Last Updated on: [insert the month, date and year that you post these Terms & Conditions and if amended make sure you revise this date, e.g. March 9, 2022]

The terms “we”, “us”, “our” and “Company” refers to its owner and operator, [your legal or business name].  This Terms of Use (“Agreement”)  governs your use of and access to our website, associated website(s)  and any of our social media channels/accounts, blogs, emails or mobile applications (collectively “Site”) and your use or purchase of our services and/or products.   

The term “Content” shall include but is not limited to the Site, information contained on the Site, our materials/information, products, services, any digital content delivered or downloaded via email or other electronic means, webinars, courses, live masterclasses, one-on-one video conferences, classes, live posts and the like, whether purchased or not. 

PLEASE CAREFULLY READ THE AGREEMENT IN ITS ENTIRETY PRIOR TO VIEWING AND/OR USING THIS SITE.  IF YOU ACCESS OR USE ANY PART OF THIS SITE, YOU AGREE TO BE BOUND TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THIS SITE.

We provide this Site and our Content subject to your compliance with the mandatory terms set forth below.  Please understand that we may, in our sole discretion, revise or update the Agreement by posting an amended page on the Site.  Any changes will take effect immediately and your use of the Site following the posting of the amended “Terms of Use” page constitutes your acceptance of the same. 

Should you have any questions or concerns regarding the Agreement, please contact us at: [insert email address].

GENERAL PROVISIONS

For Educational and Informational Purposes Only.  The Content on this Site is for general educational and informational purposes only.  Any information or advice contained on this Site or in our Content is not a substitute for personalized advice to you and shall not be understood or construed as religious, medical, legal, financial, tax, health or other expert or professional advice, including without limitation a doctor, certified public accountant, tax specialist, registered/accredited financial adviser or attorney. Use your best judgment and due diligence before implementing any information suggested or recommended on this Site or Content.

Assumption of Risk.  You use this Site at your own risk. Your use of our Site and Content is solely voluntary, and you accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site or Content, including any actions you choose to make, or not make, as a result of using our Site and Content. You should consult with a professional for any and all individual questions or concerns. 

Errors & Omissions. The Site may contain typographical errors or inaccuracies, and may not be current or complete.  We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source.  We disclaim all liability for any inaccuracies, errors or omissions in the Site. 

Severability.  If any term or provisions in this Agreement is found to be unlawful in any way, void or unenforceable, then that term or provision will be deemed severable from this Agreement and will not have any effect on the validity or enforceability of the Agreement and any remaining terms and provisions. 

Prompt Enforcement.  The failure of either party to promptly enforce this Agreement or any of its terms shall not be deemed to be a waiver of enforcement or implied modification of the Agreement regardless of the number of times or the frequency with which any such term is violated.

Limitation of Liability.  IN NO EVENT SHALL THE COMPANY, ITS PROVIDERS OR OTHER THIRD-PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGE WHATSOEVER RESULTING FROM OR RELATED TO YOUR USE OF OR ACCESS TO OUR SITE OR CONTENT.  YOU AGREE TO ABSOLVE US, OUR PROVIDERS AND OTHER RELATED THIRD-PARTIES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGE ARISING OUT OF OR RELATED TO YOUR USE AND/OR ACCESS TO OUR SITE AND CONTENT.  YOUR SOLE REMEDY FOR DISSATISFACTION OR CLAIMED HARM/DAMAGES WITH THE SITE OR CONTENT IS TO STOP USING THIS SITE OR CONTENT. 

Disclaimer of Warranties.  Without limiting the foregoing “Limitation of Liability” provision, this Site and Content is provided to you “AS IS” and the Company specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND CONTENTS. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, provided to you from us or any related third-parties from our Site or Content shall create a warranty not expressly stated in this Agreement.  

We also reserve the right to modify or discontinue, either temporarily or permanently, the Site, and Content, at any time, without notice.  We may also impose limits on your use or restrict access to you to any part of the Site or Content without notice or liability.  You consent and agree that we will not be liable to you or third-parties for any such modification, termination or suspension of us, or discontinuance of the Site or Content. 

Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site; your violations of this Agreement; your improper or unauthorized use of our Site or Content; any claims or allegations that you transmit through or in connection with our Site or Content that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site or Content.  Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

In addition, should you purchase a product or service from us and fail to make payment, you will owe the total amount of outstanding payments with interest and any collection fees/costs, including but not limited to attorney’s fees and costs. [DELETE IF YOU DO NOT SELL A PRODUCT OR SERVICE ON OTHER LANDING PAGES]

Class Action Waiver.  You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company.  

YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION.  YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

Termination.  We reserve the right, in our sole discretion, to immediately terminate your use of or access to our Site or Content and revoke your limited license for any reason.  It is within our sole discretion to allow you to use or access our Site or Content. We may revoke your use or access to our Site without notice to you. 

Governing Law. Unless otherwise specified, the Site, Products, and/or Services are provided by [Insert your Business Name] and are controlled and operated by us from its [if sole proprietorship, say your pronoun, his/her/their] [name the State or Country that you live and operate your biz in, e.g. California, United Kingdom, Australia, Canada] location. Thus, any disputes arising out of or related to these Terms, including our Site, Products, and/or Services, shall be governed and construed by [name of the State you live in, e.g. California’s (make sure you use an apostrophe “s”] state or federal courts, apply [name of the State, e.g. California] law, regardless of principles or conflicts of law.  [if you are in Canada, you will state your province, and not include the state part e.g. ….replace the last portion of the second sentence like this - “...shall be governed and construed in accordance with the laws of the Province of [insert the province where you reside, e.g. Ontario], regardless of principles or conflicts of law.” / if you are in the UK replace the last portion of the second sentence like this -“...shall be governed and construed in accordance with the laws of England and Wales, regardless of principles or conflicts of law.” / if you are in Australia, replace the last portion of the second sentence like this -”..shall be governed and construed in accordance with the laws of the Commonwealth of Australia, regardless of principles or conflicts of law.” / if you are in New Zealand, replace the last portion of the second sentence like this -”..shall be governed and construed in accordance with the laws of New Zealand, regardless of principles or conflicts of law.”]

Jurisdiction/Venue. Further, any disputes arising out of or related to these Terms, including without limitation our Site, Products, and/or Services, shall be brought within the State of [name the state you live in, e.g. California], County of [San Diego], City of [San Diego].  [If you are in Canada and/or the UK, select the jurisdiction/province nearest to you and include that instead of the state, county, and city, e.g. if you are in Canada, it would say, “shall be brought within the Province of Ontario, Canada”  /  e.g. if in the U.K., is would say, “shall be brought within the exclusive jurisdiction of the English courts.”/ if in Australia, it would say, “shall be brought within the State of [insert the State you operate your biz in, e.g. New South Wales, Queensland, South Australia, Tasmania, Victoria, Western Australia] and shall be subject to the exclusive jurisdiction of the courts of that State.”/ if in New Zealand, it would say, “...shall brought within the exclusive jurisdiction of the courts of New Zealand.” ]

Entire Agreement.  The Agreement, which includes this Terms & Conditions and our Privacy Policy constitutes the entire agreement between us and you as it relates to your use and access to our Site and Content. 

Email Communications.  By providing your contact information to us, you consent to receiving electronic communications from us, including newsletters, promotions, and updates.  These emails will be sent to the provided email address.  You can opt out anytime by clicking on the “unsubscribe” link, though non-promotional emails related to your account or transactions may still be sent.  You may withdraw consent, but this might affect access to certain services and updated information. 

Views Expressed Disclaimer. [DELETE IF YOU DON’T NEED THIS]  Any views or opinions expressed on this Site or in our Content are personal and solely belong to the author and do not represent the views or opinions of other persons, institutions or organizations that the author may or may not be associated with, unless expressly stated. 

Advertising Disclaimer. [DELETE IF YOU DON’T NEED THIS]  Our Site may contain paid advertisements.  We do not endorse, associate, promote, or evaluate any of the advertised product, service, company or any of the claims made by the advertisement.  We also do not endorse or recommend any affiliates using our Site or Content. 

