TERMS AND CONDITIONS
Thank you for visiting a SAMTI Management, LLC web site, including DigitalKahuna.com (or any similar redirect purposed links), and DigitalKahuna.com. You arrived at this Terms & Conditions page from one of the above sites, referred to herein as “this web site”.
The following Terms and Conditions from SAMTI Management, LLC (hereinafter “COMPANY”, “We”, and “Us”) govern your use of the above web sites and apply to your access and use of them.
By accessing or using this web site, you are acknowledging and accepting, and agree to be bound by, the Terms and Conditions described herein. These Terms and Conditions are subject to change or modification by the Company at any time and at our discretion without notice. You waive any right you may have to receive specific notice of such changes or modifications, and your continued use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions each time you use the Website. If you do not agree with the Terms and Conditions, please do not use or access the web site.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION. Please also note that SAMTI Management, LLC is an entity based in Wyoming, or California at our discretion, USA that primarily serves customers in North America.
1.) INTELLECTUAL PROPERTYYou acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.
2.) ABILITY TO ACCEPT TERMS AND CONDITIONS / LIMITATIONS ON USE You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
3.) ORDER AND RETURN POLICIES For any digital products, you will receive an email with login details to our membership site or download page. We also offer a 3-day money back guarantee on all our products, including live events. If you are not completely satisfied, you can alert us on or before within 3 days of the date that you placed your order. We will rescind access to the product or cancel your event registration and give you a full refund. For any physical products, as our Dual Panel Reflective Magnets (DPRM) product(s), we can not offer any refunds after order has been placed due to the custom nature of the Dual Panel Reflective Magnets (DPRM) product(s)
4.) PRODUCT DELIVERY / MEMBERSHIP SITE / CONDUCT
A. For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).
B. For products that you purchase from us that are delivered through a membership site, you will be given a user name and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of its content without written permission.
C. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.
D. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
E. We reserve the right to discontinue or modify without notice or liability, any portion of this web site.
F. You affirm, represent, and warrant that your participation on this web site and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
G. You understand and agree to not place an unreasonable burden on the server hosting this web site or membership site, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.
H. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
I. You agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s products or services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.
J. You hereby warrant that any information you submit to COMPANY through this web site is owned by you and that you have the necessary authority to submit such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to COMPANY.
K. You hereby warrant that any information you submit to COMPANY through this web site is owned by you and that you have the necessary authority to submit such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to COMPANY.
5.) PRIVACY Please read the Privacy Policy carefully to understand how COMPANY collects, uses and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions.
6.) THIRD PARTY REFERENCES / HYPERLINKS This web site may link you to other sites on the Internet that are not operated by the Company (“Third-Party Sites”). These Third-Party Sites may contain information or material that some people may find inappropriate or offensive. These Third-Party Sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.You agree to access and use any Third-Party Sites and the third-party content contained therein at your own risk. You acknowledge that a Third-Party Site may collect personal information about you, and any personal information you disclose or submit to a Third-Party Site will not be under control of the Company. The Company assumes no responsibility or liability for the privacy and information collection policies of third parties operating any Third-Party Site and we suggest contacting the providers of those sites directly for information on their privacy policies. This site makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to or from this site.
7.) CONTACTING US If you need to contact us, you can email us at support@DigitalKahuna.com.
8.) DISCLAIMER OF WARRANTIES A. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.B. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE SAMTI Management, LLC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAMTI Management, LLC SERVICES ARE PROVIDED BY SAMTI Management, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SAMTI Management, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAMTI Management, LLC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAMTI Management, LLC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SAMTI Management, LLC SERVICES IS AT YOUR SOLE RISK.
C. TO THE FULL EXTENT PERMISSIBLE BY LAW, SAMTI Management, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAMTI Management, LLC DOES NOT WARRANT THAT THE SAMTI Management, LLC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAMTI Management, LLC SERVICES, SAMTI Management, LLC'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SAMTI Management, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SAMTI Management, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SAMTI Management, LLC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SAMTI Management, LLC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
9.) LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content or Product delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the web site and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
10.) INDEMNIFICATION Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site, and physical or digital products or from your violation of the Terms and Conditions stated herein.
11.) SEVERABILITY AND INTEGRATION Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and COMPANY with respect to this web site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this web site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
12.) GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wyoming, or California USA at our discretion.
13.) ARBITRATION OF DISPUTES The parties agree that any dispute or claim in law or equity arising between them regarding the use of this web site or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in the state of Wyoming, or California USA at our discretion. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Wyoming, or California USA at our discretion. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. Remote, Telephone or Video conferencing attendance will be acceptable. NOTICE: BY USING THIS WEB SITE, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE.
13.) CLASS ACTION WAIVER ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
15.) ATTORNEYS’ FEES In any dispute, action, proceeding, or arbitration regarding the use of this web site or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal). Last Revised: February, 2024
TERMS AND CONDITIONS Addendum for smma.digitalkahuna.com online sales
Terms of Service
Get 50 Emergency Service Calls GUARANTEED...
