Digital Products Terms of Purchase

These Digital Products Terms of Purchase (“Agreement” or “Terms”) are entered into by and between Wellness Writer LLC (“Company,” “we,” or “us”) and the purchaser (“Customer,” “you,” or “your”) and govern your purchase and use of any digital products (“Product” or “Products”) offered by the Company, whether purchased directly through the Company’s website or any authorized sales platform. 

The Product
This Agreement applies to any of the following Products purchased by the Customer, including all related downloadable, view-only, or streaming content:

• Any Paid Workshop, Challenge, Intensive, or other digital product sold by Wellness Writer LLC that is not covered by terms of purchase specific to that offer
• Canva Design Library
• Nurture Unleashed® Caption Bank
• The Minimalist Instagram Challenge
• BrandVibe AI™ Starter Pack (also called the Custom GPT Starter Pack for Wellness Practitioners)
• AI PromptKit
• List Love
• Black Friday CopyPack®
• Welcome Email Sequence CopyPack®
• Email Sales Blitz CopyPack®
• Wellness Website CopyPack®
• Webinar Funnel CopyPack®
• Freebie Funnel Copypack®
• Sales Page CopyPack®
• The CopyPack Vault®
• ChatGPT Bonus Tutorial
• Metabolic Reset Blueprint
• Message You!
• Yes Please!
• Lead Magnet Bundle

The Company agrees to provide you with access to the specific Product(s) described on the checkout page or accompanying sales materials at the time of purchase. Depending on the Product, this may include downloadable templates, worksheets, scripts, spreadsheets, digital resources, video tutorials, or AI-related tools (collectively, the “Product”).

Effective Date
This Agreement becomes effective and binding upon you on the date you (a) click “Complete My Purchase,” “Buy Now,” or a similar button at checkout, or (b) submit payment through any authorized payment method, whichever occurs first (the “Effective Date”). From that date, you are granted access to the Product subject to your compliance with these Terms and full payment of all amounts due.

Terms of Use, Privacy Policy, & Disclaimer
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your use of digital products. In the event of a conflict between this Agreement and any of the Policies, this Agreement controls as to the Product.

Fees & Payment
In consideration of your access to the Product, you agree to pay the total fee stated on the checkout page (“Fee”), which shall be due and payable in full prior to being granted access to the Product. All prices are quoted in U.S. dollars (USD), unless otherwise stated.

By submitting payment, you represent and warrant that:

1. You are authorized to use the designated payment method;
2. The payment information provided (including billing address, card details, and other identifying data) is current, complete, and accurate; and
3. You will promptly update your payment information if any changes occur.

You understand and agree that your purchase is for a single-user license and that you may not resell, assign, transfer, or share your access to the Product with any other person or entity without the Company’s prior written consent.

Discounts & Promotions
From time to time, the Company may, in its sole discretion, offer coupons, promotional codes, or limited-time pricing (“Promotions”). Promotions are subject to the specific terms stated at the time of offer and are void where prohibited.

Promotions apply only to qualifying purchases made during the promotional period and cannot be applied retroactively. Promotions may not be combined with other offers, redeemed for cash, or transferred to future purchases unless expressly stated. The Company reserves the right to modify, suspend, or terminate any Promotion at any time without notice.

If you purchase during a Promotion, you agree to pay the discounted amount displayed at checkout, and all other terms of this Agreement remain in full effect.

No Refunds
Due to the digital and downloadable nature of the Product, all sales are final. The Company does not offer refunds, credits, or exchanges under any circumstances.

You acknowledge and agree that by completing your purchase and accessing the Product, you waive any right to rescind, revoke, or request a refund under applicable cooling-off or right-of-withdrawal laws, to the fullest extent permitted by law.

Once access to the Product is granted, no cancellations or reversals will be honored.

Chargebacks

If you initiate a chargeback, you remain legally responsible for the full purchase price, and the Company reserves the right to:

1. Present proof of your purchase, delivery, and acceptance of these Terms to your financial institution;
2. Immediately revoke all licenses, access rights, and usage permissions granted under this Agreement;
3. Recover any costs, fees, or expenses (including reasonable attorneys’ fees and administrative charges) incurred in connection with investigating or responding to the chargeback; and
4. Report suspected fraudulent activity to payment processors, law enforcement, or credit agencies as appropriate.

All chargeback reversals determined in the Company’s favor shall reinstate your payment obligation, plus any associated processing or recovery fees.

