Terms of Use

True Success Co., LLC’s TERMS OF USE

Thank you for visiting our website and considering our products and services! We do business only under certain terms, which are stated below. Let us know now  if you would like us to consider any modifications.

YOU ARE ENTERING A BINDING CONTRACT. MAKE NO USE OF OUR WEBSITES OR SERVICES UNTIL YOU HAVE READ AND AGREED TO THESE TERMS. YOU MAY SUBMIT PROPOSED MODIFICATIONS OR OPT-OUTS TO US FOR OUR CONSIDERATION IN WRITING BEFORE MOVING FORWARD. THESE TERMS WILL WAIVE YOUR SIGNIFICANT RIGHT TO A JURY TRIAL IN THE EVENT OF A DISPUTE. OUR LIABILITY WILL BE SIGNIFICANTLY LIMITED AND YOU WILL BE REQUIRED TO SUBMIT ANY DISPUTES BETWEEN US TO BINDING ARBITRATION INSTEAD OF A COURT OF LAW. YOU WILL WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION. THESE ARE SIGNIFICANT LIMITATIONS ON (AND WAIVERS OF) YOUR RIGHTS; WE UNDERSTAND IF YOU CHOOSE NOT TO MOVE FORWARD. WE NORMALLY HONOR REQUESTS TO OPT-OUT OF THE BELOW CLASS ACTION WAIVER, SO LONG AS YOU MAKE THAT REQUEST NOW, INSTEAD OF FOLLOWING A DISPUTE WITH US. WE WILL NOT NEGOTIATE MODIFICATIONS TO THESE TERMS IF YOU CHOOSE TO MOVE FORWARD AND USE OUR WEBSITES OR MAKE A PURCHASE.

The following terms and conditions (“Terms” or the “Agreement”) govern the use of www.truesuccessco.com including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Site”) and any product or service made available through the Site. This Site, including any product or service provided to you by True Success Co., is
subject to your compliance with these Terms and any other operating rules, policies (including, without limitation, True Success Co., LLC’s Privacy Policy), and any procedures that True Success Co., LLC may publish from time to time on the Site. By accessing and/or using our Site and our products or services, you are agreeing to be bound by the terms and conditions of this Agreement, which constitute a binding legal agreement between us. In some cases, your use of certain services may be subject to additional terms, which will be presented to you when you sign up to use or engage in those services.

TABLE OF CONTENTS

1. Site Use

2. Changes to these Terms

3. Privacy and Security Disclosure

4. Accuracy, Completeness, and Timeliness of Information

5. No Professional Advice, Medical Advice, or Investment Recommendations

6. Intellectual Property

7. User Conduct

8. Account Registration

9. Social Media

10. Copyright Notice

11. DISCLAIMER OF WARRANTIES

12. DISCLAIMER OF LIABILITIES

13. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

14. Indemnification

15. Third-Party Websites and Links

16. Testimonials, Reviews, and Other Submissions

17. Refunds

18. Terms and Conditions Specific to Coaching or Course Purchase Offers

19. Terms and Conditions Specific to Multiple Payment Purchase Offers

20. Electronic Communications

21. Assignment

22. No Waiver

23. Severability

24. Termination

25. Entire Agreement

26. Questions or Additional Information ‍

TERMS OF USE

1. Site Use

By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Site, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

You agree at all times to defend, indemnify and hold harmless True Success Co., LLC its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

2. Changes to these Terms

Where allowed by law, True Success Co., LLC reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. You can review the most current version of these Terms at any time by visiting this page (https://truesuccessco.com/privacy-policy). It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes your binding acceptance of those changes.

3. Privacy and Security Disclosure

We value your privacy and will not use or sell your data except as allowed by law and authorized by you. True Success Co.’s Privacy Policy may be viewed at https://truesuccessco.com/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of this Agreement. True Success Co., LLC reserves the right to modify the Privacy Policy in its sole discretion.  We update and repost our privacy policy at least once per year. We may sell or otherwise disclose your personal
information for money, to the extent allowed by law.

