CONSUMER TERMS & CONDITIONS
Last updated: 12/13/2022
Please read these Sheppard Consumer Terms and Conditions (“Agreement”) carefully.
By accessing, downloading, and/or using all or any part of the Deb Sheppard LLC Services (“Services”), including completion of any forms required by Sheppard which are incorporate herein, you (“You” and, where applicable, “Your”) indicate Your acceptance of the following terms from Deb Sheppard LLC (“Sheppard”). You agree to be bound by all the terms and conditions of this Agreement. You agree that it is enforceable as if it were a written negotiated agreement signed by You. If You do not agree to the terms of this Agreement, You may not access, download and/or use the Services. If You are entering into this Agreement on behalf of a company or other legal entity, You hereby represent that You have the authority to bind such entity to this Agreement, in which case the term “You” shall be construed to refer to such entity. In consideration of the mutual covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You and Sheppard agree as follows:
Sheppard offers Psychic medium readings, personal development, group programs, online courses and life coaching which includes the right to access and use Sheppard’s applications and online platforms (“Sheppard Platform”), and the right to allow You to download and use Sheppard Platforms (“Platforms”) for specified periods (each, an “Enrollment Period”), and standard Sheppard support (collectively, the “Sheppard Services”). Sheppard will provide the Sheppard Services pursuant to orders for enrollment that You will submit through DebSheppard.com (once accepted by Sheppard, each, an “Order”). Each Order will include the applicable Enrollment Period and the associated fees for the Sheppard Services. Each Order must be accepted by Sheppard to become valid. Each Order will be deemed incorporated into this Agreement by reference and made an integral part of this Agreement. Once Program enrollment is complete, it will be active for the applicable term and is not transferable. To the extent that a conflict arises between the terms and conditions of an Order and the terms and conditions of this Agreement, the terms of this Agreement will govern.
2. Your Interactions, Restrictions, Responsibilities, and Reporting
3. Fees and Payment Terms The fees and payment terms applicable to the Sheppard Services and related support are set forth in the applicable Order.
4. Restrictions On Use
All content contained on the Website or Sheppard Platform (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, recordings, and software, is our property or the property of our licensors or licensees, and the compilation of the Content is our exclusive property, protected by United States and international trademark and copyright laws, treaties, and conventions. Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to Sheppard or our licensors or licensees. Our Marks may not be used by You, including but not limited to, in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits Sheppard or anyone else.
5. Term, Termination, and Effects of Termination
Unless earlier terminated as set forth in this Agreement, this Agreement commences upon the date You first access, download, or use the Sheppard Services (“January 12, 2022”) and continues to the end of the last effective Enrollment Period. These Terms & Conditions are effective until terminated by either You or Sheppard. You may terminate these Terms & Conditions prospectively at any time by discontinuing Your access to and use of the Website, Programs, and Services, and destroying all materials obtained from the Website, Programs, and Services, and all related materials, documentation, recordings, and all copies and installations thereof, whether made under these Terms & Conditions or otherwise. If You terminate these Terms & Conditions, You shall notify Sheppard by sending Notice. Either party may terminate this Agreement and any Order hereunder upon immediate effect for any reason whatsoever, notwithstanding Sheppard may terminate this Agreement and any Order hereunder for any or no reason at all. Upon any expiration or termination of this Agreement, (a) Sheppard will cease providing the Sheppard Services and (b) You will cease all access to the Sheppard Platform unless permitted by Sheppard. Notwithstanding any terms to the contrary in this Agreement, (i) in addition to this sentence, Sections intended by their content and context will survive any termination or expiration of this Agreement, and (ii) no refunds will be issued.
Sheppard reserves the right, in its absolute discretion, to limit Your ability to utilize Sheppard Services. If You are receiving Sheppard Services through enrollment in group programs (“Programs”), refunds will be provided upon request by You if no Programs were attended, and the refund is requested within 30 days of payment. Sheppard does not provide refunds whatsoever after 30 days of payment.