Product Access
The Company shall provide you with login credentials or download links to access the Product, which may include an online course, downloadable templates, scripts, spreadsheets, or recorded trainings, as described on the checkout page at the time of purchase (collectively, the “Product”).

Access to the Product shall begin immediately upon completion of your purchase and remain available for a minimum of twelve (12) months from the date of purchase, or until the Product is retired or discontinued by the Company, whichever period is longer.

The Company reserves the right, at its sole discretion, to modify, enhance, or discontinue any aspect of the Product, including its delivery platform, features, or materials, at any time. In the event the Product is retired or replaced, reasonable notice will be provided, and such action shall not constitute a breach of these Terms or entitle you to a refund or credit.

Bonuses

From time to time, the Company may, in its sole discretion, offer bonuses or promotional materials in connection with the Product. You are entitled only to those bonuses expressly offered at the time of your purchase. Bonuses may be subject to separate access periods, delivery methods, or expiration terms and may be modified or withdrawn at any time without notice. The modification or discontinuation of any bonus does not constitute a breach of these Terms and does not entitle you to a refund, credit, or replacement.

Authorized Use of Templates by Customer
The Product may include templates, worksheets, prompts, or other customizable digital resources (“Templates”). The Company grants you a limited, single-user, non-exclusive, non-transferable, revocable license to download, modify, and use the Templates for your personal or internal business use only. All rights not expressly granted are reserved by the Company.

Permitted Use

• You may use the Templates for your own personal or internal business purposes.
• You may modify and adapt the Templates to suit your specific needs.
• You may store and access the Templates on your own devices for your authorized use.

Not Permitted

You may not, under any circumstances:

• Use the Templates for or on behalf of any other individual, client, or business entity. (For example, if you are a marketing manager, agency, or virtual assistant serving multiple clients, each client must purchase their own license.)
• Share, distribute, or publicly post the original Template files or links in any format (including via shared drives, email, or social media).
• Resell, sublicense, or commercially exploit the Templates in whole or in part.
• Represent or claim the Templates or any derivative version thereof as your own intellectual property.
• Use the Templates in any unlawful, defamatory, infringing, or unethical manner.
• Reverse-engineer, extract, or recreate the underlying structure, format, or code of the Templates for competitive purposes.

You acknowledge and agree that all Templates and related materials remain the intellectual property of the Company. Your right to use them is contingent upon full payment and ongoing compliance with these Terms.

Any unauthorized use, sharing, or redistribution of the Templates constitutes a material breach of this Agreement and may result in immediate termination of access, revocation of your license, and legal action for damages or injunctive relief.

Ownership Of All Intellectual Property
With the exception of Third-Party Content defined below, all content included as part of the Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Product, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Product are the trademarks of their respective owners.

Your purchase of the Product does not result in a transfer of any intellectual property to You, and, as a condition of purchasing the Product, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Product content and resources, including written and design templates. These templates must be customized to your needs, while the original content remains the property of the Company.

You hereby agree that You will not reproduce, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Product, except for modifications in filling out the templates for your authorized use as detailed in this Agreement.

These materials are not to be resold, redistributed, or claimed as the Customer’s original work.

The Company content is not for resale. Your purchase of the Product does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Product will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Third-Party Content & Tools
“Third-Party Content” means all content not created or owned by the Company or by the Customer, which may be included, referenced, or embedded within the Product. This includes, without limitation, images, stock photos, graphics, artwork, icons, fonts, patterns, logos, trademarks, written excerpts, audio, or other media sourced from or licensed through third-party platforms such as Canva, Unsplash, Pexels, OpenAI, or similar tools (collectively, “Third-Party Tools”).

The Customer acknowledges and agrees that:

1. License Responsibility. Any Third-Party Content provided or referenced in the Product is subject to the license terms and restrictions of the originating platform or creator. The Company provides such materials in good faith under its own lawful use rights but does not grant the Customer any separate license beyond what those third parties allow.
2. Proper Use Required. The Customer must use Third-Party Content strictly in accordance with the third party’s terms and obtain any additional license (such as a Canva Pro account) if required for their intended use.
3. Independent Liability. The Customer is solely responsible for verifying that their end use of any Third-Party Content—including downloads, edits, reproductions, or commercial publication—complies with all copyright, trademark, publicity, and attribution requirements.
4. Indemnification. The Customer agrees to indemnify, defend, and hold harmless the Company, its owners, employees, contractors, and affiliates from any and all claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to their use or misuse of any Third-Party Content or Tools, including any alleged copyright, trademark, or other intellectual property infringement.