Testimonial Disclaimer. [DELETE IF YOU DON’T NEED THIS]  Our Site may contain testimonials by users of our Site or Content.  The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions.  [We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. (Revise if you do pay for testimonials by saying, “we pay or compensate these individuals or businesses in an effort to make it worth their time, but their views and opinions are still their own”.] Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience.  We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials.  Your individual results may vary. 

Survey Disclaimer. [DELETE IF YOU DON’T NEED THIS]  Our Site or Content may include voluntary surveys for you to participate in.  We use Surveys to conduct research and to collect data to improve our Site or Content. Your participation is voluntary.  Any personal or non-personal information will be collected in accordance with our Privacy Policy.  By taking part in a survey on our Site, you agree to the transfer of the information submitted by you to us.  The information gathered will only be used for internal research purposes and will not be publicly linked to you in any way.  We reserve the right to share the survey findings with the public, but will do so in an anonymized or aggregated form. 

Earnings Disclaimer. [DELETE IF YOU DON’T NEED THIS] Any earnings, income, or financial claims or examples shown on our Site, Products and/or Services are estimates only, hypothetical scenarios, testimonials, and do not represent guarantees or promises of your actual, individual results of what is possible now or in the future. Past performance is not indicative of future results.

We make no income or financial claims or guarantees of any kind regarding financial outcomes or potential income based on your use of our Site, Products and/or Services (or our affiliate program, if any). 

Your individual results will vary depending on a variety of factors, including without limitation your actions, lack of action, efforts, skills, market conditions, and individual circumstances. There is no guarantee that you will make any money using our offerings, and financial risks are involved.

We recommend carefully considering your own situation and conducting your own research before making any decisions.

Financial Advice Disclaimer. [DELETE IF YOU DON’T NEED THIS] We are not financial advisors (including without limitation licensed and/or registered investment/financial advisor, financial planner, certified financial analyst, economist, or certified public accountant) nor do we hold ourselves out in that capacity.  

All investments and investment strategies involve the risk of loss.  Nothing on this Site should be construed as investment advice. Any reference to an investment’s performance, past or potential, is not and should not be construed as a recommendation to purchase or as a guarantee of a similar profit or outcome.  We do not offer to sell or buy securities, investment products or services and we also do not solicit the same. To make the best financial decisions for you, you should conduct your own research, due diligence and seek the advice of a licensed/certified financial advisor if needed. 

Feedback/Reviews. [DELETE IF YOU DON’T NEED THIS] Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to our Privacy Policy.  We own such communication from you and any such communication displayed on our Site or Content, including without limitation social media posts and emails and we will not provide credit to or pay royalties to any such unsolicited user content.  We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose. 

RULES OF CONDUCT

By using our Site and/or Content, you agree to adhere to the following Rules of Conduct. If you violate these Rules of Conduct, we reserve the right to remove you and any access you may have to our Site and/or Content. Whether conduct violates our Rules of Conduct will be determined in our sole discretion.

No Illegal Activity: You may not use the Site and/or Content for any illegal activity, including without limitation any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraudulent activities in any capacity are strictly prohibited.

No Bad Conduct: Do not use our Site and/or Content to transmit, distribute, send, or otherwise expose the Site and/or Content or its viewers/users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner. You are also not allowed to modify, reverse engineer, frame, mirror, or adapt any portion of the Site and/or Content.  You may not interfere with the Site’s operations or make connection to the Site inoperable or transmit any viruses, worms, or harmful code. 

No Spamming: You may not use our Site and/or Content to engage in any activities that will result in sending spam to anyone.

Be Civil: You may only use our Site and/or Content in a civil and respectful way at all times.

No Exploitation: You may not violate the Site’s viewer’s/user’s rights to privacy or collect our viewer’s/user’s personal or non-personal information used or collected by us, without our express consent. You may not license, sell, resell, transfer or exploit your use or access to the Site and/or Content, including without limitation sharing your login credentials with others, if applicable.

