Digital Products Terms of Purchase

The following Terms and Conditions are entered into by and between You (“Customer” or “You”) and Wellness Writer LLC (“Company”, “we”, or “us”). They apply to the purchase of any digital product, template pack, or online course (“Product”) from the Company.

The Product
This Agreement applies to any of the following Products purchased by the Customer:

Custom GPT Starter Pack for Wellness Practitioners
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 Digital Product as described on the checkout page at the time of purchase, which may include downloadable templates and/or video tutorials (“Product”). As a condition of purchasing the Product, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Effective Date
This Agreement shall commence and be enforceable with respect to each Customer upon the date that the Customer purchases the Product.

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 any of those policies and this Agreement, this Agreement shall govern.

Fees
In consideration of Your access to the Product, You agree to make a single payment as stated on the checkout page, which shall be due and payable before You will be granted access to the Product.

Coupons & Other Discounts
From time to time, the Company may choose to offer coupons, run special promotions, or otherwise put its products and programs on sale. If You purchase using a coupon or during a promotion or other sale, You agree to pay the fees set forth during the checkout process at the time of Your purchase. All other elements of these Terms & Conditions shall apply to such purchases without change.

No Refunds
All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that You shall not be entitled to a refund for any purchase under any circumstances.
To the extent You are in a jurisdiction that has a legal cooling-off period, You recognize that accessing the Product will forfeit any rights You might have under that cooling-off period.

Product Access
The Company shall provide You with login information to a membership area where you can access the Product, which may be an online course, downloadable templates, or recorded trainings as described on the checkout page.

Product Access - Product access shall begin immediately after purchase and continue for a period of 12 months or until the Product is retired from the membership area, whichever comes last.

Bonuses – From time to time, the Company may offer bonuses to individuals who purchase the Product. You shall be entitled to any bonuses offered to You at the time of purchase.

Authorized Use of Templates by Customer
The Company provides various templates for download and/or use in the Product. You are granted a single-use, non-exclusive, non-transferable, revocable license to use the templates for your own personal or business use. These templates must be customized to your needs, while the original content remains the property of the Company.

Permitted Use:

You may use the templates for your own personal or business use.
You may modify and adapt the templates to meet your needs.

Not Permitted:

You may not use the templates for any individual or business except your own. For example, if you are a marketing manager for multiple clients, each client must purchase their own individual license to use the Product templates.
You may not share the original template links in any way that will allow others to download, modify, or access them.
You may not use the templates in a fraudulent, defamatory, pornographic, harassing, illegal, or offensive manner.
You may not claim the original work as your own.
You may not resell the Product in whole or in part.

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 Product, You agree that the included content 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.

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 Restriction
“Third-Party Content” means all content not created or owned by Company and not created or owned by Customer, which may be included as part of Product content during this Agreement, including but not limited to images, graphs, photographs, artwork, patterns, logos, trademarks, additional text, and quotations.

Customer shall make no use of Third-Party Content other than in the specific manner it is licensed by that third party. For example, Canva templates may use third-party content that is subject to Canva's licensing agreement and which may require a paid Canva account for use.

Customer is solely liable for changes it makes to Third-Party Content and any other unauthorized uses of Third-Party Content provided to Customer by Company during the Agreement.

Content Compliance
The Company shall make best efforts, but makes no warranty or guarantee, to provide templated content that complies with relevant legal and industry regulations concerning healthcare information or otherwise, which compliance shall be the Customer’s sole responsibility.

Customer is solely responsible for ensuring their end use of the Product does not violate any state or federal law, legal regulation, or industry practice, including by way of example only and not of limitation, ensuring compliance with FTC regulations concerning supplements and natural foods and medicine.

Customer is solely responsible for determining if legal disclaimers are required or recommended in connection with its use of the Product and for drafting and using the same.

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 Customer’s sole responsibility.

Customer 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.

Customer 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.

Confidentiality
The Company respects the privacy of its customers and will not disclose any information You provide except as set forth in this Agreement. As a condition of purchasing a digital product, you hereby agree to respect the privacy of other purchasers and to respect the Company’s confidential information.

The Products 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 digital product with anyone other than the Company, its owners and employees, and other participants.

Personal Responsibility
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 Product or not. The Company provides educational and informational resources that are intended to help users of the Product 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 customers of the Company or otherwise - using the Product 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 Product. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Product.

Materials Provided By You
The Company does not claim ownership of the information or materials You may provide (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the product, program, or course – in the Product and other marketing material going forward.

No compensation will be paid with respect to the use of your Submission, as provided herein.The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

No Warranties
The Company makes no warranties regarding the performance or operation of the Product. 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 Product. 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 Product and/or any information and resources contained in the Product. 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 Product.

The information, software, products, and service included or available through the Product may include inaccuracies or typographical errors. Changes are periodically added to the information in the Product. The Company and/or its suppliers may make improvements and/or changes in the Product 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 Product 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 Product, with the delay or inability to use the Product or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Product, or otherwise arising out of the use of the Product, 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 Product or any portion of it, Your sole and exclusive remedy is to discontinue using the Product.

Choice of Law & Choice of Forum
The Parties agree that this Agreement shall be construed under the laws of Colorado regardless of any choice of law rules.

Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through individual, non-class arbitration to be held in Westminster, CO under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Fee Shifting
The Parties agree that the prevailing Party in any action relating to or arising out of this Agreement will be awarded its reasonable attorneys’ fees and costs incurred as a result of such a proceeding.

Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Product or any portion thereof at any time, if You become disruptive to the Company, if You fail to follow the Product guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination.

Miscellaneous Clauses
The Parties further agree:

Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.

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 responsible to the other, 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 that Party 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 and pandemic, 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. If the event in question continues for a continuous period in excess of 15 days, either Party shall be entitled to give notice in writing to the other to terminate this Agreement.

Contact
[email protected]

Updated May 30, 2024