Terms of Service
1. Parties and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Digital Residuals LLC, a Florida limited liability company doing business as Dividend Shift ("Company," "we," "us," or "our").
By (a) visiting or using any Company website including dividendshift.com and all subdomains, (b) submitting an application through any Company form or platform, (c) enrolling in or purchasing any Company program, course, coaching, or consulting service, or (d) communicating with Company representatives, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
2. Description of Services
Dividend Shift is a consulting and education company that provides advisory services, agency-delivered implementation work, and educational content related to cryptocurrency payment infrastructure and merchant services (collectively, "Services"). Services may include but are not limited to:
- Educational courses, training materials, and instructional content delivered digitally or in person
- One-on-one and group consulting and advisory sessions
- Agency services including technical implementation, account setup, and operational support performed by the Company on behalf of clients
- Access to proprietary materials, tools, templates, and community platforms
- Strategy sessions, discovery calls, and pre-screen calls
- Any website, landing page, application form, or digital asset operated by the Company
The Company is engaged as a consultant and service provider. Nothing in these Terms or in any Company communication constitutes an offer to sell a franchise, business opportunity, or investment. The Company reserves the right to modify, suspend, or discontinue any Service at any time without liability to you.
3. Eligibility
You must be at least 18 years of age to use our Services or enter into any agreement with the Company. By using our Services, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding contract, and are not prohibited from receiving our Services under applicable law.
The Company does not offer Services to residents of jurisdictions where such Services are prohibited by law. It is your responsibility to determine whether your use of the Services is lawful in your jurisdiction.
4. Application and Enrollment
Submission of an application through any Company form does not guarantee acceptance into any program. The Company reserves the sole right to accept or decline any application at its discretion. Completion of an application form, scheduling a call, or attending a strategy session does not create any contractual obligation on the part of the Company to provide Services.
Enrollment in any paid program is only confirmed upon receipt of full payment or an executed payment agreement and written confirmation from the Company.
5. Fees, Payment, and Refund Policy
5.1 Fees
Fees for Services are disclosed at the time of enrollment and may vary by program, market, and individual agreement. All fees are stated in United States Dollars (USD) unless otherwise specified.
5.2 Payment
Payment is due in full at the time of enrollment unless a payment plan has been expressly agreed to in writing by the Company. The Company accepts payment via credit card, debit card, bank transfer, and other methods as disclosed at checkout. You authorize the Company to charge your designated payment method for all amounts due.
5.3 Refund Policy
All sales are final. Due to the nature of the Services — which include immediate access to proprietary educational content, done-for-you infrastructure setup, and consulting time — the Company does not offer refunds once a program has been delivered or access has been granted, except as required by applicable law.
If you believe you are entitled to a refund under applicable law, you must submit a written request to [email protected] within 7 calendar days of your purchase date. Refund requests submitted after this period will not be considered.
Chargebacks initiated without prior written notice to the Company will be disputed. The Company reserves the right to pursue all available legal remedies for unauthorized chargebacks, including recovery of fees, costs, and damages.
6. No Guarantee of Results
Consulting advice and educational content are provided for informational and instructional purposes only. The Company does not guarantee that implementing any advice, strategy, or methodology will produce any particular outcome. Any income or revenue figures referenced in Company materials are illustrative examples only and do not constitute a promise or projection of future performance.
Nothing in these Terms or in any Company communication constitutes a guarantee, warranty, or representation of future earnings, revenue, or business performance. You acknowledge that all commercial activities you undertake are your own independent business decisions and are subject to your own risk.
7. Intellectual Property
All content, materials, tools, templates, training videos, scripts, systems, and proprietary methodologies provided by the Company are the exclusive intellectual property of Digital Residuals LLC and are protected by applicable copyright, trademark, and trade secret laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to use Company materials solely for your personal use in connection with the Services. You may not:
- Copy, reproduce, distribute, or resell any Company materials
- Share login credentials or program access with third parties
- Create derivative works based on Company materials without written permission
- Use Company materials to train, develop, or operate any competing service
Any unauthorized use of Company intellectual property will result in immediate termination of your access and may subject you to legal action.
8. Confidentiality
In the course of receiving Services, you may receive access to proprietary consulting methodologies, agency processes, pricing structures, vendor and processor relationships, client acquisition frameworks, and other non-public information ("Confidential Information"). You agree to keep all Confidential Information strictly confidential and not to disclose it to any third party without the Company's prior written consent.
This confidentiality obligation survives termination of your participation in any Company program.
9. User Conduct
You agree not to use any Company service, platform, or communication channel to:
- Violate any applicable law or regulation
- Harass, threaten, or defame the Company, its employees, or other participants
- Post or transmit false, misleading, or fraudulent information
- Interfere with the operation of any Company platform or service
- Solicit other Company clients for competing products or services
- Engage in any activity that damages the reputation of the Company
The Company reserves the right to terminate your access to any Service immediately and without refund if you violate this section.
10. Third-Party Services and Vendors
In the course of delivering consulting and agency services, the Company may engage or recommend third-party payment processors, technology platforms, software providers, and other vendors. The Company acts as an independent consultant and is not an agent, partner, or guarantor of any third party. The Company is not responsible for the acts, omissions, terms, pricing, or performance of any third-party vendor or platform.
Any agreement you enter into with a third-party vendor is solely between you and that vendor. The Company does not guarantee the continued availability, accuracy, or performance of any third-party relationship facilitated through its Services.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
The Company does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITAL RESIDUALS LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless Digital Residuals LLC and its members, managers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any false or misleading information you provide to the Company.
14. Dispute Resolution and Arbitration
14.1 Informal Resolution
Before initiating any formal dispute, you agree to contact the Company at [email protected] and attempt to resolve the dispute informally for a period of at least 30 days.
14.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Miami-Dade County, Florida, or via video conference at the Company's election. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
14.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.
14.4 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.
15. Termination
The Company reserves the right to terminate or suspend your access to any Service at any time, with or without cause, and with or without notice. Upon termination, your license to use Company materials is immediately revoked. Sections 6, 7, 8, 12, 13, 14, and 16 of these Terms survive termination.
16. Miscellaneous
16.1 Entire Agreement
These Terms, together with the Privacy Policy and any written enrollment agreement, constitute the entire agreement between you and the Company with respect to the Services and supersede all prior agreements, representations, and understandings.
16.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16.3 Waiver
The Company's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
16.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without the Company's prior written consent. The Company may assign these Terms without restriction.
16.5 Amendments
The Company reserves the right to update these Terms at any time. Updated Terms will be posted at dividendshift.com/terms-of-service with a revised effective date. Your continued use of the Services after any update constitutes acceptance of the revised Terms.
17. Contact
For legal notices or questions regarding these Terms, contact:
Digital Residuals LLC d/b/a Dividend Shift
Email: [email protected]
Website: dividendshift.com
By using any Dividend Shift service, website, or application, you acknowledge that you have read and agree to these Terms of Service.