Terms

Last Updated: April 4, 2024 IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. Thank you for visiting topsuccessteam.com. These Terms and Conditions (“Terms”) are a binding legal agreement between you and Top Success Team (“Top Success Team,” “we,” or “us”) and you should carefully read these Terms before using our Website. We are willing to provide you with access to our Website only on the condition that you accept all of the terms and conditions contained herein. By accessing or using our Website, you agree to be bound by these Terms without change. If you are using this Website on behalf of a company or organization, such company or organization will also be considered a party to this Agreement. We maintain other terms and policies that supplement these Terms, such as our Privacy Policy (“Supplemental Agreements”) and any posted guidelines or rules applicable to such products or services. All such terms, policies, guidelines, and rules are incorporated by reference into these Terms. Where a conflict exists between these Terms and any Supplemental Agreement, the provisions of the applicable Supplemental Agreement shall control. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OUR REFUND POLICY, OR OUR PRIVACY POLICY, DO NOT ACCESS THE WEBSITE OR ANY SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. If you are under the age of 18, you may not use this Website. The Website and its offered products and services are accessible only to individuals who are at least eighteen (18) years of age and can enter legally binding contracts. Top Success Team, in its sole and absolute discretion, reserves the right to deny orders at any time and for any reason. By using this Website, you certify that you are eighteen (18) years old and agree to provide only correct, accurate, current, and complete information.

THE WEBSITE

For purposes of these Terms, “Website” means any Top Success Team website, application, software, program, platform, tool, digital channel and/or the Content (defined below), together with and including, all of the hardware, software, code, interfaces and connectivity used to operate and maintain the same.

LIMITED USE

Subject to these Terms, Top Success Team grants you a limited, revocable, non-transferable license to use the Website in accordance with these terms and conditions. You may also use the Website in its intended manner for legitimate purposes and shall not use, copy, reproduce, publish, display publicly, perform publicly, distribute, transmit, transfer, modify or create derivative works based on the Website, in whole or in part, without first obtaining written permission from Top Success Team.

ADDITIONAL RESTRICTIONS

You shall not use the Website for any purpose that is unlawful or prohibited by these Terms. You shall not use the Website in any manner that could damage, disable, overburden or impair Top Success Team server or any network connected to any Top Success Team server, or interfere with others’ use and enjoyment of any part of the Website. You shall not attempt to gain unauthorized access to the Website or other accounts, computer systems or networks, including through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. In no event shall you sell, resell or exploit for any commercial purposes, all or any part of the Website, or access to or use of the Website. You shall not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any part of the Website. Top Success Team does not permit or authorize use of or access to the Website to collect, compile, harvest or obtain any information about others, including others’ e-mail addresses. You shall not alter the Website or use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. The Website may be indexed by third parties. You shall not use the Website to post or transmit any unlawful, threatening, libelous, defamatory, fraudulent, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You shall not use the Website to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or any other unsolicited commercial communication or message (commercial or otherwise), or engage in spamming or flooding. IN addition, you shall not post or transmit material or information which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is protected by copyright, trademark or other proprietary right, unless you have the express written permission of the owner of such right, (iii) contains a virus, trojan horse, worm, bug or other harmful item or computer code, or (iv) is used to unlawfully collude against another person in restraint of trade or competition. You are responsible for your compliance with all applicable laws, regulations and policies of all relevant jurisdictions.

ORDERS/BILLING

Regarding the ordered products or services (or both) from Top Success Team, you agree to pay the total amount on the due date stated on the signed contract between you and Top Success Team. You shall have the choice to pay with a credit card or debit card. Your electronic signature shall be sufficient to authorize Top Success Team to charge you with the amount due. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. The use of your electronic signature by Top Success Team is mandated by the Electronic Signatures in Global and National Transactions Act and the Uniform Electronic Transactions Act. Both laws supersede all state laws that only recognizes paper and handwritten signatures.

PRICE POINTS & BILLING MODEL

Customers can choose to select multiple items based on their needs. Recurring billing products are:
  • $1.99/Month – ONLINE ADVERTISING 101
  • $4.95/Month – PINTEREST MARKETING BEGINNER’S CRASH COURSE
  • $7.00/Month – THE BASICS OF WEBSITE DEVELOPMENT
  • $8.99/Month -FACEBOOK MARKETING FOR LOCAL BUSINESS
  • $14.95/Month -UNDERSTANDING MODERN WEB DESIGN
  • $17.00/Month -GOOGLE ANALYTICS: TURNING DATA INTO STRATEGY
  • $37.00/Month -BEGINNER’S GUIDE TO WEBSITE HOSTING
By placing your monthly recurring order of any of the products above – you will be charged now and every 30 days thereafter until you cancel your subscription. You will receive an electronic notification 5 to 7 days prior to your transaction and receipt after each successful transaction. Customers can also choose to purchase these products or services for a one-time, non-recurring fee. These are:
  • $27.00 – GUIDE TO SOURCING WEB DESIGNERS
  • $47.00 – EASY WAYS TO MONETIZE YOUR WEBSITE
  • $77.00 – PROVEN TECHNIQUES AND TRENDS TO BOOST WEBSITE TRAFFIC
The customer is billed in advance using a one-time payment of the full cost of the program. Thereafter, the customer receives immediate access to the selected program.

COMPLETION OF PURCHASE AND PAYMENT

Upon purchase on this Website, you agree to the safe and secure use of your personal information under the company’s Privacy Policy. All purchases of products or services (or both) are finalized pursuant to these Terms.

CONSENT TO RECEIVE MARKETING

By filling out the contact information on our checkout page, you agree that Top Success Team and our affiliates may contact you about our services or a third party’s services, products, activities, or offers and for other marketing, information, product development and promotional purposes. If you would not like to be contacted, you can opt-out by checking the box on the checkout page or by contacting us at any time. Your data is not sold.

CANCELLATION OF SUBSCRIPTION AND REFUND POLICY

Consultation Services

Your satisfaction is of the utmost importance to us. Upon the purchase and finalization of your selected consultation package designed to your specific needs, you shall receive a contract for the product(s) or service(s) or both to be rendered. Upon the signing of the contract, you shall have a three-day right to cancel and receive a full refund. This period allows you to adjust your preferences and request a refund. After the expiration of the three-day right to cancel, you shall be ineligible for a full refund, as after the three-day right to cancel, Top Success Team incurs significant costs working on your purchased product(s) or service(s) to ensure they are ready in the discussed timeframe. On a case-per-case basis, requests for a partial refund shall be subject to the review of our Customer Support team. Our goal is to ensure a smooth transaction for both parties and negotiate in good faith to achieve a mutually satisfactory resolution. To request assistance or to cancel, contact our Customer Support via our Contact Us page. Please be reminded that eligibility for a full refund is in effect during the three-day right to cancel (i.e., 72 hours after contract signing). Otherwise, any request thereafter may be considered for a partial refund subject to the review and approval of our Customer Support team on a case-per-case basis. Please see our Refund Policy for more information.

