Terms & Conditions
You should carefully read the following Terms and Conditions (also referred to as the "Terms of Use", "Terms of Service” (TOS). Your use of our service(s) implies that you have read and accepted these Terms and Conditions. By selecting the “Accept Checkbox” you agree to the following TOS.
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REFUND POLICY AND CANCELLATION
Your agreement stipulates that your "Initial Amount Due" is non-refundable. We allocated our human resources to properly handle all clients. Once we accept you into the system, the allocation of work to be performed according to the agreement signed, this prohibits us from accepting other potential clients to fill that allocation given to you. The Initial Payment at the point of cancellation, after the three (3) business days is met, offsets losses caused by your cancellation that we would normally not incur.
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CLIENTS RESPONSIBILITY TO RESPOND
As the Client you have a responsibility to respond to reasonable requests from Digital Success Media LLC so that the project does not go past the delivery date. Not responding extends the delivery date for the Client. Responsiveness to requests made by Digital Success Media LLC deemed required or necessary to complete this “Agreement for Services”, therefore the products or services may be extended based on the Client's response time and unforeseen events not in the control of Digital Success Media LLC. Our 30-Business Day delivery date is subject to you as the Clients being responsive and responding to reasonable requests made by Digital Success Media LLC that are deemed as required or necessary to complete the client’s products and services. Digital Success Media LLC gives the client fourteen days to respond before the client’s account could be placed in “Suspension.” Suspension of the client’s account would temporarily pause all current work until the client responds to Digital Success Media LLC. Therefore the 14 days may be extended based on the Client's response time and unforeseen events not in the control of Digital Success Media LLC. Client acknowledges and agrees that there are currently no medical conditions preventing clients from entering into this agreement and client confirms that they have the necessary equipment to benefit from Digital Success Media’s services (computer, tablet, or smartphone). The signing of this agreement authenticates competence and acknowledges the required skills the client possesses to benefit from and receive Digital Success Media’s services.
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CANCELLATION
If you wish to terminate this Agreement, you must notify Digital Success Media LLC in writing and/or by e- mail. Upon termination, all provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Digital Success Media LLC may terminate this Agreement without notice and may terminate any Service at any time for any reason, including but not limited to: (i) Client’s breach or anticipated breach of this Agreement; (ii) Client’s use or suspected use of any of the Services in any manner inconsistent with this Agreement or Digital Success Media LLC policies; (iii)Client’s providing false, inaccurate, outdated, or unverifiable identification information, credit information, or other data or information in connection with the purchase or use of the Services; Client’s interference or failure to cooperate with Digital Success Media LLC, operations or provision of Services.
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FINANCED BALANCES, LATE PAYMENT AND NON-PAYMENT, COLLECTION
Client’s failure to make any payment as it becomes due constitutes a material breach of this Agreement. This breach permits Digital Success Media LLC, at its sole discretion, to terminate providing Services and/or charge and collect late payment and collection charges, including collection agency fees, up to the highest rate and amount permissible by law, except as provided in the Termination section below. Client agrees to remain liable for all amounts owed, including but not limited to fees, charges, taxes, late fees, and collection costs, notwithstanding termination of Services.
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ACKNOWLEDGEMENT THAT DIGITAL SUCCESS MEDIA LLC DID NOT OFFER A “BUSINESS OPPORTUNITY”
Customer acknowledges and agrees that prior to receiving any Services from Digital Success Media LLC, Client had already developed or was developing an online commercial retail business, and that the Services provided by Digital Success Media LLC do not constitute a “Business Opportunity” as that term is used by the Federal Trade Commission.
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NO RELATIONSHIP BETWEEN DIGITAL SUCCESS MEDIA LLC & ANY OTHER ENTITY.
Digital Success Media LLC represents that it is unrelated and has no affiliation with any other business or entity.
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DISCLAIMER OF WARRANTIES
Client acknowledges and agrees that the Services are provided on an “as is” and “as available” basis without any representation or warranty, expressed or implied. Digital Success Media LLC does not warrant that the Services will meet the Client’s requirements or that the Services will be uninterrupted or error-free. Digital Success Media LLC does not represent or guarantee any increased sales, revenues, profits, or success due to the Services provided to Clients. Digital Success Media LLC also does not guarantee any particular search engine ranking, traffic, and/or placement in any search engines. Client Initials:
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LIMITATION OF LIABILITY
In no event will Digital Success Media LLC, its suppliers, licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract. Digital Success Media LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. Client expressly releases Digital Success Media LLC from any liability for any content, act or omission of any third party. The Services provided by Digital Success Media LLC to Client may include materials from third parties or links to third party websites. The inclusion of these materials and links: (i) are not an endorsement by Digital Success Media LLC of these third parties, their products or websites; (ii) are not an acknowledgement of any relationship with such third parties; or (iii) a warranty or representation of any kind regarding such third parties, their products, or their websites.
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PROHIBITED PRACTICES & NON-DISPARAGEMENT
Client shall not use the Services or refer, or encourage others to refer, to Digital Success Media LLC, its customers, owners, officers, directors, personnel, agents, representatives or affiliates in any manner that is illegal, fraudulent, threatening, abusive, defamatory, obscene, or that could cause damage or adversely affect its customers, reputation, business, property, services or products in any manner.
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LAWS AFFECTING ELECTRONIC COMMERCE
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Digital Success Media LLC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
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ARBITRATION
In the event a dispute should arise between the parties to this Agreement, it is hereby agreed that the sole means of resolving the dispute shall be through binding arbitration at Judicial Dispute Resolution (JDR) in Tampa, Florida or at an alternate service agreed to by the parties for arbitration in accordance with the American Arbitration Association’s "Commercial Arbitration Rules". The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Commercial Arbitration Rules.
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WAIVER OF CLASS ACTION RIGHT
THE PARTIES AGREE TO WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE, REPRESENTATIVE OR CONSOLIDATED BASIS, TO THE EXTENT ALLOWED BY LAW. THIS SECTION APPLIES TO ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING BETWEEN THE PARTIES. THE CLIENT AGREES TO CONTACT DIGITAL SUCCESS MEDIA LLC WITHIN SIX (6) MONTHS OF THE EFFECTIVE DATE REGARDING ANY CLAIM OR DISPUTE RELATED TO THIS AGREEMENT OR THE SERVICES. IF THE CLIENT DOES NOT NOTIFY DIGITAL SUCCESS MEDIA LLC OF SUCH CLAIM OR DISPUTE WITHIN SIX (6) MONTHS OF THE EFFECTIVE DATE, THEN THE CLIENT AGREES TO WAIVE THE RIGHT TO PURSUE SUCH CLAIMS AND/OR DISPUTES.
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SEVERABILITY
If any provision of this AGREEMENT should be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this AGREEMENT and shall not affect the validity and enforceability of any remaining provisions.
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VENUE
Regardless of the place of signing of this Agreement the parties agree that for purposes of venue,this agreement was entered into in Hillsborough County, Florida, and any dispute will be litigated or arbitrated in Hillsborough County, Florida, applying the laws of the State of Florida.
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CONDITIONS BEYOND THE CONTROL OF THE PARTIES
The Work Order, Invoice, Quote, Terms & Conditions and Refund Policy constitute the sole agreement between Client and Digital Success Media LLC regarding the subject of this Agreement.
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