4. Accuracy, Completeness, and Timeliness of Information

The material on the Site is provided for general informational purposes only. While we endeavor to provide accurate and current information on our Site, there may be information on our Site that contains typographical errors, inaccuracies, or omissions related to product or service descriptions, pricing, promotions, and availability. We reserve the right to
correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

5. No Professional Advice, Medical Advice, or Investment Recommendations

Information provided on www.truesuccessco.com and any sub-domains or related domains:

   - Is not intended to provide any commercial, medical, financial, tax, or legal advice.

   - Is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any

form or manner whatsoever.

   - Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any informationon this website, or otherwise distributed from for such

personal, non-commercial use.

   - When you download copyrighted material, you do not obtain any ownership rights in that material.

6. Intellectual Property

The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, Submissions (defined below), articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, third-party apps, and any other content on the Site (“Content”) and the trademarks, service marks, and logos contained therein are the property of True Success Co., LLC and its third-party licensors or providers. You acknowledge that you do not acquire any ownership rights to True Success Co., LLC’s Content by using the Site. True Success Co., LLC reserves all rights not expressly granted in and to the Site.

Our Limited License to You.  This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by
email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us.  By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right
to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to True Success Co., LLC from their creation.  Thus, True Success Co., LLC shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as True Success Co., LLC determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation,
irrevocably assign, convey and transfer to True Success Co., LLC all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that True Success Co, LLC has the right but not the obligation to use and display any postings or contributions of any kind and that True Success CO., LLC may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

7. User Conduct

You may not use, copy, display, sell, license, decompile, republish, upload, post, transmit, distribute, create derivative works, or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the Content or use of the Content for any
purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the Site and its products or services, you agree not to:

Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;

Use the Site for any unlawful purpose;

• Express or imply that any statements you make are endorsed by us, without our prior written consent;

• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;

• Disable, damage, or alter the functioning or appearance of the Site, including the presentation of advertising;

• “Frame” or “mirror” any part of the Site without our prior written authorization;

• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” “scrape,” “harvest,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

• Harvest or collect information about visitors to the Site without their express consent;

• Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site or;

• Transmit any content which contains software viruses or other harmful computer code, files, or programs.

• Harass, stalk or otherwise abuse another user

• Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion)

• Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party

• Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes

• Violate any applicable local, state, federal or international law, rule or regulation.

8. Account Registration

To access some of the products or services of the Site, you may be required to create an account. By creating this account, you agree to the following:

• You may only maintain a single account;

• You may never share your account username, or password, or knowingly provide or authorize access to your account;

• You may never use another user’s account without permission;

• When creating your account, you must provide accurate and complete information;

• You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;

• You must notify us immediately of any breach of security or unauthorized use of your account; and

• You will be liable for any use made of your account or password and the losses of True Success CO., LLC or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

• True Success Co., LLC may send you periodic product/service updates and other communications, which are considered part of True Success Co., LLC’s services, which you may not be able to opt out from receiving.

True Success Co., LLC has the right, in its sole discretion, to cancel your account or suspend your access to the Site.

9. Social Media

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, Twitter, YouTube, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“Social Media Presence”).

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of True Success Co., LLC, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

10. Copyright Notice

The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

True Success Co., LLC

Attn: Copyright Agent

1155 Green Timber Trail

Dayton, OH 45458

Email:

 [email protected]

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the
material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) a description of the copyrighted work that is the subject of claimed infringement; (ii) a description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may delay the processing of your complaint.

11. DISCLAIMER OF WARRANTIES

EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL TRUE SUCCESS CO., LLC OR ANY OF ITS OFFICERS,DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS OR SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE SITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER TRUE SUCCESS CO., LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, TRUE SUCCESS CO., LLC IS FOUND LIABLE UNDER ANY THEORY, TRUE SUCCESS CO., LLC LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID US TO DATE. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER TRUE SUCCESS CO., LLC WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR
THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH
STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND TRUE SUCCESS CO., LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO FINANCIAL CONTENT ON THE SITE:

NEITHER TRUE SUCCESS CO., LLC NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISERS AND NOTHING CONTAINED ON THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE.