Sheppard may change the pricing for Enrollment Periods and Terms subsequent to the initial Term (each a “Renewal Term”), in its sole discretion. Sheppard may terminate these Terms & Conditions (including Your access to and use of Services, Programs, and Website) without cause and without notice to You, in its sole discretion. Upon termination, You must cease any access to or use of the Website, Programs, and Services, and destroy all materials obtained from same and all related documentation and all copies and installations thereof, whether made under these Terms & Conditions or otherwise.
Each party represents and warrants that (a) this Agreement is valid, binding and enforceable against it in accordance with its terms, and (b) it will fulfill its obligations under this Agreement in accordance with all applicable laws.
SHEPPARD IS NOT A HEALTH CARE OR MEDICAL DEVICE PROVIDER, NOR SHOULD THE SERVICES BE CONSIDERED MEDICAL ADVICE OR THERAPY SERVICES. ONLY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER CAN OFFER MEDICAL ADVICE TO YOU. EXCEPT AS SET FORTH IN THIS SECTION, SHEPPARD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COACHING DOES NOT CONSTITUTE MEDICAL ADVICE OR THERAPY. SHEPPARD WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF SHEPPARD.
8. Limitation of Liability
EXCEPT FOR YOUR BREACH OF THE RESTRICTIONS IN SECTION 2 OR YOUR OTHER MISAPPROPRIATION OF SHEPPARD’S INTELLECTUAL PROPERTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL (A) EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; AND (B) EITHER PARTY’S ENTIRE LIABILITY TO THE OTHER PARTY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO SHEPPARD DURING THE PRIOR 12 MONTHS UNDER THIS AGREEMENT.
“Confidential Information” is non-public information of a party which is provided to the other party hereunder and which is either designated as confidential or of a type which should be recognized by a commercially reasonable party as confidential. Confidential Information of Sheppard includes the Services, Programs, Platforms, and all related documentation, recordings, and materials, along with these terms and conditions. The party receiving Confidential Information may use it only for purposes connected with the facilitation of these Terms or Services and may not disclose it to any third party unless such third party is supporting the provision of the Services or otherwise performing obligations hereunder and is bound in writing by confidentiality restrictions substantially similar to those required hereunder. The obligations to maintain the Confidential Information as confidential shall remain in place for so long as the applicable information is maintained as confidential by the owning party. The limitations on disclosure or use of Confidential information shall not apply to information which (i) is rightfully obtained by the recipient without breach of any confidentiality obligation; (ii) is or becomes known to the public through no act or omission of the recipient; (iii) the recipient develops independently without using Confidential Information of the other party; or (iv) is disclosed in response to a valid court or governmental order, if the recipient has given the other party prior written notice (unless prohibited by law or governmental authority) and provides reasonable assistance.
You and Sheppard agree that any dispute, claim, or controversy between You and Sheppard arising in connection with or relating in any way to this Agreement or to Your relationship with Sheppard as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be submitted to confidential binding arbitration in Araphaoe County, Colorado, United States of America, except that, to the extent You have in any manner violated or threatened to violate our intellectual property rights. With regards to intellectual property rights, You acknowledge they are valuable proprietary information for which loss will cause irreparable harm which cannot be made whole by monetary damages, and agree that Sheppard shall be entitled to injunctive or other appropriate relief without the necessity of posting a bond or showing of damages in any state or federal court in Arapahoe County, Colorado, United States of America, and You consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms & Conditions shall be joined to an arbitration involving any other party subject to these Terms & Conditions. This arbitration provision will survive termination of the Agreement.
This Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of Colorado, without regards to principles of conflicts of law, as if this Agreement were a contract whole entered into and wholly performed within the State of Colorado. To the extent that any issues under this Agreement arise, the state or federal courts in Arapaphoe County, Colorado and arbitration site, will be the jurisdiction in which any disputes shall be addressed. These Terms & Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
1 1 . Amendment
Sheppard reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms & Conditions at any time without notice, and it is Your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any change to these Terms & Conditions will constitute Your assent to and acceptance of the revised Terms & Conditions.
12. Governing Law
You hereby agree to indemnify, defend, and hold Sheppard, and our licensors, licensees, successors, distributors, agents, representatives, and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by You of these Terms & Conditions. You shall use Your best efforts to cooperate with Sheppard in the defense of any claim. Sheppard reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by You.
Sheppard owns all right, title, and interest in and to the Sheppard Services, Programs, and Platforms, as well as any and all data, feedback, patent rights, copyrights, trademark rights, trade secret rights and other intellectual property rights embodied in or related to the foregoing (“Sheppard Property”). Other than for the purpose of Order fulfillment, You may not use any of the aforementioned Sheppard Property for any reason or purpose without written permission from Sheppard.
16. Third-Party Tools
You acknowledge and agree that the Sheppard Services utilize certain third-party video- conferencing, communications tools, and other services in connection with Sheppard Services, e.g., Skype or FaceTime (“Third-Party Tools”). While Your data provided to Sheppard through Third-Party Tools remains subject to these terms, use of Third-Party Tools themselves is subject to the terms and conditions of the Third-Party Tool providers. Sheppard is not responsible for the operation of or any changes to the Third-Party Tools or the acts or omissions of Third-Party Tool providers. Assignment Sheppard may transfer its rights and obligations under this Agreement to any company, firm or person at any time if it does not materially affect Your rights under it. You may not transfer Your rights or obligations under these Terms to anyone else. This Agreement is personal to You and no third party is entitled to benefit under this Agreement except as provided here.
Unless otherwise specifically indicated, all notices given by You to Sheppard must be given to Deb@DebSheppard.com with a hard copy mailed to 16748 E Smoky Hill, Aurora CO 80015 as set forth in this section. Sheppard may give notice to You at the e-mail address You provide to Sheppard when You register or in any other way. Notices will be deemed given as of the day they are sent by email, messenger, delivery service, or U.S. mail (postage prepaid, certified or registered, return receipt requested), and addressed as set forth below, or to such other address as the party to receive the notice so designates by notice.
18. Waiver and Severability
A party’s delay or failure to exercise a right or remedy will not result in a waiver of that right or remedy. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable under the governing law, the remaining provisions will remain in full force and effect, and will be construed so as to most nearly reflect the parties’ intent with respect to such provision.
19. Changes to Terms & Conditions
Sheppard may revise these Terms & Conditions from time to time and at our sole discretion. When such changes are effective, Sheppard will publish an updated version on our website. The changes will become effective and will be deemed accepted by You, (a) immediately for those who register for the Services after the updated version is published on Sheppard’s website, or (b) for those having pre-existing accounts, the updated Terms will be deemed effective with Your continued use of the Services. You have rights to dispute an updated term which materially alters Your rights or obligations (with exception to changes required by law) within ten (10) business days from the date of the new Terms being published, upon written notification to: Deb@DebSheppard.com. Please note: Your rights and access to the Services may be temporarily disrupted until such dispute is resolved between You and Sheppard. If Sheppard are unable to resolve the dispute within thirty (30) days of Your written notification of dispute, the Services will be terminated. Our failure to enforce any provision of these Terms & Conditions or respond to a breach by You or others shall not constitute a waiver of our right to enforce any other provision of these Terms & Conditions as to that breach or any other.
If any provision of these Terms & Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
21. Entire Agreement
These Terms & Conditions constitute the entire agreement between You and Sheppard regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter. This Agreement, including all Orders, constitutes the entire agreement between the parties and supersedes all previous or contemporaneous agreements between the parties, relating to its subject matter, and any change to its terms must be in writing and agreed by each of the parties.