Uptime Monitoring Services

If you decide to cancel your subscription, you have 30 days from the time of purchase to be eligible for a refund. Consequently, requests received after the 30-day cancellation period are automatically deemed ineligible for a refund. The existing Refund Policy shall apply depending on the type of service package purchased and the timeline of your decision to cancel. However, your next 30-day period will be cancelled. Please see our Refund Policy for more information. Please take note that funds are returned to the card you used at the time of purchase within 10-15 days. Any requests to return the funds to a different credit or debit card shall be rejected unconditionally.

Monthly Subscriptions

For cancellation of your monthly subscription, all future charges for the remaining months of your subscription shall be automatically cancelled. You may notify us at any time of your intent to cancel your subscription. All cancellation request shall become effective at the end of your current monthly billing period. No refund shall be given for such month; however, you shall retain full access to our services and other accompanying benefits for the remainder of your current monthly billing period. For cancellation and refund requests, contact our Customer Support team via our Contact Us page stating your name, email address, and contact number.

PRODUCT AND SERVICE DESCRIPTIONS

Top Success Team attempts to be as accurate as possible. However, Top Success Team does not warrant that product or service descriptions, or other Content of this Website is accurate, complete, reliable, current, or error-free.

DISCLAIMER WARRANTIES

THE WEBSITE, ITS CONTENT, AND ANY PRODUCT(S) AND/OR SERVICE(S) OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, IMPLIED AND EXPRESS, ARE RENOUNCED TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, THESE INCLUDE, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, AND FITNESS FOR A SPECIFIC PURPOSE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TOP SUCCESS TEAM MAKES NO WARRANTY THAT THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES: (A) SHALL MEET YOUR REQUIREMENTS; (B) SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS BE CORRECTED; (C) SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) SHALL HAVE SECURITY METHODS EMPLOYED THAT ARE ACCEPTABLE AGAINST INTERVENTION WITH YOUR ENJOYMENT OF THE WEBSITE, OR VIOLATION; (E) SHALL RESULT IN ANY SPECIFIC OUTCOME; OR (F) SHALL BE ACCURATE OR RELIABLE. THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. TOP SUCCESS TEAM IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOP SUCCESS TEAM OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOU RECOGNIZE AND AGREE THAT WE HAVE MADE NO IMPLICATIONS, WARRANTIES, PROMISES, SUGGESTIONS, REPRESENTTIONS OR GUARANTEES WHATSOEVER TO YOU ABOUT FUTURE PROSPECTS OR EARNINGS, OR THAT YOU WILL EARN ANY MONEY, WITH RESPECT TO YOUR USE OF THE WEBSITE OR ANY OF THE GOODS OR SERVICES MADE AVAILABLE ON THE WEBSITE OR THROUGH TOP SUCCESS TEAM, AND THAT WE HAVE NOT AUTHORIZED ANY SUCH PROJECTION, PROMISE, OR REPRESENTATION BY OTHERS. IF YOU BELIEVE YOU HAVE BEEN PROMISED A CERTAIN INCOME FROM OUR PROGRAMS OR SERVICES, PLEASE SEND A MESSAGE VIA OUR CONTACT US PAGE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND ACCEPT THAT TOP SUCCESS TEAM SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, AND EXEMPLARY DAMAGES, WHICH INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR USE, DATA, LOSS OF PROFITS, GOODWILL, OR IN SUBSTANTIAL SUPPLEMENTARY LOSSES EVEN IF TOP SUCCESS TEAM HAS BEEN COMMENDED OF THE PROBABILITY OF SUCH DAMAGES TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR (A) THE USE OR THE INABILITY TO USE THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES THEREIN; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, GOODS, CONTENT, INFORMATION, AND ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE FAILURE TO REALIZE ANY SPECIFIC RESULT FROM THE USE OF THE PRODUCT OR SERVICES, AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES THEREIN. THIS LIMITATION IS APPLICABLE TO ALL CAUSES OF ACTION AS A WHOLE, WHICH INCLUDES, BUT IS NOT LIMITED TO, MISREPRESENTATION, BREACH OF WARRANTY, NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY, AND ANY OTHER FORMS OF OFFENSES. YOU NOW AGREE TO RELEASE TOP SUCCESS TEAM FROM ANY LIABILITIES, OBLIGATIONS, AND CLAIMS BEYOND THE PRESCRIBED LIMITATIONS IN THIS AGREEMENT. IF THE APPLICABLE LAWS PROHIBIT SUCH LIMITATIONS, TOP SUCCESS TEAM MAXIMUM LIABILITY TO YOU SHALL BE BASED ON THE AMOUNT YOU PAID FOR THE AVAILED PRODUCTS OR SERVICES ON THE WEBSITE. NO ACTION SHALL BE ALLOWED, REGARDLESS OF TYPE AND FORM, IF IT IS BROUGHT BY YOU AFTER ONE (1) YEAR FROM THE DATE WHEN THE CAUSE OF ACTION HAPPENED. THE REFUTATION OF DAMAGES PRESCRIBED IN THE AFOREMENTIONED IS THE FUNDAMENTAL ELEMENT OF THE BARGAIN’S BASIS BETWEEN YOU AND TOP SUCCESS TEAM. ACCESS TO THE WEBSITE, AS WELL AS TO ITS OFFERED PRODUCTS OR SERVICES, SHALL ONLY BE GIVEN TO YOU WITH SUCH LIMITATIONS MENTIONED ABOVE. PLEASE NOTE THAT LIMITATIONS ON LIABILITY ARE NOT ALLOWED IN SOME JURISDICTIONS. THUS, IN THESE JURISDICTIONS, THE LIABILITY OF TOP SUCCESS TEAM IS LIMITED TO THE MAXIMUM EXTENT AUTHORIZED BY LAW.

COPYRIGHT & TRADEMARKS

All trademarks, product or service names, and Top Success Team names and logos appearing on the Website are the property of their respective owners. The Website contains data, information, software, videos, photographs, graphics, text, sounds, images, typefaces, and other materials (collectively, “Content”) that are covered by proprietary, copyrights, or other trademarks rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All rights to given Content are reserved to their corresponding copyright owners. Except as allowed by the fair use policies or privileges under international copyright laws, you may not upload, reproduce, distribute, or post in any way the Content secured by copyright, or other estate rights, without getting the permission of the owner of the copyright or other rights of proprietary nature. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. Scope of Use of Copyright and Trademarks.Top Success Team shall create and update the Website for your personal use, information, education, and communication. You may download material displayed on the Website for your personal use only excluding commercial use provided you respect all copyright and any proprietary notices contained on this Website and in our materials. You are not permitted to share, distribute, send, transmit, update, modify, use, reuse, repost the Website content for commercial or public reasons; this includes all content, specifically images and text, without first obtaining Top Success Team’s written approval. Top Success Team makes no claim or depiction that Website information is available in or appropriate for use in locations outside of the United States. Additionally, usage of the Top Success Team’s website from areas where the content of the Website may be inappropriate or illegal is not allowed. Those who opt to visit the Website from other areas can do so on their discretion and are responsible for conformity with their laws.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement should be sent to Top Success Team as the copyright agent.

INDEMNIFICATIONS

You agree to indemnify and hold Top Success Team, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors, and other partners, free from and against any claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands and judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and products or services purchased therefrom; (b) your breach of these Terms; or (c) your violation of any rights of another individual or entity.

