Terms of Service

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SERVICE (“TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING TO THE PROVEN SUCCESS WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES, AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS.

The use of www.provensuccess.co (along with subdomains, collectively, the “Website”), which is owned and maintained by Proven Success (“Proven Success,” “Proven Success AI,” “we,” “our,” “us”), is governed by the policies, terms, conditions, and notices set forth below. By accessing, using, or subscribing to the Website, you affirm that you have the right, authority, and capacity to enter into these policies, terms, conditions, and notices, and you and your business agree to abide by them. If you do not agree with all of these provisions, you are not authorized to use the Website, and you should leave the Website immediately.
These Terms, together with our Privacy Policy, form a legally binding agreement between you and Proven Success and govern your access to, use of, and attempted use of the Website and Services provided by Proven Success.

These Terms contain arbitration and class action waiver provisions that waive your right to a court hearing, jury trial, and participation in a class action lawsuit. Arbitration is mandatory and the exclusive remedy for any disputes, unless otherwise specified in Section 5.
Proven Success reserves the right to update and change these Terms at any time by posting updates to our Website. It is your responsibility to check this page periodically for changes. Use of the Website after changes constitutes acceptance of those changes.

To sign up as a paying Proven Success client, additional contractual terms may apply.

1. WEBSITE USE
1.1 Intended Users
The Website is intended for the educational benefit of adults and businesses operated by adults. By using the Website, you confirm that you are at least eighteen (18) years old or the legal age of majority in your jurisdiction, have the capacity to enter a binding contract, and have read and agree to these Terms.

1.2 Minors
If you are under eighteen (18) years old, a parent or legal guardian must read and agree to these Terms on your behalf. If they do not agree or you do not have permission, do not access or use the Website.

2. WEBSITE USER CONDUCT AND RESTRICTIONS
2.1 Intellectual Property Protection
All materials on our Website, including design elements, text, logos, images, videos, and other content, are protected by copyright, trademark, and other intellectual property laws. You agree not to copy, reproduce, distribute, republish, modify, or exploit any material from the Website without prior written consent. Unauthorized use may lead to legal action.

2.2 Limited License to Use
Proven Success grants you a limited, revocable, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the Website, subject to strict compliance with these Terms. You acknowledge you do not acquire ownership rights to any content or materials. Unauthorized actions, such as hacking, sharing obscene material, or attempting to access restricted areas of the Website, are prohibited and may lead to legal consequences.

3. OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and value the security of your personal information. Our Privacy Policy, available at www.privacy.provensuccess.co, governs the collection, use, and protection of your personal information. Proven Success reserves the right to modify its Privacy Policy at its reasonable discretion, and by using the Website, you agree to our Privacy Policy’s terms. Our Privacy Policy is incorporated into these Terms by reference.

4. PROHIBITED USE OF THE WEBSITE
You agree to not use the Website for any illegal or harmful purpose. Harmful activities include, but are not limited to:

Hacking or Digital Attacks: Interfering with the functionality or security of the Website, using malicious software, or unauthorized use of bots or scraping tools.

Spamming or Unsolicited Communications: Sending unsolicited messages, including email or social media spam, is strictly prohibited.

Offensive Communications: Posting or sending any offensive, hateful, or obscene material on or through the Website, or that violates the intellectual property of others.

Unauthorized Reproduction: Unless expressly permitted, you may not reproduce, distribute, or use any part of the Website or its content without written consent. Proven Success retains exclusive rights to all content and intellectual property.

5. INFORMATION YOU PROVIDE; REGISTRATION; USERNAMES AND PASSWORDS
As a user of the Proven Success Website, you may be required to create an account. By creating an account, you warrant that the information you provide is truthful, accurate, and not impersonating another person. You agree to keep your username and password confidential, and you will be held responsible for all activities under your account.

If you suspect unauthorized access to your account, you agree to immediately notify Proven Success. Proven Success is not liable for any loss or damage arising from your failure to safeguard your account details.

6. DISCLAIMER – INDIVIDUAL RESULTS WILL VARY
6.1 Each individual and business is unique, employing different methods, structures, strategies, products, and services. Therefore, results from using our services will vary. FACTORS IMPACTING INDIVIDUAL OR BUSINESS RESULTS INCLUDE, BUT ARE NOT LIMITED TO: LOCATION, BUSINESS MODEL, INDUSTRY, TEAM STRUCTURE, MARKET CONDITIONS, AND EXECUTION OF STRATEGIES PROVIDED.

