[Last updated: November 2023]
Introduction
Welcome to Member Sherpa, a wholly owned subsidiary of Net Net Hunter LLC (“Member Sherpa,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website located at https://www.membersherpa.com (the “Website”) and the services offered through the Website (collectively, the “Services”). Please read these Terms carefully before using the Website or accessing our Services.
By using our Website and Services, you agree to be bound by these Terms, so if you do not agree to these Terms, please do not use our Website or Services. If you are under the age of 18, please seek the consent of a parent or guardian before using our Services.
Definitions
In these Terms:
- “Consumer” refers to any natural person who accesses Our Website or purchases products or Services from us.
- “Content” means any material in any form published on Our Website, any social media account operated by or linked to us, or any third-party platform, by us or any third party with our consent.
- “Confidential Information” refers to trade secrets, computer hardware, applications, and software programs, audio or visual recordings in any format, training material in any format, specifications, templates, general design or layouts, financial or accounting information, client or supplier data and details, market research, research and development materials, together with any information or material that Member Sherpa or our associated entities may indicate is confidential, or which may be apparent is confidential, and our internal business processes and procedures unless specified otherwise.
- “Our Website” refers to the entire computing hardware and software installation that is or supports Our Website.
- “Material” means Content of any sort posted by you on Our Website.
- “Services” means any of the services we offer for sale on our Website and include generally available updates and support services as specified for each service.
- “Terms and Conditions” means these terms and conditions, including our Privacy Notice, Earnings Notice, Disclaimer, and any other terms and conditions posted on Our Website or provided to you before the delivery of any Services.
Our Contract with You
By using Our Website or purchasing our Services, you agree to these Terms.
We acknowledge acceptance of your order by email confirmation, and that is when our contract is formed. The email will also confirm the details of your purchase receipt.
We cannot guarantee that every Service advertised on our Website is available. If a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid, covering the period of unavailability.
We may change these terms from time to time. The terms that apply to you are those posted on Our Website on the day you order Services.
If you buy Services from us under any arrangement that does not involve payment via Our Website, these terms still apply to the extent they can be applied.
If we owe you money for any reason, we will credit your credit or debit card as soon as reasonably practicable, but no later than 7 days from the date of your order.
Your Account with Us
You agree to provide accurate, up-to-date, and complete information about yourself for your account. We need this information to provide you with our Services. For information on how we manage your personal information, please see our Privacy Policy.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for preventing any unauthorized person from using your computer.
You agree to accept responsibility for all activities that occur under your account or password. If you believe someone has accessed your account without your authorization, please notify us immediately and change your password.
Your Email Address
You represent that any username or email address you select does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
You acknowledge and agree that if we believe your selection interferes with the rights of any third party or is being used unlawfully, we may immediately suspend the use of that name or email address, and you will indemnify us for any claim or demand arising from your selection.
We shall not be liable to you if a court or judicial authority orders us to desist from using or permitting the use of a particular domain name as part of a name or email address.
Your Material
If you post any Material on Our Website, you warrant that you own the copyright and all other necessary rights in it, and you accept all risk and responsibility for it. You grant us the right to use, edit, copy, publish, distribute, translate, and otherwise use it in any medium and for any purpose. You further warrant that any fact stated in your Material is accurate.
By posting Material on Our Website, you grant us a non-exclusive, irrevocable, royalty-free right to use that Material in any way worldwide, in any medium, without identifying you as the author, even if that use may affect your honor or reputation.
You agree to perform all further acts necessary to perfect the above rights granted by you to us, including the execution of deeds and documents at our request.
Price, Payment, and Service Provision
All prices listed on Our Website are in USD.
You agree to pay the monthly charge for the Services using the credit card you have provided to us. You authorize us to withdraw funds from that account each month without further reference to you. You undertake to keep your payment details up-to-date and notify us of any changes promptly.
Payments are billed in advance on the same day as your initial order each month. For annual subscriptions, payment will be billed on the date of your order and on the annual anniversary of your purchase date. You will receive notice 30 days prior to your date of annual renewal.
Our Services may be provided by email, made available for download, or in the manner explained on our Website.
If we are unable to provide your Services within [10] days of the date of your order, we will notify you by email of the likely provision date.
Once Service provision has started, you may cancel the Services at any time by providing us with 21 clear days’ notice. Payment will be due until the expiry of the notice period.
We may change the nature or provision of the Services at any time. We may inform you of any such change by email or by posting details on Our Website.
If we change the nature or provision of the Services, you may terminate this contract.
If a change in the provision of the Services involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
You may not share or allow others to use the Services in your name.
We will make reasonable efforts to maintain Our Website for constant use, but there will be times when your use may be interrupted. Interruption to the Services for maintenance or causes beyond our control is not grounds for a refund.
Refund Policy
We do not offer refunds for changes of mind about using our Services. Most products and Services are digitally delivered instantly, providing you with the full benefit of our Services immediately. Refunds will only be provided in compliance with applicable laws.
We reserve the right to refuse service jobs, in which case we will promptly refund your payment within one working day.
Please refer to our Refund Policy for a more comprehensive and detailed explanation of the refund process.
Cancellation of Order
Most products and Services are digitally delivered instantly, and therefore, we do not offer refunds for changes of mind.
Recurring transactions can be canceled at any time by submitting a request to support@membersherpa.com.