The Company expressly disclaims all responsibility and liability for the Customer’s use of Third-Party Content, including any unauthorized use, misattribution, or subsequent removal or modification of third-party assets by the original provider.

Content & Marketing Compliance
The Company makes good-faith efforts to ensure that its templates, examples, and product materials align with general legal and industry standards. However, the Company makes no representation or warranty that such materials comply with specific federal, state, international, or platform-based requirements.

The Customer is solely responsible for ensuring that all materials, copy, or strategies implemented using the Product comply with applicable laws and regulations, including but not limited to:

• Federal Trade Commission (FTC) rules on advertising, endorsements, testimonials, and results claims;
• U.S. Food and Drug Administration (FDA) or comparable regulations concerning wellness and health statements;
• Copyright, trademark, and publicity laws governing creative and promotional materials; and
• Privacy and data protection laws such as GDPR, UK GDPR, CCPA, and CAN-SPAM.

The Customer is also responsible for determining whether legal disclaimers, disclosures, or other compliance statements are required in connection with their marketing or business practices, and for drafting and implementing those materials.

The Company expressly disclaims any liability for: (a) the Customer’s failure to comply with any applicable law or regulation; (b) any legal consequences resulting from the Customer’s editing or publication of Product materials; or (c) any claim or action based on the Customer’s representations, marketing statements, or use of Product content in commerce.

Website, Media, and Email Compliance
The Company provides information and templates intended to support best practices in website, email, and digital communication design. However, the Company makes no guarantee that such materials or examples will ensure compliance with applicable laws or accessibility standards.

The Customer is solely responsible for ensuring that their:

• Website and digital media comply with accessibility laws such as the Americans with Disabilities Act (ADA)and Web Content Accessibility Guidelines (WCAG);
• Email marketing and data collection practices comply with privacy and spam laws such as GDPR, CCPA, and CAN-SPAM; and
• Online disclaimers, opt-ins, and consent mechanisms are properly drafted and implemented for their audience and jurisdiction.

The Company is not responsible or liable for any accessibility violations, data protection breaches, or compliance failures resulting from the Customer’s independent use, customization, or publication of Product materials.

Submissions, Recordings, and Testimonial Release

You may, from time to time, voluntarily provide the Company with materials, comments, feedback, testimonials, recordings, or other content (“Submissions”) through participation in live sessions, community discussions, support emails, surveys, or other Program or Product activities.

By posting, uploading, inputting, providing, or otherwise submitting any Submission, You grant the Company, its affiliates, licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, edit, modify, adapt, publish, distribute, transmit, publicly display, publicly perform, create derivative works from, and otherwise exploit such Submissions, in whole or in part, for any lawful purpose, including but not limited to:

• Product improvement or training,
• Marketing, publicity, and promotional materials,
• Educational and commercial uses, including inclusion in future paid or free Products, and
• Display on websites, podcasts, videos, advertisements, and social media.

You understand and agree that:

1. Recording Consent. By participating in any live or recorded call, workshop, or event, You consent to being recorded (audio and/or video) and grant the Company full rights to use, edit, and reproduce such recordings for resale, marketing, educational, or archival purposes. This includes the right to feature Your voice, likeness, name, image, comments, or participation in any media format now known or later developed.
2. Modification and Attribution. The Company may edit or adapt Your Submissions or recordings for clarity, length, or format without materially altering their meaning. The Company has sole discretion to determine whether to credit You by name, initials, or anonymously.
3. No Compensation or Obligation. You acknowledge that You are not entitled to compensation, royalties, or other payment for any use of Your Submissions or recordings. The Company is under no obligation to post, use, or retain any Submission and may remove or decline to use it at any time.
4. Ownership Warranty. You represent and warrant that You own or otherwise control all rights necessary to grant the license described above and that Your Submissions do not infringe on any third party’s rights, including copyright, privacy, or publicity rights.
5. Irrevocability. This consent and release are perpetual and irrevocable. Once granted, it cannot be withdrawn, even if You later discontinue participation or terminate access to the Product.

To the fullest extent permitted by law, You release and discharge Wellness Writer LLC, its officers, employees, contractors, affiliates, and agents from any and all claims or liability arising out of or related to the use, reproduction, or distribution of Your Submissions, testimonials, or recorded materials, including any claims for misappropriation, defamation, invasion of privacy, or violation of the right of publicity.

