Terms and Conditions of Services
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
BY SIGNING UP FOR THE SERVICES PROVIDED BY THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU SIGN UP FOR THE SERVICES ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT SIGN UP FOR THE SERVICES FROM THIS WEBSITE IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (1) AT LEAST 18 YEARS OF AGE OR (2) LEGAL AGE TO FORM A BINDING CONTRACT WITH DIGITAL POWER TEAM, INC.; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
- AGREEMENT. These Terms apply to the sale of membership services (the “Services”) provided through digitalpowerteam.com (the “Website”). These Terms are subject to change by DIGITAL POWER TEAM, INC. (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or Services that are available through this Website. Your continued use of this Website and the Services after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
- PURCHASE AND SALE. You agree that your request for the Services is an offer to buy, under these Terms, all products and Services requested. All orders for the Services must be accepted by us or we will not be obligated to sell the Services to you. We may choose not to accept orders at our sole discretion, even after we, or a third-party service provider, send you a confirmation email with your order number and details of the items you have ordered.
- MEMBERSHIP SERVICES. In order to qualify to receive the Services, you may be required to submit an application. You represent and warrant that the information provided during such application is true, correct, and complete. As a condition of us accepting your offer for the Services, you are required to commit to twelve (12) months minimum. Please review these Terms to ensure you understand fully your commitment within those twelve (12) months. After the completion of your minimum twelve (12) months commitment, you may terminate the Services by sending an email to email@example.com. As a condition of purchasing and utilizing our Services you are required to review and follow our “Rules of Engagement” which dictate the responsibilities and conduct of our members. We reserve the right to cancel the Services should we believe, in our sole discretion, that you have violated the Rules of Engagement. We reserve the right to change the Rules of Engagement without warning or notice, and you agree that, as a condition of receiving our Services, you will periodically review the Rules of Engagement for changes that apply to your use of the Services.
- MEMBERSHIP FEES. You agree to pay a monthly fee (“Membership Fee”) in accordance with these Terms for the Services provided on our Website. The initial Membership Fee is due prior to first utilizing our Services. Thereafter, Membership Fees shall be due on a monthly basis following your purchase. Membership Fees shall not be pro-rated for any month. Any fees or charges that are not included in the Membership Fee shall be due at the time of service or purchase.
- PRICES AND PAYMENT TERMS. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your Services and merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
- RETURNS AND REFUNDS. No refunds will be provided for any purchased products or Services. All sales are final.
- REFERRALS. You are encouraged to invite new members to utilize the Services offered on the Website. In consideration for referrals for new members to the Services offered, we shall provide the following incentives (the “Incentives”): (i) for the first five (5) active members you refer during the first 100 days of your membership, your Membership Fee shall be waived one month per referral. We may offer additional “incentives” from time to time and reserve the rights to change such incentives with or without notice to our members. The terms and conditions under which we offer the Incentives shall be determined in our sole discretion. We retain have the authority to control all discussions and negotiations regarding any proposed or actual Incentives. The relationship between you and DIGITAL POWER TEAM, INC. shall at all times remain that of customer and service provider and nothing in this Section 7 shall be construed to create any association, partnership, joint venture, employee, or agency relationship between you and DIGITAL POWER TEAM, INC. for any purpose. You have no authority (and shall not hold yourself out as having authority) to legally bind us and you shall not make any agreements or representations on our behalf without our prior written consent.
- THIRD-PARTY SERVICE PROVIDERS. We may link to or offer third-party services on our website or otherwise through the Services (the “Third-Party Services”). Any purchase, enabling, or engagement of Third-Party Services, including but not limited to any exchange of data between you and any Third-Party Service, is solely between you and the applicable Third-Party Service provider and is subject to the terms and conditions of such third-party provider. We do not warrant, endorse or support Third-Party Services and we are not responsible or liable for such services or any losses or issues that result from your use of such services. If you purchase, enable or engage any Third-Party Service for use in connection with our Services, you acknowledge that we may allow providers of those Third-Party Services to access your data used in connection with the Services as required for the interoperation of such Third-Party Services with the Services. You represent and warrant that your use of any Third-Party Service signifies your independent consent to the access and use of the Third-Party Service, and that such consent, use, and access is outside of our control. We will will not be responsible or liable for any disclosure, modification or deletion of Data resulting from any such access by Third-Party Service providers.
- WARRANTY AND DISCLAIMER. ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF ANY MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE. The limitation of liability set forth above shall: (i) only apply to the extent permitted by law; and, (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10(a) is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of DIGITAL POWER TEAM, INC.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these Terms, you must contact us by email at firstname.lastname@example.org.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Relationship of the Parties. The relationship between the parties to these Terms is that of customer and service provider. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
- Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.
- Violation of Agreement. Any violation of this Agreement will be subject to the Governing Law defined herein. Further, for any violation deemed to be intentional, the violating party will bear all attorneys’ fees incurred by DIGITAL POWER TEAM, INC. seeking to remedy the violation. This includes, inter alia, any misappropriation or misuse of the intellectual property rights and/or proprietary materials of DIGITAL POWER TEAM, INC., as defined herein.
Rules of Engagement
Welcome to the Digital Power Team.
We are a national group of B2B professionals growing our businesses in the virtual marketplace through networking and collaboration. Below are the rules we play by, please read and sign.
- We participate with a generous spirit and gracious attitude towards one another.
- The team philosophy is based on giving before you get. We are here to win and we accomplish that by helping others to win.
- We are respectful of one another. No spamming or direct solicitation of the members is allowed.
- You shall not attempt to solicit or recruit team members for other groups.
- The processes we use and content we provide are for you to learn from, participate in and benefit from. However, they are proprietary and you shall not repackage, resell or recirculate them.
- As a referral only group, we encourage you to introduce friends and colleagues whom you feel are a fit for the group. Growth is good for the team so we offer a referral reward plan to show appreciation for your efforts to help us grow. See the details on our Terms of Service.
- All referrals must go through an interview process before being accepted as team members.
- Qualifying a Referral 1). Are they a US based company? 2. Are they are B2B company. 3. Do you have personal business experience with them? 4. Have you gotten to know them through networking and feel confident they are a good fit for the team?
- When collaborating on LinkedIn we follow their guidelines regarding content which means we focus on business rather than social, political or religious issues.
- You are expected to adhere to our rules associated with our Partner Posting Process on LInkedIn.
- Even though we offer a variety of opportunities to participate with the team, participation is not mandatory. We network and collaborate daily, bi-weekly and monthly.
- You are agreeing to a 12 month commitment.
- Any concerns or issues are taken to our founder, Terri Teague. She is the manager of our group. Email: email@example.com
- In addition to our Rules of Engagement, you are governed by our Terms of Service which are listed on our website. www.digitalpowerteam.com
- When registering you must accept our Terms of Service so PLEASE READ THEM CAREFULLY.