Membership Site Agreement

Terms & Conditions

Membership Site Agreement and Terms and Conditions

Please read this Membership Agreement Site and Terms and Conditions carefully before using this Website.

Membership Site Agreement and Terms and Conditions Consent

This Membership Site is owned and operated by SME Publishing, LLC d/b/a Clients and Community (hereinafter “Clients and Community,” the “Company”, “we”, or “us”). As used in these Membership Site Agreement and Terms and Conditions, the words “you” and “your” refer to any person accessing the Clients and Community Membership website at https://members.clientsandcommunity.com. The words “we,” “us,” and “our” refer to Clients and Community. Please read these Membership Site Agreement and Terms and Conditions carefully.  By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Membership Site Agreement and Terms and Conditions. If you do not agree to these Membership Site Agreement  and Terms and Conditions, you should not continue to use or access this Site.

We reserve the right to modify, alter, or other update these Membership Site Agreement and Terms and Conditions at any time. We will post any such change at this site. Any changes will apply prospectively. You are encouraged to review these Membership Site Agreement and Terms and Conditions each time you use the Website because your use of the Website after the any changes will constitute your acceptance of the changes. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Website and its materials. We reserve the right, in our sole discretion and without notice to you, to revise this Website and to change, suspend or discontinue any aspect of the Website and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website, or materials without notice or penalty. Your continued use of the Website will constitute your acceptance of any such changes.

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years of age and that you agree to abide by these Membership Site Agreement and Terms and Conditions. Any registration by, use of or access to the Website and its Content by anyone under age 18 is strictly unauthorized, unlicensed and in violation of these Membership Site Agreement and Terms and Conditions.

Intellectual Property Rights

Clients and Community owns the intellectual property rights  to of all information on this Website including but not limited to the company’s name, logo, graphics, videos, audios, images, designs, photographs, writings, templates, graphs, data, and other materials. Clients and Community ownership rights are protected by copyrights, trademarks, trade secrets, or other proprietary rights. You agree to comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying. You may not copy, display, distribute, modify, reproduce, or transmit this site or portions thereof without prior written consent from us.  Except as provided in this herein, Clients and Community does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (hereinafter “Content”) is our property, all rights reserved, of which we will strictly enforce.

Use of the Website

You may use this Website only for your own noncommercial personal use and in compliance with these Membership Site Agreement and Terms and Conditions. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Website. An account and password are needed to this Website, and you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

When using this Website you may be given access to our exclusive clients-only community or other online forums  in which you may post or share comments, photos, messages or other material (hereinafter “Your Content”).  When posting Your Content, you agree that you will not post or otherwise publish through this Website any of the following:

i. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.

ii. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

iii. Information that includes personal or identifying information about another person without that person’s consent.

iv. Information that constitutes promotion or advertisement for groups, events or activities organized through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.

v. Any information or content that impersonates any person or entity.

vi. Any material, non-public information about companies without authorization to do so.

vii. Any advertisements, solicitations, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

Account Creation

In order to use the Site you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Clients and Community will always be accurate, correct, and up to date, and is your information. You must 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 or violate any laws.

Proprietary Rights

You acknowledge and agree that the contents of this Website, including but not limited to its materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Website are the property of Clients and Community or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Website.

    Request for Permission to Use Our Content

    Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you wish to use the Content by sending an e-mail to [email protected].

    Information You Submit  to Us

    With respect to any information or materials you submit or make available to us, you agree that any information you provide to us through email, comments, or other forms of communication, is done with a non-exclusive, worldwide, perpetual, irrevocable, non-terminable, royalty-free license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. As such, please do not provide us with information you do not want us to use. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Clients and Community the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Clients and Community will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

    Electronic Communications and Electronic Signatures

    You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from Clients and Community solely through electronic transmission. You further agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

    Membership Site Benefits

    The Website and Membership includes your access to the following programs and materials of Clients and Community including: The Prominence Partnership Program consisting of: Live Trainings Classes, exclusive Clients-Only Community, Tools, Templates and Resources, and such other materials and resources that may be added to the Website from time to time.

    Payment

    To access the Website and to be a member of our Membership Site, you agree to pay us the full amount of the membership as outlined in the client agreement. If you opt for one of the named payment plan, a credit card will be kept on file and you will be billed monthly until the full fee is paid.

