Terms and Conditions of use

Terms and Conditions of Use

ONCE YOU HAVE INSERTED ALL REQUIRED INFORMATION INTO THE BLANKS [_________________________] AND PERSONALIZED THE TEMPLATE, YOU WILL NEED TO REMOVE ANY HIGHLIGHTS AS WELL AS ALL LANGUAGE IN BRACKETS, I.E. […] BEFORE POSTING THE TERMS AND CONDITIONS TO YOUR WEBSITE

IT IS RECOMMENDED THAT YOU POST YOUR TERMS AND CONDITIONS ON YOUR WEBSITE VIA A HYPERLINK IN THE FOOTER THAT:

  • CONTAINS THE WORD “TERMS AND CONDITIONS”
  • IS WRITTEN IN CAPITAL LETTERS
  • IS IN A FONT SIZE SIMILAR TO OR LARGER THAN THE FONT SURROUNDING IT
  • IS IN A FONT OR COLOR THAT CONTRASTS WITH THE SURROUNDING TEXT

 

IT IS ALSO RECOMMENDED THAT YOU PROVIDE THE HYPERLINK TO YOUR TERMS AND CONDITIONS AT EVERY LOCATION THAT YOU COLLECT THE PERSONAL INFORMATION OF YOUR WEBSITE VIEWERS (EX: WHERE YOU COLLECT EMAIL ADDRESSES IN EXCHANGE FOR YOUR OPT-IN/FREEMIUM/DISCOUNT OFFER) AND REQUIRE YOUR WEBSITE VIEWERS TO CHECK A BOX THAT THEY HAVE READ AND AGREE TO YOUR TERMS AND CONDITIONS BEFORE CLICKING “SUBMIT.”

Use and Consent 

Please read these Terms and Conditions of Use (hereinafter “Terms and Conditions”) carefully and in their entirety before using _______________________________ [insert your web address here] (hereinafter “we,” “our,” “us”). You, as a visitor and/or user of our website, agree to these Terms and Conditions, and your access and/or use of our website or materials requested through email constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to. 

This website is not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.

[The Children’s Online Privacy Protection Act (COPPA) imposes certain requirements on websites or online services directed at children under 13 years old, including the requirement that sites must require parental consent for the collection or use of any personal information from children. The General Data Protection Regulation (GDPR) requires parental consent for children under 16 years old.

If your site is directed at children under 16 years, you will need to contact an attorney in your local area to discuss revisions to this section]

Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information. Please read our Privacy Policy here

[THE INCLUSION OF THE FOLLOWING LEGAL AND FINANCIAL DISCLAIMER, EARNINGS DISCLAIMER, AND MEDICAL DISCLAIMER ARE WHOLLY DEPENDENT ON YOUR INDUSTRY. YOU SHOULD SPEAK WITH AN ATTORNEY IN YOUR AREA ABOUT WHICH OF THESE DISCLAIMERS TO INCLUDE.  IT IS ALSO RECOMMENDED THAT YOU EITHER INCLUDE THE TEXT OF YOUR DISCLAIMER IN YOUR WEBSITE’S FOOTER OR CREATE A SEPARATE HYPERLINK THAT READS “DISCLAIMER” AND LINK IT SPECIFICALLY TO YOUR DISCLAIMER.]

Legal and Financial Disclaimer

You understand and agree that this website is intended to provide information and education. The information provided is not business, financial, or legal advice. 

You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular personal, business, and financial situation so that you can take the right steps for you and your situation. 

[IF YOU ARE AN ATTORNEY, ACCOUNTANT, OR FINANCIAL ADVISOR, YOU SHOULD SPEAK WITH AN ATTORNEY IN YOUR AREA ABOUT REVISING THIS SECTION TO COINCIDE WITH THE LICENSURE STATUS SECTION BELOW]

Earnings Disclaimer 

You understand and agree that this website is intended to provide information and education to assist you in attaining your goals. 

You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income. 

