IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.DEMELZAMARIE.COM.
THE USE OF WWW.DEMELZAMARIE.COM IS GOVERNED BY THESE TERMS. WE OFFER THE WEBSITE, INCLUDING ALL INFORMATION, TOOLS, AND SERVICES AVAILABLE FROM THE WEBSITE TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS STATED HEREIN. BY ACCESSING, USING, SUBSCRIBING, OR PLACING AN ORDER OVER THE WEBSITE, YOU AND YOUR BUSINESS (INCLUDING ANY SUB-USERS YOU MAY HAVE) AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE IN ANY MANNER OR FORM WHATSOEVER.
THIS IS A BINDING AGREEMENT. THESE TERMS, TOGETHER WITH OUR PRIVACY STATEMENT, FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND DEMELZAMARIE. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY DEMELZAMARIE, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
SECTION 1 – WEBSITE USE
THE WEBSITE IS INTENDED FOR ADULTS. IF YOU USE THE WEBSITE, YOU ARE AFFIRMING THAT YOU ARE AT LEAST 18 YEARS OLD OR THE LEGAL AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE (WHICHEVER IS GREATER), HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING CONTRACT WITH US, AND HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ITS TERMS.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
NO MATERIAL ON THE WEBSITE MAY BE COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, UPLOADED, DISPLAYED, POSTED, OR TRANSMITTED IN ANY WAY WHATSOEVER. THE DEMELZAMARIE LOGO IS A PROPRIETARY MARK OF DEMELZAMARIE, AND THE USE OF THIS MARK IS STRICTLY PROHIBITED. NOTHING HEREIN GIVES YOU THE RIGHT TO USE, COPY, REGISTER AS A DOMAIN NAME, REPRODUCE, OR OTHERWISE DISPLAY ANY LOGO, TAGLINE, TRADEMARK, TRADE NAME, COPYRIGHTED MATERIAL, PATENT, TRADE DRESS, TRADE SECRET, OR CONFIDENTIAL INFORMATION OWNED BY DEMELZAMARIE.
YOU AGREE NOT TO USE OR ATTEMPT TO USE THE WEBSITE, OR ANY COURSES PROVIDED BY DEMELZAMARIE, IN ANY UNLAWFUL MANNER OR A MANNER HARMFUL TO DEMELZAMARIE.
SECTION 3 – OUR PRIVACY STATEMENT
WE RESPECT YOUR PRIVACY AND THE USE AND PROTECTION OF YOUR NON-PUBLIC, PERSONAL INFORMATION. YOUR SUBMISSION OF PERSONAL INFORMATION THROUGH THE WEBSITE IS GOVERNED BY OUR PRIVACY STATEMENT. OUR PRIVACY STATEMENT MAY BE VIEWED AT HTTPS://WWW.DEMELZAMARIE.COM/PRIVACY
DEMELZAMARIE RESERVES THE RIGHT TO MODIFY ITS PRIVACY STATEMENT IN ITS REASONABLE DISCRETION FROM TIME-TO-TIME. OUR PRIVACY STATEMENT ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS
IF YOU PURCHASE ANY COURSES FROM DEMELZAMARIE, YOU WILL BE REQUIRED TO CREATE AN ACCOUNT WITH DEMELZAMARIE THROUGH ZENLER. YOU WARRANT THAT THE INFORMATION YOU PROVIDE US IS TRUTHFUL AND ACCURATE, AND THAT YOU ARE NOT IMPERSONATING ANOTHER PERSON. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORD YOU MAY USE TO ACCESS YOUR ZENLER USER ACCOUNT, AND YOU AGREE NOT TO TRANSFER YOUR PASSWORD OR USER NAME, OR LEND OR OTHERWISE TRANSFER YOUR USE OF OR ACCESS TO YOUR USER ACCOUNT, TO ANY THIRD PARTY. YOU ARE ALSO RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF PROPRIETARY OR NON-PUBLIC INFORMATION WE MAY SHARE WITH YOU AS A DEMELZAMARIE USER, SUCH AS TECHNICAL INFORMATION, OUR PRICING, OUR BUSINESS STRATEGY, AND DATA ABOUT OTHER PAST OR CURRENT DEMELZAMARIE USERS.
