Terms of Service

Overview

Success Products, Inc. ("SPI") dba GrowthPro® and dba Synetech® has developed and licenses certain products and services collectively called "the SPI System". Where the words "System", "Service", "Services" and "products" are used herein, they are meant to describe SPI’s proprietary services and products. Where the words "you", "Subscriber" or "Client" is used herein they are meant to describe any individual who subscribes to and uses the System, to assist network marketers in the building of their businesses. Where the words "I", "We", "Me" or "Us", are used herein they refer to SPI. The System enables Network Marketers to promote legal and ethical network marketing opportunities, client development programs and other opportunities or programs using SPI’s product and Service offerings on the World Wide Web and elsewhere. The System is used exclusively to promote the products and Services associated with SPI.

Subscription

By subscribing to, participating in and using The System, you understand and acknowledge that participation in the Service will involve establishing contractual arrangements. In order to be an authorized Subscriber of The System, you must agree to abide by all of the terms and conditions contained in this "Subscriber Terms of Service Agreement", (Agreement). Subscribers must read this Agreement carefully and agree to all of its terms and conditions before subscribing and using The System. This Agreement is made by and between you, the Subscriber, and SPI.

Relationship of Parties

You and we are independent contractors and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales agency, representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your SPI system, web site or otherwise, that would reasonably contradict anything in this Agreement.

Limited License

Upon your subscription to the SPI system, SPI grants to you a single, individual, non-transferable, non-exclusive license to participate in the Service. As part of the Service, you will have access to information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (Content) posted onto the Service by SPI. SPI grants to you a license to use that content for individual personal use only. All other use of the content, including but not limited to, modification, publication, transmission, participation in its transfer or sale, reproduction, creation of derivative works there from, distribution, performance, display, incorporation into another web site, mirroring the Service, or in any other way exploiting any of the Content, in whole or in part, is prohibited without first obtaining SPI’s written consent.

The Service

The services provided by SPI may be used for lawful purposes only. You will not utilize the Service in a manner that violates applicable laws of your jurisdiction. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue. SPI provides the Service to you In consideration of your compliance with the terms and conditions of this Agreement. Use of the Service constitutes your acceptance of the terms and conditions of this Agreement. SPI reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement at any time. Notification of the changes in the Service or in this Agreement will be published on the web site or sent via email or postal mail. SPI may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, product, database or content. SPI may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. SPI will not be responsible for any delays, blocks, or filters associated with email delivery. Your continued use of the Service now, or following the posting of notice of any changes in these operating rules will constitute a binding acceptance by you of such rules, changes or modifications. Your right to use the Service is subject to any limits established, in its sole discretion, by SPI. If, for any reason, these operating guidelines or any future System changes are not acceptable to you or cause you no longer to be in compliance with this agreement, you may cancel your Service by sending an email to support@successproducts.com.

No Warranty as to Compliance With Any Specific Company

SPI makes no warranty or guarantee that its services, products or content meet the compliance criteria of any specific network marketing or direct sales company. SPI makes diligent effort to insure its services, products and content meet all generally accepted criteria, but it is your responsibility to insure any service, product or content meets your particular company's compliance criteria and no refunds or replacements will be issued due to non-compliance reasons.

Subscription to the Service, Security and Password

To become a Subscriber so that you can use the service, you must provide us with current, complete and accurate information as requested by the sign-up process on line or in writing on a subscription form. Subscribers will choose a site ID name and a password. You shall not knowingly provide inaccurate information with the intent to create a false identity. You also agree not to provide false or misleading information in the administrative or user portions of the System or your web-site. This includes, but is not limited to providing a false email address in the "from" field of outgoing emails. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activity that occurs within your account and web-site. You agree to notify SPI immediately of any unauthorized use of your account or any other breach of security. You agree that SPI is the Service host and has no responsibility or liability in relation to the business opportunities that you represent as part of your use of the Service. You agree that SPI may rely on any data, notice, instruction or request furnished to SPI by you which is reasonably believed by SPI to be genuine and to have been sent or presented by a person reasonably believed by SPI to be authorized to act on your behalf. You shall notify SPI at  support@successproducts.com of any known or suspected unauthorized uses of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You are responsible for maintaining the confidentiality of your password and you are responsible for all usage and activity on your account, including use of the account by a third party authorized by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your Subscription by SPI and referral to the appropriate law enforcement agencies. You acknowledge and agree that you will promptly notify SPI if you are aware of any person who, in your good faith opinion, is or is intending to take unfair advantage of the Service provided by SPI. SPI reserves the right to send email to you for the purposes of informing you of offers, changes or additions to the Service or of any related products and services.