No Impersonation: You may not create a false identity or user account, impersonate another person or entity, or misrepresent yourself in any way to us. 

No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.

No Use Other Than Intended: You may not use our Site and/or Content for any purposes other than intended.

No Prohibited Content: You may not use our Site and/or Content in a manner that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, harmful, abusive, harassing, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in our sole discretion.

These rules are designed to maintain a safe and respectful environment for all users. We appreciate your cooperation in upholding these standards while using our Site and/or Content.

FORCE MAJEURE  

Neither Party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or any delay in providing access to, fulfilling or performing any obligation under these Terms when such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, pandemics, epidemics, outbreaks of diseases, national emergencies and/or public health crisis, environmental crisis, climate related crisis, industrial disturbances such as labor shortages, strikes or work stoppages, server related issues such as data breaches, data losses, or cloud storage disturbances, power outages or disruptions to communication or internet services, third-party platform-related disturbances, disappearance or cessation of business by you and/or the Company, or acts of God (“Force Majeure Events”); provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, such as restoring full access to the Products and/or Services, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either Party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of Force Majeure Events when able to do so. If the Force Majeure Events continues for more than 30 days, either party may terminate this Agreement upon written notice to the other party.  Please note a Force Majeure Events does not constitute a reason for a refund and none will be provided to you if you are unable to access and/or use the Products due to the Force Majeure Events.  

INTELLECTUAL PROPERTY NOTICE

This Site and our Content are protected by the copyright laws of the United States of America (“U.S.”)  [if in another jurisdiction, change this to your country, e.g. copyright laws of Canada // the copyright laws of the United Kingdom (“U.K.”) // copyright laws of Australia // copyright laws of New Zealand].  You understand that the Company owns the Site and Content, which is our intellectual property.  

You may download and print certain Content from our Site for your own personal and non-commercial purposes, but you may not copy or use our Content for any other reason.  You agree to not use or copy, frame, mirror, in link to or make similar use of any part of our Site or Content without our express written consent.  

We may investigate any alleged violations of this Agreement and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action. 

If you believe that our Site and Content infringes a copyright of yours, please contact us at the email address below, and our designated agent under the Digital Millennium Copyright Act (17 U.S.C. §512)  [if in another jurisdiction, change this to your country’s copyright act, i.e. in Canada it would look like this: “our designated agent under the Notice and Notice Regime under Canada’s Copyright Act,” / for the U.K, it’s: “our designated agent under the Copyright, Designs and Patents Act of 1988.”  / for Australia it’s: “our designated agent under the Copyright Amendment Act 2006.” / for New Zealand, it’s: “our designated agent under the Digital Economy Act 2007.”] will address your concerns.  However, you will be held accountable for any and all damages (including without limitation attorney’s fees and costs) should you misrepresent that our Site or Content infringes on your copyright. 

[SHARING CONTENT - PICK OPTION A OR B AND THEN DELETE THE OTHER ONE- USE OPTION A IF YOU’D LIKE OTHERS TO SHARE YOUR CONTENT OR OPTION B TO DISALLOW –]

[OPTION A]

Sharing Our Content: If you wish to share our Site or Content, please make sure you provide a Site or Content credit, such as our name and either our social media handle, [insert handle], or a direct link to our Site or Content, or both. 

[OPTION B]

Sharing Our Content: You may not post, distribute or reproduce any materials or Content from our Site or other proprietary information without our written consent. Please contact us with any requests at the email address below.

Fair Use Notice. [DELETE IF YOU DON’T NEED THIS] The trademarks, copyrighted material, logos, photos taken by us, and any designs on the Site specific to the Company are owned by us. It is strictly prohibited to use any of our copyright material, trademarks, or designs without our express written consent. Other copyrighted material, works, photos, trademarks, and trade names used on the Site are the property of the copyright owner.  All rights reserved.  The appearance of which does not imply any connection to, license from, approval of, or relationship of any kind with said third-party.  