YOU ARE FULLY RESPONSIBLE FOR ALL TRANSACTIONS WITH, AND INFORMATION CONVEYED TO, DEMELZAMARIE UNDER YOUR USER ACCOUNT. YOU AGREE TO IMMEDIATELY NOTIFY DEMELZAMARIE OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR USER NAME OR ANY OTHER BREACH OF SECURITY RELATED TO YOUR USER ACCOUNT. YOU AGREE THAT DEMELZAMARIE IS NOT LIABLE, AND YOU WILL HOLD DEMELZAMARIE HARMLESS, FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
IF YOU ORDER A SERVICE OR PRODUCT, PAYMENT MUST BE RECEIVED BY US BEFORE YOUR ORDER IS ACCEPTED. WE MAY REQUIRE ADDITIONAL INFORMATION REGARDING YOUR ORDER IF ANY REQUIRED INFORMATION WAS MISSING OR INACCURATE, AND MAY CANCEL OR LIMIT AN ORDER ANY TIME AFTER IT HAS BEEN PLACED. YOUR ELECTRONIC ORDER CONFIRMATION, OR ANY FORM OF CONFIRMATION, DOES NOT SIGNIFY OUR ACCEPTANCE OF YOUR ORDER. YOU MUST CONTACT US IMMEDIATELY AT SUPPORT@DEMELZAMARIE.COM IN ORDER TO MODIFY OR CANCEL YOUR PENDING ORDER. WE CANNOT GUARANTEE THAT WE WILL BE ABLE TO AMEND YOUR ORDER IN ACCORDANCE WITH YOUR INSTRUCTIONS.
ALL ITEMS ARE SUBJECT TO AVAILABILITY. WE WILL NOTIFY YOU IF ANY ITEM IS NOT AVAILABLE, THE EXPECTED AVAILABILITY DATE, AND MAY OFFER YOU AN ALTERNATIVE PRODUCT OR SERVICE. IF THE AVAILABILITY OF ANY PRODUCT OR SERVICE IS DELAYED AND YOU DO NOT WISH TO SUBSTITUTE THE PRODUCT OR SERVICE, UPON YOUR REQUEST, WE WILL CANCEL YOUR ORDER AND IF PREVIOUSLY CHARGED, YOUR PAYMENT CARD WILL BE FULLY REFUNDED FOR THAT SPECIFIC ORDER. WE RESERVE THE RIGHT TO LIMIT THE SALES OF OUR PRODUCTS AND SERVICES TO ANY PERSON, GEOGRAPHIC REGION, OR JURISDICTION. WE MAY EXERCISE THIS RIGHT ON A CASE-BY-CASE BASIS AT OUR SOLE AND EXCLUSIVE DISCRETION.
YOUR PURCHASE ORDER OF PRODUCTS AND OTHER SERVICES IS CONDITIONED ON YOU RE-AFFIRMING YOUR ACCEPTANCE OF THIS AGREEMENT.
ALL ADVERTISED PRICES ARE IN, AND ALL PAYMENTS SHALL BE IN, U.S. DOLLARS.
SECTION 6 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A COURSE CREATOR STUDIO MEMBER IS RESPONSIBLE FOR PAYING ALL SUMS DUE TO DEMELZAMARIE IN CONNECTION WITH THEIR MONTHLY SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS. THE FIRST FEE PAYABLE IN ACCORDANCE WITH THESE TERMS IS DUE WHEN THE USER ACCOUNT IS SET UP AND PAYMENT OF THE MONTHLY FEE IS A CONDITION OF ACCESS, OR AFTER YOUR FREE TRIAL ENDS AND YOU HAVE NOT CANCELED THE AUTOMATIC SUBSCRIPTION WITH US. EVERY CALENDAR MONTH, YOUR ACCOUNT WILL BE CHARGED THE SUBSCRIPTION FEE, TOGETHER WITH ANY OTHER FEES FOR THE FOLLOWING MONTH’S SUBSCRIPTION PLUS ANY ACCUMULATED CHARGES FOR THE PAST PERIOD (COLLECTIVELY, “FEES”). FAILURE BY THE COURSE CREATOR STUDIO MEMBER TO USE ANY OF THE SERVICES AVAILABLE THROUGH THE SERVICE PROVIDED BY DEMELZAMARIE DOES NOT RELIEVE THE COURSE CREATOR STUDIO MEMBER OF THEIR PAYMENT OBLIGATIONS UNDER THESE TERMS.
