The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Wellness Writer LLC (“Company”, “we”, or “us”). It applies to the purchase of copywriting templates (“CopyPacks”) through The Wellness Copy Shop.
The Company agrees to provide you with access to the CopyPack upon purchase. As a condition of purchase the CopyPack, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the CopyPack, which provides education and information. The information contained in the CopyPack, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
In consideration of Your access to the CopyPack, you agree to pay a one-time fee set forth on the checkout page.
In consideration of the value provided in each CopyPack and the ease of immediate access to all materials, the Company does not provide refunds for any CopyPack purchase.
Access to CopyPacks
The Company shall maintain a Program Area that may include video lessons, copywriting templates, bonuses, and other information. You shall have access to this Program Area for a minimum of 12 months from the time of purchase.
Ownership Of All Intellectual Property
All content included as part of the CopyPack, such as text, graphics, logos, images, as well as the compilation thereof, and any software used to deliver the CopyPack 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 CopyPack are the trademarks of their respective owners.
Except for the use of Templates (described above), your purchase of a CopyPack does not result in a transfer of any intellectual property to You, and, as a condition of purchase, You agree to observe and abide by all copyright and other intellectual property protection.
The Company content is not for resale. Your purchase of a CopyPack 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 CopyPack will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Use of Templates
The Company provides various templates for download and/or use in the CopyPack. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates for your own personal or internal business use.
You have the right to modify and customize all templates for your personal use. Except as otherwise provided, you acknowledge and agree that you have no right to reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates in any manner, except for modifications in filling out the templates for your authorized use.
By purchasing the CopyPack, you agree that the templates you access may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
The Company shall make best efforts, but makes no warranty or guarantee, to provide information and Content that complies with relevant legal and industry regulations concerning healthcare information, which compliance shall be the Client’s sole responsibility. Client is solely responsible for ensuring content it uses does not violate any state or federal law, legal regulation, or industry practice, including by way of example only and not of limitation, ensuring language used in Content by the Client does not violate FTC regulations concerning supplements and natural foods and medicine. Client is solely responsible for determining if legal disclaimers are required or recommended in connection with its use of Content and for drafting and using the same with its use of Content.
Website, Media, and Email Compliance
Company shall make best efforts, but makes no warranty or guarantee, to provide information about website and email content and functionality that complies with relevant legal and industry regulations, which compliance shall be the Client’s sole responsibility. Client is solely responsible for ensuring website and email content and functionality it uses does not violate any state or federal law, legal regulation, or industry practice, including by way of example only and not of limitation, ensuring the website does not violate ADA regulations concerning accessibility or the General Data Protection Regulation (GDPR) regarding data protection. Client is solely responsible for determining if legal disclaimers are required or recommended in connection with its website and for drafting and using the same with its website.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of purchasing a CopyPack, you hereby agree to respect the privacy of other purchasers and to respect the Company’s confidential information.
The CopyPacks contain the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the CopyPack with anyone other than the Company, its owners and employees, and other CopyPack participants.
By purchasing a CopyPack, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the CopyPack or not. The Company provides educational and informational resources that are intended to help participants succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the CopyPacks are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the CopyPack. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the CopyPack.
The Company makes no warranties regarding the performance or operation of the CopyPack, including any technological aspects. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the CopyPack. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the CopyPack and/or any information and resources contained in the CopyPack. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the CopyPack.
The information, software, products, and service included or available through the CopyPack may include inaccuracies or typographical errors. Changes are periodically added to the information in the CopyPack. The Company and/or its suppliers may make improvements and/or changes in the CopyPack at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the CopyPack for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the CopyPack, with the delay or inability to use the CopyPack or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the CopyPack, or otherwise arising out of the use of the CopyPack, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the CopyPack or any portion of it, your sole and exclusive remedy is to discontinue using the CopyPack.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the CopyPack.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Westminster, CO. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the CopyPack and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the CopyPack and the related services or any portion thereof at any time, if You become disruptive to the Company or other CopyPack participants, if You fail to follow the CopyPack guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
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.
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.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable upon the date of purchase.