All photos, memes, gifs and the like, which were not created by us, have either been purchased, licensed, credited, linked to its original source or were obtained from the public domain. Any copyright Content from third-parties is believed to constitute fair use in accordance with Title 17, Section 107 of the U.S. Copyright Act, et seq.  If you desire to use any copyrighted material from this Site for your own purposes, which does not constitute fair use, you must obtain permission from the copyright owner. 

LICENSE TO USE

We grant you one limited, non-assignable, non-exclusive, non-transferrable, non-sublicensable, revocable license to access and use the Site and Content subject to this Agreement.  Any violation of the terms set forth in the Agreement is cause for immediate termination of this limited license and may result in legal action. 

AGE REQUIREMENTS 

Our Site and Content is not directed to persons under the age of majority.  In fact, you must be at least 18 years of age or older to gain access to our Site and Content.  This Site and Content are solely directed to persons who are the age of majority and older.  If you are under 13 years of age, please stop and do not use, view, purchase or otherwise browse this Site or Content. 

Should we discover that a person under 13 years of age has provided their personal information to us, we will delete their personal information as governed by the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  

SALE OF BUSINESS OR ASSETS

In the event that the Company or substantially all of its assets are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, reorganization, or restructuring, or in the event of an insolvency, bankruptcy or receivership, the information we have collected about you may be one of the assets sold or merged in connection with that transaction.

INCORPORATION OF PRIVACY POLICY

We use your personal and non-personal information as set forth in the Privacy Policy (MAKE THIS A LINK TO YOUR PRIVACY POLICY PAGE), which is incorporated herein as terms of this Agreement. 

AFFILIATE LINKS.  [DELETE IF YOU DON’T NEED THIS] 

Our Site may contain affiliate links to promote certain Content, Companies, third-parties, and products or services.  We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products.  You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products.  We in no way guarantee the quality of the affiliate product or service provided by any third-party and bear no liability with respect to such product, service or experience.

[IF YOU ARE AN AMAZON AFFILIATE, ALSO INCLUDE THIS IF NOT THEN DELETE] [Name] is also a participant in the Amazon Services LLC Associates Program.  As an Amazon Associate, we may earn a commission from qualifying purchases when you buy through links on our Site.]

LINKS TO OTHER WEBSITES AND/OR INFORMATION. [DELETE IF YOU DON’T INCLUDE LINKS TO OTHER SITES - THAT ARE NOT AFFILIATE LINKS] 

Our Site or Content may contain links to other websites, which are not affiliate links.  These links are only provided for the user’s convenience.  We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links.  If you use the link on our Site and access a third-party website, you are no longer covered by our Privacy Policy and Terms & Conditions. Any questions or concerns regarding a third-party website should be directed to the third-party website.  We bear no responsibility for any action or non-action you take associated with the third-party website. 

SUGGESTED PRODUCTS. [DELETE THIS AND THE HIGHLIGHTED TITLE PORTION ABOVE “AND/OR PRODUCTS” IF YOU DO NOT SUGGEST THIRD PARTY PRODUCTS] 

Our Site or Products may include suggestions or recommendations regarding products.  Please note that these suggested products are provided for informational purposes and do not constitute an endorsement, guarantees, or warranties of any kind even if an affiliate relationship exists.  You understand and acknowledge that the selection, purchase and use of any suggested products are solely your responsibility and you are encouraged to conduct your own independent research, carefully read product labels, reviews and consult with professionals before making any purchase and/or using the suggested products.  You should also be aware of your own allergies, sensitivities, or other individual factors that may affect the suitability for using the suggested products.  

NOT MEDICAL ADVICE IF YOU ARE A HEALTH & WELLNESS COACH/LIFE COACH OR RELATED HEALTH FIELD, INCLUDE THIS.]

The information contained on the Site or Content does not constitute therapy, mental health, or medical advice or care and is not intended to be substituted for professional medical advice, diagnosis or treatment.  Always seek help from your doctor or other qualified healthcare professional with any questions you have about your physical and mental health or medical condition.  Never disregard the advice of your doctor, mental health provider or other qualified healthcare professional, or delay in seeking it because of information you read on this Site or in the Content. 

