Last Updated December 12, 2021
SucceedSmart, Inc. (“SucceedSmart,” “we,” “us,” or “our”) may at times offer you the opportunity to refer prospective network members via a referral program (the “Program”) offered on our mobile application or the web site located at https://wwwsucceedsmart.com/ (the “Platform”).
Please review the Terms carefully and contact us if you have any questions. By participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of SucceedSmart’s decisions are final and binding.
If you are under 18 years old then you may not use or access the SucceedSmart Platform. The Program is available in the United States only.
You can refer clients and contacts whom you personally know (“Contacts”). There is no maximum number of Contacts you may invite throughout the entirety of the Program. Once an individual makes a successful referral using the unique referral code (“Invitation Code”), the individual becomes a “Referrer” and will be credited with the described reward, as applicable. Referred Contacts must qualify for membership on the platform and fully complete their profile a described below to be considered a “Valid Referral”:
Referrers cannot refer themselves or create multiple, fictitious or fake accounts with SucceedSmart. No Referrer may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of the invitation codes on any website which offers the invitation code to anyone other than Contacts, i.e. individuals to whom you personally know. If we believe that a invitation code associated with a Referrer was used in such a manner, we have the right to remove all credit associated with that account and remove the Referrer from the Program. Referrer is not to use the SucceedSmart name in any means other than inviting Contacts to join the Platform. Any other use of our brand name outside of this sole purpose will lead to instant termination from the Program and prosecution to the maximum extent permitted by applicable law. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SUCCEEDSMART RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY SUCCEEDSMART, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SUCCEEDSMART PLATFORM. By participating in the Program, you agree to indemnify, defend, and hold harmless SucceedSmart and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the SucceedSmart Platform, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any Member or third party and (iv) any content submitted by you, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. SucceedSmart reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of SucceedSmart.
YOU AGREE NOT TO RELY ON THE SERVICES, ANY INFORMATION ON THE SERVICES, OR THE CONTINUATION OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SUCCEEDSMART MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, ACTUAL OR PROSPECTIVE EMPLOYERS, THE OBTAINING OF EMPLOYMENT, YOUR CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS USER AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUCCEEDSMART DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 6 (TERMINATION) STATES YOUR SOLE AND EXCLUSIVE REMEDY AGAINST SUCCEEDSMART WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with Contacts. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is strictly prohibited and may be grounds for immediate removal from the Program and further legal action. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify SucceedSmart against any liabilities, costs and expenses it incurs as a result of such spam.
We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any Member at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.