Participation Agreement

LearnToSucceed.net is a 21st Century, down-to-Earth, internet-based, information-sharing personal development program.  This copyrighted course of study was designed and created around Learn To Succeed, a book authored and copyrighted by Jean J. Vogele. The program is intended to serve as an educational tool to inspire, encourage and facilitate a self-satisfying, personalized approach to the successful development and use of individualized intelligence.  LearnToSucceed.net provides original materials as well as references to a frequently-changing collection of various tips, tools and techniques which have been found by some to be useful in the process of human development and learning.  LearnToSuceed.net, hereinafter referred to as “The LTS Program”, is offered as a multipurpose educational/resource-generating project provided by VIVA SUCCESS, INC., hereinafter referred to as “V.S.I.”.

 

This Participation Agreement (Agreement) is between ______________________, an individual applicant who desires to participate in the LTS Program as “An LTS Participant”, and V.S.I.  Both parties may be referred to separately as “the Party”, and collectively as “The Parties”.

 1. Effective Date of the “Agreement”. This Agreement shall be considered effective on the date of receipt and acceptance by V.S.I. of applicant’s completed application and payment of an initial fee of $79.95 (plus a shipping and handling fee) if application occurs as a result of a referral through an active participant, or $99.95 (plus shipping and handling) if the enrollment occurs without a referral by an active LTS Participant.  In either case, the initial fee includes the applicant’s account activation fee and the first year’s participation fee.  Completion and transmittal of both the application form and the required fee shall be by means of an electronic internet transaction, using the applicant’s valid credit card for payment.  The required application form currently in effect is accessible on the LearnToSucceed.net web site.

 2. Term and Term Renewal of the “Agreement”. The initial "Agreement" shall be for a period of one year, and will be renewed annually, by payment of the required renewal fee in effect at the time of such renewal.  LTS Participants will be notified prior to expiration, allowing time for renewal, or for notification of V.S.I. of the Participant's intention to terminate his/her status as an active Participant.  Such notice must be in writing and received by V.S.I. at least ten days prior to the enrollment anniversary date.  All Registration and Renewal payments must be made by credit card.  Any change in credit card information must be reported to V.S.I., immediately, in writing.  V.S.I. will not be responsible for any loss to a Participant due to unreported or incorrectly reported information.  

3. Terms of the “Agreement” shall be:   V.S.I. will provide, maintain, renew and keep current an active web site, www.LearnToSucceed.net, providing a variety of information which has been, and/or may be found to be useful, to some degree, in the process of learning to succeed in achieving a chosen goal.  Active LTS Participants will be provided password access to an extensive, changing collection of a variety of current internet listings offering various tips, tools, and techniques pertaining to miscellaneous teaching/learning methods and materials which have been identified as being potentially useful and valuable in the development, use and application of individualized intelligence, talents, and abilities.  No recommendations are made and neither are there any guarantees as to quality or value of the information on any of the mentioned sites, or suggestions as to how they might be applied in any particular situation or personal endeavor.  Information gathered from worldwide sources will be featured.  Periodic random screening, by individuals currently involved in the fields of education and human development, as to usability, usefulness and appropriateness for general consumption will be conducted regularly.

Active LTS Participants will:

1. enjoy the privilege of exploring the site, as desired,
2. have the opportunity to purchase educational materials, on occasion,
3. be able to download certain materials provided to assist them in sharing the benefits of the Learn To Succeed program with others.

Active Participants will also:

1. enjoy the privilege of locating, identifying, and contacting prospective participants and sharing their personal knowledge of the possible benefits available through participation in the Learn To Succeed (LTS) Program serving an advertising function, and
2. be compensated for successfully performing this information-sharing role by receiving one referral fee currently in the amount $40, for each qualified adult prospect successfully enrolled as an LTS Participant, as a result of his/her "referral".  This referral fee will be paid by V.S.I. within 70 days after the referred qualified prospect is successfully enrolled, with all required paperwork having been submitted, received, accepted and processed by V.S.I.