Confidentiality
The Company respects the privacy of its customers and agrees to maintain the confidentiality of all non-public information shared by You, except as required by law or as reasonably necessary to perform under this Agreement.

As a condition of purchasing and accessing the Product, You agree to maintain the confidentiality of all non-public information disclosed or made available by the Company or by other customers in connection with the Product, including but not limited to:

• proprietary methods, frameworks, formulas, strategies, templates, tools, AI prompts, scripts, and workflows developed by the Company;
• business, marketing, financial, or technical information of the Company;
• discussions or materials shared in any community, live call, or support setting; and
• any other information identified or reasonably understood to be confidential (“Confidential Information”).

You agree that You shall:

1. Use Confidential Information solely for the purpose of participating in and implementing the Product;
2. Not disclose, share, copy, distribute, or reproduce any portion of the Product or any Confidential Information to or for the benefit of any third party;
3. Not reverse engineer, decompile, disassemble, or create derivative works based on the Product or any related content, except as expressly permitted by these Terms; and
4. Take all reasonable precautions to protect the confidentiality and security of the Company’s materials, templates, and communications.

You acknowledge that the Product and related materials contain trade secrets and proprietary content that are the sole and exclusive property of the Company. Any unauthorized use or disclosure of such information constitutes a material breach of this Agreement and may result in immediate termination of access, injunctive relief, and pursuit of all other legal remedies available.

Both Parties agree that the obligations in this section shall survive termination or expiration of this Agreement.

Use of Artificial Intelligence

The Program may include access to custom artificial intelligence (“AI”) tools, such as proprietary chatbots or custom GPTs developed by the Company, as well as guidance, prompts, or templates for third-party AI systems (including, but not limited to, ChatGPT, Jasper, Canva, and other similar platforms). These AI resources are designed to support your content creation, strategy, and marketing processes.

You acknowledge and agree to the following:

(a) Limitations of AI. AI tools may generate inaccurate, incomplete, outdated, or inappropriate outputs. They lack human judgment and context and cannot fully interpret the unique aspects of your business, voice, or audience. You understand that any AI-generated content must be reviewed, edited, and verified by you prior to publication or reliance.

(b) Intellectual Property and Copyright. AI-generated outputs may inadvertently replicate, adapt, or resemble copyrighted or proprietary materials. The Company does not guarantee originality of AI-generated content. You are solely responsible for ensuring that all AI outputs you use comply with applicable intellectual property laws, platform rules, and ethical standards.

(c) Data Privacy and Inputs. The AI tools provided or referenced in the Program may rely on third-party technology providers. By using these tools, you understand and accept that any information you input may be processed, stored, or transmitted by such providers in accordance with their privacy policies and terms of use. You are solely responsible for ensuring that you do not upload confidential, proprietary, or personal information (yours or others’) that you do not wish to disclose.

(d) Ethical and Legal Compliance. You are solely responsible for ensuring that your use of AI tools complies with all applicable laws, including data protection, advertising, and consumer protection regulations, as well as ethical and industry-specific standards.

(e) No Professional Advice. AI tools and outputs provided within or in connection with the Program do not constitute legal, medical, financial, or professional advice. You agree not to rely on any AI-generated output as a substitute for professional consultation in those areas.

(f) Use Restrictions. You may not reverse engineer, resell, duplicate, or redistribute any custom AI tool, chatbot, or GPT developed by the Company, nor use such tools in a manner that violates these Terms or infringes the rights of others.

(g) Assumption of Risk. By using any AI-related resource, you acknowledge and assume all risks associated with AI use, including but not limited to potential inaccuracies, legal violations, reputational harm, and third-party claims.

(h) Limitation of Liability. Wellness Writer LLC shall not be liable for any loss, damage, or harm resulting from your use or misuse of AI tools, prompts, or guidance, whether provided directly or indirectly through the Program. This includes, without limitation, claims of plagiarism, copyright infringement, data loss, defamation, or reliance on incorrect information.

By purchasing and using the Program, you agree to assume full responsibility for your use of all AI resources and the consequences of such use.

Personal Responsibility and Assumption of the Risk
You acknowledge that You are voluntarily accessing and using the Product and assume full responsibility for Your participation and results. The Company provides educational and informational resources intended to support Your personal and professional development, but does not guarantee that You will achieve any specific results, income, or outcomes from Your use of the Product.

