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Terms of Use

By Checking the Box and clicking the “Purchase”  button, you (hereinafter “Client”) agree and understand you are purchasing legal information drafted by Christy Westerfeld, a California, Sole Proprietorship (hereinafter “we” “us” “Service Provider”). Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Service Provider’s website. Client also agrees he/she is voluntarily entering into this legally binding Agreement with Service Provider, inclusive of the following terms and conditions mutually agreed upon.

 

  1. Template
    1. Client agrees and understands that he/she is purchasing one or more legal documents that may be used as directed on Client’s website or in connection with a coaching program or online business. Client understands this product or products is/are being purchased in “template” form, meaning Client will need to complete the product(s) as directed, in order for it to become applicable and personalized to his or her business (all products hereinafter referred to as “Template”). By purchasing one or more Template(s), Client acknowledges that he/she has read the sales page(s), associated with the Template(s) purchased, and conducted any additional research necessary to feel he/she understands what is being provided, as well as what the Template is NOT intended to replace.

 

  1. Completing the Template
    1. As indicated above, Client agrees and understands that in order to be properly utilized, Client must complete the highlighted portions of each Template in accordance with the instructions highlighted in yellow. If Client has any questions or needs any additional help, Client understands he/she may contact Christy Westerfeld at christy@christywesterfeld.com, and/or set up a brief phone call to discuss completion of Template. By completing Template and utilizing in his/her business, Client acknowledges and agrees he/she understands how Template is to be completed, and has done sufficient research or had communications with Service Provider in such that he/she feels confident he/she has acted correctly.
    2. Client understands that it is solely his/her responsibility to seek additional information, assistance, or guidance from Service Provider regarding how to complete Template, and that any failures or inabilities to take adequate steps to understand how to use Template are not the fault of Service Provider. Should Client incorrectly complete any portion of Template, or otherwise make any errors, Client acknowledges and agrees Service Provider has no fault or ownership of these errors, and Client will not seek to blame Service Provider for any errors or mistakes stemming therefrom. Client agrees to hold Service Provider harmless from any misuse of Template, failures to adequately complete Template, incorrect placement of Templates on Client website, or other misuse or failure to properly utilize Template which may render Template ineffective or unenforceable, whether in whole or in part.

 

  1. Legal Disclaimer
    1. While Christy Westerfeld is an attorney, the information contained herein on this Website and via our products is not intended as a substitute for legal or financial advice that should be provided by your own attorney regarding your own personal business and financial situation. You should always seek legal and/or financial counsel to discuss any specific circumstances related to your business or personal life. You agree that the information on our Website and/or sent via email is not legal advice. christywesterfeld.com is not a law firm, and does not engage in the practice of offering legal advice or retaining legal clients.
    2. By using our Website, and/or purchasing any material from our Website, you agree and understand that an attorney-client relationship has not been formed between you and Christy Westerfeld, and Christy Westerfeld does not legally represent you. The content found on this Website and within our programs and packages constitutes legal information, not legal advice, and is not intended to take the place of a personal consultation between you or your business and a local attorney in your state or country.
    3. You agree to hold Christy Westerfeld harmless should any information contained on this Website or within any of our programs or packages prove inaccurate in your state or country, or otherwise unhelpful to your personal business or personal situation, and understand our disclaimers herein.

 