THIRD PARTY WEBSITES

The Website may contain links to other websites on the Internet that are owned and operated by third parties. Top Success Team does not control the information, products, or services available on these third-party websites. The inclusion of any link does not imply endorsement by Top Success Team of the applicable website or any association with the website’s operators. Because Top Success Team has no control over such websites and resources, you agree that Top Success Team is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites, or for the protection of your data privacy by third parties. Any dealings with or participation in promotions offered by advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, warranties, representations, or conditions associated with such promotions or dealings, are entirely between you and the relevant third parties or advertisers. You further agree that Top Success Team shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.

CHANGES OR DENY ACCESS

Top Success Team reserves the right, at any time with or without prior notice, to change he Website, limit access to the Website or shut down the Website.

RELATIONSHIP

Neither you nor Top Success Team, or its affiliates, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND TOP SUCCESS TEAM AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. By agreeing to these Terms, you agree to resolve any and all disputes with Top Success Team as follows:

Initial Dispute Resolution

Most disputes can be resolved without resort to litigation. You can reach Top Success Team via the Contact Us page. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Top Success Team, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of our website, products, or services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforcement, or formatting of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgement in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Top Success Team will pay the additional costs. If the arbitrator finds that the arbitration to be non-frivolous, Top Success Team will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. You and Top Success Team waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. You and Top Success Team are instead electing to have claims and disputes resolved by arbitration. The parties understand that, in some instances, the cost of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. In any litigation between you and Top Success Team over whether to vacate or enforce an arbitration award, you and Top Success Team waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge. Arbitration must be initiated in the United States. You and Top Success Team agree to submit to the personal jurisdiction of any federal or state court in the United States of America in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

Class Action Waiver

The parties further agree that arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND TOP SUCCESS TEAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Litigation for Injunctions and Small Claims Court Cases

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Either party may also seek injunctive relief through the judicial process.

30-Day Right to Opt-Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within 30 days of your agreement to these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the above paragraphs. If you opt out of these arbitration provisions, Top Success Team also will not be bound by them.

Changes to this Section

Top Success Team will provide 30 days’ notice of any changes to this section posting notice on the Website. Amendments will become effective 30 days after they are posted on the website and sent to you. Changes to this section will otherwise apply prospectively to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the website.

Survival

This Arbitration and Class Action Waiver section shall survive termination of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms and its performance shall be governed by the laws of the United States, without regard to its conflict of laws provisions.

INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of this Agreement will cause such damage to Top Success Team as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Top Success Team shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Top Success Team in obtaining such injunction, including reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.

TERMINATION

Top Success Team may, in its sole discretion, terminate these Terms at any time for any or no reason, with or without prior notice. Without limiting the foregoing, Top Success Team may terminate these Terms if, in its sole discretion, you failed to comply with any of the terms and conditions herein. Any termination shall not affect any right to relief to which Top Success Team, its affiliates and any third-party providers may be entitled, at law or in equity. Upon termination, all rights granted to you will immediately terminate and revert to Top Success Team, and you shall immediately cease all of the Website and Content. The provisions of these Terms which by their express or implied terms extend beyond termination, and shall continue in full force and effect notwithstanding the termination of these Terms, including any disclaim of warranties, limitations of liability, indemnification, ownership and restrictions on use.

MODIFICATION

Top Success Team may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms and update the “Last Updated” date at the top of these Terms. Your continued access and use of the Website observing posted notice comprises your acknowledgment of all the terms and conditions consistent within the Terms in effect at that time. Therefore, you should regularly check this page for updates and changes. Unless notably stated otherwise, any subsequent offers, products, or services made accessible to you on the Website shall be subject to the Terms posted at the time of your purchase.

ADDITIONAL TERMS

Additional terms and conditions, licenses, and obligations may apply to purchases of goods and services on the Website, and you agree to abide by any such other terms and conditions.

Severability

These Terms shall be deemed severable. If any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any remaining provisions.

Waiver

Top Success Team’ failure at any time to require performance of any provision of these Terms or to exercise any right provided for in these Terms shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Top Success Team of any breach of any provision of these Terms or of any right provided in these Terms shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the terms and conditions herein. As used in these Terms, “including” shall mean “including, but not limited to”.

Entire Agreement

These Terms, together with any terms and conditions incorporated herein or referred to herein (including the Privacy Policy), constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing or as provided herein.

CONTACT US

If you have any questions about the Agreement or the practices of Top Success Team LLC, please contact us here:
Top Success Team LLC
385 Continental Court,
Thousand Oaks, CA 91320
+1 (877) 498-6119
[email protected]

Last Updated: December 3, 2023

IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

Thank you for visiting topsuccessteam.com.

These Terms and Conditions (“Terms”) are a binding legal agreement between you and Top Success Team (“Top Success Team,” “we,” or “us”) and you should carefully read these Terms before using our Website. We are willing to provide you with access to our Website only on the condition that you accept all of the terms and conditions contained herein. By accessing or using our Website, you agree to be bound by these Terms without change. If you are using this Website on behalf of a company or organization, such company or organization will also be considered a party to this Agreement.

We maintain other terms and policies that supplement these Terms, such as our Privacy Policy (“Supplemental Agreements”) and any posted guidelines or rules applicable to such products or services. All such terms, policies, guidelines, and rules are incorporated by reference into these Terms. Where a conflict exists between these Terms and any Supplemental Agreement, the provisions of the applicable Supplemental Agreement shall control.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OUR REFUND POLICY, OR OUR PRIVACY POLICY, DO NOT ACCESS THE WEBSITE OR ANY SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.

If you are under the age of 18, you may not use this Website. The Website and its offered products and services are accessible only to individuals who are at least eighteen (18) years of age and can enter legally binding contracts. Top Success Team, in its sole and absolute discretion, reserves the right to deny orders at any time and for any reason. By using this Website, you certify that you are eighteen (18) years old and agree to provide only correct, accurate, current, and complete information.

THE WEBSITE

For purposes of these Terms, “Website” means any Top Success Team website, application, software, program, platform, tool, digital channel and/or the Content (defined below), together with and including, all of the hardware, software, code, interfaces and connectivity used to operate and maintain the same.

LIMITED USE

Subject to these Terms, Top Success Team grants you a limited, revocable, non-transferable license to use the Website in accordance with these terms and conditions. You may also use the Website in its intended manner for legitimate purposes and shall not use, copy, reproduce, publish, display publicly, perform publicly, distribute, transmit, transfer, modify or create derivative works based on the Website, in whole or in part, without first obtaining written permission from Top Success Team.

ADDITIONAL RESTRICTIONS

You shall not use the Website for any purpose that is unlawful or prohibited by these Terms. You shall not use the Website in any manner that could damage, disable, overburden or impair Top Success Team server or any network connected to any Top Success Team server, or interfere with others’ use and enjoyment of any part of the Website. You shall not attempt to gain unauthorized access to the Website or other accounts, computer systems or networks, including through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

In no event shall you sell, resell or exploit for any commercial purposes, all or any part of the Website, or access to or use of the Website. You shall not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any part of the Website. Top Success Team does not permit or authorize use of or access to the Website to collect, compile, harvest or obtain any information about others, including others’ e-mail addresses. You shall not alter the Website or use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. The Website may be indexed by third parties.