An LTS Participant is not:

1. an employee, representative, or business partner of V.S.I.,
2. responsible for any actions taken by V.S.I.,
3. authorized or empowered to make any purchases, or promises, or to incur any obligations, financial or otherwise, in the name of V.S.I.,
4. a spokesperson for V.S.I.,
5. permitted to enter into any legal arrangement or prepare any document on behalf of V.S.I.

An LTS Participant is:

1. an independent agent/contractor acting solely as himself/herself, as an individual*.
2. responsible for reporting any earnings or compensation, and paying any income taxes due on such personal income to the Internal Revenue Service, and/or to any state, local or national taxing authority to which he/she may be subject.
3. responsible for his/her own actions, obligations and promises, holding V.S.I. completely harmless in any cause for legal action involving him/her.

*Wherein an independent agent/contractor performs, elects to conduct, perform, or process this activity either through a “C” or “Subchapter S” Corporation, then all conditions and wording, herein, which refer to a “participant” shall apply to a corporate entity, regardless of its tax classification.

      4. Referral Fees.  An active LTS Participants role will be to invite new participants to enroll in the LTS program.  As compensation for successfully performing this advertising role, s/he will receive a fee, as previously stated, in the amount offered by V.S.I. and posted on the LearnToSucceed.net web site on the effective date of that particular transaction, provided he or she is currently registered as an active LTS Participant, at the time the “referred” applicant completes the enrollment process. Referral fees are established by V.S.I. and are subject to change from time to time, with the current fee being $40.  Any proposed change in referral fees will be posted on the LearnToSucceed.net web site at least 60 days prior to the effective date of such change.  The current referral fee, as well as any proposed changes, will be posted and available for verification on the LearnToSucceed.net web site in various locations including the enrollment page(s) and in “frequently asked questions” or FAQ.

    5. Payment of Referral fees.  Payment of referral fees generally will be on, or about, the first business day of each month.  Payment of a referral fee to a referring party will not be made for at least 61 days after completion of the new applicant’s enrollment process, allowing time for any cancellations or refusals of credit by an applicant’s credit card company, providing a measure of protection both for the referring party and for LTS.   No referral fee will be paid until V.S.I. has received the completed, signed I.R.S. Form W-9 included in the LTS Participant enrollment packet mailed, by V.S.I., to the current mailing address provided by the applicant.

6. Trademarks and Identifying symbols.  An LTS Participant is not authorized to use, advertise, reproduce, copy, print or post any symbols, trademarks, or copyrighted materials owned by V.S.I. without written authorization from V.S.I, in response to a specific written request for such permission having been received by V.S.I., by means of registered U.S. Mail from an active LTS Participant requesting such authorization.  Any unauthorized use of trademarks, identifying symbols and/or other copyrighted materials is grounds for immediate termination of status as an Active Participant, as well as other legal recourse.  Certain promotional materials intended to serve as advertising tools for the exclusive use of active Participants, and clearly identified as such, may be created and made available by V.S.I., either for sale, or for photocopying, on the LearnToSucceed.net web site.

7. No Guarantees.  Neither “Party” shall make any promises, or offer any guarantees as to the results to be obtained from participating in the LTS Program, or to make any representation whatsoever as to what may, or may not happen to anyone due to their application and use of the methods mentioned, noted, suggested or recommended in any materials involved in the LTS Program, or by any person(s) holding themselves out to be “experts” in any field of self-development referred to in connection with the LTS Program.  Any results, either positive or negative, will result from the application of individual time and effort, just as in any other course of study, research, individual or group endeavor.  Neither Party has made, or will make, any promise, affirmation, statements or suggestions as to expected outcome except those expressly set forth in this “Agreement”.

    8. Duties of the Parties.  The duty of V.S.I. is, and will be, to maintain a current, active frequently-changing internet web site, LearnToSucceed.net, designed to serve as a useful, readily -available, easily-accessible reference resource for various teaching/learning methods and materials, which may, or may not, be useful or applicable to any particular LTS Participant.  Many of these references will be sources of information provided by/on/via other web sites, either for a fee, or free of charge.  Most, if not all, of the sources are other organizations and individuals not related to or connected with V.S.I. in any way.  