  1. Limited License
    1. Client understands he or she is purchasing Template, which constitutes proprietary intellectual property belonging to Christy Westerfeld. Following Client’s decision to purchase one or more Templates, Client will have gained access to the intellectual property of Christy Westerfeld in the form of copyrighted legal information and writing. Client understands and acknowledges that he/she is being granted a limited, revocable license to make the appropriate suggested edits to the Template(s) purchased and use the Template(s) purchased as directed, whether they are on display on Client’s website, or being used in connection with Client’s services as a coach or online entrepreneur. Client understands that this information is not to be openly shared with others who have not purchased Drafter’s Templates, and Client agrees not to share, copy, use as his/her own material, or repurpose and use in his/her own coaching business without express written permission of Service Provider, or otherwise disclose or use any information provided to Client by virtue of his/her purchase of Templates.
    2. Client also understands that this limited license may be revoked at any time, without refund, should Service Provider become aware of facts suggesting or confirming that Client has engaged in infringing misuse of the Templates, or otherwise made the Template(s) available to anyone who has not purchased Templates. Client understands that should his/her license to use purchased Templates become revoked, he/she does not have a cause of action against Service Provider, understands and agrees that his/her limited license will be revoked without refund or reimbursement of funds paid, and agrees that he/she was made aware of the consequences of distributing or otherwise engaging in unauthorized sharing of Templates prior to choosing to engage in such action.

 

  1. Testimonials
    1. Client understands that following his or her use of Templates, Service Provider may request Client provide a testimonial to be published on Service Provider’s website, or on various sales materials for this or any other program or product created by Christy Westerfeld. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship if Client refuses testimonial.
    2. If Client accepts and provides Service Provider with a testimonial, Client understands the material, along with a photo of Client, will likely be published on www.christywesterfeld.com or other locations or pages. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Service Provider’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial.

 

  1. Payment
    1. Client understands the cost of each Template is clearly marked on the Website, whether selected individually or as part of a bundle. This payment is payable up front, in full. Client understands he/she is responsible for the full payment and agrees to pay the total sum requested on www.christywesterfeld.com electronically, via the website, in full.

 

  1. Payment Plan
    1. If Service Provider has offered a payment plan, or if Service Provider and Client have otherwise arranged a payment plan, Client agrees to be bound by the terms of the Payment Plan Addendum, if applicable, and understands he/she may become susceptible to late fees or discontinuation of access to the membership site or Templates, should payments not be made per the agreed upon schedule. If Client fails to make the remaining payments of a payment plan offered for the Beginners’ Bundle, she understands she may be liable for additional fees, discontinuation of access to templates, and may owe Service Provider damages beyond that which she initially agreed to pay.
  2. Refunds
    1. As Client will have access to the purchased Template via the membership site immediately upon purchase, and will be able to download and utilize the purchased Template, Service Provider is unable to control what happens to the Template following Client’s purchase of same. Therefore, unless Service Provider is unable to offer the Template(s) purchased by Client and Client does not end up with the Template purchased, Service Provider is not able to offer refunds once a Template has been purchased. Should any technical issues arise following purchase of one of more Templates, Client understands and agrees she/he will contact info@christywesterfeld.com for further customer service and troubleshooting.

 

  1. Membership Site
    1. Once Client completes purchase of one or more Templates, Client will then be directed to Service Provider’s membership site, and instructed to create a username and password. Once logged in, Client will have access to the Template(s) purchased, to be downloaded and used. Please note documents may not be available in perpetuity on membership site, so please act efficiently in downloading and saving Template(s) purchased.
    2. Client understands Service Provider is not responsible for Client’s username and password, if the account is hacked by an unknown third party, or if Client chooses to give out his/her credentials to someone else. If Client elects to disclose his/her username and password to a third party, and such third party thereafter downloads and proceeds to illegally utilize proprietary information and intellectual property of Christy Westerfeld, including Templates, Client may be held responsible for the disclosure of information, and agrees to provide any and all assistance to Christy Westerfeld and team in order to correct the illegal use of property. If this occurs, client also understands his or her access to the membership site will be immediately revoked without refund, and Client may lose access to purchased materials.