[include if you provide diet/nutrition advice]  The information contained in this Site or Content has not been evaluated by the Food and Drug Administration. 

NOT A MEDICAL PROVIDER IF YOU ARE A HEALTH & WELLNESS COACH/LIFE COACH OR RELATED HEALTH FIELD, INCLUDE THIS.]

We are not a medical professional (including without limitation doctor/physician, nurse, physician’s assistant), mental health provider (including without limitation psychiatrist, psychologist, therapist, counselor or drug addiction specialist), registered dietitian or licensed nutritionist and do not hold ourselves out in that capacity.  We are not attempting to nor do we represent that we can diagnose, treat, prevent, or cure any physical, mental or emotional issues.  We are a self-help tool, trainer, educator, coach, mentor or guide who provides education and information to our clients. 

CONTACT A MEDICAL PROVIDER IF YOU ARE A HEALTH & WELLNESS COACH/LIFE COACH OR RELATED HEALTH FIELD, INCLUDE THIS.]

Always seek the advice from or consult with your doctor, mental health provider or other qualified healthcare provider before undertaking any health protocol or regimen found on this Site or Content.  Do not start or stop any medications without speaking to your medical or mental health provider.  In connection with our Site or Content, we are not creating a doctor-patient or therapist-patient relationship of any kind. 

[if mental health focused, like life coaches, also include this, if not then delete] By using our Site or Content, it does not mean that you are receiving treatment from or have a therapeutic relationship, of any kind, with us. You are solely responsible for any action or non-action that you take as a consequence of your use of or reliance on information contained in the Site or Content. 

If you think you are having a medical emergency, call your doctor or emergency services, or go to the nearest hospital emergency department immediately. 

[if you are a medical provider include this (if not, delete)  Although I am a [nurse, dietitian, therapist, doctor, etc.] I am not your [nurse, dietitian, therapist, doctor, etc.].  All information on this Site and in our Content is solely for informational and educational purposes and does not constitute medical advice or establish any kind of patient-client relationship. 

[THE FOLLOWING TERMS ARE INCLUDED IF YOU PROVIDE ANY DIGITAL DOWNLOADS (FREE OR PAID) AND IF YOU SELL A DIGITAL PRODUCT/COURSE FROM A THIRD PARTY, LIKE STAN STORE, MEANING YOU DO NOT SELL DIRECTLY FROM YOUR WEBSITE.  IF THAT IS THE CASE, THEN YOU ALSO NEED TERMS AND CONDITIONS (LIKE TERMS OF PURCHASE) FOR DIGITAL PRODUCTS/COURSES WHICH IS SOLD SEPARATELY AND ARE TERMS SPECIFIC TO PURCHASES.  THE BELOW TERMS NEED TO BE CONSISTENT WITH THOSE, AND ARE HERE SO THAT A CURIOUS OR POTENTIAL PURCHASER KNOWS WHAT TO EXPECT BEFORE THEY GO OVER TO THE OTHER SITE TO PURCHASE, e.g. REFUND POLICIES, ETC.

DIGITAL PRODUCT POLICIES [DELETE IF YOU DON’T NEED THIS - this is for free and paid digital products] 

By downloading and/or purchasing our digital products [note- you can customize to your product by swapping out “digital product” to your exact product throughout this entire section], you are hereby granted one limited, non-assignable, non-exclusive, non-transferrable, non-sublicensable, revocable license to the Product and/or Service that you downloaded and/or purchased for your own personal and/or internal business use.  

You are not permitted to share our Product, course and/or service with anyone.  

You are expressly prohibited from utilizing the information obtained from our Product(s) and/or Services to develop derivative works. In other words, you may not leverage the knowledge acquired through our offerings to create a product that would have otherwise been beyond your capacity to develop had it not been for the information obtained from our Product and/or Services.

You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our Site, Product(s), or Service provided or the information contained therein, or any content on the Site through which the Products are provided, without express written permission by us.

We may investigate any alleged violations of these Terms and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action without a refund. 

If you violate these Terms, such as giving, selling a copy of, re-selling or exploiting our Products and/or Services to others, you agree to pay for the license of the products or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our products or services, temporarily or permanently, in addition to other legal remedies available.  