You understand and agree that:

1. No Guarantees. The Company has not made any representations or warranties, express or implied, regarding performance, success, income, business growth, or any particular outcome. Examples or testimonials provided are for illustrative purposes only and do not represent or guarantee that You will achieve similar results.
2. Independent Decision-Making. You are solely responsible for evaluating and implementing any information, strategies, or templates provided. You agree to use Your own judgment, discretion, and due diligence before applying any concept or taking any action based on the Product.
3. Assumption of Risk. You assume all risks associated with using or relying upon any information or materials provided. The Company shall not be liable for any damages—direct or indirect—arising from Your application, misapplication, or non-use of the Product content.
4. No Professional Advice. The Product does not constitute legal, medical, financial, or other professional advice. You should consult qualified professionals before making decisions in those areas.
5. Personal Accountability. Your results depend on many factors, including Your background, experience, discipline, market conditions, and individual effort—all of which are outside the Company’s control.

By purchasing and using the Product, You expressly acknowledge that You are solely responsible for Your actions, outcomes, and results, and that You release and discharge the Company from any and all liability or claims arising from Your use or reliance on the Product.

No Warranties

The Product and all related materials, content, templates, resources, tools (including any AI integrations), and services are provided on an “as-is” and “as-available” basis. The Company makes no representations or warranties of any kind, express or implied, regarding the Product’s performance, reliability, completeness, accuracy, or suitability for any particular purpose.

To the fullest extent permitted by law, the Company expressly disclaims all warranties, express or implied, including but not limited to: implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement; any warranty that the Product, website, or related materials will be uninterrupted, secure, error-free, or available at all times; and any warranty arising from a course of dealing, usage, or trade practice.

The Company does not warrant that any templates, digital downloads, AI-generated content, or information provided will meet Your expectations, achieve specific results, or be free from technical errors or defects. You acknowledge that all digital materials, including third-party content and tools, are subject to change, interruption, or removal without notice.

Limitation of Liability

To the fullest extent permitted by law, You agree to release, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, contractors, representatives, licensors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your access to or use of the Product or any related materials, templates, AI tools, or third-party platforms; (b) any reliance placed on the information, advice, or resources provided; (c) any interruption, error, or delay in access; or (d) any unauthorized use, misuse, or inability to use the Product.

In no event shall the Company or the Released Parties be liable to You or any third party for any indirect, incidental, consequential, exemplary, special, punitive, or similar damages—including, without limitation, loss of profits, data, goodwill, revenue, or business opportunity—arising from or related to the Product, even if the Company has been advised of the possibility of such damages.

To the maximum extent permitted by law, the Company’s total aggregate liability for any and all claims arising out of or related to the Product, these Terms, or any materials provided shall not exceed the total amount actually paid by You to the Company for that specific Product under these Terms of Purchase.

If You are dissatisfied with the Product, Your sole and exclusive remedy is to discontinue use.

These limitations and disclaimers are fundamental to the allocation of risk under this Agreement and have been relied upon by the Company in making the Product available at its stated price.

Dispute Resolution, Arbitration, and Governing Law

Good-Faith Resolution. Before initiating arbitration or any other proceeding, both Parties agree to first attempt in good faith to resolve any dispute, controversy, or claim arising out of or related to this Agreement, the Program, or any related transaction (“Dispute”). The complaining Party must provide written notice to the other Party describing the Dispute and the requested resolution in reasonable detail.
The Parties will attempt to resolve the Dispute through informal negotiations within thirty (30) days after such notice is received. If the Parties cannot resolve the Dispute within this period, either Party may submit the matter to binding arbitration as described below

Binding Arbitration. Except as otherwise provided in this section, any unresolved Dispute shall be settled by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable Commercial or Consumer Arbitration Rules.

The arbitration shall be conducted in Westminster, Colorado, or in another location or through a virtual forum (e.g., video conference) if mutually agreed by the Parties or if determined by the Company to be more practical under the circumstances. The arbitration shall be conducted in English.

Each Party shall bear its own costs and expenses of arbitration, including its share of any arbitrator or administrative fees, except that the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and costs (including arbitration and enforcement expenses) to the fullest extent permitted by law.

The arbitration award shall be final and binding on both Parties and may be entered and enforced in any court of competent jurisdiction.