You shall not use the Website to post or transmit any unlawful, threatening, libelous, defamatory, fraudulent, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You shall not use the Website to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or any other unsolicited commercial communication or message (commercial or otherwise), or engage in spamming or flooding. IN addition, you shall not post or transmit material or information which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is protected by copyright, trademark or other proprietary right, unless you have the express written permission of the owner of such right, (iii) contains a virus, trojan horse, worm, bug or other harmful item or computer code, or (iv) is used to unlawfully collude against another person in restraint of trade or competition. You are responsible for your compliance with all applicable laws, regulations and policies of all relevant jurisdictions.

ORDERS/BILLING

Regarding the ordered products or services (or both) from Top Success Team, you agree to pay the total amount on the due date stated on the signed contract between you and Top Success Team. You shall have the choice to pay with a credit card or debit card. Your electronic signature shall be sufficient to authorize Top Success Team to charge you with the amount due. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. The use of your electronic signature by Top Success Team is mandated by the Electronic Signatures in Global and National Transactions Act and the Uniform Electronic Transactions Act. Both laws supersede all state laws that only recognizes paper and handwritten signatures.

PRICE POINTS & BILLING MODEL

Customers can choose to select multiple items based on their needs.

Recurring billing products are:

  • $9.95/Month – UPTIME MONITORING (STARTER)
  • $19.95/Month – UPTIME MONITORING (BUSINESS)
  • $29.95/Month – UPTIME MONITORING (PROFESSIONAL)

Customers can also choose to purchase these products or services for a one-time, non-recurring fee. These are:

  • $99 – THE FUNDAMENTALS OF CONTENT MARKETING
  • $199 – GENERATING CONSUMER INTEREST
  • $299 – THE HANDBOOK ON GETTING INTERNET TRAFFIC AND THE SECRETS OF INTERNET MARKETING
  • $499 – SALES FUNNEL CREATION
  • $699 – SOCIAL MEDIA MARKETING (STANDARD)
  • $1,000 – SOCIAL MEDIA MARKETING (PREMIUM)
  • $1,500 – SALES FUNNEL CREATION + SOCIAL MEDIA MARKETING
  • $2,000 – SALES FUNNEL CREATION + VIDEO SALES LETTER
  •  
  • $5,000 – PREMIUM MARKETING AND SALES FUNNEL OPTIMIZATION
  • $6,500 – BUSINESS ENTITY FORMATION AND DEVELOPMENT
  • $7,500 – SITE CREATION AND DEVELOPMENT + SALES FUNNEL CREATION + VIDEO SALES LETTER
  • Price available upon request – BUSINESS WEBSITE CUSTOMIZATION SERVICES

The customer is billed in advance using a one-time payment of the full cost of the program. Thereafter, the customer receives immediate access to the selected program.

COMPLETION OF PURCHASE AND PAYMENT

Upon purchase on this Website, you agree to the safe and secure use of your personal information under the company’s Privacy Policy. All purchases of products or services (or both) are finalized pursuant to these Terms.

CONSENT TO RECEIVE MARKETING

By filling out the contact information on our checkout page, you agree that Top Success Team and our affiliates may contact you about our services or a third party’s services, products, activities, or offers and for other marketing, information, product development and promotional purposes. If you would not like to be contacted, you can opt-out by checking the box on the checkout page or by contacting us at any time. Your data is not sold.

CANCELLATION OF SUBSCRIPTION AND REFUND POLICY

Consultation Services

Your satisfaction is of the utmost importance to us. Upon the purchase and finalization of your selected consultation package designed to your specific needs, you shall receive a contract for the product(s) or service(s) or both to be rendered. Upon the signing of the contract, you shall have a three-day right to cancel and receive a full refund. This period allows you to adjust your preferences and request a refund. After the expiration of the three-day right to cancel, you shall be ineligible for a full refund, as after the three-day right to cancel, Top Success Team incurs significant costs working on your purchased product(s) or service(s) to ensure they are ready in the discussed timeframe. On a case-per-case basis, requests for a partial refund shall be subject to the review of our Customer Support team. Our goal is to ensure a smooth transaction for both parties and negotiate in good faith to achieve a mutually satisfactory resolution.

To request assistance or to cancel, contact our Customer Support via our Contact Us page. Please be reminded that eligibility for a full refund is in effect during the three-day right to cancel (i.e., 72 hours after contract signing). Otherwise, any request thereafter may be considered for a partial refund subject to the review and approval of our Customer Support team on a case-per-case basis. Please see our Refund Policy for more information.

Uptime Monitoring Services

If you decide to cancel your subscription, you have 30 days from the time of purchase to be eligible for a refund. Consequently, requests received after the 30-day cancellation period are automatically deemed ineligible for a refund. The existing Refund Policy shall apply depending on the type of service package purchased and the timeline of your decision to cancel. However, your next 30-day period will be cancelled. Please see our Refund Policy for more information.

Please take note that funds are returned to the card you used at the time of purchase within 10-15 days. Any requests to return the funds to a different credit or debit card shall be rejected unconditionally.

Monthly Subscriptions

For cancellation of your monthly subscription, all future charges for the remaining months of your subscription shall be automatically cancelled. You may notify us at any time of your intent to cancel your subscription. All cancellation request shall become effective at the end of your current monthly billing period. No refund shall be given for such month; however, you shall retain full access to our services and other accompanying benefits for the remainder of your current monthly billing period.

For cancellation and refund requests, contact our Customer Support team via our Contact Us page stating your name, email address, and contact number.

PRODUCT AND SERVICE DESCRIPTIONS

Top Success Team attempts to be as accurate as possible. However, Top Success Team does not warrant that product or service descriptions, or other Content of this Website is accurate, complete, reliable, current, or error-free.

