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Terms and Conditions

Last Updated on January, 2020

Your initial purchase and continued use of any products or services from DMCrafters, LLC are subject to and contingent upon your express agreement to the terms and conditions set forth herein.  Your purchase of our product is acceptance of these terms and conditions, you agree to abide by, comply with, and be legally bound by the terms and conditions set forth hereinafter (these “Terms and Conditions”).

 

By Purchasing and Using the Products and Services, You Agree to These Terms and Conditions.  Please Read Them Carefully.

 

YOUR AGREEMENT

These Terms and Conditions constitute an agreement (“Agreement”) made between DMCrafters, LLC and any person (“You”) purchasing and/or using any products or services from DMCrafters, LLC, whether in person, by telephone, or through DMCrafters, LLC’s website (the “Site”).  You agree to abide by and be legally bound by all of the Terms and Conditions contained in this Agreement as a condition of your purchase and continued use of any products and services from DMCrafters, LLC

 

For purposes of these Terms and Conditions, references to the products and/or services provided by DMCrafters, LLC shall include, without limitation, information whether electronic, written or verbal, teleseminars, marketing strategies, sales scripts, marketing templates, the Dashboard, illustrations, examples, and other services, as well as ALL MATERIALS posted to this web site (collectively “Products and Services”).

If you do not agree with any provision of these Terms and Conditions, you should not order any Products and Services from DMCrafters, LLC or enter into this Agreement and you should discontinue any use of the Site.  Use of DMCrafters, LLC’s Site is subject to the separate Terms and Conditions for use of the Site.  To the extent those terms and conditions differ in any way from these Terms and Conditions, these Terms and Conditions govern and control.  These Terms and Conditions are hereby incorporated by reference into your purchase of Products and Services.

 

BY PURCHASING ANY PRODUCT OR SERVICE FROM DMCRAFTERS, LLC, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE DMCRAFTERS, LLC’S PERMISSION TO PURCHASE ANY PRODUCTS OR SERVICES FROM DMCRAFTERS, LLC  ANY SUCH UNAUTHORIZED USE OF THE PRODUCTS AND SERVICES VIOLATES DMCRAFTERS, LLC’S RIGHTS IN THE PRODUCTS AND SERVICES AND IS PROHIBITED.

 

USE, ACCESS AND EQUIPMENT

Use.  The Products and Services are proprietary to DMCrafters, LLC and are protected by intellectual property laws and international intellectual property treaties.  Your access to the Products and Services is licensed and not made available unconditionally to you.  Subject to the Terms and Conditions set forth in this Agreement, DMCrafters, LLC agrees to provide you with a personal, non-transferable and non-exclusive right to access, view and use the Products and Services.

 

Accessibility.  You agree that from time to time the Site containing the Products and Services may be inaccessible or inoperable for any reason, including without limitation:  (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which DMCrafters, LLC may undertake from time to time; or (iii) causes beyond the control of DMCrafters, LLC, whether or not foreseeable.

 

Equipment.  You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, Products and Services, all hardware, software, electrical and other physical requirements for your use of the Site and Products and Services, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs, and services required to access the Site and Products and Services.

 

ELECTRONIC COMMUNICATIONS

When you use any DMCrafters, LLC Site, Product, or Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.  You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through other DMCrafters, LLC Products and Services, and you can retain copies of these communications for your records.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

All content included in or made available through any DMCrafters, LLC Product or Service, such as text, graphics, logos, icons, images, video clips, audio clips, digital downloads, data compilations, and software is the property of DMCrafters, LLC or the party credited as the provider of the content.  Accordingly, you may not copy, publish, modify, transmit, share, lease, rent, sell, or participate in the sale of Content, whole or in part, without written prior consent from DMCrafters, LLC Reproduction is strictly prohibited. Any unauthorized use of these products, materials, information shall result in criminal and/or civil prosecution.

 

TRADEMARKS

In addition, graphics, logos, page headers, icons, scripts, and services names included in or made available through any DMCrafters, LLC Site, Product or Service are trademarks or trade dress of DMCrafters, LLC in the U.S. and other countries.  DMCrafters, LLC’s trademarks and trade dress may not be used in connection with any product or service that is not DMCrafters, LLC’s without DMCrafters, LLC’s express written permission, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DMCrafters, LLC  All other trademarks not owned by DMCrafters, LLC that appear in any DMCrafters, LLC Product or Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DMCrafters, LLC

 

LIMITED LICENSE AND ACCESS

When you purchase a Product or Service from DMCrafters, LLC, you are paying for the right to be able to use certain corresponding sales and marketing templates, examples and documents included and provided in that Product or Service to promote and market your business.

