Disclaimer Notice

Disclaimer Notice

Success Beyond Luck a DBA of Rainy Day Resilience LLC

Rev. 12/3/2019

 

Please read this entire disclaimer notice before using this website, making a purchase on this site, or relying on the content published within it or within any of our products. For privacy information regarding this website please visit this page. If you make a purchase from Success Beyond Luck a DBA of Washington LLC Rainy Day Resilience (“Success Beyond Luck”, “we”, “us”, or “our”) we will assume that collectively you and your organization (“you,” or “your”) have read and understand this disclaimer notice.

 

Price Information

Prices offered are subject to change at any time without notice. 


Disclaimer and Limitation of Liability 

No supervisory activities will be performed by Success Beyond Luck. Success Beyond Luck assumes no authority or obligation to make changes in any of your operations or to have you implement any or all of the components of Success Beyond Luck’s Services or Services Work Products. It is solely the responsibility of you to decide whether or not to follow suggestions made by the Success Beyond Luck, its agents or employees in the context of the Services. 


In no event will Success Beyond Luck be liable for any claims related to or arising from your improper use of the Services, Services Work Products, work in process, guidance, or other components that comprise the Services Work Products or work in process. 

 

Success Beyond Luck’s Services and Services Work Products do not ensure your success, solvency, reputation, safety, security, emergency preparedness, crisis preparedness, or disaster preparedness; (ii) that you will suffer no adverse impact from a disaster, market change, or business disruption; (iii) that your operations are sufficient for safe operation; (iv) the safety and welfare the your people or any individuals involved in your organization; or (v) you are in compliance with any federal, state or local laws, regulations, rules, codes or ordinances, or your own internal requirements; and you shall not indicate or imply to any third party that Success Beyond Luck’s Services or Services Work Products guarantees or ensures any of the foregoing. 

 

Success Beyond Luck is not responsible for the acts, failures to act, or omissions of Individuals or of you, its agents, contractors or employees. Neither the offering of Services nor the rights and obligations of Success Beyond Luck under this Agreement shall constitute an undertaking on behalf, or for the benefit, of you, Individuals or others, and neither the Individuals nor any others shall be considered third party beneficiaries to this Agreement. 

 

YOU ACKNOWLEDGE AND AGREE THAT (SOLELY AS BETWEEN YOU AND SUCCESS BEYOND LUCK) YOU ARE SOLELY RESPONSIBLE FOR THE SUCCESS OF YOUR ORGANIZATION, THAT SUCCESS BEYOND LUCK SERVICES AND SERVICES WORK PRODUCTS ARE ONLY TO HELP YOU DETERMINE THE ACTIONS YOU MAY TAKE TO ACHIEVE YOUR DESIRED LEVEL OF SUCCESS, AND THAT THE SERVICES MAY NOT IDENTIFY, PREVENT OR MITIGATE DAMAGE OR ADVERSE IMPACT ON YOUR ORGANIZATION.

 

Warranty Information 

The information, services, products, claims, seminar topics, and materials on this site are provided “as is” and without warranties of any kind, either expressed or implied. Success Beyond Luck disclaims all warranties, expressed or implied, including but not limited to implied effectiveness of the resilience strategies listed on this site.

 

The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our written service agreements. Neither Success Beyond Luck nor any of our respective licensors or suppliers warrant that any functions contained in the websites will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components.

 

Limitation on Amount of Damages

In no event will the liability of either of us to the other exceed the total amount of fees proposed to be paid for services.


Limitation on Type of Damages

Except for the damages which are the result of (i) a breach by either of party of their obligation of confidentiality to the other, or (ii) your infringement of our intellectual property rights, in no event will either party be liable to the other for special, incidental, consequential, indirect or punitive damages, including lost profits.


Compliance with Laws 

Each party shall perform all of its obligations under this notice in compliance at all times with all foreign, federal, state and local statutes, orders and regulations, including those relating to privacy and data protection.


Independent Contractor

Success Beyond Luck is providing to Client the Services and rendering the Services Work Product as an independent contractor and nothing herein will create any association, partnership or joint venture between the parties hereto or any employer-employee relationship. Neither party may act for or on behalf of or in the name of the other party.


Right to Subcontract

Success Beyond Luck may use third party supplier or other provider of computer technology, financial expertise, advisement, or related services (“Subcontractor”) to perform part of the Services. Success Beyond Luck will be responsible for the performance of Subcontractors and their compliance with this notice. 


Waivers

Any waivers or amendments shall be effective only if made in writing signed by a representative of the respective parties. 


Alternative Dispute Resolution

In the event that any dispute arises, we both agree that we will submit the dispute to binding arbitration. Arbitration will be conducted under the commercial dispute resolution rules of the American Arbitration Association. Unless otherwise agreed by the parties, each party will choose an independent arbitrator, and those arbitrators will agree upon a third independent arbitrator who will act as the sole arbitrator for purposes of resolving the dispute. The arbitration will be conducted in Seattle, Washington. Nothing in this provision will prevent either party from obtaining injunctive relief in any court having jurisdiction over the matter. 


Headings

The descriptive headings of the sections and subsections of this disclaimer notice are for convenience only, and do not affect this notice's construction or interpretation.


Governing Law

This disclaimer notice will be deemed to have been made in, and shall be construed pursuant to the laws of the State of Washington and the United States without regard to conflicts of laws provisions thereof. 

 

Link Information 

Success Beyond Luck tries to only link to other reputable websites that do not engage in improper business practices, and when you are on our website you may have the opportunity to visit, or “click-through”, to other websites, blogs, or other electronic media not operated by Success Beyond Luck. These sites may collect personal information about you or be a security risk. Success Beyond Luck does not control websites that are operated by these entities and is not responsible for the information provided or the practices of the other websites. The privacy practices and policies of any linked websites are the sole responsibility of the other websites. Success Beyond Luck recommend that you review the privacy policy of any website that you visit from a link on this site.

 

Disclaimer Notice Changes 

Success Beyond Luck reserves the right to change or update this disclaimer notice, or any other of our policies or practices, at any time without notice. Any changes or updates will be effective immediately upon posting to this website. Under certain circumstances, Success Beyond Luck may also elect to notify you of changes or updates to our disclaimer notice by additional means, such as posting a notice on the front page of our website to sending you an e-mail. We encourage you to review this disclaimer notice often for changes.

 

If you have any questions or comments regarding our disclaimer notice, you may contact us at:

 

Success Beyond Luck

support[at]SuccessBeyondLuck.com