Shelby Clement Marketing, LLC Online course and Digital Product Purchase Terms & Conditions

1. USER ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS
By completing your purchase you are consenting to these terms and conditions:

Throughout this agreement the Terms, “we”, “us”, “our” and “Company” refer to Shelby Clement Marketing, LLC (“SCM”). SCM offers this digital course and other products and services from time to time, including all information, resources, tools, and services (collectively referred to herein as “Product or Service”) available from this Site to you, the User, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. The terms “User,” “you” and “your” refers to Site visitors, customers, and any other purchaser of the course(s) and/or digital products. The word “Site” refers to this Website.

By visiting this Site and/or purchasing a Product or Service from this Site, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms and Conditions”, “Terms”), including those policies referenced here. These Terms apply to all Users, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before purchasing and accessing a Product or Service. By accessing or using any part of the Site, Product, or Service, you agree to be bound by these Terms. If you do not agree to all the Terms and Conditions of this Agreement, then you may not access the Site, or use any Product or Service. By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check the appropriate page periodically for changes. your continued use of or access to the Product or Service following the posting of any changes constitutes acceptance of those changes.

2. PURCHASE TERMS & REFUND POLICY
We only offer month to month subscriptions. you will be automatically charged every month until you cancel your subscription to the Product or Services. To cancel your subscription to the Product or Services you must email us at customerservice.dgmm@gmail.com. If you fail to cancel your subscription, you will be charged. We do not offer refunds in full or prorated regardless of when you terminate your subscription to the Product or Services. If payment is declined your subscription will be cancelled until new payment information is provided.

By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence, and you have given your consent to allow any of your minor dependents to use this site.

you may not use a Product or Service for any illegal or unauthorized purpose nor may you, in the use of the Site, Product or Service to violate any laws in your jurisdiction (including but not limited to copyright laws). you agree to not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.

Due to the digital nature of our Products and Services and the month to month payment and cancellation policy, we do not offer refunds after purchase. If you are not satisfied with your purchase, please share your concerns with us via email at customerservice.dgmm@gmail.com and we’ll do our best to make things right.

you agree to not dispute any charges at any time. In the event that you dispute a charge made to your account in connection with a purchase made through this Site, you agree to immediately cancel/withdraw such a dispute. you understand that disputing a charge through your financial institution is a violation of these Terms and you agree to not do so. you are responsible for any fees, including attorneys' fees, associated with recouping payment on outstanding payment and/or disputes and any collection fees associated with such an event. We reserve the right to forward any payment disputes to a collection’s agency.

3. GENERAL CONDITIONS
Shelby Clement Marketing, LLC reserves the right to refuse service to anyone for any reason at any time.

you understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.

you expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of the Product or Service or this Site without express written permission by us..

We are not responsible if information made available on this Site or within the Product or Service is not accurate, complete, updated, or current. The material on this Site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. you agree that it is your responsibility to monitor changes to our Site or Product or Service.

you understand that the information presented in any Product, Service, is not legal, financial, therapeutic, mental health, or medical advice. All of the information provided related to Product or Services, including the resources delivered via phone/video conference, e-mail, in an online forum, live events including webinars and video/audio recordings educating about business, laws, health, wellness, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. you understand that SCM does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice.

4. ACCOUNT CREATION
In order to use the Site, Product or Service, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. you agree that any registration information you give to SCM will always be accurate, correct, and up to date. you agree to not impersonate someone else or provide account information or an email address other than your own. your account must not be used for any illegal or unauthorized purpose. you must not, in the use of the Product or Service, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing (via email) immediately and change your password. Any violation of these Terms are grounds for removal and banishment from the Site at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.

5. LAWFUL PURPOSES
You may use the Site, Product or Service for lawful purposes only. you agree to not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, discriminatory, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Doing so is grounds for termination of use of our Product or Service, at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.

Infringement Notification. SCM respects the rights of others, and we expect users of our Site, Products or Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also SCM’s policy that SCM may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by both email and regular mail to Shelby Clement Marketing, LLC:

Email: customerservice.dgmm@gmail.com
Address: 132 Terra Bella Blvd Covington, LA 70433

In any such notice, please include sufficient information to address the items specified below:

 Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
 Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Shelby Clement Marketing, LLC to locate the material.

 Provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.