6.2 Proven Success does not guarantee specific results, income, or business success from the use of our services. You acknowledge that your outcomes depend on your efforts, decision-making, and external market forces beyond our control. While we offer tools, strategies, and resources designed to enhance performance, these may not always be applicable to every business or individual situation.

6.3 We do not promise that you will earn back any fees paid for our services, nor do we offer any "get-rich-quick" schemes, guaranteed systems, or franchise opportunities. Proven Success solely provides resources and strategies that require time, effort, and skill to implement. Additionally, Proven Success does not provide tax, financial, or legal advice. Users are encouraged to consult qualified professionals for advice tailored to their specific needs.

7. YOUR RESPONSIBILITIES
7.1 You are solely responsible for complying with all relevant laws, regulations, and industry standards in your activities, including but not limited to advertising, marketing, taxes, and customer transactions. Proven Success shall not be held liable for any legal or regulatory violations committed by you or your business.

7.2 You agree to collect and report applicable taxes, including but not limited to sales and use taxes, and understand that Proven Success does not assume responsibility for these duties.

7.3 In the event of legal action or claims arising from your activities, you agree to indemnify and hold Proven Success harmless as detailed in Section 13.

8. TESTIMONIALS, REVIEWS, AND SUBMISSIONS
8.1 Proven Success appreciates feedback from users and clients. By providing testimonials, reviews, or other submissions, you grant us the right to use them for promotional purposes.

8.2 All submissions, including but not limited to reviews, testimonials, ideas, suggestions, or multimedia content, become non-proprietary and non-confidential upon submission. Proven Success reserves the perpetual, irrevocable, worldwide, and royalty-free right to use, modify, publish, and distribute such content across various platforms.

8.3 Testimonials and reviews reflect the unique experiences of the individuals or businesses providing them. Your experience may differ based on your circumstances. Proven Success reserves the right to edit submissions for clarity, length, or grammatical accuracy before publication.

9. DISCLAIMERS OF WARRANTIES
9.1 The Website, Content, and Services are provided “AS IS” and “AS AVAILABLE,” without any warranties of any kind, either expressed or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Proven Success does not guarantee uninterrupted, secure, or error-free access to its Website or Services. Additionally, we do not warrant that results obtained from our tools or resources will be accurate, complete, or reliable for your unique situation.

9.3 From time to time, we may modify, remove, or temporarily suspend access to parts of our Website or Services without notice, and we are not liable for any inconvenience caused as a result.

10. LIMITATIONS OF LIABILITY
10.1 To the fullest extent permitted by law, Proven Success, including its officers, employees, affiliates, and partners, shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from your use or inability to use our Website or Services. This includes, but is not limited to, lost profits, revenue, data, or opportunities.

10.2 If Proven Success is found liable under any legal theory, our total liability shall not exceed the lesser of (i) USD $1,000.00, or (ii) the total fees paid by you to Proven Success in the one (1) month period immediately preceding the claim.

10.3 Certain jurisdictions may not allow the exclusion or limitation of warranties or liability. In such cases, our liability is limited to the maximum extent permitted by applicable law.

11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
11.1 PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR YOUR USE OF THE WEBSITE MUST BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE THAT ANY CLAIMS WILL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.

In arbitration, a neutral arbitrator resolves disputes instead of a judge or jury. Arbitration provides a final, legally binding outcome and is less formal than court proceedings. While arbitration procedures may limit certain legal protections or remedies, they allow for the same individual relief a court would provide, including monetary, injunctive, or declaratory relief.

11.2 Before initiating arbitration, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. If the issue cannot be resolved within 120 days, either party may begin arbitration proceedings. Arbitration will be administered confidentially by a neutral arbitration organization, such as the American Arbitration Association (AAA), following its Commercial Arbitration Rules and Mediation Procedures, or another mutually agreed-upon organization. The arbitration will occur in Antipolo City, Philippines unless both parties agree to conduct it remotely via video, phone, or written submissions.
The arbitrator has exclusive authority to resolve disputes relating to the enforceability, interpretation, and validity of this arbitration agreement. Each party will bear its own costs, including attorney’s fees, unless applicable law states otherwise.

11.3 The arbitrator will follow the substantive laws of the Philippines, excluding its conflict-of-law provisions, and issue a written decision explaining the award. The arbitrator's decision will be final, binding, and enforceable in any court with jurisdiction over the matter.

11.4 All claims must be arbitrated individually and not consolidated with claims involving others. The arbitrator may not preside over class actions or representative proceedings. If this class action waiver is deemed unenforceable, this arbitration clause will be null and void in its entirety.

11.5 This arbitration agreement is governed by the Federal Arbitration Act (FAA) and will survive the termination of these Terms and any account or relationship you have with us. Claims must be brought within one (1) year after they arise, except where applicable law provides otherwise.