DISCLAIMER WARRANTIES

THE WEBSITE, ITS CONTENT, AND ANY PRODUCT(S) AND/OR SERVICE(S) OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, IMPLIED AND EXPRESS, ARE RENOUNCED TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, THESE INCLUDE, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, AND FITNESS FOR A SPECIFIC PURPOSE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TOP SUCCESS TEAM MAKES NO WARRANTY THAT THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES: (A) SHALL MEET YOUR REQUIREMENTS; (B) SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS BE CORRECTED; (C) SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) SHALL HAVE SECURITY METHODS EMPLOYED THAT ARE ACCEPTABLE AGAINST INTERVENTION WITH YOUR ENJOYMENT OF THE WEBSITE, OR VIOLATION; (E) SHALL RESULT IN ANY SPECIFIC OUTCOME; OR (F) SHALL BE ACCURATE OR RELIABLE. THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. TOP SUCCESS TEAM IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOP SUCCESS TEAM OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOU RECOGNIZE AND AGREE THAT WE HAVE MADE NO IMPLICATIONS, WARRANTIES, PROMISES, SUGGESTIONS, REPRESENTTIONS OR GUARANTEES WHATSOEVER TO YOU ABOUT FUTURE PROSPECTS OR EARNINGS, OR THAT YOU WILL EARN ANY MONEY, WITH RESPECT TO YOUR USE OF THE WEBSITE OR ANY OF THE GOODS OR SERVICES MADE AVAILABLE ON THE WEBSITE OR THROUGH TOP SUCCESS TEAM, AND THAT WE HAVE NOT AUTHORIZED ANY SUCH PROJECTION, PROMISE, OR REPRESENTATION BY OTHERS. IF YOU BELIEVE YOU HAVE BEEN PROMISED A CERTAIN INCOME FROM OUR PROGRAMS OR SERVICES, PLEASE SEND A MESSAGE VIA OUR CONTACT US PAGE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND ACCEPT THAT TOP SUCCESS TEAM SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, AND EXEMPLARY DAMAGES, WHICH INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR USE, DATA, LOSS OF PROFITS, GOODWILL, OR IN SUBSTANTIAL SUPPLEMENTARY LOSSES EVEN IF TOP SUCCESS TEAM HAS BEEN COMMENDED OF THE PROBABILITY OF SUCH DAMAGES TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR (A) THE USE OR THE INABILITY TO USE THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES THEREIN; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, GOODS, CONTENT, INFORMATION, AND ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE FAILURE TO REALIZE ANY SPECIFIC RESULT FROM THE USE OF THE PRODUCT OR SERVICES, AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES THEREIN.

THIS LIMITATION IS APPLICABLE TO ALL CAUSES OF ACTION AS A WHOLE, WHICH INCLUDES, BUT IS NOT LIMITED TO, MISREPRESENTATION, BREACH OF WARRANTY, NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY, AND ANY OTHER FORMS OF OFFENSES. YOU NOW AGREE TO RELEASE TOP SUCCESS TEAM FROM ANY LIABILITIES, OBLIGATIONS, AND CLAIMS BEYOND THE PRESCRIBED LIMITATIONS IN THIS AGREEMENT. IF THE APPLICABLE LAWS PROHIBIT SUCH LIMITATIONS, TOP SUCCESS TEAM MAXIMUM LIABILITY TO YOU SHALL BE BASED ON THE AMOUNT YOU PAID FOR THE AVAILED PRODUCTS OR SERVICES ON THE WEBSITE. NO ACTION SHALL BE ALLOWED, REGARDLESS OF TYPE AND FORM, IF IT IS BROUGHT BY YOU AFTER ONE (1) YEAR FROM THE DATE WHEN THE CAUSE OF ACTION HAPPENED. THE REFUTATION OF DAMAGES PRESCRIBED IN THE AFOREMENTIONED IS THE FUNDAMENTAL ELEMENT OF THE BARGAIN’S BASIS BETWEEN YOU AND TOP SUCCESS TEAM. ACCESS TO THE WEBSITE, AS WELL AS TO ITS OFFERED PRODUCTS OR SERVICES, SHALL ONLY BE GIVEN TO YOU WITH SUCH LIMITATIONS MENTIONED ABOVE. PLEASE NOTE THAT LIMITATIONS ON LIABILITY ARE NOT ALLOWED IN SOME JURISDICTIONS. THUS, IN THESE JURISDICTIONS, THE LIABILITY OF TOP SUCCESS TEAM IS LIMITED TO THE MAXIMUM EXTENT AUTHORIZED BY LAW.

COPYRIGHT & TRADEMARKS

All trademarks, product or service names, and Top Success Team names and logos appearing on the Website are the property of their respective owners. The Website contains data, information, software, videos, photographs, graphics, text, sounds, images, typefaces, and other materials (collectively, “Content”) that are covered by proprietary, copyrights, or other trademarks rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All rights to given Content are reserved to their corresponding copyright owners. Except as allowed by the fair use policies or privileges under international copyright laws, you may not upload, reproduce, distribute, or post in any way the Content secured by copyright, or other estate rights, without getting the permission of the owner of the copyright or other rights of proprietary nature. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.

Scope of Use of Copyright and Trademarks.Top Success Team shall create and update the Website for your personal use, information, education, and communication. You may download material displayed on the Website for your personal use only excluding commercial use provided you respect all copyright and any proprietary notices contained on this Website and in our materials. You are not permitted to share, distribute, send, transmit, update, modify, use, reuse, repost the Website content for commercial or public reasons; this includes all content, specifically images and text, without first obtaining Top Success Team’s written approval. Top Success Team makes no claim or depiction that Website information is available in or appropriate for use in locations outside of the United States. Additionally, usage of the Top Success Team’s website from areas where the content of the Website may be inappropriate or illegal is not allowed. Those who opt to visit the Website from other areas can do so on their discretion and are responsible for conformity with their laws.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement should be sent to Top Success Team as the copyright agent.

INDEMNIFICATIONS

You agree to indemnify and hold Top Success Team, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors, and other partners, free from and against any claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands and judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and products or services purchased therefrom; (b) your breach of these Terms; or (c) your violation of any rights of another individual or entity.

THIRD PARTY WEBSITES

The Website may contain links to other websites on the Internet that are owned and operated by third parties. Top Success Team does not control the information, products, or services available on these third-party websites. The inclusion of any link does not imply endorsement by Top Success Team of the applicable website or any association with the website’s operators. Because Top Success Team has no control over such websites and resources, you agree that Top Success Team is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites, or for the protection of your data privacy by third parties. Any dealings with or participation in promotions offered by advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, warranties, representations, or conditions associated with such promotions or dealings, are entirely between you and the relevant third parties or advertisers. You further agree that Top Success Team shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.

CHANGES OR DENY ACCESS

Top Success Team reserves the right, at any time with or without prior notice, to change he Website, limit access to the Website or shut down the Website.

RELATIONSHIP

Neither you nor Top Success Team, or its affiliates, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND TOP SUCCESS TEAM AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. By agreeing to these Terms, you agree to resolve any and all disputes with Top Success Team as follows:

Initial Dispute Resolution

Most disputes can be resolved without resort to litigation. You can reach Top Success Team via the Contact Us page. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Top Success Team, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of our website, products, or services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforcement, or formatting of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgement in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Top Success Team will pay the additional costs. If the arbitrator finds that the arbitration to be non-frivolous, Top Success Team will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

You and Top Success Team waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. You and Top Success Team are instead electing to have claims and disputes resolved by arbitration. The parties understand that, in some instances, the cost of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. In any litigation between you and Top Success Team over whether to vacate or enforce an arbitration award, you and Top Success Team waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

Arbitration must be initiated in the United States. You and Top Success Team agree to submit to the personal jurisdiction of any federal or state court in the United States of America in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

Class Action Waiver

The parties further agree that arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND TOP SUCCESS TEAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Litigation for Injunctions and Small Claims Court Cases

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Either party may also seek injunctive relief through the judicial process.

30-Day Right to Opt-Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within 30 days of your agreement to these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the above paragraphs. If you opt out of these arbitration provisions, Top Success Team also will not be bound by them.

Changes to this Section

Top Success Team will provide 30 days’ notice of any changes to this section posting notice on the Website. Amendments will become effective 30 days after they are posted on the website and sent to you. Changes to this section will otherwise apply prospectively to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the website.

