Introduction
Welcome. Traister Ventures, LLC owns and operates the website(s) TraisterVentures.com, membership site DigitalMarketingMembers.com, plus subscribes to Ontraport's CRM and automation system that includes but is not limited by messaging via emails, text messaging and postcards, plus order forms integrated with a secure ecommerce payment gateway.

By visiting and using these sites, and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following Terms and Conditions, plus our Privacy Policy (please refer to our Privacy Policy for more information).

If you do not agree to all of these Terms and Conditions of use that are in effect as of July 1, 2022, do not use these sites!

This Agreement is between Traister Ventures, LLC (hereinafter “Company,” “us,” “we,” or “our”) and its’ visitors and users (“client,” “you,” “your,” “subscriber,” “user”). Company may revise and update these Terms and Conditions at any time. Your continued usage of the Company website or membership site  (“Company Site,” or the “Site,”) will mean you accept those changes.

Your privacy is very important to us, which is why we have a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. Click here to read our privacy policy.

Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the opt-in registration process, or as part of your ability to use the Resources. You agree any information you provide will always be accurate, correct, and up to date.

In order to opt-in, you must be 13 years or older. You must be a human. You are NOT permitted to opt-in with “bots” or other automated methods. You must provide your legal full name, a valid email address, and any other information requested in order to complete the opt-in process.

b. We strictly prohibit you to access, or attempt to access, any of our Resources by any means other than through the means we provide. You specifically agree not to access, or attempt to access any of our Resources through any automated, unethical or unconventional means.

c. We strictly prohibit you to engage in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected.

d. We strictly prohibit you to attempt to copy, duplicate, reproduce, sell, trade, or resell our Resources.

e. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities that you conduct, as explained above, for which you may incur criminal or civil liability.

f. We may provide various open communication tools on our website, such as blog posts, blog comments, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand we do not generally pre-screen or monitor content posted by users of these various communication tools. This means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii. Contains any type of unauthorized or unsolicited advertising;

iv. Impersonates any person or entity, including any employees or representatives of Company.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

g. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content that you post using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Company, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the opt-in registration process, necessary in order to use our Resources. All information provided as part of our opt-in registration process is covered by our privacy policy.

h. You agree to indemnify and hold harmless Company and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

The Site Does Not Provide Medical Advice
The contents of the Company Site, such as text, graphics, images, information obtained from Company’s licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Company Site.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

Subscription and Membership Terms
This Agreement is an electronic contract that establishes the legally binding terms you must accept when you subscribe to become a “Member” of and use the website TraisterVentures.com, membership site DigitalMarketingMembers.com or any affiliated websites where the link to these terms and conditions appear, and/or newsletter(s) and/or other product(s) or service(s) available by subscription payment.

For purposes of this Agreement, the term “Member” means a person who has a username and password to access information on the membership site not available to non-members and participates in the Service as a paid subscriber. Upon Company receipt of your payment you get prompt access to all the information available on the member site at your membership level plus everything going forward.

For the Purpose of this Terms and Conditions, Service includes information on topic(s) related to marketing, digital media, automation and membership sites containing content in the form of courses, audio podcasts, blog articles, guides, newsletters, reports, pdf documents, eBooks, webinars, videos, and other media.

Your subscription will continue indefinitely until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please contact Company by clicking on the cancellation link found on the Members page of the membership site and/or email confirming original order and/or receipt of original purchase and follow the directions provided including completing an online cancellation request form and selecting the product or service for which you are cancelling subscription.

If you cancel your subscription, you may no longer use your subscription until the end of your then-current subscription term. Once Company processes your cancellation – which can take up to three business days, you will no longer have access to the information and resources available with your subscription. And Company will no longer charge you for these services. Your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Company bills you through an online account (your “Billing Account”) for use of the Service. By subscribing, you authorize Company to charge your Payment Method now and again at the beginning of any subsequent subscription period. You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize the Company to charge your chosen payment provider (your “Payment Method”) for the Service.

You also authorize Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify Company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by contacting Company through the site. If you fail to provide Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize Company to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website(s), Membership Site, or the Service(s) (or any part thereof) with or without notice. You agree that Company Sites shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Sites or the Service, Company Site reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Sites or Service(s).

Company reserves the right to offer one or more membership levels that it promotes with different prices, access to different package of products and services, and perks such as coupons with discounts that members can use toward purchases of products and services involving courses, content and consultations.

DigitalMarketingMembers.com Membership Site
The DigitalMarketingMembers.com membership site offers three membership levels, namely Gold, Silver and Bronze. Company reserves the right to offer a FREE trial for one or more membership levels for a pre-determined length of time, such as one month, after which would charge you the subscription fee each month until you cancel. As long as you are a subscribing member who has successfully paid the monthly subscription fee for the current month, you shall be eligible to receive and use coupon(s) that you could use toward the purchase of certain products and services; however, you may NOT use these coupons toward the monthly subscription fee.

Gold members will have access to all membership site courses with some free & others at up to a 20% discount of the price offered. Plus, gold members will have access to all membership site content including audio podcasts, blog articles, guides (including action plans and worksheets), newsletters, reports and videos with some free and others at up to a 20% discount And gold members will be eligible to receive up to a 20% discount for consultations.

Silver members will have access to most membership site courses with some free & others at up to a 15% discount of the price offered. Plus, silver members will have access to most membership site content including audio podcasts, blog articles, guides (including action plans and worksheets), newsletters, reports and videos with some free and others at up to a 15% discount And silver members will be eligible to receive up to a 15% discount for consultations.