Liquidated Damages Clause. In the event of your unauthorized creation of products based on knowledge acquired from our offerings that would otherwise be beyond your capacity, you agree to pay the Company liquidated damages in the amount of the then-current license fee and/or our product price per instance of such breach. 

Non-Disclosure. By accessing or using our Products and/or Services, you agree to treat any and all information provided by us or obtained through the use of the product as confidential and proprietary. You shall not disclose, share, distribute, reproduce, or use such confidential information for any purpose other than the permitted use of the digital product.

Confidential information includes, but is not limited to, any trade secrets, proprietary knowledge, algorithms, technical specifications, designs, code, documentation, information that is not generally known to the public, or any other information designated as confidential.

You acknowledge that the confidential information is valuable and constitutes our intellectual property. 

You agree to exercise reasonable care to prevent the unauthorized disclosure or use of the confidential information. This duty of confidentiality shall continue even after the termination or expiration of your use of our Products and/or Services.

[IF YOU ARE PROVIDING A PROFESSIONAL DIGITAL PRODUCT- INCLUDE YOUR DISCLAIMER HERE AS WELL:  By purchasing a digital product from [Name], you are not hiring us to provide professional services to you and must consult a [medical/mental health/legal/financial] professional in your area. We are prohibited from personally modifying and tailoring the digital product to your and/or your business’s unique needs.  Please understand that if you ask us for help in modifying or customizing your digital product, we will not be able to assist you.] 

REFUND POLICY  [DELETE IF YOU DON’T NEED THIS]

[IF YOU WANT TO PROVIDE REFUNDS, USE THIS] We provide a [number] days unconditional money back guarantee. You are more than welcome to request a refund within that time period, however, no refunds will be allowed after [number] days. Once the refund is issued, you will immediately lose access to the product or service and our limited license is revoked. To request a refund, please contact us at [insert contact info or email]. 

[IF YOU AUTO ENROLL INTO A SUBSCRIPTION SERVICE] If you enroll in one of our [term -monthly/yearly] plans, please note that any discount or introductory prices will only apply to the first term.  All plans automatically renew [monthly/yearly] at the regular price using the selected payment method you provide.  You can update the payment method or cancel your plan at any time by logging into your account or contacting us at [insert email].  For more details, please refer to our Terms of Purchase provided at checkout. 

[IF YOU DO NOT WANT TO PROVIDE REFUNDS, USE THIS] All sales of the Products and/or Service are final.  No refunds will be issued under any circumstances due to the downloadable nature of our products and direct access to our services. For more details, please refer to our Terms of Purchase provided at checkout. 

[FYI- FOR U.K. ONLY: IF YOU ARE IN THE U.K., YOU CANNOT HAVE A TRUE NO-REFUND POLICY.  CONSUMERS ARE ALLOWED TO RETURN DIGITAL PRODUCTS FOR ANY REASON (LIKE THEY CHANGED THEIR MIND) AND CAN CANCEL/REQUEST A REFUND UP TO 14 DAYS AFTER RECEIVING IT.  EXCEPTION APPLIES IF THE CONSUMER HAS STARTED DOWNLOADING OR STREAMING THE DIGITAL CONTENT OR WAS CUSTOM-MADE; THEREFORE I HIGHLY SUGGEST THAT YOU USE THE 14-DAY REFUND, WHICH IS ALSO COVERED IN THE TERMS & CONDITIONS FOR DIGITAL PRODUCTS/COURSES TEMPLATE]

[NO MATTER WHAT YOU CHOOSE ABOVE- INCLUDE THIS:]  We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of products and/or services; errors in the product/service description or price; errors in your order; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction. 

We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your order.  Should the prices change, you will have the right to cancel your order.

PURCHASE POLICY

We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of products and/or services; errors in the product/service description or price; errors in your order; multiple purchases and/or requests; we suspect you purchased with the intent to seek reimbursement; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction. 

We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your order. Should the prices change, you will have the right to cancel your order.

