Terms and Conditions
Last updated: Oct 15th, 2022
Please read these terms and conditions carefully before using our services.
This document is published to multiple websites hosted by or for YMD Partners, LLC, and is intended to cover any product, service or program offered by YMD Partners or any of its divisions, as outlined below. In the event of any conflict with the version of this document you are currently reading and the version published on the website for the parent company, the version published at https://yourmessagedelivered.com/terms_and_conditions shall prevail and govern the relationship between YMD Partners and you as a client of its services, a customer for its products or a student of its programs.
Interpretation and Definitions
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Client (depending on the context sometimes referred to as either a "client", a "student", a "user", a "visitor" or "you") refers to those individuals who use the websites or services we host, or who contract for the services offered by the company, or who register for or enroll in the programs we offer.
Country refers to: Georgia, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to YMD Partners LLC, 11370 Crabapple Road; Roswell GA 30075; and to its divisions, including Campaign Foundations, Campaign Foundations Consulting, Your Message Delivered, YMD Hosting and Development, YMD Marketing, YMD Production Services and such other divisions as may be created in the future to serve the marketing and service delivery needs of the company.
Device means any device that can access the services we offer such as a computer, a cellphone or a digital tablet or similar web-accessible device.
Memorandum of Understanding means a document laying out the expectations of an agreements between You and the Company related to a specific program or service we may offer.
Program shall mean a training course, coaching relationship or consultancy offered by YMD Partners and contracted for by you and is used to describe a time-limited reciprocal relationship between the contracting parties.
Service refers to the websites we build and host and the services we offer on those websites, whether those services are delivered on those websites or off-line.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the basis of the agreement between You and the Company regarding the use of the services. This Terms and Conditions agreement has been adapted from a template provided by the Terms and Conditions Generator. For a specific service we offer, these Terms are likely to also be supplemented with a Memorandum of Understanding which is specific to our provision of that service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to any of the websites hosted on behalf of YMD Partners LLC, including sites at these domains and hosts and services on these domains:
You means the individual accessing or using our services, or the company, or other legal entity on behalf of which such individual is accessing or using our services, as applicable.
Services, Products and Programs
YMD Partners, as either YMD Hosting and Development or as Campaign Foundations offers application development and website or web application hosting services.
YMD Partners, as YMD Marketing Services offers audio and video production services.
YMD Partners, as YMD Marketing offers marketing services including: branding, copy-editing, consultation on advertising strategy, the management of ad-spend and related services to help its clients market their offerings, services and products.
YMD Partners, as Campaign Foundations Consulting offers consulting and related services for political campaigns and campaigns related to issue advocacy.
YMD Partners, through its various divisions and particularly when doing business as Campaign Foundations Consulting offers training and coaching programs. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our programs, including our expectations related to the non-disclosure agreement outlined below.
You understands that neither YMD Partners, nor its owner, employees or contractors, has promised, nor shall be obligated to, the following:
- the success in your business or campaign, the results of our marketing efforts, sales for the client, or election results.
- providing assistance, as either coach or mentor, with consultations for future business contracts made by the client.
- procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.
Client understands that an ongoing business relationship does not exist between the Parties after the conclusion of the program or contract for services.
In addition, any disclaimer attached in the promotion of any specific service, product or program offered by YMD Partners shall be construed to be a part of this disclaimer as if it were included in these Terms and Conditions.
Client agrees that they remain responsible for the completion of all payment plans associated with products they purchase. YMD Partners reserves the right to seek recovery of any monies remaining unpaid; and may utilize the services of a collection agency for that purpose, including sharing personally identifiable information about clients to further the collection of such debts.
Consistent with the guarantees offered for its training and coaching programs, YMD Partners may, in its sole discretion offer refunds on registration fees for such programs; when timely requested in writing with an email addressed to email@example.com. Otherwise all payments are non-refundable and you are responsible for full payment of the fees, including those subject to a payment plan, for products, services and programs offered by us, regardless of whether of not you complete the program, use the products or services. The guarantees and refunds we offer on training and coaching programs are structured and intended to incentivize participation in the programs and the completion of the work and we will exercise our discretion to deny access without cost to the training materials we develop for paying customers where they otherwise fail to engage with the program.
These are the Terms and Conditions governing the use of our services and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of our services.
Your access to and use of our services is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use our services.
By accessing or using our services you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the services we offer.
You represent that you are over the age of 18. The Company does not permit those under 18 to use our services.
Links to Other Websites
Our Services may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the services we provide will cease immediately.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the services we offer or $100 USD if you haven't purchased any of our services.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the services we provide, third-party software and/or third-party hardware used with the services we provide, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
"AS IS" and "AS AVAILABLE" Disclaimer
The services we host are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the services we provide, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the services we provide will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the services, or the information, content, and materials or products included thereon; (ii) that the services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through our services; or (iv) that the services we provide, the servers on which they are hosted, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the services we provide. Your use of any application we host may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the services we offer, you agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Client may not assign this Agreement without express written consent of YMD Partners.
YMD Partners is committed to providing all clients in its programs with a positive experience. By registering for a program, you agree that the Company may, at its sole discretion, terminate its agreement, and limit, suspend, or terminate your participation in the program without refund or forgiveness of monthly payments if you become disruptive to YMD Partners, its programs or to other participants, if you fail to follow program guidelines, prove difficult to work with, impair the participation of the other participants in the program or upon violation of the terms as determined by YMD Partners. Even if terminated under these provisions, client will still be liable to pay the total contract amount.
Resolution of Disputes
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
These Terms and Conditions may have been translated if we have made them available to you on our services. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org
By mail: 11370 Crabapple Road; Roswell GA 30075