Survival

This Arbitration and Class Action Waiver section shall survive termination of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms and its performance shall be governed by the laws of the United States, without regard to its conflict of laws provisions.

INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of this Agreement will cause such damage to Top Success Team as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Top Success Team shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Top Success Team in obtaining such injunction, including reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.

TERMINATION

Top Success Team may, in its sole discretion, terminate these Terms at any time for any or no reason, with or without prior notice. Without limiting the foregoing, Top Success Team may terminate these Terms if, in its sole discretion, you failed to comply with any of the terms and conditions herein. Any termination shall not affect any right to relief to which Top Success Team, its affiliates and any third-party providers may be entitled, at law or in equity. Upon termination, all rights granted to you will immediately terminate and revert to Top Success Team, and you shall immediately cease all of the Website and Content. The provisions of these Terms which by their express or implied terms extend beyond termination, and shall continue in full force and effect notwithstanding the termination of these Terms, including any disclaim of warranties, limitations of liability, indemnification, ownership and restrictions on use.

MODIFICATION

Top Success Team may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms and update the “Last Updated” date at the top of these Terms. Your continued access and use of the Website observing posted notice comprises your acknowledgment of all the terms and conditions consistent within the Terms in effect at that time. Therefore, you should regularly check this page for updates and changes. Unless notably stated otherwise, any subsequent offers, products, or services made accessible to you on the Website shall be subject to the Terms posted at the time of your purchase.

ADDITIONAL TERMS

Additional terms and conditions, licenses, and obligations may apply to purchases of goods and services on the Website, and you agree to abide by any such other terms and conditions.

Severability

These Terms shall be deemed severable. If any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any remaining provisions.

Waiver

Top Success Team’ failure at any time to require performance of any provision of these Terms or to exercise any right provided for in these Terms shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Top Success Team of any breach of any provision of these Terms or of any right provided in these Terms shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the terms and conditions herein. As used in these Terms, “including” shall mean “including, but not limited to”.

Entire Agreement

These Terms, together with any terms and conditions incorporated herein or referred to herein (including the Privacy Policy), constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing or as provided herein.

CONTACT US

If you have any questions about the Agreement or the practices of Top Success Team LLC, please contact us here:

Top Success Team LLC
385 Continental Court,
Thousand Oaks, CA 91320

+1 (855) 775-9565
[email protected]

Last Updated: December 3, 2023

IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

Thank you for visiting topsuccessteam.com.

These Terms and Conditions (“Terms”) are a binding legal agreement between you and Top Success Team (“Top Success Team,” “we,” or “us”) and you should carefully read these Terms before using our Website. We are willing to provide you with access to our Website only on the condition that you accept all of the terms and conditions contained herein. By accessing or using our Website, you agree to be bound by these Terms without change. If you are using this Website on behalf of a company or organization, such company or organization will also be considered a party to this Agreement.

We maintain other terms and policies that supplement these Terms, such as our Privacy Policy (“Supplemental Agreements”) and any posted guidelines or rules applicable to such products or services. All such terms, policies, guidelines, and rules are incorporated by reference into these Terms. Where a conflict exists between these Terms and any Supplemental Agreement, the provisions of the applicable Supplemental Agreement shall control.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OUR REFUND POLICY, OR OUR PRIVACY POLICY, DO NOT ACCESS THE WEBSITE OR ANY SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.

If you are under the age of 18, you may not use this Website. The Website and its offered products and services are accessible only to individuals who are at least eighteen (18) years of age and can enter legally binding contracts. Top Success Team, in its sole and absolute discretion, reserves the right to deny orders at any time and for any reason. By using this Website, you certify that you are eighteen (18) years old and agree to provide only correct, accurate, current, and complete information.

THE WEBSITE

For purposes of these Terms, “Website” means any Top Success Team website, application, software, program, platform, tool, digital channel and/or the Content (defined below), together with and including, all of the hardware, software, code, interfaces and connectivity used to operate and maintain the same.

LIMITED USE

Subject to these Terms, Top Success Team grants you a limited, revocable, non-transferable license to use the Website in accordance with these terms and conditions. You may also use the Website in its intended manner for legitimate purposes and shall not use, copy, reproduce, publish, display publicly, perform publicly, distribute, transmit, transfer, modify or create derivative works based on the Website, in whole or in part, without first obtaining written permission from Top Success Team.

ADDITIONAL RESTRICTIONS

You shall not use the Website for any purpose that is unlawful or prohibited by these Terms. You shall not use the Website in any manner that could damage, disable, overburden or impair Top Success Team server or any network connected to any Top Success Team server, or interfere with others’ use and enjoyment of any part of the Website. You shall not attempt to gain unauthorized access to the Website or other accounts, computer systems or networks, including through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

In no event shall you sell, resell or exploit for any commercial purposes, all or any part of the Website, or access to or use of the Website. You shall not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any part of the Website. Top Success Team does not permit or authorize use of or access to the Website to collect, compile, harvest or obtain any information about others, including others’ e-mail addresses. You shall not alter the Website or use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. The Website may be indexed by third parties.

You shall not use the Website to post or transmit any unlawful, threatening, libelous, defamatory, fraudulent, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You shall not use the Website to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or any other unsolicited commercial communication or message (commercial or otherwise), or engage in spamming or flooding. IN addition, you shall not post or transmit material or information which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is protected by copyright, trademark or other proprietary right, unless you have the express written permission of the owner of such right, (iii) contains a virus, trojan horse, worm, bug or other harmful item or computer code, or (iv) is used to unlawfully collude against another person in restraint of trade or competition. You are responsible for your compliance with all applicable laws, regulations and policies of all relevant jurisdictions.

ORDERS/BILLING

Regarding the ordered products or services (or both) from Top Success Team, you agree to pay the total amount on the due date stated on the signed contract between you and Top Success Team. You shall have the choice to pay with a credit card or debit card. Your electronic signature shall be sufficient to authorize Top Success Team to charge you with the amount due. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. The use of your electronic signature by Top Success Team is mandated by the Electronic Signatures in Global and National Transactions Act and the Uniform Electronic Transactions Act. Both laws supersede all state laws that only recognizes paper and handwritten signatures.

PRICE POINTS & BILLING MODEL

Customers can choose to select multiple items based on their needs.

Recurring billing products are:

  • $9.95/Month – UPTIME MONITORING (STARTER)
  • $19.95/Month – UPTIME MONITORING (BUSINESS)
  • $29.95/Month – UPTIME MONITORING (PROFESSIONAL)

Customers can also choose to purchase these products or services for a one-time, non-recurring fee. These are:

  • $99 – THE FUNDAMENTALS OF CONTENT MARKETING
  • $199 – GENERATING CONSUMER INTEREST
  • $299 – THE HANDBOOK ON GETTING INTERNET TRAFFIC AND THE SECRETS OF INTERNET MARKETING
  • $499 – SALES FUNNEL CREATION
  • $699 – SOCIAL MEDIA MARKETING (STANDARD)
  • $1,000 – SOCIAL MEDIA MARKETING (PREMIUM)
  • $1,500 – SALES FUNNEL CREATION + SOCIAL MEDIA MARKETING
  • $2,000 – SALES FUNNEL CREATION + VIDEO SALES LETTER
  •  
  • $5,000 – PREMIUM MARKETING AND SALES FUNNEL OPTIMIZATION
  • $6,500 – BUSINESS ENTITY FORMATION AND DEVELOPMENT
  • $7,500 – SITE CREATION AND DEVELOPMENT + SALES FUNNEL CREATION + VIDEO SALES LETTER
  • Price available upon request – BUSINESS WEBSITE CUSTOMIZATION SERVICES

The customer is billed in advance using a one-time payment of the full cost of the program. Thereafter, the customer receives immediate access to the selected program.