12. ADDITIONAL REMEDIES
In the event of a breach or potential breach of these Terms, including the infringement of intellectual property rights, we reserve the right to seek immediate legal remedies such as temporary, preliminary, or permanent injunctive relief in a court of law. This applies regardless of any arbitration agreement. You consent to the exclusive jurisdiction of courts located in Antipolo City, Philippines for such claims. This provision does not limit our ability to pursue other remedies, including monetary damages.

13. INDEMNIFICATION
To the maximum extent allowed by law, you agree to indemnify and hold harmless Proven Success, its officers, employees, agents, affiliates, licensors, and suppliers from any claims, losses, damages, or costs, including reasonable attorney’s fees, resulting from:

- Your use of the Website or Services.
- Your violation of these Terms or applicable law.
- Your infringement of third-party rights, including intellectual property rights.

This indemnification survives the termination of these Terms and your use of the Website or Services.

14. NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe any material on the Website infringes your copyright, you may send us a written notice requesting its removal. Include the following information in your notice:
A description of the copyrighted work allegedly infringed.
The URL or location of the material on the Website.
Your contact information (name, address, email, and phone).
A statement affirming your good faith belief that the use is unauthorized.
Your electronic or physical signature.
Send notices to:
Proven Success
Email: [email protected]
If we receive a valid counter-notice, the removed material may be restored unless you file a court action within 10 business days.

15. THIRD-PARTY LINKS
Our Website may contain links to external websites. These links are provided for convenience and do not signify endorsement. We are not responsible for the content, accuracy, or security of third-party sites. Use these links at your own risk and review their privacy and terms of use policies.

16. TERMINATION
These Terms become effective when you click "SUBMIT," "I ACCEPT," "I AGREE," or any similar button or link, submit information through the Website, or begin installing, accessing, or using the Website or any related services. If you fail to comply with any part of these Terms, we reserve the right, at our sole discretion, to terminate these Terms or suspend your access to the Website and related services without prior notice. Sections 6 through 13, 15 through 20, and 24 through 25 of these Terms, as well as any representations, warranties, or obligations you have made, will survive termination. Upon termination, you are still responsible for any outstanding payments owed on a non-prorated basis.

17. NO WAIVER
Failure or delay on our part to enforce any right or provision in these Terms does not constitute a waiver of such right or provision. Any waiver of rights will only be effective if provided in writing and signed by us.

18. GOVERNING LAW AND VENUE
These Terms, and any dispute arising from them, will be governed exclusively by the laws of the Philippines, without regard to its conflict-of-law principles. If any disputes are not subject to arbitration, they must be brought exclusively in the state or federal courts located in Antipolo City, and you consent to their jurisdiction. Disputes must be pursued individually, and class or representative actions are expressly prohibited. Each party will bear its own costs and attorney’s fees regardless of the outcome.

19. FORCE MAJEURE
We are not responsible for any delay or failure caused by events outside our reasonable control ("Force Majeure Events"). These include, but are not limited to, natural disasters, acts of war, labor strikes, government actions, or technical failures. Such delays or failures will not be considered breaches of these Terms.

20. ASSIGNMENT
We may assign our rights and obligations under these Terms without notifying you. You may not assign or transfer your rights or obligations under these Terms without our express written consent.

21. ELECTRONIC SIGNATURE
By using the Website or related services, you agree to electronic communication. Communications, agreements, notices, and disclosures provided electronically are equivalent to written communications and carry the same legal weight.

22. CHANGES TO THE AGREEMENT
We reserve the right to modify these Terms at any time. The most current version will always be available on our Website. It is your responsibility to review these Terms regularly. Your continued use of our Website after updates are posted constitutes acceptance of the revised Terms.

23. SEVERABILITY
If any part of these Terms is found to be invalid or unenforceable, the remaining sections will continue to be valid and enforceable. Invalid provisions may be modified or limited to reflect the original intent while remaining enforceable.

24. ENTIRE AGREEMENT
These Terms, along with our Privacy Policy and any additional policies referenced on the Website, represent the entire agreement between you and us, superseding any prior agreements or communications. Future services or features introduced will also be governed by these Terms. Any ambiguities in interpreting these Terms will not be construed against the drafting party.

25. CONTACT INFORMATION
We value your feedback and are happy to address any questions or concerns regarding our Terms or services. You may contact us by email at [email protected]
Notices to you may be delivered through email, or by posting a notice on our Website at our discretion.

Copyright 2024 – Proven Success – All Rights Reserved.