Effective Date: April 15, 2021
Everything in life eventually changes, and sometimes, so will these Terms. So, check back each time you visit!
We offer loads of cool stuff here. Templates, instructions, videos, freebies like checklists and educational videos or writings. But that’s a long list to type over and over, so from here on, it’s all just “Products.”
- YOUR CONDUCT & WARRANTIES
By using this site and/or by placing an order for Products/Programs, You represent that You are at least 18 years of age and are legally able to enter into a valid contract. You represent and warrant that You will not use the Website to:
- Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
- Misrepresent any fact (including without limitation your identity);
- Post or otherwise submit to us any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial-of-service attack or similar conduct;
- Exceed your authorized access to any portion of the Website;
- Collect or store personal data about anyone;
- Modify without permission any part of the Website;
- Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
- Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
- Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
- Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or,
- Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website or bypass any measures We may use to prevent or restrict access to the Website.
1.Here’s the list of what you can and can’t do on our site. In short, be respectful, don’t steal our Intellectual Property and don’t hack us. Since we are all friends here, we know this won’t be a problem.
2. TERMINATION OF SERVICE
2.We love having you here, but if you break rule number 1, we can and will kick you off. There may be other reasons for denying you access, too, but we hope it never has to happen.
3. ACCESSING THE WEBSITE
You may access portions of the Website without registering. However, in order to access some portions and features of the Website, and to make purchases, You will be required to register an account with and sign into the Website, through MemberVault or other third party apps we may employ. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Website, and You are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at email@example.com. If You use our Website over mobile devices, You hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.
3. Some parts of the website are free and available to anyone and everyone – so enjoy. The rest is not, and you will have to create a user account to access it.
- PURCHASES & ONLINE COMMERCE
We currently only use Stripe for payment processing when purchasing our Products. All information obtained during your purchase or transaction for our Products and all of the information that You give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected and retained by Stripe. We have no responsibility or liability for these independent policies of Square. We do not collect any of your information for payment processing. For information about our payment processing company’s privacy policies, click here.
You release us, our affiliates, and our payment processing company from any damages that You incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
We try to be as accurate as possible. However, We do not warrant that descriptions of any Products are accurate, complete, reliable, current, or error-free.
Terms & Conditions.
By making a purchase through the website you are agreeing to our Terms & Conditions, which can be found here.
4. We use Square to process payments, but may decide to use another service at any other time. The info about who we use will always be right here.
- INTELLECTUAL PROPERTY RIGHTS
Any trademarks, taglines, and logos displayed on this website are trademarks belonging to us, or are licensed to us for our use, unless otherwise indicated. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein. All rights not expressly granted in these terms or any express written license, are reserved by us.
6. The cool logo and all the content we worked really hard on are our Intellectual Property (IP). That means they are ours alone to use. If we feature anyone else’s logos or IP, we got their permission first.
- DISCLAIMERS, LIMITATION OF LIABILITY & RELEASE OF CLAIMS
By using our Website and by purchasing and/or using our Products You implicitly agree to the following Disclaimers:
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WE MAKE NO WARRANTIES AS TO OUR PRODUCTS. YOU AGREE THAT PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR PRODUCTS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
7. The inevitable, dreaded “legalese.” We’ve worked hard to create this site and our products, and it is important to us that we protect it all. So this section states we aren’t making any warranties or promises about the website, or our products..
Our Products and materials are not to be perceived or relied upon in any way as legal advice. The information provided with our Products is not intended to be a substitute for professional advice that can be provided by your own lawyer. We are not giving legal advice in any way. You are hereby advised to consult with your own lawyer for any and all questions and concerns You pertaining to your specific legal situation. You agree that We are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that You may have as a result of information presented to You through our Products and Materials. The use of this Website and/or the Products does not create an attorney-client relationship.
To be clear – we aren’t providing legal advice. So, you cannot and should not rely on anything here as legal advice. We may be attorneys – but we are not your attorneys.
We try to ensure that the availability and delivery of our Products is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, and e-mail communications, or any other materials provided by us to you. However, We cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, We will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, We will be not be liable to You for damages or refunds, or for any other recourse, should our Products become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Products inaccessible to you.
We do our best to make sure the website is running like a well-oiled machine, but we all know technology can be a funny fickle thing, so bear with us if there’s a technical hiccup.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third parties that may take You outside of our website. These links are provided for your convenience and the inclusion of any link to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse, and We are not responsible for, the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included on our website. We have no control over the contents or functionality of those websites and so We accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore We do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that You understand and agree with those policies.
If we provide links to other websites, we are not responsible for what you find there and you follow those links at your own risk, because we have no control over what is on the other side.
Limitation of Liability.
To the fullest extent allowed by law, We will not be held responsible or liable to You in any way for any loss or damage of any sort incurred as a result of the following: DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU; MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER; IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU; THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.
We don’t expect anything to go wrong, but if it does, we aren’t responsible for any losses, financial or otherwise, that you might suffer.
Release of Claims.
In no event will We be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our website, or on those affiliated with us in any way, and You hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, misapplication of information, or any other loss, condition or issue, or otherwise, even if We are expressly advised of the possibility of such damages or difficulties. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
If You have a dispute with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, You release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
No one likes to go to court, so you are agreeing not to file a suit if you have a complaint or loss. You especially won’t file a claim against us based on an issue you may have with a party on the other side of those links we may provide to other sites – because that just doesn’t make sense!
New Jersey Residents.
If you live in New Jersey, please carefully read these Terms and understand that by using or placing an order through the Website, or creating an account, in addition to the other terms and conditions herein, you agree:
Any dispute between you and the Company will be governed by the laws of the Commonwealth of Massachusetts;
Under the laws of the State of New Jersey, limitations on implied warranties or the exclusive limitation of certain damages as set forth in this “Disclaimers, Limitation of Liability & Release of Claims” section may not apply to you; and,
As set forth in the “Indemnification” section below, you are responsible for any harm you cause Us, whether it is because of your (i) violation of any applicable law that protects Us or our legal rights or those of any third party that your actions have damaged; (ii) material uncured breaches of these Terms; (iii) infringement by you of any intellectual property rights that belong to Us or any third party; (iv) any and all activities that occur under your account, username, and password.
New Jersey Residents – this is just for you. NJ law may not allow the limitations in this section to apply to you if your purchase and/or use of this website is for Personal Use.
You will indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between You and us described in these Terms and Conditions, including any breach of the representations and warranties contained herein. You hereby agree that We have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
In the event of a dispute between us, You agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products. Where requested by law or arbitration, of course, You are not prohibited from sharing your thoughts and opinions as a part of the legal process.
8. Not that we think you will, but if you do something with or on our website that lands us in hot water with someone else – you agree to make us whole by repaying us for whatever costs we incur as a result.
Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the Commonwealth of Massachusetts without regard to the principles of conflicts of laws, will govern this Agreement, your use of the Website, and all matters relating to your access to, and/or use of, the Website, including all disputes between You and us. You also agree that the Website will be deemed solely based in the Commonwealth of Massachusetts.
9. As far as the use of our website goes, this is the whole agreement between us. Since we are located in Massachusetts, those laws apply and if somehow despite all the language above we end up in court – it will have to be in Massachusetts.