POTENTIAL USERS CAN PAY BY CREDIT CARD OR DEBIT CARD. PAYMENT DETAILS SHALL BE COLLECTED BY US THROUGH OUR SECURE FINANCIAL DATA COLLECTION MECHANISM. YOU ACKNOWLEDGE AND AGREE THAT WE HOLD DATA RELATING TO THE TRANSACTION, INCLUDING THE LAST FOUR DIGITS AND THE EXPIRATION DATE OF THE CARD USED TO PURCHASE THE PRODUCTS OR SERVICES TOGETHER WITH DETAILS ON WHEN PAYMENT IS DUE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT PAYMENTS ARE DUE ON A RECURRING BASIS IN ACCORDANCE WITH THE PAYMENT TERMS FOR THE SPECIFIC SERVICE PURCHASED (UNLESS THE SUBSCRIPTION IS CANCELLED IN ACCORDANCE WITH THESE TERMS) AND THEREFORE AUTHORIZE THE AUTOMATIC PAYMENT COLLECTION TERMS APPLICABLE TO THAT SPECIFIC SERVICE (E.G., ON A MONTHLY BASIS AND FOR A SPECIFIC AMOUNT).
IF YOU ARE A COURSE CREATOR STUDIO MEMBER WITH A MONTHLY OR ANNUAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY OR ANNUALLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO COURSE CREATOR STUDIO, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY EMAILING SUPPORT@DEMELZAMARIE.COM AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
DEMELZAMARIE RESERVES THE RIGHT TO IMMEDIATELY TERMINATE A MEMBER'S ACCOUNT AND/OR SERVICE FOR ANY UNPAID (IN WHOLE OR PART) PERIOD OF THE SUBSCRIPTION (WITH OR WITHOUT NOTICE). TERMINATION OF SERVICE IN NO WAY RELIEVES OR EXCUSES THE MEMBER FROM ANY OBLIGATION TO PAY OUTSTANDING CHARGES OR EXPENSES. IN THE EVENT DEMELZAMARIE STARTS COLLECTION PROCESSES OF ANY TYPE, YOU WILL BE LIABLE FOR ALL COLLECTION COSTS, INCLUDING LEGAL FEES AND EXPENSES.
IN ADDITION TO ANY FEES, DEMELZAMARIE MAY ALSO CHARGE APPLICABLE VALUE ADDED OR OTHER TAX.
SECTION 7 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
DEMELZAMARIE RESERVES THE RIGHT, WITHOUT NOTICE, TO DISCONTINUE PRODUCTS OR SERVICES OR MODIFY SPECIFICATIONS AND PRICES ON PRODUCTS AND SERVICES WITHOUT INCURRING ANY OBLIGATION TO YOU.
AS A COURSE CREATOR STUDIO MEMBER, YOU WILL BE LOCKED IN AT THE PRICE YOU JOINED FOR AS LONG AS YOU REMAIN A MEMBER IN GOOD STANDING. IF YOU CHOOSE TO LEAVE AND JOIN AGAIN LATER, YOU WILL JOIN AT THE CURRENT PRICE RATHER THAN THE PRICE YOU HAD BEFORE IF IT IS DIFFERENT.
DEMELZAMARIE TAKES REASONABLE STEPS IN AN EFFORT TO ENSURE THAT THE PRICES SET FORTH ON THE WEBSITE ARE CORRECT, AND TO ACCURATELY DESCRIBE AND DISPLAY THE ITEMS AVAILABLE ON THE WEBSITE. IF THE CORRECT PRICE OF OUR PRODUCT IS HIGHER THAN ITS STATED PRICE, WE WILL, AT OUR DISCRETION, EITHER CONTACT YOU FOR INSTRUCTIONS OR CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION.
WHEN ORDERING PRODUCTS OR SERVICES, PLEASE NOTE THAT DEMELZAMARIE DOES NOT WARRANT THAT PRODUCT OR SERVICE DESCRIPTIONS ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. CLICKFUNNELS’ DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS OR SERVICES NOT OWNED BY DEMELZAMARIE ARE NOT INTENDED TO IMPLY ENDORSEMENT OF THAT PRODUCT OR SERVICE, OR CONSTITUTE A WARRANTY BY DEMELZAMARIE.
