.
Links to Other Websites
Our Succession Strength or Continuity Strength ’s web site contains links to servers maintained by other businesses and organizations, which exist independently from Succession Strength or Continuity Strength. Succession Strength or Continuity Strength cannot provide any warranty about the accuracy or source of the information contained on any of these servers or the content of any file the user might download from these sites. No such third party is endorsed or recommended by us by virtue of the fact that links to their servers appear on this site. All accessing and downloading of material from such third party sites is at the user’s own risk, for which Succession Strength or Continuity Strength is not responsible or liable in any way.
All information is provided without any warranty, express or implied, as to its legal effect and completeness.
For the avoidance of doubt, all charges imposed by such third parties – including but not limited to auto-renew fees for document Storage and/or any other services – cannot be reversed, discounted or in any way altered after those charges have been applied to your account.
Succession Strength or Continuity Strength may, at its sole discretion, refuse or cancel existing service to any person or entity for any reason. Succession Strength or Continuity Strength is not responsible for any damage or loss that may result in Succession Strength or Continuity Strength ’s refusal or cancellation of service.
Surplus or Complimentary Information
Customer acknowledges that Customer is solely responsible for the Business Continuity Plan maintenance, reporting, filings, and any other documentation required to maintain an up to date Plan or other required compliance with the applicable federal, state or local government agency or oversight commission. Customer acknowledges that Succession Strength or Continuity Strength may provide Customer with information regarding Business Continuity Plan updates and maintenance. Succession Strength or Continuity Strength may provide updates, notifications and/or reminders to the email address provided by customer or as a post or alert to customer’s online account (if applicable) Solely as a courtesy and such does not create any liability on the part of Succession Strength or Continuity Strength.
Succession Strength or Continuity Strength is not responsible for: (i) Customer’s action or inaction based on any information provided via email, facsimile, phone conversation, website posting, alert, or any other form of transmission or communication; (ii) Customer’s failure or inability to receive or access the information; or (iii) Succession Strength or Continuity Strength ’s decision, in its sole discretion, to cease providing such information. Succession Strength or Continuity Strength makes no representation or warranty as to the comprehensiveness or timeliness of the information. Customer acknowledges that it is customer’s responsibility to comply with all applicable state, local, federal, or international laws.
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
To the extent that you purchase any goods directly from us, we may refund your purchase price within thirty (30) days of your notifying us in writing via firstname.lastname@example.org of your desire for the refund together with a reason for the request. Any refund or return may be subject to processing fees as found on our Website.
Auto-renewal services and price changes
A service provided by Succession Strength or Continuity Strength may automatically renew. A current and active credit card on file will be charged by Succession Strength or Continuity Strength’s registered agent partner for the annual renewal of service.
The current Business Continuity Plan Storage and Reporting Package service annual renewal fee is available on this site. Customer has the option to cancel the service at any time. If such notification is not provided to Succession Strength or Continuity Strength by the expiration date of the existing service, Succession Strength or Continuity Strength may automatically renewal the service. If Succession Strength or Continuity Strength is unable to complete an auto-renewal due to payment failure, Succession Strength or Continuity Strength may, at its sole discretion, cancel the service.
Customer hereby agrees to indemnify, defend and hold harmless Succession Strength or Continuity Strength, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected with your use of the information or services of Succession Strength or Continuity Strength. Customer hereby agrees to indemnify, defend and hold harmless Succession Strength or Continuity Strength , its owners, representatives, and employees, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected to services provided by an affiliate, partner, supplier, third party provider or vendor including but not limited to any act, omission, negligence, or error by such affiliate, partner, supplier, third party provider or vendor.
Succession Strength or Continuity Strength reserves the right to change or update these Terms and Conditions including this Legal Disclaimer at any time. Changes of updates to this Legal Disclaimer will appear on SuccessionStrength.com or ContinuityStrength.com and are effective immediately. Use of Succession Strength or Continuity Strength after any such changes constitutes your consent to such changes and updates. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Websites, Services, and Products.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – Websites operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Miami, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Miami, Florida necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
In the event of a dispute, please contact Succession Strength or Continuity Strength customer service via email@example.com for resolution.
Any controversy or claim arising out of or relating to the use of this site, information provided in this site or via any other means of transmission from Succession Strength or Continuity Strength, or advertisement for services by Succession Strength or Continuity Strength or contract, the products, services or materials purchased from or provided by Succession Strength or Continuity Strength, or customer’s use of the information provided in this site or products, services or materials purchased from or provided by Succession Strength or Continuity Strength, shall be submitted for final and binding arbitration (or online dispute/arbitration resolution) to a single arbitrator, provided that: (1) the arbitrator has at least five (5) years of expertise in the field relevant to the nature of the dispute and; and (2) the arbitrator is not or has not been a contract agent or a former employee of either party. In the event the parties are unable to agree on a single arbitrator, one that meets the qualifications set forth above shall be appointed by the American Arbitration Association (“AAA”) within ten (10) days of the date on which a party seeks assistance from the AAA in selection of a neutral arbitrator. The arbitration shall be conducted in accordance with the Commercial Rules and procedures of the AAA, and shall take place in Miami, Florida or in a location otherwise mutually agreed upon by the parties or via an online forum pursuant to online dispute or arbitration resolution processes. The parties further agree that: (1) the arbitration shall not last more than three (3) days; (2) there shall be no discovery other than the exchange of information and materials provided to the arbitrator by each of the parties, for which there shall only be thirty (30) days to accomplish; (3) the arbitrator’s final decision shall be issued within ninety (90) days after the date of selection of the arbitrator or within such period as the parties may otherwise mutually agree; and (4) the arbitrator shall have the authority only to award equitable relief and direct, actual damages, and shall not have the authority to award punitive or consequential damages (including, but not limited to lost profits, special, indirect, incidental, or compensatory damages). Each party shall be responsible for an equal sharing of the fees, expenses and costs incurred by the arbitrator, and each party shall be responsible for their own costs and any fees of counsel they incur. The decision of the arbitrator shall be final and binding and may not be appealed.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU HEREBY AGREES THAT YOU HAVE READ THIS LEGAL DISCLAIMER AND THE TERMS AND CONDITIONS IN THEIR ENTIRETY AND YOU AGREE TO THE CONDITIONS OF SALE AND USE DESCRIBED HEREIN.