Bronze members will have access to some membership site courses with some free & others at up to a 10% discount of the price offered. Plus, bronze members will have access to some membership site content including audio podcasts, blog articles, guides (including action plans and worksheets), newsletters, reports and videos with some free and others at up to a 10% discount And gold members will be eligible to receive up to a 10% discount for consultations.

Membership Rewards Program
Company also reserves the right to offer a rewards program in which you can earn points for each payment you make for the membership subscription, courses, content or consultations offered through the membership site that you could redeem for discounts against future purchases. This does NOT include custom marketing services. So, each month you pay your subscription fee or pay for a course, content or consultation (other than consultations for custom marketing services), you accumulate points. Each dollar you spend equals 1 point.

Once you reach a predetermined total for your membership level, the membership site system will automatically send you a coupon which you can use toward your next purchase of a course, content or consultation; you can use the coupon once during a 30-day period until it expires. So, for example, if the coupon is worth $100 and you purchase a course priced at $300, you would pay just $200. And if you were to buy a report priced at $50 and use the coupon, you would pay $0, but would no longer be able to use the coupon toward future purchases.

Whatever amount you pay will be deducted from the total points you accumulated. So if you accumulate 300 points and use a coupon for a net $200 purchase, your point total would become 100.

Gold members will receive a coupon worth up to $300 toward the future purchase of a course, content or consultation when they have accumulated 300 points. Silver members will receive a coupon worth up to $200 toward the future purchase of a course, content or consultation when they have accumulated 200 points. And Bronze members will receive a coupon worth up to $150 toward the future purchase of a course, content or consultation when they have accumulated 150 points.

Return Policy
Company, will, upon request of any purchaser of an eBook Product, course or webinar series as stated on the acceptance form, return all funds paid for a particular eBook, course or webinar series if the request to return is made within 30 days of the purchase. Any request for refund made greater than thirty (30) from the date of sale shall be denied. 

There are no refunds for custom marketing services or consultative services. All fees paid for these services are nonrefundable.

There are no refunds for membership subscription or other types of products or services with a recurring subscription payment. Any request for refund made for a subscription product shall be denied.

Links and Third Party Websites
Company may provide links to third-party web sites. Company may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Company does not recommend and does not endorse the content on any third-party websites. Company is not responsible for the content of linked third-party sites, sites framed within the Company Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Company does not endorse any product, service, or treatment advertised on the Company Site.

Indemnity
You agree to defend, indemnify, and hold Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Intellectual Property
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Regarding copyrights and trademarks, all content and materials available on this website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of and/or licensed for use to Company, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Company.

Warranties
You understand Company and its partners or service providers do not guarantee, imply, or predict any type of profit or response from associated services. The Client irrevocably covenants, promises and agrees to indemnify Company and/or its’ assigns and to hold Company and/or its’ assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the Company and/or its’ assigns may sustain or to which the Company and/or its’ assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. You agree to use the Service at your own risk.

WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE COMPANY, ITS SERVICE PROVIDERS AND VENDORS PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.

Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected in any specific time frame or at all.

Furthermore, you understand and agree that:

v) any content you download or otherwise obtain through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Company or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Agreement.

Limitation on Liability
THE COMPANY SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. COMPANY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE COMPANY SITE OR COMPANY .

IN NO EVENT SHALL COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE COMPANY SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE COMPANY SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE COMPANY SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE COMPANY SITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE COMPANY SITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, CONTENT, OR COMPANY. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, ANY CONTENT, MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.

COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR RESOURCES, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME RGARDLESS OF CAUSE OR FAULT, TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.

Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Binding Arbitration
You and Company agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Palm Beach County, Florida, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. The prevailing party is entitled to its attorney fees and costs in arbitration and any subsequent actions to enforce the arbitration.

Jurisdiction
This website is controlled by Traister Ventures, LLC from its offices located in Boynton Beach, FL, USA. People in all states in the United States and in most countries around the world can access this website. As each state and country has laws that may differ from those of FL, by accessing our website, you agree that the statutes and laws of FL, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

You expressly agree that exclusive jurisdiction for any dispute with Company, or in any way relating to your use of the Company Site, resides in the courts of Palm Beach County in the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Palm Beach County in the State of Florida in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. You hereby agree to personal jurisdiction by such courts in Palm Beach County, FL and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Modifications to Terms and Conditions
Company reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.

Complete Agreement
Except as expressly provided in a particular “legal notice” on the Site, these Terms and Conditions and the Privacy Policy and the Disclaimer constitute the entire agreement between you and Company with respect to the use of the Company Site, and Content.

Taxes
If any authority imposes a duty, tax, levy or fee, excluding those based on Company’s net income, upon anything you purchase, lease or license (“Product”) from Company, you agree to pay the amount specified. You are responsible for any personal property taxes for the Product from the date it was acquired.

Export Restrictions
You will not ship, transfer or export the Product to any country, nor will you use the Product in any manner prohibited by the United States Export Administration Act or any other export laws national or international, restrictions or regulations that apply to the Product. You agree to indemnify and hold Company harmless for any violation of this provision.

Guarantee
UNLESS OTHERWISE EXPRESSED, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Traister Ventures, LLC
PO Box 741504
Boynton Beach, FL 33477
561-468-6899