SECTION 8 – DISCLAIMER - YOUR INDIVIDUAL RESULTS WILL VARY
EVERY PERSON AND BUSINESS IS DIFFERENT, EMPLOYING DIFFERENT STRATEGIC APPROACHES AND ORGANIZATIONAL STRUCTURES, AND OFFERING DIFFERENT PRODUCTS AND SERVICES. THEREFORE, INDIVIDUAL RESULTS WILL VARY FROM USER TO USER. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
DEMELZAMARIE DOES NOT PROMISE, GUARANTEE, OR WARRANT YOUR BUSINESS’ SUCCESS, INCOME, OR SALES. YOU UNDERSTAND AND ACKNOWLEDGE THAT DEMELZAMARIE WILL NOT AT ANY TIME PROVIDE SALES LEADS OR REFERRALS TO YOU OR YOUR BUSINESS. THOSE INDIVIDUALS/BUSINESSES WHO PURCHASE OUR PRODUCTS OR SERVICES WILL RECEIVE ACCESS TO COURSES AND TOOLS TO CREATE AN ONLINE COURSE BUSINESS AND OTHERWISE ASSIST WITH THEIR RESPECTIVE ONLINE OFFERINGS. HOWEVER, WE DO NOT GUARANTEE YOUR BUSINESS’ SUCCESS AND BASED UPON MANY MARKET FACTORS THAT WE CANNOT CONTROL, THE COURSES AND TOOLS WE PROVIDE MAY OR MAY NOT BE APPLICABLE TO YOUR SPECIFIC BUSINESS.
FURTHER, WE DO NOT MAKE EARNINGS CLAIMS, EFFORTS CLAIMS, RETURN ON INVESTMENT CLAIMS, OR CLAIMS THAT OUR COURSES, TOOLS, OR OTHER OFFERINGS WILL MAKE YOUR BUSINESS ANY SPECIFIC AMOUNT OF MONEY, AND IT IS POSSIBLE THAT YOU WILL NOT EARN YOUR INVESTMENT BACK. WE DO NOT SELL A BUSINESS OPPORTUNITY, “GET RICH QUICK” PROGRAM, GUARANTEED SYSTEM, FRANCHISE SYSTEM, OR A BUSINESS IN A BOX. YOU SHOULD NOT PURCHASE OUR PRODUCTS OR SERVICES IF THAT IS YOUR EXPECTATION. INSTEAD, YOU SHOULD PURCHASE WITH THE UNDERSTANDING THAT USING THE INFORMATION AND TOOLS PURCHASED WILL TAKE TIME AND EFFORT AND MAY BE APPLICABLE IN SOME SITUATIONS BUT NOT OTHERS. ALSO, WE DO NOT OFFER ANY TAX, ACCOUNTING, FINANCIAL, OR LEGAL ADVICE. YOU SHOULD CONSULT YOUR BUSINESS’ ACCOUNTANT, ATTORNEY, OR FINANCIAL ADVISOR FOR ADVICE ON THESE TOPICS.
SECTION 9 – INDEPENDENT DEMELZAMARIE AFFILIATE PROGRAM
DEMELZAMARIE MAY OFFER YOU AN OPPORTUNITY TO BECOME AN INDEPENDENT DEMELZAMARIE AFFILIATE (“AFFILIATE”), WHEREIN YOU HAVE THE OPPORTUNITY TO EARN ADDITIONAL MONEY FOR COURSES/SERVICES THAT YOU SELL TO OTHER USERS SUBJECT TO YOUR ACCEPTANCE OF THE TERMS OF THE DEMELZAMARIE AFFILIATE AGREEMENT (THE “AFFILIATE AGREEMENT”). DEMELZAMARIE RESERVES THE SOLE AND EXCLUSIVE RIGHT TO DETERMINE THE AMOUNT OF REMUNERATION EACH AFFILIATE WILL RECEIVE IN EXCHANGE FOR THE AFFILIATE’S EFFORTS. AFFILIATE COMMISSION IS FURTHER DISCUSSED IN THE AFFILIATE AGREEMENT. FOR AVOIDANCE OF DOUBT, AFFILIATES ARE INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES OR AGENTS OF DEMELZAMARIE. AFFILIATES HAVE NO AUTHORITY TO ACT ON BEHALF OF OR BIND DEMELZAMARIE. AFFILIATES SHALL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL COSTS AND OTHER EXPENSES INCURRED.