V.S.I. makes no recommendation regarding any methods suggested, promoted or offered by any referred sources, simply recognizing the potential value which might be derived, when applied to any particular situation.

V.S.I. is not responsible for the validity, accuracy, reliability, or appropriateness of any material from any web site noted, or mentioned, serving only as a reference source, as a library might.

 

The duty of a Participant is, and will be, to present information accurately and to make no representations, claims or promises in regard to possible outcomes.

 

V.S.I. is not responsible for any incorrect, inaccurate or misleading information obtained by/from/through any author, any vendor, or any information source or by/through/from any Participant.

 

The use of any web site provided, mentioned or suggested by V.S.I. is intended and assumed to be by competent adults.  V.S.I. will not be held responsible, in any way, for any usage by children under the age of 18, and any such usage will be assumed to be with the permission of, and under the direct supervision of those adults responsible for the overall health and well-being of those children.

 

The function of an Active LTS Participant is to successfully direct the attention of other potential users/participants to the LearnToSucceed.net web site; describing the opportunity for possible benefits from participation.

Indemnity.   An LTS Participant will hold V.S.I. harmless in any and all third party claims. demands, liabilities, costs or expenses, and defend and indemnify V.S.I. from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees resulting from his/her performance or nonperformance under this Agreement.

 

Limitation of Liability.  Under no circumstance will V.S.I. be liable for any direct or indirect expenses of an LTS Participant arising out of, or in connection with, the “Agreement”.  Any cause for action against V.S.I. by an L.T.S. Participant will be limited to the total amount of unpaid earned referral fees, if any, due the Participant, under the terms of the “Agreement”.

Notice.  Any official communication including, notices, requests, approvals, authorizations and directions between Parties shall be given in writing and shall be deemed to have been given/delivered, for all purposes either:

1. on the delivery date if delivered by electronic mail;
2. on the delivery date if hand-delivered to the Party to whom directed;
3. one business day after deposit with a commercial overnight carrier;
4. five business days after date of mailing using U.S.P.S., with return receipt requested, postage and charges, prepaid, or
5. five business days after date of delivery to any other means of rapid mail delivery, with receipt available, using the address provided by the Party to whom such communication is directed.

 Any notices sent by an LTS Participant to V.S.I. shall be sent to the following address(es).

VIVA SUCCESS, INC.

P.O. Box 1327 

Nokomis, FL 34274-1327

OR:

LearnToSucceed.net

Voice contact can be made by calling 941-586-5702

 

Assignment.   An LTS Participant shall not assign, by any means, this Agreement or any right, responsibility, interest or benefit due under this Agreement without prior written consent of V.S.I.  This Agreement shall be fully binding upon and enforceable by the Parties and their respective survivors and assigns.

 

Termination of Invitation to Participate.  VIVA SUCCESS, Inc. reserves the right to discontinue this online learning/earning opportunity and to terminate and/or withdraw any offers or invitations to participate, at any time, after providing Notice of intent to cease activity as of a given date, posted on the LearnToSucceed.net web site, or by Notice sent to the e-mail address of currently registered Participants.

Enrollment and Cancellations.  Each Active Participant is enrolled in the LTS Program for a period of one year with the privilege of renewing his/her enrollment each year.  Active Participants can choose to discontinue active participation at any time.  During the first 20 days after the initial enrollment, each Active Participant will have an evaluation period in which s/he can decide to continue as an Active Participant, or not.  In the event the Participant decides to cancel his/her Active Participant status during the initial 20 day period, s/he must notify V.S.I. of that intention, in writing.  S/he will forfeit the shipping and handling fee which was in effect at the time of his/her registration.  If a registered Active Participant requests a cancellation, for any reason, during this 20 day period, s/he will not be entitled to any referral fees which would have been earned as a result of her/his activity, or efforts, as an Active Participant.

  

Entire Agreement.  The “Agreement” between The Parties is set forth in its entirety herein. In the event that any provision of the “Agreement” is found to be in conflict with any applicable law, or if any provisions should be held invalid by a court having jurisdiction over The Parties to the “Agreement”, such provisions shall be deemed to be restated to reflect as nearly as possible the original intention of the Parties, in accordance with any applicable law, with the remainder of the “Agreement” remaining in full force and effect.