Medical Disclaimer

You understand and agree that this website is intended to provide information and education and is not intended as medical, psychological, or psychiatric advice and is not intended to provide diagnosis, treatment, prevention, cure or guarantee. 

The information provided is not a substitute for professional medical, psychological, or psychiatric advice, diagnosis, or treatment for your individual condition and circumstance. You should consult with a licensed and/or registered health care professional about your individual condition and circumstance. You warrant that you have submitted to a physical examination and have a physician’s approval to participate or are participating without the approval of a physician of your own volition and at your own risk.

You should always consult with a licensed and/or registered health care professional before making any health or dietary changes or beginning any exercise program. If you are pregnant, nursing, obese, diabetic, or have any other medical or mental condition, you should follow the supervision of a licensed and/or registered health care professional.

By starting any exercise program, you assume all risks of injury, dangers, and/or hazards as a result of doing so. You should use any equipment shown in any exercise program as demonstrated only. 

Do not stop taking any prescribed medications or disregard or delay seeking medical advice based on any information contained in this website or materials requested through email.

[IF YOU ARE A LICENSED AND/OR REGISTERED HEALTH CARE PROFESSIONAL, YOU SHOULD SPEAK WITH AN ATTORNEY IN YOUR AREA ABOUT REVISING THIS SECTION TO COINCIDE WITH THE LICENSURE STATUS SECTION BELOW]

Licensure Status

[THIS SECTION SHOULD BE INCLUDED IF YOU ARE A LICENSED PROFESSIONAL.  BE SURE TO SPEAK WITH AN ATTORNEY IN YOUR AREA ABOUT ANY FURTHER REQUIRED DISCLAIMER LANGUAGE FOR YOUR PARTICULAR LICENSE]

No Warranty or Liability 

The information provided on _______________________________ [insert your web address here] is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in materials requested through email. 

The use of our website or the downloading of any materials through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. _______________________________ [insert your registered business name here]  assumes no liability for any computer virus or other similar software code that is downloaded to your computer from our website or in connection with any materials offered through the website.

THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL _______________________________ [INSERT YOUR REGISTERED BUSINESS NAME HERE]  AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE  LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT, OR MATERIALS REQUESTED THROUGH EMAIL; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH OUR WEBSITE; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND. 

_______________________________ [INSERT YOUR REGISTERED BUSINESS NAME HERE] ’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $____ (USD). [The threshold amount that you include acts as a cap on the amount of damages you could potentially be liable for in the case of a dispute. It should be a reasonable amount related to the cost of your product or service]

We expressly exclude any liability to the fullest extent of the law. 

By using our website and its content or requesting materials via email, you agree to this limitation of liability and release _______________________________ [insert your registered business name here] from any and all claims.

Indemnification 

You agree at all times to defend, hold harmless, and indemnify _______________________________ [insert your registered business name here], and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from your use of our website or its content, or materials requested through email, as well as any third party claims of any kind arising from your actions in relation to our website (including any content you submit, post to, or transmit through our website). 

Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge. 

Intellectual Property Protection and Personal Use 

The materials contained on our website, including, but not limited to, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files, are the proprietary property of _______________________________ [insert your registered business name here] and are protected by United States intellectual property rights. 

_______________________________ [insert your registered business name here] grants you a limited non-exclusive non-transferable license to view, copy, download, and/or print the content of _______________________________ [insert your web address here] solely for your personal, non-commercial use [with respect to your business] [if your website is related to a person’s business then include the bold language in brackets]. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on _______________________________ [insert your web address here], its materials, or its services, except as expressly authorized herein.

While we love the sharing of our content via social media, and _______________________________ [insert your web address here]  uses various plug-ins and widgets to allow for this type of sharing, the use of these plug-ins and widgets does not constitute a waiver of _______________________________ [insert your registered business name here]’s intellectual property rights. Such use is a limited license to republish our website content on the approved social media channels with full credit to _______________________________ [insert your web address here].