TRUE SUCCESS CO., LLC IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR. TRUESUCCESSCO.COM EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.

THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR.

The information contained in this program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the marketplace as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting, or related advice.

The end user of this information should therefore use the contents of this program and the materials as a general guideline and not as the ultimate source of current information and when appropriate the user should consult their own legal, accounting or other advisors.

Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.

THE INFORMATION PROVIDED IN THIS PRODUCT IS SOLD AND PROVIDED ON AN “AS IS” BASIS. TRUE SUCCESS CO., LLC DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN.THOSE RESULTS ARE YOUR RESPONSIBILITY AS THE END USER OF THE PRODUCT. (SOME STATES DO NOT ALLOW LIMITED WARRANTIES, SO THIS MAY NOT APPLY TO YOU.) IN PARTICULAR, TRUE SUCCESS CO., LLC SHALL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DAMAGES, OR COSTS, OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER COSTS OR DAMAGES, IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR SERVICES. THESE LIMITATIONS MAY BE AFFECTED BY THE LAWS OF PARTICULAR STATES AND JURISDICTIONS.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ABILITY OF OUR PRODUCTS AND SERVICES TO GENERATE ANY LEVEL OF INCOME FOR YOU OR YOUR
BUSINESS.

13. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TRUE SUCCESS CO., LLC ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING, CONFIDENTIAL ARBITRATION IN THE STATE WHERE YOU RESIDE UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA). YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE)
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT
CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AGREE THAT IN THE EVENT WE ARE NOT
CURRENTLY REGISTERED WITH THE AAA AT THE TIME OF OUR DISPUTE, YOU WILL ALLOW US AT LEAST 90 DAYS TO REGISTER OR UPDATE SUCH REGISTRATION FOLLOWING SERVICE OF A WRITTEN NOTICE OF INTENT TO ARBITRATE FROM YOU, WHICH YOU SHALL PROVIDE.

a. General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, True Success Co., LLC, or any involved third-party relating to your account, your use of the Site, your relationship with True Success Co., LLC, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or
attempted use of the products, and any act or omission by True Success Co., LLC or any third-party related to your use or attempted use of the products, and any communications from True Success Co., LLC or any third party on True Success Co., LLC’s behalf. You, True Success Co., LLC, or any involved third-party may pursue a Claim. True Success Co., LLC agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against True Success Co., LLC. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be
arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Dayton, Ohio on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.

b. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and True Success Co., LLC both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. True
Success Co., LLC will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Dayton, Ohio: (i) an action by True Success Co., LLC relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress,
copyrights, trade secrets, or patents; or (ii) an action by True Success Co., LLC for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Dayton, Ohio, and forever waive any challenge to said courts’ jurisdiction and venue.

c. Required Pre-Dispute Procedures

Before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to True Success Co., LLC., Attn: Legal Department, 1155 Green Timber Trail Dayton, Ohio 45458. True Success Co., LLC will contact you by letter at the billing address you provided to us or at the e-mail address you provided to us. You agree to negotiate with True Success Co., LLC or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.

d. Commencing Arbitration

You and True Success Co., LLC agree to commence any arbitration proceeding within one year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one year shall be forever barred.

e. Arbitration Location

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Dayton, Ohio unless True Success Co., LLC agrees to arbitrate in another forum requested by you.

f. Organization, Rules and the Arbitrator

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy
to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the AAA’s Commercial Dispute Resolutions Rules, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’S Rules are available at www.adr.org  or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or True Success Co., LLC.

g. Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

h. Governing Law and Award

The arbitrator shall follow the substantive law of the State of Ohio without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

i. Enforceability

This provision survives termination of your account or relationship with True Success Co., LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not
apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

j. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1-year limitation period set forth above. This provision is the entire arbitration agreement between you
and True Success Co., LLC and shall not be modified except in writing by True Success Co., LLC.

14. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless True Success Co., LLC, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your use of the Site and any True Success Co., LLC product or service, (2) your breach of these Terms or the documents they incorporate by reference; (3) your breach of any representations or warranties in this Agreement; or (4) your violation of any law or the rights of a third-party.

15. Third-Party Websites and Links

Our Site may include materials from third parties or links to third-party websites. True Success Co., LLC is not liable for any third-party materials or websites. Please carefully review the third-party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third party.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties, including information providers, are those of the respective authors or distributors, and not True Success Co., LLC. Neither True Success Co., LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, True Success Co., LLC neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized True Success Co., LLC representative while acting in his/her official capacity.

16. Testimonials, Reviews, and Other Submissions

True Success Co., LLC is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that any testimonial or review that you provide True Success Co., LLC is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that True Success Co., LLC may use testimonials and/or product/service reviews, in whole or in part, together with the name and city/state/country of the person submitting it. Testimonials may be used for any form of advertising relating to True Success Co., LLC’s products or services, in printed and online media, as True Success Co., LLC determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products or services. Some customers that have submitted testimonials may have received a True Success Co., LLC product or service as a “thank you” in appreciation for the
time they invested to write or record their testimonials.

Anything that you submit or post to the Site and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and
transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

Additionally, True Success Co., LLC reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. True Success Co., LLC shall be under no obligation to use any, or any part of, any testimonial or product/service review submitted. If you submit a testimonial, you confirm that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.

17. Refunds

Physical Products – If you are not 100% satisfied with your purchase, we will be happy to accept a return up to 90 days from the purchase date for a full refund. Products must be in the condition you received them and include the original packing slip. We highly recommend you return the product using a tracking number.

Electronic products will be refunded up to 30 days after the date of purchase unless stated otherwise.

Coaching Services – If you are unhappy with the coaching services provided, we will be happy to refund the full amount of any unused coaching sessions left in the contract. We cannot refund the cost of any completed coaching sessions.

All transactions are conducted in United States dollars (USD) and no adjustment for changes in foreign exchange rates will be made.

18. Terms and Conditions Specific to Coaching or Course Purchase Offers

By providing your credit card and other information, agreeing to this Terms and Conditions, or selecting the “Purchase” button (or similar such button for monthly subscriptions) displayed on www.truesuccessco.com or any other related domains/sites/forms, you are purchasing a coaching contract or a course and are agreeing to allow us to charge your credit card for amounts payable to us pursuant to the offer.

19. Terms and Conditions Specific to Multiple Payment Purchase Offers

By providing your credit card and other information, agreeing to this Terms and Conditions, or selecting the “Purchase” button (or similar such button for multiple payment purchase offers) displayed on www.truesuccess.com or any other related domains/sites/forms, you are purchasing Immediate and full access to the purchased product. You agree to allow us to charge your credit card pursuant to the multiple payment purchase offer.

You agree to pay the amount(s) due per the Multiple Payment Purchases offer, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

You agree to pay the costs of collecting past due bills including attorney, court, and collection agency costs.

20. Electronic Communications

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

21. Assignment

You may not assign any of your rights under these Terms, and any such attempt will be null and void. True Success Co., LLC and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of True Success Co., LLC’s business is transferred
to another entity by way of merger, sale of its assets, or otherwise.

22. No Waiver

No waiver by True Success Co., LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by True Success Co., LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other
remaining provisions.

24. Termination

In the event that we terminate this Agreement, Sections 1-23, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

25. Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and True Success Co., LLC, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of this Agreement shall not be construed
against the drafting party.

26. Questions or Additional Information

If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by mail, or email at the following:

True Success Co., LLC

1155 Green Timber Trail

Dayton, OH 45458

Email: [email protected]