Any permission to reproduce or modify these copyrighted products is done under a non-exclusive, non-transferrable license subject to your membership and/or payment in full for the Product or Service you purchase. You agree this license terminates automatically if you seek a refund, fail to pay for a Product or Service in full, terminate the membership under which a specific template or piece of content was provided, or have your membership terminated by DMCrafters, LLC for any reason. You agree this license terminates automatically if you attempt to or actually sell, relicense, sublicense, lend, give away or otherwise transfer any DMCrafters, LLC Product or Service, which include (but are not limited to) all copy, materials, campaigns, examples, audio, and visual elements contained on the Site or delivered to you in physical or electronic form.

You do NOT have the right to sell, relicense, sublicense, lend, give away or otherwise transfer any Products or Services, including without limitation examples and templates, provided to you by DMCrafters, LLC You further agree doing any of the foregoing actions will constitute copyright infringement and/or material breach of this Agreement.

You agree use and modification of these Products and Services without a valid membership with DMCrafters, LLC and/or payment in full for the Products and Services constitutes copyright infringement and/or the material breach of this Agreement.

You agree DMCrafters, LLC may demand return, without compensation to you, of any DMCrafters, LLC Product or Service should it become aware that you have attempted to sell, relicense, sublicense, lend, give away or otherwise transfer any DMCrafters, LLC Product or Service, or otherwise violate these Terms and Conditions.

 

All rights not expressly granted to you in these Terms and Conditions are reserved and retained by DMCrafters, LLC  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DMCrafters, LLC without express written permission.  You may not use any meta tags or other “hidden text” utilizing DMCrafters, LLC’s name or trademarks with express written permission from DMCrafters, LLC  You may not misuse DMCrafters, LLC’s Site, Products or Services.  You may use DMCrafters, LLC’s Site, Products or Services only as permitted by law.  The licenses granted by DMCrafters, LLC terminate and automatically expire if you do not comply with these Terms and Conditions or terms and conditions specific to other DMCrafters, LLC Products or Services.

 

YOUR ACCOUNT/MEMBERSHIP

If you use any DMCrafters, LLC Product or Service that requires you to have an account or membership with DMCrafters, LLC, you are responsible for maintaining the confidentiality of your account, membership and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, membership or password.  DMCrafters, LLC reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders in its sole discretion.

 

PROHIBITED USES

You are solely responsible for any and all of your acts and omissions that occur when using the Site, Products and Services, and you agree not to engage in any unacceptable use of the Site, Products and Services, which includes but is not limited to, use of the Site, Products and Services to:  (a) solicit and/or market to clients and customers of DMCrafters, LLC identified on the Site or who participate or post in any online forum or page on the Site; (b) disparage DMCrafters, LLC or its clients or customers on this Site or any website owned or controlled by DMCrafters, LLC; (c) transmit unsolicited messages, chain letters or unsolicited commercial email; (d) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (e) transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (f) transmit viruses, Trojan horses, or any other malicious code or program; (g) engage in systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from DMCrafters, LLC by use of scrapers or other tools; or (h) engage in any other activity deemed by DMCrafters, LLC to be in conflict with the spirit or intent of these Terms and Conditions.  You agree that if you engage in any of the prohibited uses set forth above, DMCrafters, LLC has the right to terminate your use of the Site and other site under its direction or control, and to the extent you have an account or membership with DMCrafters, LLC or have purchased any products or services from DMCrafters, LLC, DMCrafters, LLC may, at its sole discretion, terminate your access to the Site, Products, Services, account, or membership without refund of any monies paid by you.

 

TERMINATION

DMCrafters, LLC reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your account, membership and access to the Products and Services. You agree that DMCrafters, LLC shall not be held liable to you or any third party for any rejection, cancellation or termination of your account or membership, your access to the Site, or the termination of your rights in any other Product or Service provided by DMCrafters, LLC In the event that DMCrafters, LLC rejects, cancels or terminates your membership, access, or any purchased Product or Service, DMCrafters, LLC will return any amounts prepaid by you relating to the rejected, canceled or terminated Product or Service prorated for the remaining unused portion of the Product or Service.