PAYMENT TERMS

If you pay for a digital product, and/or our other services by credit or debit card, you authorize and provide permission for the Company to charge your credit or debit card in the amount owed for payment of the digital product(s) and/or services.

You expressly agree that you will not under any circumstances threaten to or actually issue any chargebacks to us or on your selected form of payment for any reasons whatsoever as it relates to your purchase of our digital product or  services. If you do, we reserve the right to report it to the credit bureaus as a delinquent account and pursue collection. In the event that occurs, we shall be entitled to reimbursement of all attorney's fees and associated costs.

[IF YOU OFFER PAYMENT PLANS, INCLUDE THIS] Payment plans are not a subscription service, but are provided only for your convenience.  You agree that you will not cancel the scheduled payments until and unless the purchase price is paid in full. 

When you purchase a digital product(s) and/or services, your personal information (e.g. contact and card information) may be collected by a third-party vendor, who may have privacy policies or security practices that are different from ours. We are not responsible for the vendor's independent policies or practices. 

MAXIMUM DAMAGES

The sole remedy for any actions or claims by you against us and or representatives/agents shall be limited to and shall not exceed $100.00. 

FUTURE UPDATES

[INCLUDE THIS ONLY IF YOU PROVIDE UPDATES TO YOUR DIGITAL PRODUCT/COURSE/SERVICES, IF NOT, THEN DELETE] We will periodically update our Product(s) to stay current. For the lifetime of our business, you will be provided with these revisions and/or updates and/or edits at no additional charge. Any additional revisions, updates, amendments thereto are also covered by these Terms. [LEGAL NOTE: it is very important to include the “for the lifetime of our business” portion of this sentence to ensure that you are not legally obligated to continue updating for eternity.] 

FUTURE PROMOTIONS [INCLUDE THIS ONLY IF YOU PLAN ON OFFERING PROMOTIONS. PICK OPTION A OR OPTION B AND DELETE THE OTHER ONE] [OPTION A- allow a promotion to apply to past purchases made within a certain timeframe] Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you unless you contact us and the promotion is within [insert time frame, e.g. 24 hours] from your purchase date. We reserve the right to modify or cancel any promotional discounts at any time without prior notice. 

[OPTION B] Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you if offered after your date of purchase. If we do provide it, then it is within our sole discretion. We reserve the right to modify or cancel any promotional discounts at any time without prior notice.

Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you unless you contact us and the promotion is within [insert time frame, e.g. 24 hours] from your purchase date.  

LIFETIME ACCESS GUARANTEE [INCLUDE THIS IF YOU PROVIDE LIFETIME ACCESS TO YOUR PRODUCTS AND/OR SERVICES]

The Company may offer a lifetime access guarantee to its Products or certain Services.  The term “lifetime access” shall be construed to refer to the lifetime and duration of the Company, and is not the lifetime of any one individual customer. The lifetime access provided by the Company shall continue for as long as the Company is operational and actively providing the Products and/or Services. In the event that the Company ceases its operations or discontinues the Products and/or Services, the lifetime access guarantee shall be considered null and void.  This guarantee is exclusively provided to the purchaser of the Product and/or Service and cannot be transferred, sold, or assigned to any other individual or entity. The Company reserves the right to modify, amend, or terminate the lifetime access guarantee for future customers at its sole discretion. [LEGAL NOTE: If you provide “lifetime access” to your products, then make sure that you clarify that it is for lifetime access to your products for the lifetime of your business, not their lifetime. Like adding this sentence to this paragraph, “Your lifetime access to our Products and/or Services is limited to the lifetime of our business.”] 

MARKETING RELEASE

You agree that we may lawfully use and/or share your reviews, social media content, posts, comments, messages and the like, including without limitation any emails or messages sent from you to us by any means, to promote and/or market our digital product(s) and company.

If the content is public, we will use the entire content without your permission. If the content is private, however, we will only use your first name and will not need your written permission and/or consent to do so. 

© [current year- 2023] [Your business’s name]. All rights reserved. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with prior permission or credit provided.  Privacy Policy. Terms of Use.