TO FIND OUT MORE INFORMATION ABOUT THE AFFILIATE PROGRAM AND THE ADDITIONAL TERMS THAT APPLY, PLEASE CLICK HERE. FOR AVOIDANCE OF DOUBT, ALL SECTIONS OF THESE TERMS APPLY TO YOU IN YOUR ROLE AS AN AFFILIATE, UNLESS EXPRESSLY PROVIDED OTHERWISE.
SECTION 10 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
DEMELZAMARIE IS PLEASED TO HEAR FROM USERS AND CUSTOMERS AND WELCOMES YOUR COMMENTS REGARDING OUR SERVICES AND PRODUCTS. DEMELZAMARIE MAY USE TESTIMONIALS AND/OR PRODUCT REVIEWS IN WHOLE OR IN PART TOGETHER WITH THE NAME, CITY, AND STATE OF THE PERSON SUBMITTING IT. TESTIMONIALS MAY BE USED FOR ANY FORM OF ACTIVITY RELATING TO DEMELZAMARIE’S SERVICES OR PRODUCTS, IN PRINTED AND ONLINE MEDIA, AS DEMELZAMARIE DETERMINES IN ITS SOLE AND EXCLUSIVE DISCRETION. TESTIMONIALS REPRESENT THE UNIQUE EXPERIENCE OF THE PARTICIPANTS AND CUSTOMERS SUBMITTING THE TESTIMONIAL, AND DO NOT NECESSARILY REFLECT THE EXPERIENCE THAT YOU AND YOUR BUSINESS MAY HAVE USING OUR SERVICES OR PRODUCTS. AS SET FORTH ABOVE IN SECTION 8, YOUR BUSINESS’ RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS AND MARKET FORCES BEYOND DEMELZAMARIE’S CONTROL. NOTE THAT TESTIMONIALS, PHOTOGRAPHS, AND OTHER INFORMATION THAT YOU PROVIDE TO US WILL BE TREATED AS NON-CONFIDENTIAL AND NONPROPRIETARY, AND, BY PROVIDING THEM, YOU GRANT DEMELZAMARIE A ROYALTY-FREE, WORLDWIDE, PERPETUAL, NON-EXCLUSIVE AND IRREVOCABLE LICENSE TO USE THEM.
ADDITIONALLY, DEMELZAMARIE RESERVES THE RIGHT TO CORRECT GRAMMATICAL AND TYPING ERRORS, TO SHORTEN TESTIMONIALS PRIOR TO PUBLICATION OR USE, AND TO REVIEW ALL TESTIMONIALS PRIOR TO PUBLICATION OR USE. DEMELZAMARIE SHALL BE UNDER NO OBLIGATION TO USE ANY, OR ANY PART OF, ANY TESTIMONIAL OR PRODUCT REVIEW SUBMITTED.
SECTION 11 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL DEMELZAMARIE OR ANY OF ITS EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT INCLUDING THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOURS, OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE, OR ANY SERVICE OR PRODUCT, REGARDLESS OF WHETHER DEMELZAMARIE HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL DEMELZAMARIE’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO DEMELZAMARIE FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST DEMELZAMARIE OCCURRED OR ONE-HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SECTION 12 – INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DEMELZAMARIE, EMPLOYEES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AFFILIATES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSS, LIABILITIES, DAMAGES, EXPENSES, DEMANDS, AND COSTS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES AND COSTS OF ANY LITIGATION OR OTHER DISPUTE RESOLUTION, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH OR RELATED TO (1) YOUR USE, MISUSE, OR ATTEMPT TO USE THE WEBSITE, COURSES, PRODUCTS, OR SERVICES, (2) YOUR BREACH OF THESE TERMS, THE DOCUMENTS THEY INCORPORATE BY REFERENCE, THE AGREEMENT, OR THE REPRESENTATIONS AND WARRANTIES PROVIDED BY YOU IN THIS AGREEMENT, OR (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
SECTION 13 – THIRD-PARTY LINKS
THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. DEMELZAMARIE ASSUMES NO RESPONSIBILITY FOR THE CONTENT OR FUNCTIONALITY OF ANY NON-DEMELZAMARIE WEBSITE TO WHICH WE PROVIDE A LINK. PLEASE SEE OUR PRIVACY STATEMENT FOR MORE DETAILS.