COMPLETION OF PURCHASE AND PAYMENT

Upon purchase on this Website, you agree to the safe and secure use of your personal information under the company’s Privacy Policy. All purchases of products or services (or both) are finalized pursuant to these Terms.

CONSENT TO RECEIVE MARKETING

By filling out the contact information on our checkout page, you agree that Top Success Team and our affiliates may contact you about our services or a third party’s services, products, activities, or offers and for other marketing, information, product development and promotional purposes. If you would not like to be contacted, you can opt-out by checking the box on the checkout page or by contacting us at any time. Your data is not sold.

CANCELLATION OF SUBSCRIPTION AND REFUND POLICY

Consultation Services

Your satisfaction is of the utmost importance to us. Upon the purchase and finalization of your selected consultation package designed to your specific needs, you shall receive a contract for the product(s) or service(s) or both to be rendered. Upon the signing of the contract, you shall have a three-day right to cancel and receive a full refund. This period allows you to adjust your preferences and request a refund. After the expiration of the three-day right to cancel, you shall be ineligible for a full refund, as after the three-day right to cancel, Top Success Team incurs significant costs working on your purchased product(s) or service(s) to ensure they are ready in the discussed timeframe. On a case-per-case basis, requests for a partial refund shall be subject to the review of our Customer Support team. Our goal is to ensure a smooth transaction for both parties and negotiate in good faith to achieve a mutually satisfactory resolution.

To request assistance or to cancel, contact our Customer Support via our Contact Us page. Please be reminded that eligibility for a full refund is in effect during the three-day right to cancel (i.e., 72 hours after contract signing). Otherwise, any request thereafter may be considered for a partial refund subject to the review and approval of our Customer Support team on a case-per-case basis. Please see our Refund Policy for more information.

Uptime Monitoring Services

If you decide to cancel your subscription, you have 30 days from the time of purchase to be eligible for a refund. Consequently, requests received after the 30-day cancellation period are automatically deemed ineligible for a refund. The existing Refund Policy shall apply depending on the type of service package purchased and the timeline of your decision to cancel. However, your next 30-day period will be cancelled. Please see our Refund Policy for more information.

Please take note that funds are returned to the card you used at the time of purchase within 10-15 days. Any requests to return the funds to a different credit or debit card shall be rejected unconditionally.

Monthly Subscriptions

For cancellation of your monthly subscription, all future charges for the remaining months of your subscription shall be automatically cancelled. You may notify us at any time of your intent to cancel your subscription. All cancellation request shall become effective at the end of your current monthly billing period. No refund shall be given for such month; however, you shall retain full access to our services and other accompanying benefits for the remainder of your current monthly billing period.

For cancellation and refund requests, contact our Customer Support team via our Contact Us page stating your name, email address, and contact number.

PRODUCT AND SERVICE DESCRIPTIONS

Top Success Team attempts to be as accurate as possible. However, Top Success Team does not warrant that product or service descriptions, or other Content of this Website is accurate, complete, reliable, current, or error-free.

DISCLAIMER WARRANTIES

THE WEBSITE, ITS CONTENT, AND ANY PRODUCT(S) AND/OR SERVICE(S) OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, IMPLIED AND EXPRESS, ARE RENOUNCED TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, THESE INCLUDE, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, AND FITNESS FOR A SPECIFIC PURPOSE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TOP SUCCESS TEAM MAKES NO WARRANTY THAT THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES: (A) SHALL MEET YOUR REQUIREMENTS; (B) SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS BE CORRECTED; (C) SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) SHALL HAVE SECURITY METHODS EMPLOYED THAT ARE ACCEPTABLE AGAINST INTERVENTION WITH YOUR ENJOYMENT OF THE WEBSITE, OR VIOLATION; (E) SHALL RESULT IN ANY SPECIFIC OUTCOME; OR (F) SHALL BE ACCURATE OR RELIABLE. THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. TOP SUCCESS TEAM IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOP SUCCESS TEAM OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOU RECOGNIZE AND AGREE THAT WE HAVE MADE NO IMPLICATIONS, WARRANTIES, PROMISES, SUGGESTIONS, REPRESENTTIONS OR GUARANTEES WHATSOEVER TO YOU ABOUT FUTURE PROSPECTS OR EARNINGS, OR THAT YOU WILL EARN ANY MONEY, WITH RESPECT TO YOUR USE OF THE WEBSITE OR ANY OF THE GOODS OR SERVICES MADE AVAILABLE ON THE WEBSITE OR THROUGH TOP SUCCESS TEAM, AND THAT WE HAVE NOT AUTHORIZED ANY SUCH PROJECTION, PROMISE, OR REPRESENTATION BY OTHERS. IF YOU BELIEVE YOU HAVE BEEN PROMISED A CERTAIN INCOME FROM OUR PROGRAMS OR SERVICES, PLEASE SEND A MESSAGE VIA OUR CONTACT US PAGE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND ACCEPT THAT TOP SUCCESS TEAM SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, AND EXEMPLARY DAMAGES, WHICH INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR USE, DATA, LOSS OF PROFITS, GOODWILL, OR IN SUBSTANTIAL SUPPLEMENTARY LOSSES EVEN IF TOP SUCCESS TEAM HAS BEEN COMMENDED OF THE PROBABILITY OF SUCH DAMAGES TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR (A) THE USE OR THE INABILITY TO USE THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES THEREIN; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, GOODS, CONTENT, INFORMATION, AND ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE FAILURE TO REALIZE ANY SPECIFIC RESULT FROM THE USE OF THE PRODUCT OR SERVICES, AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE AND ITS OFFERED PRODUCTS OR SERVICES THEREIN.

THIS LIMITATION IS APPLICABLE TO ALL CAUSES OF ACTION AS A WHOLE, WHICH INCLUDES, BUT IS NOT LIMITED TO, MISREPRESENTATION, BREACH OF WARRANTY, NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY, AND ANY OTHER FORMS OF OFFENSES. YOU NOW AGREE TO RELEASE TOP SUCCESS TEAM FROM ANY LIABILITIES, OBLIGATIONS, AND CLAIMS BEYOND THE PRESCRIBED LIMITATIONS IN THIS AGREEMENT. IF THE APPLICABLE LAWS PROHIBIT SUCH LIMITATIONS, TOP SUCCESS TEAM MAXIMUM LIABILITY TO YOU SHALL BE BASED ON THE AMOUNT YOU PAID FOR THE AVAILED PRODUCTS OR SERVICES ON THE WEBSITE. NO ACTION SHALL BE ALLOWED, REGARDLESS OF TYPE AND FORM, IF IT IS BROUGHT BY YOU AFTER ONE (1) YEAR FROM THE DATE WHEN THE CAUSE OF ACTION HAPPENED. THE REFUTATION OF DAMAGES PRESCRIBED IN THE AFOREMENTIONED IS THE FUNDAMENTAL ELEMENT OF THE BARGAIN’S BASIS BETWEEN YOU AND TOP SUCCESS TEAM. ACCESS TO THE WEBSITE, AS WELL AS TO ITS OFFERED PRODUCTS OR SERVICES, SHALL ONLY BE GIVEN TO YOU WITH SUCH LIMITATIONS MENTIONED ABOVE. PLEASE NOTE THAT LIMITATIONS ON LIABILITY ARE NOT ALLOWED IN SOME JURISDICTIONS. THUS, IN THESE JURISDICTIONS, THE LIABILITY OF TOP SUCCESS TEAM IS LIMITED TO THE MAXIMUM EXTENT AUTHORIZED BY LAW.