Service jobs can be canceled before we commence work. If you wish to cancel a service job after we have commenced work, you will be charged a reasonable fee for the work completed up to the notice of cancellation, plus an administration fee of $100.
This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you.
Dissatisfaction with the Services
If you are not completely satisfied with your purchase, please contact us immediately and provide the following details:
- Why you think we have failed.
- The date, if relevant, of the failure.
- When and how you discovered the failure.
- The result of the failure.
- Your suggestions for action we should take to resolve the situation and restore your faith in us.
To do this, please contact us at support@membersherpa.com.
Applicable Law, Foreign Taxes, Duties, and Import Restrictions
This Agreement is governed by and construed in accordance with the laws of the United States of America, and you consent to the exclusive jurisdiction and venue of courts in the State of Wyoming, USA, in any dispute arising out of or relating to the use of Our Website or Services.
This agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
If you are not in the United States of America, we have no knowledge of, and no responsibility for, the laws in your country. If you are a resident in a jurisdiction where the use of Our Website is unauthorized, it is your responsibility to cease using this website.
If any of these terms is at any time held by any jurisdiction to be void, invalid, or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void. Subject to that, each provision shall be interpreted as severable and shall not affect any other of these terms.
You are responsible for purchasing Services that you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.
Disclaimers
We may make improvements or changes to Our Website, the Content, or to any of the Services at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring any that you find to our immediate attention.
We give no warranty and make no representation, express or implied, as to:
- The adequacy or appropriateness of the Services for your purpose.
- The truth of any Content on Our Website published by someone other than us.
- Any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used.
- Compatibility of Our Website with your equipment, software, or telecommunications connection.
Our Website contains links to other Internet websites outside our control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website nor for any loss or damage arising from your use of any such website.
In any event, including the event that any term, condition, or obligation on our part is implied into these conditions by law, our liability is limited to the maximum extent permitted by law, to the value of the products or Services you have purchased, even if those products or Services were provided to you without cost.
Where we provide products or Services without a specific charge to you, then it (or they) is deemed to be provided free of charge and not associated with any other product or Service for which a charge is made.
Any liability to us for consequential loss suffered by you as a result of the use of Our Website or Services is limited to your reasonably foreseeable losses in accordance with applicable laws.
Indemnity
You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of Our Website, your posting of any Material, or the infringement by you or any other person using your computer of any intellectual property or other right of any person.
System Security
You agree not to violate or attempt to violate any aspect of the security of Our Website.
You may not use any software tool for the purpose of extracting data from our website.
You understand that any violation of these obligations is unlawful in many jurisdictions and may result in criminal prosecution.
Acceptable Use Policy
As a condition of your use of Our Website, you agree to comply with the following provisions:
You will not use or allow anyone else to use Our Website to post, communicate, or otherwise publish:
- Copyright works.
- Commercial audio, video, or music files.
- Any Material that violates the law of any established jurisdiction.
- Unlicensed software.
- Software that assists in or promotes emulators, phishing, hacking, password cracking, and IP spoofing.
- Links to any of the materials specified in this paragraph.
- Pornographic Material.
- Any Material promoting discrimination or animosity to any person on grounds of gender, race, religion, or color.
You will not use the Services for spamming, which includes, but is not limited to:
- The bulk sending of unsolicited messages or emails.
- Junk mail.
- The use of distribution lists that include people who have not given specific permission to be included.
- Excessive and repeated posting of off-topic messages to newsgroups.
- Excessive and repeated cross-posting.
- Email harassment of another Internet user, including transmitting any threatening, libelous, or obscene Material, or Material of any nature that could be deemed offensive.
- Emailing age-inappropriate communications or content to anyone under the age of 18.
- Sending Material that promotes or supports an illegal activity.
Confidential Information and Intellectual Property Rights
You agree to keep safe the Confidential Information and not to disclose or make it available to any person. The obligation to maintain confidentiality continues after you have stopped using Our Website or Services.
Upon stopping using Our Website or Services or upon earlier demand, you agree to return to us any of our Confidential Information in your possession or control, including destroying all electronic files, applications, and software stored on your equipment.
Any disclosure of Confidential Information may result in immediate termination of your access to Our Website or Services and prosecution for damages resulting from that breach.
We will defend the intellectual property rights in connection with Our Website and Services, including copyright in the Content and Material, whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and usage rights shall remain our sole property and/or the sole property of the other Content provider. We will strongly protect those rights in all countries.
Except as set out below, you may not communicate, copy, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name, logos, trademarks, or any other Content on any website or other medium without our express written permission.
You may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Miscellaneous Provisions
We communicate with you by email, and you agree that email communications create electronic transactions that are contractually binding in accordance with applicable law.
Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
No waiver by us, in exercising any right, power, or provision in this agreement, shall operate as a waiver of any other right or of that same right at a future time. Nor shall any delay in the exercise of any power or right be interpreted as a waiver.
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control, including strikes of our own employees.
These Terms of Service constitute the entire agreement between you and Member Sherpa, governing your use of the website and the services provided by Member Sherpa. By using the website or availing the services, you agree to be bound by these Terms of Service.
If you have any questions or concerns regarding these Terms of Service, please contact us at support@membersherpa.com.
Thank you for choosing Member Sherpa. We look forward to serving you.
[End of Terms of Service]