SECTION 14 – TERMINATION
THIS AGREEMENT WILL TAKE EFFECT (OR SHALL RE-TAKE EFFECT) AT THE TIME YOU CLICK “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” OR SIMILAR LINKS OR BUTTONS, OTHERWISE SUBMIT INFORMATION THROUGH THE WEBSITE, RESPOND TO A REQUEST FOR INFORMATION, BEGIN ACCESSING OR USING THE WEBSITE, COMPLETE A PURCHASE, SELECT A METHOD OF PAYMENT, AND/OR ENTER IN PAYMENT METHOD INFORMATION, WHICHEVER IS EARLIEST.
IF, IN OUR SOLE DISCRETION, YOU FAIL, OR WE SUSPECT THAT YOU HAVE FAILED, TO COMPLY WITH ANY TERM OR PROVISION OF THE AGREEMENT OR VIOLATED ANY LAW, WHETHER IN CONNECTION WITH YOUR USE OF DEMELZAMARIE OR OTHERWISE, WE MAY TERMINATE THE AGREEMENT OR SUSPEND YOUR ACCESS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE TO YOU. SECTIONS 8, 10 THROUGH 12, AND 14 THROUGH 22 OF THIS AGREEMENT, AS WELL AS ANY REPRESENTATIONS, WARRANTIES, AND OTHER OBLIGATIONS MADE OR UNDERTAKEN BY YOU, SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND/OR YOUR ACCOUNT OR RELATIONSHIP WITH DEMELZAMARIE. UPON TERMINATION, YOU REMAIN RESPONSIBLE FOR ANY OUTSTANDING PAYMENTS TO DEMELZAMARIE.
SECTION 15 – NO WAIVER
NO FAILURE OR DELAY ON THE PART OF DEMELZAMARIE IN EXERCISING ANY RIGHT, POWER OR REMEDY UNDER THIS AGREEMENT MAY OPERATE AS A WAIVER, NOR MAY ANY SINGLE OR PARTIAL EXERCISE OF ANY SUCH RIGHT, POWER, OR REMEDY PRECLUDE ANY OTHER OR FURTHER EXERCISE OF SUCH RIGHT, POWER, OR REMEDY, OR THE EXERCISE OF ANY OTHER RIGHTS, POWER, OR REMEDY UNDER THIS AGREEMENT. A WAIVER OF ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT SHALL ONLY BE EFFECTIVE IF IN WRITING AND SIGNED BY DEMELZAMARIE.
SECTION 16 – FORCE MAJEURE
DEMELZAMARIE WILL NOT BE RESPONSIBLE TO YOU FOR ANY DELAY, DAMAGE, OR FAILURE CAUSED OR OCCASIONED BY ANY ACT OF NATURE OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL.
SECTION 17 – ASSIGNMENT
DEMELZAMARIE MAY ASSIGN ITS RIGHTS UNDER THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE TO YOU. YOUR RIGHTS ARISING UNDER THIS AGREEMENT CANNOT BE ASSIGNED WITHOUT DEMELZAMARIE’S (OR ITS ASSIGNS’) EXPRESS WRITTEN CONSENT.
SECTION 18 – ELECTRONIC SIGNATURE
ALL INFORMATION COMMUNICATED ON THE WEBSITE IS CONSIDERED AN ELECTRONIC COMMUNICATION. WHEN YOU COMMUNICATE WITH DEMELZAMARIE THROUGH OR ON THE WEBSITE OR VIA OTHER FORMS OF ELECTRONIC MEDIA, SUCH AS
E-MAIL, YOU ARE COMMUNICATING WITH THE COMPANY ELECTRONICALLY. YOU AGREE THAT WE MAY COMMUNICATE ELECTRONICALLY WITH YOU AND THAT SUCH COMMUNICATIONS, AS WELL AS NOTICES, DISCLOSURES, AGREEMENTS, AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY, ARE EQUIVALENT TO COMMUNICATIONS IN WRITING AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF THEY WERE IN WRITING AND SIGNED BY THE PARTY SENDING THE COMMUNICATION.