 

  1. Disclaimer
    1. Client understands that any Templates purchased through christywesterfeld.com are solely to provide educational information to those wishing to view or use it. Service Provider cannot and does not guarantee any type of specific results, outcomes, changes, protections, or gains through use of our Templates, whether legal, financial, or otherwise, nor are we making any guarantees regarding the success of Client’s business, any coaching program, or any results stemming therefrom. Client understand and agree to this, and acknowledge that his/her use of any information contained within one or more Templates herein is purely voluntary, and at Client’s own risk.
    2. Client understands and agrees that Templates produced are not to be relied upon in any way as legal, financial, or business advice, nor are the Templates intended to take the place of professional advice received via a consultation with a local lawyer, financial advisor, business consultant, or other expert regarding the details of Client’s specific business or legal/financial issue(s). Client is encouraged to consult with his/her own professional for any questions Client may have regarding his/her particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address his/her own individual situation.
    3. Client understands and agrees that his/her decision to visit our website, purchase one or more Templates, and incorporate them into his/her business is purely voluntary, and Client understand Service Provider is not responsible or liable for any harm or damage to Client or Client’s business resulting from direct or indirect use of one or more Templates. Client agrees to hold Christy Westerfeld, as an individual and Sole Proprietor, harmless from any damages directly or indirectly resulting from Client’s use of one more Templates on Client’s website or in the course and scope of his/her business, and agrees he/she will not make any claims against Service Provider, Christy Westerfeld, or the company herein.
    4. While Service Provider and her team will act in their full capacity to ensure your satisfaction with any Templates purchased, Client acknowledges and agrees that services provided by Service Provider to Client, purchased via christywesterfeld.com are provided without any representation or warranties regarding quality, specific results or guarantees, fitness for use in specific states or countries, noninfringement of materials, or relief from legal action. Client understands Service Provider is not and cannot guarantee any specific or general results from use of one or more Templates, and Client understands that he/she has no expectation of any particular or specific results or outcomes as a result of use of one or more Templates by Service Provider. Client understands and agrees he/she is choosing to purchase this/these Template(s) freely and voluntarily, and understands he/she has no claims against Christy Westerfeld, Service Provider, or www.christywesterfeld.com should any unexpected or unfavorable results stem from use of a Template.
    5. Client agrees to hold Service Provider harmless should any injury occur – physical, financial, emotional, or otherwise –as a direct or indirect result of using one or more Templates. The information provided in each Template is information that has worked for Service Provider and other clients, and may or may not be useful to you in your business or geographical location. Client understands Service Provider cannot guarantee any specific results or outcomes from use of her Templates, and Client has no expectation of a specific result that he/she holds Service Provider responsible for.

 

  1. Intellectual Property
    1. Client understands that Service Provider maintains all copyrights and intellectual property rights in the Templates created, regardless of any edits/updates completed by Client to personalize the document as instructed by Service Provider. Client understands he/she does not gain any intellectual property rights in a Template once it has been edited to reflect Client’s personal information, and agrees not to seek ownership of any portion of the Intellectual Property rights contained within Templates, owned by Service Provider.
    2. Client also acknowledges and understands that Service Provider maintains any and all copyrights and intellectual property rights in any additional information provided to Client via telephone including additional legal information, outlines, any information spoken on webinars, or on membership site or any Facebook group now in use or created at later date in the future. Nothing in this agreement shall transfer ownership of or rights to any intellectual property of Service Provider to the Client, nor grant any license to use materials, other than that which is specifically outlined in this Agreement or in each Template.
    3. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
    4. Limited License: Client understands that in purchasing one or more Templates from Service Provider, she/he is gaining access to view an editable, manipulatable document, drafted and owned by Christy Westerfeld, as well as any additional information or content shared with him/her by Service Provider. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the Template(s) and information provided to be used for their specific, designated purpose only. As a “Licensee,” Client understands and agrees to not:
      1. Copy, edit, distribute, duplicate or steal any information from Templates or through discussions with Service Provider without written permission by Service Provider;
      2. Post, distribute, copy, steal or otherwise use any portion of the Template or its content, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
  • Claim any content or portion of Template or information otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Service Provider was Client’s work, and use in his/her business as his/her own.
  1. Share purchased materials or information with others who have not purchased them.
  2. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

 