 Claim “entire work” ONLY if all assets/pages in a collection/document are infringing.
 Include details of your claim to the material, or your relationship to the material’s copyright holder.

 Provide your full name, address, telephone number, and email address where we may contact you to clarify your claim.

 Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

 Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
 Sign the document, physically or electronically.

6. ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning the activation of your subscription to the Product or Service. In the event that there is an error in the email confirmation, it is your responsibility to inform us as soon as possible via email at customerservice.dgmm@gmail.com.

7. PRODUCT DESCRIPTION
We endeavor to describe and display the Site, Products and Services as accurately as possible. While we try to be as clear as possible in explaining the content of our Products and Services, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

8. PRODUCTS OR SERVICES
Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this site is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product or Service will be corrected.

9. PERSONAL INFORMATION
Your use of the Site and your submission of personal information is governed by our Privacy Policy. To view our Privacy Policy visit our Site.

10. INTELLECTUAL PROPERTY
This Site, Product, or Service contains intellectual property owned by SCM including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the Damn Good Marketing Membership name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such. you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever the Site, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Damn Good Marketing Membership are trademarks exclusively owned by Shelby Clement Marketing, LLC.

No Resale or Use for Third Parties Permitted. you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site, Products or Services purchased via the Site. These Terms and all Products or Services purchased are not transferrable or assignable without the Company’s prior written consent.

No Sharing of Services Permitted. you agree to not share access to the Services or Products purchased or other proprietary materials with others. This includes parties that have not purchased the Services or Products, or any other third-party that Company has not authorized access to. you are not allowed to use Services or Products to perform services for your clients. If you wish to use Products or Services for your clients, contact SCM to discuss such opportunities.

11. MODIFICATIONS TO THE SERVICE AND PRICES
The prices for our Services and Products are subject to change without notice. We reserve the right at any time to modify or discontinue access to this Site and use of the Service or Product without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

12. NO GUARANTEES
We cannot guarantee any outcome of using or consuming the Site, Product, Services. We make no guarantees other than that the course, Product or Service as described shall be reasonably provided to you in accordance with these Terms.

you acknowledge that Company cannot guarantee any results of the Products, Services as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. User not achieving his or her desired results is not grounds for a refund, partial or otherwise.

Company may provide (on its Site or via email, for example) affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of product or service provided by any third-party and bears no liability with respect to such service or experience.

13. NON-DISPARAGEMENT
you agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, Services or Products, other than to comply with law. This provision in no way restricts your ability to communicate reviews or performance assessments about Company’s Site, Products or Services.

14. LIMITATION OF LIABILITY
you agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or in connection with your use of the Site, Service or Products. Additionally, Shelby Clement Marketing, LLC, and its representatives, agents etc. are not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Shelby Clement Marketing, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Shelby Clement Marketing, LLC’s cumulative liability to you exceed the total purchase price of the Product or Service you have purchased from Shelby Clement Marketing, LLC and/or if no purchase has been made by you, Shelby Clement Marketing, LLC’s cumulative liability to you shall not exceed $100.

15. INDEMNIFICATION
you shall agree to indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Products, or Service. you shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. you shall not settle any third-party claim or waive any defense without our prior written consent.

16. CHANGES TO POSTED TERMS
We may, at any time, and in our sole discretion, amend these Terms and Conditions. Such amendments are effective immediately upon posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

17. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Shelby Clement Marketing, LLC
132 Terra Bella Blvd
Covington, LA 70433
Email: customerservice.dgmm@gmail.com

18. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Louisiana as applied to contracts that are executed and performed entirely in Louisiana. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Louisiana. The Parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the Parties may agree. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

19. RECOVERY OF LITIGATION EXPENSES
If any legal action, arbitration, or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing Party or Parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

20. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

21. ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Questions about these Terms and Conditions? Email us at customerservice.dgmm@gmail.com

22. TESTIMONIALS AND ENDORSEMENTS.
In accordance with the U.S. Federal Trade Commission's guidelines concerning use of endorsements and testimonials in advertising (see https://www.ftc.gov/news-events/topics/truth-advertising/advertisement-endorsements), please be aware that the testimonials appearing on the Site are collected or recorded via survey text submission, email text, or interview. They are individual experiences, reflecting real life experiences of those that have worked with SCM. However, they are individual results and results may vary. We do not claim that they are typical results that all clients will generally achieve.