 

DISCLAIMER OF WARRANTIES

YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION, WEB SITES, SERVICES, PRODUCTS, OR OTHER ITEMS PRESENTED TO YOU ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTY EITHER EXPRESSED OR IMPLIED. To the fullest extent permitted by law, DMCrafters, LLC hereby disclaims all express and implied warranties of any kind, including but not limited to warranties of merchantability, suitability, infringement of intellectual property rights, or fitness for a particular purpose. DMCrafters, LLC does not warrant or guarantee the results, or make any representations regarding the use or the results of the products, information both written and verbal, materials, and services provided to you on this website or in any other DMCrafters, LLC Product or Service. We also do not warrant or guarantee the accuracy, correctness, or reliability of all information, written, verbal, or otherwise. The entire risk as related to the use, results and performance of the products, services, and information provided are assumed by you, the user, and therefore you are responsible for any cost of servicing, repair, correction, or liability as a result of using the products, services, and information provided by DMCrafters, LLC on this website or in any other Product or Service offered by DMCrafters, LLC

DMCrafters, LLC is not responsible for any third party content that may be accessed through its website, and reference to third party information, products or services at this or any linked site does not constitute an express or implied warranty or endorsement by DMCrafters, LLC  When you link to another site from this website, you leave this website and server controlled by DMCrafters, LLC and enter into the jurisdiction of the linked site under the control of a third party for which DMCrafters, LLC has neither responsibility nor control.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DMCRAFTERS, LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THESE TERMS AND CONDITIONS, THE SITE, ANY DMCRAFTERS, LLC PRODUCT OR SERVICE, ANY LINKED SITE OR THE INTERNET GENERALLY, INCLUDING BUT NOT LIMITED TO, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THIS SITE OR ANY LINKED SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE OR ANY LINKED SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF DMCRAFTERS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE UNAVAILABLE.

 

IN NO EVENT SHALL DMCRAFTERS, LLC’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO DMCRAFTERS, LLC UNDER ANY AGREEMENT FOR the PURCHASE OF ANY DMCRAFTERS, LLC PRODUCT OR SERVICE DURING THE PRECEDING CALENDAR YEAR.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

INDEMNIFICATION

You agree to indemnify and hold DMCrafters, LLC, its subsidiaries, affiliates, directors, officers, shareholders, agents, and employees (“DMCrafters, LLC Indemnitees”), harmless from and against any loss, damage liability, cost or expense of any kind, including attorneys’ fees, in connection with a third party claim, demand, proceeding, or otherwise, arising out of or related to your use of any DMCrafters, LLC website, Product, or Service, or any violation by you or any of your agents, employees, independent contractors, authorized or unauthorized users accessing your accounts, memberships or passwords, of these Terms and Conditions or the terms and conditions specific to your purchase of any DMCrafters, LLC Product or Service.

 

GOVERNING LAW

These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Massachusetts. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in and presiding over Worcester County, Massachusetts regarding any and all disputes relating to these Terms and Conditions, your use of the Site, your use or purchase of any DMCrafters, LLC Product or Service, or the terms and conditions applicable to any purchase of a DMCrafters, LLC Product or Service.

 

ATTORNEYS’ FEES.  If DMCrafters, LLC prevails in any action in law or equity in enforcing or concerning the parties’ rights and obligations under these Terms and Conditions or the parties’ agreement set forth herein, DMCrafters, LLC shall be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which it may be entitled.

 

MODIFICATIONS

DMCrafters, LLC reserves the right to modify, amend, update and change these Terms and Conditions from time to time without notice to you. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that DMCrafters, LLC shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.

 

CONTENT YOU POST TO THE SITE

Visitors may submit reviews, comments, photos, videos, and other content and communications; and may submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate the prohibited uses described above, is not illegal, obscene, pornographic, threatening, defamatory, invasive of privacy, infringing on intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.  You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content.  DMCrafters, LLC reserves the right (but does not have the obligation) to remove or edit such content.

 

If you do post or submit material or content via this Site, unless DMCrafters, LLC indicates otherwise, you grant DMCrafters, LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You grant DMCrafters, LLC and sublicensees the right to use the name that you submit in connection with such content, if it chooses.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify DMCrafters, LLC Indemnities pursuant to the indemnification provision contained herein for all claims resulting from the content you supply.  DMCrafters, LLC has the right but not the obligation to monitor and edit or remove any activity or content.  DMCrafters, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

 

MISCELLANEOUS

These Terms and Conditions shall constitute the sole agreement and understanding between you and DMCrafters, LLC regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and DMCrafters, LLC regarding the subject matter hereof, whether written or oral, other than terms and conditions you may have also agreed to in connection with any purchase of DMCrafters, LLC’s Products or Services, are superseded by these Terms and Conditions. No agreement or other understanding, other than terms and conditions you may have also agreed to in connection with any purchase of DMCrafters, LLC’s Products or Services, purporting to modify these Terms and Conditions shall be binding upon DMCrafters, LLC unless otherwise agreed to by DMCrafters, LLC in writing. The failure of DMCrafters, LLC to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Any questions concerning these Terms and Conditions should be directed to:

 

Email: contact@dmcrafters.com

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