Nothing contained on _______________________________ [insert your web address here] should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by _______________________________ [insert your registered business name here] or by any third party.

Any other use of the materials in _______________________________ [insert your web address here] and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited. 

You agree that you will not use our website, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.

Your License to Us

When you submit any post, comment, image, or other content that you upload, publish, or display on or through our website (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.

You retain the right to remove your User Content at any time. 

If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.

User Limitations

You agree that you will not post, transmit, upload, perform, or otherwise make available any User Content that is:

  • Harmful, threatening, defamatory, abusive, harassing, obscene, vulgar, hateful, pornographic, or otherwise objectionable;
  • Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
  • Advertises or otherwise solicits funds or is a solicitation for goods or services. 

You agree to use this website for lawful purposes only and agree not to violate or attempt to violate any security features of _______________________________ [insert your web address here] including, but not limited to:

  • Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
  • Attempting to probe, scan, or test the vulnerability of _______________________________ [insert your web address here]  or any associated system or network, or to breach security or authentication measures without proper authentication;
  • Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to _______________________________ [insert your web address here], overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
  • Using _______________________________ [insert your web address here] to send unsolicited email, including, without limitation, promotions or advertisements for products or services;
  • Forging any TCP/IP packet header or any part of the header information in any email or in any posting to _______________________________ [insert your web address here]; or
  • Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by _______________________________ [insert your registered business name here] in providing _______________________________ [insert your web address here].

You understand that any violation of system or network security may subject you to civil and/or criminal liability. _______________________________ [insert your registered business name here] intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.

Testimonials

Our website may feature testimonials from time to time. They are examples. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our website, products and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience. 

No Formal Endorsements

Any reference or link to any other companies, events, services, or products, on our website, blog, or in our emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.

You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business. 

You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

Affiliate Disclosure 

We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services from time to time. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link. 

You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur. 

Third Party Links

From time to time, we may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by _______________________________ [insert your registered business name here]. If you use those links, you leave our website. 

You agree that _______________________________ [insert your registered business name here]  is not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy. 

By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that _______________________________ [insert your registered business name here]  is not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website. 

By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from _______________________________ [insert your web address here]’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.

Termination 

We reserve the right to terminate your access to our website, in full or in part, at any time for any reason. 

 [NOTE THAT YOU CAN ACTUALLY BLOCK SPECIFIC IP ADDRESSES FROM YOUR WEBSITE IF YOU ENCOUNTER SOMEONE MISUSING YOUR CONTENT, LEAVING ABUSIVE OR HARASSING COMMENTS, ETC.]

Dispute Resolution and Jurisdiction 

These Terms and Conditions shall be governed and construed according to the laws of the State of __________ [selected State], without regard to conflict of laws principles. The nearest state and federal court to __________ [selected City in your selected State], __________ [selected State] shall have exclusive jurisdiction over any case or controversy arising from your use of our website or its content, or via materials requested through email.

By using our website or its content, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.

In the event that _______________________________ [insert your registered business name here] must make a claim for any breach of these Terms and Conditions by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs. 

Severability

If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect. 

Modification of Terms and Conditions

We may change, modify, or update these Terms and Conditions at any time and will notify you of any such changes by a prominent notice displayed on our website at least 10 days prior to implementing the change. We recommend that you check the Terms and Conditions when you visit our website to be sure that you are aware of our most current policies.

[IF YOU MAKE ANY CHANGES TO THESE TERMS AND CONDITIONS AFTER POSTING THEM TO YOUR WEBSITE BE SURE YOU LET YOUR WEBSITE VIEWERS KNOW]

By continuing to use this website, you agree to be bound by the most updated version of these Terms and Conditions, whether you have read them or have had the opportunity to read them and have chosen not to. 

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: _______________________________ [insert the email address you wish your website viewers to use to contact you]

____________________ [date these Terms and Conditions were published to your website. Be sure to revise this date any time you make substantive revisions to these Terms and Conditions.]