The following Terms of Use are entered into by and between You and Success Strategies, LLC (“Company”, “we”, or “us”) .
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Agreement”), govern your access to and use of designstudioinstitute.com, any access to or communications during a zoom/teleconference call, online presentation, and any communications or correspondence with Company including but not limited to any content, functionality and services (the “Services”), whether as a guest or a licensee.
Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Services.
The services are offered and available to users who are 18 years of age or older. By using the services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the services
Changes To the Terms Of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing The Services And Account Security
We reserve the right to withdraw or amend the Services or any material, in our sole discretion without notice.
We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services and any resources provided through your use of the Services, that all the information you provide to Company is correct, current, and complete..
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
No Unlawful Or Prohibited Use And Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services and the resources available for download from Company strictly in accordance with these Terms of Use.
As a condition of your use of the Services, you warrant to Company that you will not use the Services or any of the resources provided from Company available for download from Company for any purpose that is unlawful or prohibited by these Terms. You may not use the Services or any of the resources available for download from Company in any manner that could damage, disable, overburden, or impair Company or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided by Company.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, provided by Company.
NOTICE THE SERVICES ARE SUBJECT TO COPYRIGHT PROTECTION.
Company content is not for resale. Your use of the Services or any of the resources available for download from Company does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.
Company name, Company logo, Company slogan, and all related names, logos, marks, trademarks, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners.
Upon being granted “DCPRO Certification” via written notice from Company, you are permitted to use “Certified DCPRO” , or “DCPRO Certified” or “Certified by The National Design Studio Institute” marks or trademarks on your professional materials, social media and company websites, providing such use complies is nondisparaging to Company and is in accordance with the law.
PROVISIONS REGARDING LICENSES
You agree to provide these Terms of Use to any person granted a license through your purchase and to ensure that such person agrees to abide by these terms and conditions.
Each person to whom you provide intellectual property and templates obtained through the use of The Services must be a licensee. For example, if you use intellectual property or templates obtained through the use of the Services as training or a presentation within your organization, each person in receipt of that intellectual property or template must have a license to use the services.
A Licensee is someone for whom credentials have been purchased from Company in the form of a single-user license.
A DC PRO License will be terminated if Licensee is no longer employed by the Enrolled Builder who purchased license. License reinstatement is possible if required conditions (approval by original Employer, and new employer must also be an Enrolled Builder,) are met and with completion of reinstatement protocol.
Licenses expire at duration of one year from date of purchase.
Company reserves the right to deny the Services to any company or individual, in Company’s sole discretion. If the Services and/or a license have already been provided, Company reserves the right to rescind such license and deny the Services in Company’s sole discretion. However, in such case, a prorated refund will be provided.
Price and availability are subject to change without notice regarding future license purchases.
For Educational And Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained on this Services and the resources available for download through this Services are for educational and informational purposes only. The information contained on this Services and the resources available for download through this Services is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Accuracy And Personal Responsibility
We have done our best to ensure that the information provided through the Services and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions in the Services or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using the Services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Services or the resources available for download from Company. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Services.
No Guarantees As To Results
You agree that Company has not made any guarantees about the results of taking any action, whether recommended by Company or not. Company provides educational and informational resources that are intended to help users of this Services succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of Company or otherwise – applying the principles in the Services are no guarantee that you or any other person or entity will be able to obtain similar results.
DCPRO CERTIFICATION
The company does not guarantee that any purchaser or licensee will receive “DCPRO Certification” or the rights that accompany that certification. Certification grants the licensee to use the terms “Certified DCPRO” , or “DCPRO Certified” or “Certified by The National Design Studio Institute” , and the accompanying marks and trademarks as permitted herein.
Certification is granted upon system verification that all required videos have been viewed, and that all required quiz questions have been answered with a composite grade of 85% of greater.
Company reserves the right to publish a list of certificate holders and to comply with requests for verification of certification.
Company is not liable if a Licensee or Purchaser fails to obtain employment or is terminated from employment because Company refused to provide Certification.
Company is not liable to any Licensee, Purchaser, or third party, for any action or omission of a Licensee or Purchaser, even if such action was expressed to such Licensee or Purchaser as part of the Services
Email And Other Electronic Communications
Accessing the Services or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.
Any such email or other electronic communication does not create a business relationship or any contractual relationship. We will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
Use Of Communication Service
The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, malicious code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided To company
Company does not claim ownership of the materials you provide to the Services (including feedback and suggestions) or post, upload, input or submit to any Services or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Company, our affiliated companies, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Links To Third Party Servicess And Services
The Services may contain links to other websites (“Linked websites”). The Linked websites are not under the control of Company and Company is not responsible for the contents of any Linked websites, including without limitation any link contained in a Linked website, or any changes or updates to a Linked website, or any virus or malicious code that you are put in contact with through a linked website . Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
Certain websites made available via the website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Services, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of Company’s users and customers.