Subscriber Privacy

It is SPI's policy to respect the privacy of its subscribers. SPI will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior permission unless SPI has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of SPI; (3) enforce this Service Agreement or protect SPI's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by SPI; (4) respond to a request for identification in connection with claim of copyright or trademark infringement by you or a claim by a third party that you are using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of its subscribers, affiliates and others. SPI's Service transmits your name and email address with each message that you send. You agree that SPI, and its affiliated contractors, may access your account, including its contents, as stated above or to respond to service or technical issues.

Subscriber Conduct

SPI retains the right, at its sole discretion, to determine whether or not a Subscriber's conduct is consistent with the letter and spirit of the Terms and Conditions of this Service Agreement and SPI’s Policies and Procedures and may terminate Service if a Subscriber's conduct is found to be inconsistent with said Terms and Conditions this Service Agreement or SPI Policies and Procedures. Any unauthorized use of the Service or the resale of the Services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your service subscription, account and password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to: (1) Use the Service in connection with chain letters, junk email, pyramid schemes, money games, spamming or any duplicative or unsolicited messages (commercial or otherwise); (2) Harvest or otherwise collect information about others, including email addresses, without their consent; (3) Create a false identity or forged email, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (4)Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; (5) Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (6) Libel, defame or slander any person, or infringe upon any person's privacy rights; (7) Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; (8) Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service; (9) Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (10) Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; (11) Interfere with another subscriber’s use and enjoyment of the Service or another entity's use and enjoyment of similar services or engage in any other activity that SPI believes could subject it to criminal liability or civil penalty or judgment.

Email and Spam

You agree to receive email messages from SPI including, but not limited to, newsletters, service updates, new product information, general business communications, communications related to your subscription, payment notifications, notification of failed payments, etc. You are bound by SPI’s spam policy. You represent to SPI that any and all emails you send through the System are "Opt in" and that addressees have specifically requested information regarding your opportunity. Any service interruptions as a result of subscriber spamming will be billed to the subscriber at $500.00 per hour, with a $1,000 minimum billing for clean up. In such an event, the subscriber will be considered in violation of the SPI Terms of Service Agreement and may be subject to legal action. SPI does not guarantee the delivery of subscriber emails sent through the System.

Forbidden Content

The System will not host, post, promote or link any website which advocates, encourages, endorses, or makes possible any form of, pornography, gambling, pyramid scheme or any type of activity that is unethical, illegal or otherwise objectionable. Subscribers are prohibited from transmitting on or through any of SPI's services any material that is, in SPI's sole discretion, unlawful, obscene, threatening, abusive, libelous, hateful or that encourages conduct which would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. Should SPI discover that your site promotes programs of this type in any form, your Subscription, Service and web-site are subject to immediate suspension or termination without refund and the loss of any database, leads, content, or other material associated with your subscription. SPI, at its sole discretion, reserves the right to restrict any business opportunity from being promoted through the System and associated Services.

Payments

SPI reserves the right to charge fees for access to its System, Services and products. SPI reserves the right to change prices and price plans for any of its products or services at any time without notification. If you order SPI’s Services or purchase any product or service from SPI, you authorize SPI to utilize its merchant account provider to charge the credit or deposit account you provided during the subscription or enrollment process for the price of those products and services at SPI’s prevailing rates at the time of purchase. You authorize SPI to charge your account subsequent monthly subscription fees in accordance with SPI’s rates at the time of such charges. It is your responsibility to keep your payment information with SPI accurate and current. If a monthly payment cannot be processed on the day it is due, SPI will attempt to process the charge periodically. If the charge fails after four attempts, SPI may cancel the subscription without further notice.