Language and Domestic Agreement.  All language pertaining to this Participation Agreement, including any business transactions conducted in accordance with this Agreement, will be in English.

13. Disclaimer(s) 

Regarding Information.

ANY INFORMATION OFFERED ON OR THROUGH THIS WEB SITE IS PROVIDED AS EDUCATIONAL MATERIAL FOR THE READER, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS, OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER/CUSTOMER FOR THE INFORMATION RECEIVED, IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

ANY AND ALL RESPONSIBILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OF THIS SITE, AND ANY SITE TO WHICH THIS SITE MIGHT BE LINKED, NOW OR IN THE FUTURE, IS DISCLAIMED.

Regarding Hyper links                                                               THIS WEB SITE CONTAINS LINKS TO OTHER INTERNET SITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND ARE NOT ENDORSEMENTS OF ANY PRODUCTS OR SERVICES IN SUCH SITES, AND NO INFORMATION IN SUCH SITES HAS BEEN ENDORSED OR APPROVED BY US. THESE THIRD PARTY SITES MAY ALSO CONTAIN OPINIONS AND VIEWPOINTS OF THIRD PARTIES THAT DO NOT NECESSARILY COINCIDE WITH OUR OPINIONS AND VIEWPOINT. THESE SITES MAY ALSO HAVE PRIVACY POLICIES DIFFERENT THAN OUR POLICY. YOU SHOULD UNDERSTAND THAT EVEN THOUGH WE HAVE LINKS TO OTHERS SITES, AND HAVE VISITED THOSE SITES OURSELVES AND FOUND THEM, AT THE TIME OF OUR VISIT(S), TO BE IN ACCORDANCE WITH THE STANDARDS WE SET FOR THIS SITE, WE CANNOT AND DO NOT ACCEPT ANY RESPONSIBILITY FOR THE NATURE OR THE QUALITY OF THEIR INFORMATION OR ANY CHANGES THAT MIGHT BE MADE TO THOSE SITES.  BECAUSE WE ARE LINKED TO THEM DOES NOT MEAN THAT WE ENDORSE THEM OR THEIR OFFERINGS. WE DISCLAIM ANY RESPONSIBILITY FOR MATERIAL ON ANY SITE THAT OFFENDS YOU IN ANY WAY.

14. Limitation of Liability.

(A) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from

(a) any errors in, or omissions from, the Site, or any services or products obtainable therefrom,

(b) the content contained on the Site, or

(c) any delay or failure in performance beyond our control.

(B) THE AGGREGATE LIABILITY OF US AND ANY AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, AND SERVICES, PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 , OR THE PARTICIPANT ENROLLMENT FEE IN EFFECT AT THAT PARTICULAR TIME, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

19. Payments.  You represent and warrant that if you are purchasing something from us, or from Merchants advertising on our site, that a) any credit information you supply is true and complete, b) charges incurred by you will be honored by your credit card company, and c) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

20. Legal Compliance.  You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.    

     21. Enrollment and Cancellations/Refund Policy.  Each Active Participant is enrolled in the LearnToSucceed Program for a period of one year, with the option to renew each year. Active Participants can choose to discontinue active participation at any time. During the first 20 days after the initial enrollment, each Active Participant will have an evaluation period in which s/he can decide to continue as an Active Participant, or not. In the event the Participant decides to cancel his/her Active Participant status during the initial 20 day period, s/he must notify Viva Success Inc. of that intention, in writing, to;

      Viva Success, Inc.

       P.O. Box 1327

       Nokomis, FL 34374-1327

 S/he will forfeit the shipping and handling fee which was in effect at the time of his/her registration.  If a registered Active Participant requests a cancellation, for any reason, during this 20 day period, s/he will not be entitled to any referral fees which would have been earned as a result of her/his activity, or efforts, as an Active Participant.

22. Miscellaneous.  This Agreement shall be treated as though it were executed and performed in Nokomis, Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles.) Any cause for action by you with respect to the Site (and/or any information, Documents, products or services relate thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 16 and 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Our rights under this Agreement shall survive any termination of this Agreement.