HighVibe Copy Terms of Purchase

These Terms of Purchase (“Terms”) are between you (referred to as “Participant,” “Client,” “Customer,” “you,” or “your”) and Wellness Writer LLC (referred to as the “Company,” “Coach,” “we,” “us,” or “our”) and apply to your participation in HighVibe Copy (the “Program”).

These Terms cover your access and participation whether through our website at wellnesswriter.com or any related domains/subdomains (the “Website”), as well as through video or audio conferencing platforms, mobile apps, text messaging, or other forms of communication.

The Company and the Customer will collectively be referred to as “Parties,” and each individually as a “Party.”

By clicking “Complete My Purchase,” “Buy Now,” or any similar phrase, submitting your payment, or enrolling in the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms of Purchase.

Effective Date

These Terms shall commence and be enforceable with respect to each Customer upon the date that the Customer purchases the Program.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Website Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into these terms Except as modified by these terms, each of those agreements and policies shall apply fully to your use of the Program. In the event of a conflict between any of those policies and these terms, these terms shall govern.

The Program

The Company shall provide you with login information to a membership area where you can access the Program.

You’ll receive “lifetime” access to the Program materials. “Lifetime” means for as long as the Program is actively maintained by the Company or at least 12 months from the date of your purchase, whichever is longer. During this time, you will receive all future updates made to the Program. These materials include:

• On-Demand Video Trainings
• Copywriting Templates
• Custom AI Tools

You’ll have 12 months of access to the coaching and community components of the Program, starting from the date of your purchase. These components include:

• Private Kajabi Community Access
• Monthly Group Coaching Calls
• Recorded Replays of Coaching Calls

If you purchase VIP access, you’ll also receive 12 months of access to the following, beginning on the date of your purchase:

• Monthly Copy Audits.
  Each month, you’ll receive one personalized copy audit. This includes a review of a single asset (like a sales page, website page, or email campaign), delivered via Loom video with feedback and suggestions. You can roll over up to 3 unused audits to future months. Larger projects involving multiple pieces (such as a full funnel or launch) will require more than one audit credit to review fully. All copy audits must be used within 12 months of the purchase date. Any copy audits remaining after the 12-month access period will be forfeited. 
• Voxer Support.
  You’ll have direct messaging access to Sarah via Voxer to ask questions and get strategic copy guidance. You can message anytime, and Sarah will respond during her designated weekly hours.

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

Coaching and Communication

With the exception of VIP access to Voxer for communication, all communication for coaching must be done through the private Kajabi community. Because we cannot monitor other channels of communication, such as social media direct messages, we will use the Kajabi community exclusively for all HighVibe Copy communication.

Fees

In exchange for access to the Program, you agree to pay the fee as stated on the checkout page, either as a one-time payment or through a payment plan.

By providing your payment information, you represent that you are authorized to use the payment method provided and authorize the Company to charge it (the “Authorized Payment Method”) accordingly.

Unless otherwise stated, all fees are listed in USD. Sales tax will be added for customers located in Colorado and Canada.

Payment Plans

If you choose a payment plan at checkout, you agree to pay the full program fee in the number of installments outlined at the time of purchase.

By enrolling, you are committing to complete all payments in the plan, regardless of your level of participation in the Program.

You authorize the Company to charge your Authorized Payment Method automatically on the scheduled due dates. It is your responsibility to ensure that your payment information is current and accurate. If a payment fails, your access to the Program may be suspended until the issue is resolved.

Please note: Choosing a payment plan does not make the Program a subscription service. It is a financial commitment to the full fee, split into installments for your convenience.

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.

Chargebacks

By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing product and/or investigating agency concerning the attempted chargeback or financial dispute.

License for Use

The Company provides various templates and workbooks for download and/or use in the Program. You are granted a single-use, non-exclusive, non-transferable, revocable license to use these materials for your own personal or business use. These materials 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 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 templates 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 Program, 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 Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, 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 Program are the trademarks of their respective owners.

Your purchase of the Program does not result in a transfer of any intellectual property to You, and, as a condition of purchasing the Program, 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 Program 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 Program, 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 Program 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 Program 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 Program content, 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 Program.

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 Program 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 Program 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.

Use of Artificial Intelligence

The resources, guidance, and tools provided in this Program may include custom artificial intelligence (AI) tools or guidance on the use of AI, such as prompts, templates, or instructions for AI tools like ChatGPT. While these resources are designed to enhance your content creation and marketing strategies, it is important to understand and accept the following:

Limitations of AI: AI tools may generate inaccurate, incomplete, or inappropriate outputs. They lack human judgment and cannot fully understand the specific nuances of your business, audience, or messaging.

Intellectual Property and Copyright: AI-generated content may inadvertently replicate or resemble existing copyrighted material. It is your responsibility to review and ensure that any outputs comply with copyright laws and do not infringe on intellectual property rights.

Ethical and Legal Compliance: The use of AI tools must align with all applicable laws, regulations, and ethical guidelines. You are solely responsible for ensuring compliance with these standards in your use of AI-generated content.

Assumption of Risk: By using the AI resources or guidance provided, you acknowledge and accept the inherent risks associated with AI tools. These include, but are not limited to, inaccuracies, misrepresentation, and potential legal or reputational consequences.

Limitation of Liability: Wellness Writer LLC is not liable for any loss, damage, or harm resulting from the use or misuse of AI tools, prompts, or guidance provided as part of our programs or resources. This includes, but is not limited to, claims of plagiarism, copyright infringement, or content inaccuracies.

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

Confidentiality

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

Within the coaching community and coaching calls, participants may choose to share details about their business—such as offers, strategies, or other non-public, confidential, or proprietary information (“Confidential Information”). Both the Coach and the Participant agree to:

• Keep all Confidential Information shared within the Program private and secure
• Use the Confidential Information only as it relates to participation in the Program
• Never use Confidential Information in a way that could harm another participant
• Only share Confidential Information with team members or designees who truly need to know it for Program-related purposes

The Program contains 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.

Both Parties understand and agree that the obligations under this provision survive termination of these Terms by either party.

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

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 Program 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 Program. 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 Program. 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 Program and/or any information and resources contained in the Program. 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 Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program 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 Program 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 Program, with the delay or inability to use the Program 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 Program, 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 Program or any portion of it, Your sole and exclusive remedy is to discontinue using the Program.

Choice of Law & Choice of Forum

The Parties agree that these Terms 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 these Terms 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 these Terms 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 Program or any portion thereof at any time, if you become disruptive to the Company, if you fail to follow the Program guidelines, or if you otherwise violate these Terms. 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:

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

Error in Store Presentation. We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Program prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.

Termination of Use. We may terminate your account or restrict your use of the Website and/or participation in the Program at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The Company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Participant.

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 these Terms 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 these Terms 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 these Terms shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms 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 these Terms 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. These Terms benefit solely the Parties and their respective permitted successors and assigns and nothing in these Terms, 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 these Terms.

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 inthese Terms, (ii) breach of these Terms, or (iii) grossly negligent behavior in connection with these Terms.

Force Majeure. Neither Party shall be liable or responsible to the other, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms 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 these Terms.

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 these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of the Program and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.

Contact
[email protected]
Updated April 7, 2025