Use Of Templates And Forms
Company provides various templates and/or forms for download on this Services. Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use. You agree not to use the services in a manner that is competitive to Company. You are expressly prohibited from providing intellectual property or materials obtained through the use of the Services to persons who are not licensed users of the Services.
By downloading Forms, you agree that the Forms you download may only be used by you for your personal business use and may not be sold or redistributed without the express written consent of Company.
Guests
Company may, from time to time, provide information from a third party in the form of a guest interview or presentation, interview on other platform, guest blog post, or other medium. Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests. Speakers and meeting times are subject to change.
CANCELLATION / REFUND POLICIES
Purchases are not refundable.
No Warranties
Company makes no warranties regarding the performance or operation of the Services. Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through the Services. To the fullest extent permissible under the law, Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information obtained through use of the Services and/or the resources you may download from use of the Services. You agree that Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Services.
The information, software, products, and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Company and/or its suppliers may make improvements and/or changes to the Services at any time.
Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the Services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if Company or any of its suppliers has been advised of the possibility of damages. Absent any provision to the contrary in these terms, Company’s maximum liability to you, regardless of reason, is limited to the amount of money you have paid to Company. If you are dissatisfied with any portion of the Services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Services.
If you are unable to access or use the Services due to an error with Company’s service provider, and upon your written request, Company will extend your license by the number of days you were unable to use the Services.
Company is separate and distinct from Ziiva and or any other service provider or webhost and you agree not to hold Company liable for any errors, omissions, inaccurate information, system malfunction, malicious software or code, computer viruses, or torts received from the acts or omissions of Ziiva and or other service provider or webhost.
MEDIATION/Arbitration
Any controversy or claim arising out of or relating to this agreement, or the services performed by Company under this agreement or any other agreement, regardless of whether the controversy of claim arose before or after the execution, transfer or acceptance of this agreement, including but not limited to any tort and statutory claims and any claims for personal or bodily injury or damage to real or personal property shall be settled by binding arbitration. Unless the parties agree otherwise, the arbitration shall be administered under the rules of the American Arbitration Association (“AAA”) and shall be conducted by AAA. If administered under the AAA Rules, a claim shall be determined under the AAA supplementary procedures for consumer related disputes, in cases where such procedures are applicable. Any other controversy or claim shall be determined under the AAA commercial arbitration rules. You and Company agree that the arbitrator shall follow the substantive law, including the terms and conditions of this Agreement. The arbitrator’s powers to conduct any arbitration proceeding under this agreement shall be limited as follows: Any arbitration proceeding under this agreement will not be consolidated or joined with any action or legal proceeding under any other agreement or involving any other premises and will not proceed as a class action, private attorney general action, or similar representative action. Either party has the right to require a panel of three (3) arbitrators, but in the absence of the Parties agreement, the requesting party shall be responsible for the cost of the additional arbitrators. Either party may request at any time prior to the hearing that the award be accompanied by a reasoned opinion. The award rendered by the arbitrator(s) shall be final and binding on all parties, except that a party may within 30 days of the original award request an arbitral appeal to an appeal tribunal, constituted in the same number and by the same process as the initial arbitrator(s). The appealing party shall be responsible for the filing fee and other arbitration fees and costs subject to award by the appeal tribunal under applicable law. The appeal tribunal shall review all questions of law and fact under a clearly erroneous standard. The award of the appeal tribunal shall be final and binding. Judgment may be entered on the award in any court having jurisdiction thereof. You and Company acknowledge and agree that this arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Before having recourse to arbitration, You and Company each agrees to try in good faith to settle any controversy or claim by at least (4) hours of mediation administered under the AAA Commercial Mediation Rules with Company agreeing to pay the costs of the mediation. The AAA may be contacted at the toll free number 800.778.7879 or through the following website: http://www.adr.org.
JURISDICTION and VENUE
These terms are governed by the laws of the state of New Jersey. Any dispute arising from these terms is subject to the exclusive jurisdiction of the state and federal courts of New Jersey. The mediation and arbitration provision as set forth above shall supersede use of the judiciary.
International Users
The Service is controlled, operated and administered by Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Company Content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
Termination And Access Restriction
Company reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to the Services or the Terms of Use pursuant to the Arbitration Clause above. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
No Joint Venture Or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Services. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then only that invalid or unenforceable provision will be disregarded and the remainder of this agreement shall remain in effect.
Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which the Services is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.
If any provision or statement in the FAQs contradicts any of these Terms of Use, then these Terms of Use shall supersede
Contact Us
Success Strategies. welcomes your questions or comments regarding the Terms:
Success Strategies.
15 Wildflower Court
Manalapan NJ 07726
Email Address: information@opt4success.net
Last Updated: October 15, 2020