Submitting/Importing Information

You represent that any content you upload to the Service is owned by you or provided by you with the express authority of the owners, that it does not infringe upon any other individual's or organization's rights (including, without limitation, copyright, trademark or intellectual property rights). By submitting content, data or leads you automatically grant to SPI a royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from and to perform and display such content, data, or leads (in whole or part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content. By submitting, purchasing, or importing leads into the SPI System, you acknowledge and agree that you will have only a 30 day exclusive right to use that lead. After 30 days, if someone else submits or imports an identical lead, the SPI System will allow that individual to do so. You agree that if you or SPI terminates your Subscription to SPI, you lose all rights and exclusivity to any lead that you imported into the SPI System. Although SPI provides some encryption to protect certain personal information which is transmitted, you understand that uploads and transmissions may be intercepted and used, and that all the risk associated therewith is yours alone. As SPI does not and cannot review every message posted or emailed, you shall remain solely responsible for the content of your messages. SPI reserves the right to disclose information about sales and usage generated by the Service in forms that do not reveal your personal identity.

Idea Submissions

SPI welcomes specific comments regarding the Service. If you send us unsolicited creative suggestions, ideas, notes, drawings, concepts or other information (collectively "Information"), the Information shall be deemed and shall remain, the property of SPI. None of the Information shall be subject to any obligation of confidentiality on the part of SPI and SPI shall not be liable or owe any compensation for any use or disclosure of the Information.

Proprietary Information

You acknowledge that in the course of using the Service you will obtain information relating to the Service and to SPI ("Proprietary Information"). Such Proprietary Information shall belong solely to SPI and includes, but is not limited to, the features and mode of operation of the Service. In regard to this Proprietary Information you agree not to use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of SPI or unless such Proprietary Information becomes part of the public domain without breach of this Agreement by you.

Access to Proprietary Software

Subject to the terms and conditions of this Service Agreement, SPI grants you an individual, personal, non-transferable, non-exclusive license (the "License") to access and use its proprietary software only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that SPI and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and you will cease to use the software. The software is provided "AS IS" and subject to the warranty disclaimers and limitations found in this Agreement.

Cancellation

There are two ways you may cancel your service with us.

First, you may cancel at any time in your back office (your "online business manager") by going to the "My Subscription" section found in the "My Account" tab menu.

Or second, if you prefer, you may email support@successproducts.com. If you cancel by email, we require a 5 business-day notice. If you notify us with less than 5 business day notice we cannot guarantee to cancel your service before your next billing, and no refunds will be given if your account bills prior to us cancelling it. If you email us, you must include the name and email address on your account.

If you are involved with any other associated or affiliated program for which you use our services, if you cancel with the other program you will NOT automatically cancel your service with SPI -- you must still cancel your service with us. Upon cancelation, your access to the service will be suspended. You are responsible for all actions and charges incurred up to the time that the account is deactivated. No refunds or partial refunds will be provided under any circumstances other than the as described elsewhere in this agreement. You agree that SPI has the right to delete all data, files, leads or other information that is stored in the Subscriber’s account if either SPI or the Subscriber terminates the Subscriber's account for any reason. SPI and its associated companies retain the right to use the data, files, leads, and other information stored in the Subscriber’s account.

Termination

SPI may, at its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including without limitation, breach of this Agreement or you’re your attempt to assignment this Agreement. Upon termination, you shall no longer be entitled to use the Service and the license granted hereunder shall terminate and you shall immediately return or destroy all Proprietary Information. The terms of this Agreement will otherwise remain in effect.