    In the event you fail to make  the monthly membership payment, we have the right to immediately disallow participation by you in the membership until payment is paid in full, including disallowing access to our Website, exclusive clients-only community, and other Members Only exclusive material.  If we do not receive payment after three (3) business days, we will terminate your all of your access to our Website, clients-only community, and other Members Only exclusive material.

    Cancellations and Refunds

    You may cancel your membership at any time by emailing [email protected]. Once you cancel your membership, within one (1) business day, you will no longer have access to the Website, to all of our content and community resources, including the clients-only community, live or past trainings, and any other materials once you have cancelled your membership.

    Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

    Modifications to Terms and Conditions

    We may at any time amend these Membership Site Agreements and Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Membership Site Agreement and Terms and Conditions on this Site and emailing it to you. 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 Website and service, including these Membership Site Agreement and Terms and Conditions, at any time as well as to change the price and fees to membership. We will post the most recent versions to the Site and list the effective dates on the pages of our Membership Site Agreement and Terms and Conditions, as well as email it to you.

    Confidentiality

    You understand and agree that all materials contained on the Site are the exclusive property of Clients and Community and are privileged and confidential information. You agree to not disclose the confidential information to anyone unless required to do so by law. Furthermore we understand and agree that all materials shared by you that are given to shall remain confidential and secured.

    Earnings Disclaimer

    You agree that we are not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You, and you alone are solely responsible for your financial results, your income and your business’ success.

    Testimonials

    Our Website may present examples of other people’s actual experiences, and these testimonials are for the purpose of illustration only. The testimonials and examples are of actual clients and results they personally achieve, as well as clients whom we have worked with and are speaking on their experiences of working with us, or the quality of our work. In no way are these testimonials intended to represent or guarantee that you will achieve the same or similar results and should not be perceived in that way. The testimonials represent only what is possible and are for illustrative purposes only.

    Website Disclaimer

    While we use reasonable efforts to include accurate and up-to-date information on our site, we make no warranties or representations as to its accuracy. Clients and Community assumes no liability or responsibility or any errors or omissions in the content on our website.

    OUR WEBSITE AND ALL CONTENTS OF OUR WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF OUR WEBSITE THAT YOUR USE OF WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT CLIENTS AND COMMUNITY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR WEBSITE.

    Indemnification

    You agree to defend, indemnify and hold Clients and Community harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arises from or related to your failure to comply with these Membership Site Agreement and Terms md Conditions. Neither Clients and Community  nor any other party involved in creating, producing, or delivering our Website shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your access to or use of our website.

    Limitation of Liability

    IN NO EVENT SHALL CLIENTS AND COMMUNITY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL,  INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF CLIENTS AND COMMUNITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF CLIENTS AND COMMUNITY ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO CLIENTS AND COMMUNITY IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

     

    You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through this Website. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

     

    Furthermore, Clients and Community does not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its content, or in any way or in any location. In the event that you use our Website and its content or any other information provided by us or affiliated with us, we assume no responsibility.

    Release of Claims

    In no event will Clients and Community be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

    Choice of Law and Jurisdiction

    This Agreement shall be construed in accordance with the laws of the State of Arizona, without regard to any conflict of law provisions. Any dispute arising under these Membership Site Agreement and Terms and Conditions shall be resolved exclusively by the state or federal courts sitting in Arizona, County of Maricopa.

    Arbitration

    At Clients and Community’s sole discretion, it may require you to submit any disputes arising from this Agreement, including disputes arising from or concerning its interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Arizona under the Rules of Arbitration of the American Arbitration Association by one or more arbitrators appointed in accordance with the said Rules applying Arizona State law.

    Term and Termination

    Without limiting other remedies, we reserve the right and may immediately discontinue, suspend, terminate, or block your and any user’s access to our Website at any time in our sole discretion.

    In the event of cancellation or termination, you will no longer be authorized to access the part of the Website or content affected by such cancellation or termination.

    By using this Website, you are  agreeing to all parts of the above Membership Site Agreement and Terms and Conditions. If you have any questions about these Membership Site Agreement and Terms and Conditions, seek additional information, or wish to cancel your membership, please send an email to [email protected] or contact us at:

    SME Publishing, LLC

    ATTN: Membership

    4250 N Drinkwater Blvd
    Unit 300 / Office #84 
    Scottsdale, Arizona 85251

    Last Updated:  December 27, 2020

     

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