SECTION 19 – CHANGES TO THE AGREEMENT
YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AT ANY TIME AT HTTPS://WWW.DEMELZAMARIE.COM/TERMS. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE, CHANGE OR REPLACE ANY PART OF THE AGREEMENT, INCLUDING THE PRIVACY STATEMENT BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK OUR WEBSITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO OUR WEBSITE FOLLOWING THE POSTING OF ANY CHANGES TO THE AGREEMENT CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
SECTION 20 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
YOU HEREBY FURTHER REPRESENT AND WARRANT: (1) THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, OR THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS GREATER; (2) HAVE READ THIS AGREEMENT AND THOROUGHLY UNDERSTAND AND AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT; AND (3) THAT YOU WILL NOT RESELL, RE-DISTRIBUTE, OR EXPORT ANY PRODUCT OR SERVICE THAT YOU ORDER FROM THE WEBSITE. YOU FURTHER REPRESENT THAT DEMELZAMARIE HAS THE RIGHT TO RELY UPON ALL INFORMATION PROVIDED TO DEMELZAMARIE BY YOU, AND DEMELZAMARIE MAY CONTACT YOU OR YOUR BUSINESS BY EMAIL, TELEPHONE, OR POSTAL MAIL FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO (I) FOLLOW-UP CALLS, (II) SATISFACTION SURVEYS, AND (III) INQUIRIES ABOUT ANY ORDERS YOU PLACED, OR CONSIDERED PLACING, ON OR THROUGH THE WEBSITE.
SECTION 21 – SEVERABILITY
IF ANY PROVISION OF THIS AGREEMENT IS FOUND BY THE ARBITRATOR OR (IF PROPER) A COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED THEREBY AND SHALL CONTINUE IN FULL FORCE AND EFFECT AND SUCH PROVISION MAY BE MODIFIED OR SEVERED FROM THIS AGREEMENT TO THE EXTENT NECESSARY TO MAKE SUCH PROVISION ENFORCEABLE AND CONSISTENT WITH THE REMAINDER OF THE AGREEMENT.
SECTION 22 – ENTIRE AGREEMENT
THESE TERMS, THE PRIVACY STATEMENT, AND ANY POLICIES OR OPERATING RULES POSTED BY US ON THE WEBSITE OR IN RESPECT TO THE WEBSITE CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND YOUR BUSINESS AND DEMELZAMARIE AND GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR ORDERING, PURCHASING, AND USE AND/OR ATTEMPTED USE OF ANY SERVICE OR PRODUCT, AND SUPERSEDES AND REPLACES ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, REPRESENTATIONS, COMMUNICATIONS, AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND DEMELZAMARIE. WE MAY ALSO, IN THE FUTURE, OFFER NEW SERVICES AND/OR FEATURES THROUGH THE WEBSITE. SUCH NEW FEATURES AND/OR SERVICES SHALL ALSO BE SUBJECT TO THIS AGREEMENT, AND ANY POLICIES OR OPERATING RULES POSTED BY US ON THE WEBSITE. ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS OR THE AGREEMENT SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY.
SECTION 23 – CONTACTING US
WE ENCOURAGE OUR CUSTOMERS TO CONTACT US WITH QUESTIONS OR COMMENTS ABOUT OUR PRODUCTS AND SERVICES. PLEASE FEEL FREE TO DO SO BY SENDING AN EMAIL TO SUPPORT@DEMELZAMARIE.COM.
IF YOU HAVE ANY QUESTIONS OR INQUIRIES CONCERNING THESE TERMS, YOU MAY CONTACT DEMELZAMARIE BY EMAIL AT DM@DEMELZAMARIE.COM, OR BY REGULAR MAIL AT 50 PORTVIEW RD, SOUTHAMPTON, HAMPSHIRE, SO18 2RH, UK.
NOTICES TO YOU MAY BE MADE BY POSTING A NOTICE (OR A LINK TO A NOTICE) ON HTTPS://WWW.DEMELZAMARIE.COM/TERMS, BY EMAIL, OR BY REGULAR MAIL, AT DEMELZAMARIE’S DISCRETION.