Disclaimer of Warranty, Limitation of Liability and Indemnification

The Service is distributed on and "as is" basis without warranties of any kind either expressed or implied. SPI does not warrant that the service will be uninterrupted or error free. SPI will not be responsible for any loss, damage or costs that you or your business may suffer while using the Service. You agree to indemnify and hold harmless SPI from any claims resulting from your use of the Service. You expressly agree that your use of the Service is at your sole risk. Neither SPI nor its service providers, agents, licensors or employees shall have any liability for any damages you or any other party may suffer as a result of your use of the Service including loss of data resulting from delays, non-delivery, or service interruptions caused by SPI’s negligence or the subscriber's errors or omissions. SPI disclaims any warranty of merchantability or fitness for a particular purpose of its Service or products. Use of any information obtained from you by SPI is at your own risk. SPI specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Responsibility for Content

System content that is the property of SPI and to which SPI has intellectual and copy rights through authorship or acquisition, remains the property of SPI exclusively. SPI does not maintain absolute control over other content, information and data that may pass through its Services, web domain and internet servers from subscribers or others. Subscriber business opportunity links in the Service lead to sites maintained by individuals or organizations other than SPI over whom SPI has no control. SPI provides these links for its subscribers and the inclusion of any link on the Service does not imply any endorsement by SPI of the linked sites, their content or owners. SPI makes no representations whatsoever about any other website which you may access through the Service. When you access a non-SPI web site, it is independent of SPI, and SPI has no control over the content on that website. A link to a non-SPI website does not mean that SPI endorses or accepts any responsibility for the content or the use of such website.

Transferability

Neither the rights nor obligations arising from this Agreement are assignable or transferable. Any attempt to assign or transfer the license rights extended to a Subscriber without SPI’s express permission shall render that license void and without effect. System accounts cannot be transferred or used by anyone other than the Subscriber. Accounts that have been transferred to another party or parties or that show other activity that is in violation of this paragraph are subject to immediate cancellation. You are not allowed to let others access and use the Service nor make your password visible to others. You may not attempt to find out the password of another user of the Service.

Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. If any modification is unacceptable to you or you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of SPI in operating the Service, your only recourse is to terminate this agreement by canceling your service. Your continued participation in the program following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the change.

Force Majeure

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Jefferson County, Alabama, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state court or any federal court and you consent to non-exclusive jurisdiction and venue in such courts or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of the United States and the State of Alabama, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Copyrights

Any and all content on the SPI site and related sites, including but not limited to text, graphics, logos, picture images, audio files, video files, multi-media, music, sound, intellectual property and software is the property of SPI and is protected by U.S. and international copyright and trademark laws. No part of the web site or related web sites may be reproduced or transmitted in any form or by any means without written permission from SPI. SPI's copyright notice appears to remind you that everything on the SPI System and site is owned by SPI and protected by copyright as a collective work or compilation (or both) with the exception of works identified by someone else's copyright notice.

Entire Agreement

This Agreement constitutes the entire agreement between you and SPI pertaining to the subject matter hereof and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled. Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of SPI's service constitutes acceptance of these Terms and Conditions.

Inurement

The provisions of this agreement shall be binding on you and inure to the benefit of the successors and assigns of SPI. SPI may assign this Agreement at any time in its sole and absolute discretion and without your consent.

Independent Investigation

You acknowledge that you have read this agreement and agree to its terms and conditions. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement. By subscribing to and using the SPI Services and system you indicate your acceptance of this agreement and its terms and conditions. Should you have any questions concerning this Agreement contact support@successproducts.com

Cancel Account

Due to our automated system, in order to cancel your account, you must send a written request to  support@successproducts.com or via the support center 5 business days prior to your next billing cycle in order to prevent next month’s charge. Please be advised that no refunds may be authorized if request is less than 5 days. Verbal requests may not be honored. No products can be returned for refunds.
Please call the office to verify your cancellation request has been honored. This will help expedite the process and avoid any further charges against your account.

Modify Account

Due to our automated system, in order to downgrade or upgrade your account, you must send a written request to  support@successproducts.com or via the support center 5 business days prior to your next billing cycle in order to prevent next month’s charge. Please be advised that we cannot guarantee the modification will take affect if request in writing is not submitted 5 business days prior to your next billing cycle. Verbal requests may not be honored. No products can be returned for refunds.