*We will only refund the $1500 service fee. We cannot refund the Google or Facebook ad spend.
*GUARANTEE does not apply on ad spend below $2500 towards goal of 50 Emergency Service Calls Water Heater Replacements, Sewer Replacements, Repipes! .
*No refunds will be issued on services rendered once client is past R.O.I. on initial deposit and investment.
*No refunds will be issued on services rendered once client is past R.O.I. on intitial investment.
**The billing period begins on the first day ads are launched. (Allows 5-7 day set up period)
Digital Kahuna is committed to providing all participants in the agreement with a positive experience. Thus, Digital Kahuna may, at its sole discretion, limit, suspend, or terminate this agreement if the Client becomes disruptive and/ or demonstrates inappropriate or abusive behavior towards Digital Kahuna and/ or its representatives, fails to follow program guidelines, or impairs Digital Kahuna’s ability to perform services.
Liability
Digital Kahuna is not liable if the Client’s ad account, profile, or business page is disabled, deactivated, or banned by facebook and/ or other web-based platforms, if that platform does not approve our ads, forces us into the special ads category, or otherwise prevents us from providing service.
The Client understands that as the account holder, they are responsible for filing appeals with the platform under such circumstances as named in the paragraph above, under Digital Kahuna guidance and advice.
In no event shall either party be liable to the other party, or be deemed to have breached this agreement, for any failure or delay in performing its obligations under this agreement (except for any obligations to make payments for services already rendered), if and to the extent such failure or delay is caused by any circumstances beyond either party's reasonable control, including but not limited to acts of the Universe, God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
Ad Spend
The Client hereby agrees to invest a minimum of $2,500 in monthly ad spend. Digital Kahuna reserves the right to spend less than the entirety of the Client’s approved monthly ad budget, if we determine it to be in the Client’s best interest according to proven strategies and best practice.
Terms of Sale
You, the Client, hereby ratify your understanding that all program sales are final, non-refundable, and waive any right to file a chargeback on your authorized payment with your credit card processor.
Upon severance of the relationship between Digital Kahuna and the Client, each party shall return to the other party all documents and materials tangible and intangible containing, reflecting,incorporating, or based upon the other party’s Confidential Information, and certify their compliance with the requirements of this clause in writing to the other party. All ads, campaigns & intellectual property created by the Digital Kahuna team will be deleted from the Client’s ad account under circumstances of non-payment as per the terms of this agreement.
This agreement constitutes the complete and exclusive agreement between Digital Kahuna and you, the Client. It supersedes all prior written and/ or oral statements, conditions, obligations, representations, or warranties.
This agreement will be governed by the laws of the United States notwithstanding any principles of conflicts of law which may otherwise require the application of the law of another jurisdiction. You consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding. BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL.
Cancellation Policy
If for any reason the Client chooses not to renew services at the end of the 3 Month term of this agreement, they must submit a written email notification of their intent not to proceed to support@DigitalKahuna.com no later than 72 hours before the renewal date.
In addition, the Client agrees to complete our off-boarding form and participate in a 30-minute exit interview with a Digital Kahuna representative to assist us in improving our service.
Privacy & Confidentiality
No part of the Client’s confidential and proprietary information, ideas, business plans, and trade secrets (collectively "Confidential Information") shall be shared outside of Digital Kahuna without the Client’s express knowledge and approval.
The reproduction, distribution, and sale of Digital Kahuna’s strategies, assets, and materials by anyone but Digital Kahuna is strictly prohibited. The Client shall not infringe any of Digital Kahuna's copyright, patent, trademark, trade secrets, or other intellectual property rights.
All provided materials, assets, strategies, and Confidential Information shared by Digital Kahuna and/ or its representatives belong solely and exclusively to Digital Kahuna, and may only be used by the Client as authorized by Digital Kahuna.
Digital Kahuna reserves the right and license to use any of the Client’s digital assets or materials provided for the fulfillment of service for training, marketing, and any other purpose as they see fit.
Video and phone calls will be recorded for quality and training purposes. The Client may request access and view recorded calls at any time during the term of service. Digital Kahuna reserves the right to distribute excerpts of recorded calls and proof of campaign results in our internal marketing campaigns for testimonial purposes.
Terms of Payment
I represent and warrant that I am authorized to execute payment authorization for the purpose of implementing the agreed-upon payment plan. I understand that if any payments within the agreed-upon payment schedule above should fail to process, the payment schedule and/or payment amounts would be adjusted to accommodate the recoupment of such failure.
Acceptance of Terms
The terms of service, privacy policy, and other related documents governing the use of this website are subject to change at any time without prior notification. Users are encouraged to check these documents regularly for updates.
You, the Client named in sale receipt(s) , verify that you find terms of this Statement of Work acceptable, and are acting with proper authority by the company named.
SAMTI Management, LLC
https://smma.digitalkahuna.com
Revised: July, 2024