COPYRIGHT & TRADEMARKS

All trademarks, product or service names, and Top Success Team names and logos appearing on the Website are the property of their respective owners. The Website contains data, information, software, videos, photographs, graphics, text, sounds, images, typefaces, and other materials (collectively, “Content”) that are covered by proprietary, copyrights, or other trademarks rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All rights to given Content are reserved to their corresponding copyright owners. Except as allowed by the fair use policies or privileges under international copyright laws, you may not upload, reproduce, distribute, or post in any way the Content secured by copyright, or other estate rights, without getting the permission of the owner of the copyright or other rights of proprietary nature. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.

Scope of Use of Copyright and Trademarks.Top Success Team shall create and update the Website for your personal use, information, education, and communication. You may download material displayed on the Website for your personal use only excluding commercial use provided you respect all copyright and any proprietary notices contained on this Website and in our materials. You are not permitted to share, distribute, send, transmit, update, modify, use, reuse, repost the Website content for commercial or public reasons; this includes all content, specifically images and text, without first obtaining Top Success Team’s written approval. Top Success Team makes no claim or depiction that Website information is available in or appropriate for use in locations outside of the United States. Additionally, usage of the Top Success Team’s website from areas where the content of the Website may be inappropriate or illegal is not allowed. Those who opt to visit the Website from other areas can do so on their discretion and are responsible for conformity with their laws.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement should be sent to Top Success Team as the copyright agent.

INDEMNIFICATIONS

You agree to indemnify and hold Top Success Team, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors, and other partners, free from and against any claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands and judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and products or services purchased therefrom; (b) your breach of these Terms; or (c) your violation of any rights of another individual or entity.

THIRD PARTY WEBSITES

The Website may contain links to other websites on the Internet that are owned and operated by third parties. Top Success Team does not control the information, products, or services available on these third-party websites. The inclusion of any link does not imply endorsement by Top Success Team of the applicable website or any association with the website’s operators. Because Top Success Team has no control over such websites and resources, you agree that Top Success Team is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites, or for the protection of your data privacy by third parties. Any dealings with or participation in promotions offered by advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, warranties, representations, or conditions associated with such promotions or dealings, are entirely between you and the relevant third parties or advertisers. You further agree that Top Success Team shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.

CHANGES OR DENY ACCESS

Top Success Team reserves the right, at any time with or without prior notice, to change he Website, limit access to the Website or shut down the Website.

RELATIONSHIP

Neither you nor Top Success Team, or its affiliates, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND TOP SUCCESS TEAM AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. By agreeing to these Terms, you agree to resolve any and all disputes with Top Success Team as follows:

Initial Dispute Resolution

Most disputes can be resolved without resort to litigation. You can reach Top Success Team via the Contact Us page. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Top Success Team, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of our website, products, or services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforcement, or formatting of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgement in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Top Success Team will pay the additional costs. If the arbitrator finds that the arbitration to be non-frivolous, Top Success Team will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

You and Top Success Team waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. You and Top Success Team are instead electing to have claims and disputes resolved by arbitration. The parties understand that, in some instances, the cost of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. In any litigation between you and Top Success Team over whether to vacate or enforce an arbitration award, you and Top Success Team waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

Arbitration must be initiated in the United States. You and Top Success Team agree to submit to the personal jurisdiction of any federal or state court in the United States of America in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

Class Action Waiver

The parties further agree that arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND TOP SUCCESS TEAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Litigation for Injunctions and Small Claims Court Cases

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Either party may also seek injunctive relief through the judicial process.

30-Day Right to Opt-Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within 30 days of your agreement to these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the above paragraphs. If you opt out of these arbitration provisions, Top Success Team also will not be bound by them.

Changes to this Section

Top Success Team will provide 30 days’ notice of any changes to this section posting notice on the Website. Amendments will become effective 30 days after they are posted on the website and sent to you. Changes to this section will otherwise apply prospectively to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the website.

Survival

This Arbitration and Class Action Waiver section shall survive termination of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms and its performance shall be governed by the laws of the United States, without regard to its conflict of laws provisions.

INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of this Agreement will cause such damage to Top Success Team as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Top Success Team shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Top Success Team in obtaining such injunction, including reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.

TERMINATION

Top Success Team may, in its sole discretion, terminate these Terms at any time for any or no reason, with or without prior notice. Without limiting the foregoing, Top Success Team may terminate these Terms if, in its sole discretion, you failed to comply with any of the terms and conditions herein. Any termination shall not affect any right to relief to which Top Success Team, its affiliates and any third-party providers may be entitled, at law or in equity. Upon termination, all rights granted to you will immediately terminate and revert to Top Success Team, and you shall immediately cease all of the Website and Content. The provisions of these Terms which by their express or implied terms extend beyond termination, and shall continue in full force and effect notwithstanding the termination of these Terms, including any disclaim of warranties, limitations of liability, indemnification, ownership and restrictions on use.

MODIFICATION

Top Success Team may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms and update the “Last Updated” date at the top of these Terms. Your continued access and use of the Website observing posted notice comprises your acknowledgment of all the terms and conditions consistent within the Terms in effect at that time. Therefore, you should regularly check this page for updates and changes. Unless notably stated otherwise, any subsequent offers, products, or services made accessible to you on the Website shall be subject to the Terms posted at the time of your purchase.

ADDITIONAL TERMS

Additional terms and conditions, licenses, and obligations may apply to purchases of goods and services on the Website, and you agree to abide by any such other terms and conditions.

Severability

These Terms shall be deemed severable. If any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any remaining provisions.

Waiver

Top Success Team’ failure at any time to require performance of any provision of these Terms or to exercise any right provided for in these Terms shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Top Success Team of any breach of any provision of these Terms or of any right provided in these Terms shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the terms and conditions herein. As used in these Terms, “including” shall mean “including, but not limited to”.

Entire Agreement

These Terms, together with any terms and conditions incorporated herein or referred to herein (including the Privacy Policy), constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing or as provided herein.

CONTACT US

If you have any questions about the Agreement or the practices of Top Success Team LLC, please contact us here:

Top Success Team LLC
385 Continental Court,
Thousand Oaks, CA 91320

+1 (855) 775-9565
[email protected]