Class Action and Jury Trial Waiver. To the fullest extent permitted by law, the Parties agree that any arbitration or legal proceeding shall be conducted solely on an individual basis and not as a class, collective, consolidated, or representative action.
Each Party expressly waives the right to a jury trial in any forum for any Dispute arising out of or related to this Agreement.

Forum Selection and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict-of-law principles.

To the extent any matter is permitted to proceed in court (such as enforcement of an arbitration award or equitable relief), the Parties agree that the state and federal courts located in Westminster, Colorado shall have exclusive jurisdiction and venue.
Each Party waives any defense of forum non conveniens and agrees not to contest jurisdiction or venue in such courts.

Termination and Access Restriction
The Company reserves the right, in its sole discretion and without prior notice, to suspend or terminate Your access to the Product, membership area, or any related materials at any time, for any reason, including but not limited to: (a) disruptive or inappropriate behavior toward the Company or other participants; (b) violation of this Agreement or any Product guidelines; (c) suspected fraud, abuse, or misuse of the Product or Company’s intellectual property; or (d) failure to make timely payment or maintain current billing information.

Upon termination, all rights granted to You under this Agreement shall immediately cease, including access to the Product, materials, and any associated content or community spaces. You agree to immediately cease using the Product and destroy or delete all copies of Product materials in Your possession.

Termination by the Company shall not entitle You to any refund or credit of amounts previously paid. The Company further reserves the right to pursue all remedies available at law or in equity for any violation of this Agreement or infringement of its intellectual property rights.

Any provisions of this Agreement that by their nature should survive termination, including but not limited to those relating to confidentiality, intellectual property, limitation of liability, indemnification, dispute resolution, and governing law, shall survive the termination of this Agreement.

Miscellaneous Clauses

The Parties further agree:

Changing Terms. We reserve the right to update and revise this Agreement at any time without notice to you. Your continued participation in any Program and use of the Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

Errors & Availability. While the Company strives for accuracy in all descriptions, prices, and representations of its Products and offerings, errors or inaccuracies may occasionally occur. The Company reserves the right to correct any such errors, inaccuracies, or omissions and to update information or cancel orders if any information in the Product materials, on the Website, or related sales pages is inaccurate at any time without prior notice (including after you have submitted an order). The Company also reserves the right to modify or discontinue any Product, feature, or promotion at any time without liability to you.

Product Discontinuation. The Company reserves the right, in its sole discretion, to modify, suspend, or permanently discontinue the Product, any component thereof, or any related website, portal, or delivery platform at any time and for any reason, without prior notice or liability.

If the Product is discontinued, You will retain access to any materials already delivered or available for download at the time of discontinuation, subject to all limitations, license restrictions, and intellectual property terms contained in this Agreement. Discontinuation of the Product shall not constitute a breach of this Agreement or entitle You to any refund, credit, or compensation.

You remain responsible for all charges, purchases, and obligations incurred prior to the date of discontinuation or termination of access.

Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Sarah Cook, P.O. Box 350544, Westminster, CO 80035. Notices provided by certified mail will be effective upon actual receipt of the notice.

Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither Party shall have authority to contract for or bind the other party in any manner whatsoever.

No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Indemnification. Each Party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other Party, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from the Indemnifying Party’s (i) breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, (ii) breach of this Agreement, or (iii) grossly negligent behavior in connection with this Agreement.

Force Majeure. Neither Party shall be liable or deemed in default under this Agreement for any delay or failure to perform obligations (other than payment obligations) due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, earthquake, explosion, war, invasion, terrorism, civil unrest, government order or regulation, labor disputes, epidemic or pandemic, supply chain disruptions, interruption or failure of utilities, telecommunications, internet service, hosting platforms, third-party APIs, artificial intelligence or software outages, or cyberattacks (collectively, a “Force Majeure Event”).

The affected Party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as practicable.

If a Force Majeure Event continues for more than thirty (30) consecutive days, the Company may, at its sole discretion, suspend or terminate this Agreement or the Product without liability or refund to the Customer. The Customer remains responsible for all payments due up to the effective date of termination.

A Force Majeure Event shall not excuse or delay any payment obligations owed by the Customer.

Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

Entire Agreement + All Rights Reserved. In concluding this Agreement, you understand and acknowledge that this Agreement constitutes the final agreement and supersedes all others regarding the purchase, sale, and use of the Product and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.

Contact
[email protected]