  1. Online Purchases
    1. Client understands that in order to complete payment for purchase of one or more Templates, he/she will be required to provide information about his/herself, including name, address, credit card information, method of payment, billing information, and other personally identifiable information. This information may be collected by us, as well as our payment processing company. Client also understands and agrees that any information provided by Client is true and accurate, to be relied upon by Service Provider and our team in processing payment and delivering our products to Client. Should Client’s payment fail to process, we reserve the right to withhold the purchased product from Client unless and until payment is properly rendered.
    2. We will take reasonable precautions and take measures to keep any information obtained by Client in connection with the purchase of Templates private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, Client agrees and understands we are not liable for any unauthorized access to or use of Client information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if Christy Westerfeld was made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.
    3. Client also acknowledges and agrees that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When Client makes a purchase on our Website, he/she may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company. For more information, we encourage Client to visit the website of the payment processing company, and read their policies and terms and conditions as well. Client agrees to release us as well as the payment processing company we choose from any damages he/she incurs as a result of this process, and agrees not to file or assert any claims against us or the payment processing company arising from Client’s purchase of a Template.
    4. Client acknowledges and understands that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, Client agrees and represents that any information provided to us in order to purchase Template, will be accurate and current, and belong to Client. Client understands he/she may not hold him/herself out as someone else or use anyone else’s information, and agrees to bear the consequences should he/she use anyone else’s information as his/her own. Should client choose to impersonate another, he/she understand this may constitute a legal violation and understand and agree he/she will be financially responsible for any consequences therein, and agree to hold Christy Westerfeld and christywestefeld.com harmless from any resulting legal action.
    5. Client also agrees that he/she is to remain financially responsible for any purchases made through christywesterfeld.com of Templates by Client or any other person acting on Client’s behalf, regardless of the information provided at checkout. Should information become available at a later date confirming Client performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, or that the payment information was not valid, Client understands and agrees that Client remains financially responsible for any and all purchases made, without exception.

 

  1. Indemnification
    1. Client agrees at all times to defend, fully indemnify and hold harmless Christy Westerfeld, christywesterfeld.com, and any affiliates, agents, team members or other party associated with Christy Westerfeld from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of our Templates. Should we be required to defend ourselves in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit our defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
    2. Client understands he/she is voluntarily deciding to utilize one or more Template(s) available for purchase, and understands we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found within one or more Templates. Client also agrees to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained within our Templates.

 

  1. Limitation of Liability
  2. Client understands and agrees that the information offered in Template form available for purchase via christywesterfeld.com is general information that may or may not be suitable for all businesses, locations, countries, or persons in specific situations. Client understands that Service Provider is unable to individually consult with any and all clients, and agrees that his/her decision to purchase, complete, and/or use Templates offered is purely voluntary. Client agrees to consult with his/her own local professional should he/she have any specific questions pertaining to the applicability of the information to Client’s specific business or personal situation. Client understands and agrees that we have no way of knowing a Template’s specific applicability to Client’s business, and Client agrees and understands he/she will hold Christy Westerfeld harmless from any direct or indirect damages or harm as a result of choosing to utilize information purchased from our website, including but not limited to general, specific, incidental, consequential, punitive, or special damages.
  3. We are not responsible for any result stemming from Client’s decision to use information provided by us, nor are we responsible for Client’s legal protection, income or finances, earnings, business, clientele, client base, or any other result, nor is Christy Westerfeld responsible for any loss incurred by Client’s business including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue and Client agrees we are not liable for any such damages or losses incurring therefrom.
  4. Client also understand and agrees that Christy Westerfeld and christywesterfeld.com make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of the Templates purchased. By use of this Website or membership site, all users agree and understand that use of content and information found herein is to be used at his/her own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.

 

  1. Release of Claims
    1. Client also agrees that under no circumstances will we be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on the Templates utilized, and Client hereby release us from any and all claims whether known now or discovered in the future.

 

  1. Dispute Resolution
  2. This Agreement shall be governed by the laws of the State of California regardless of location of Client or any conflict of law principles. Should any dispute arise, Client and Service Provider agree to engage in good faith informal negotiations to resolve the dispute or misunderstanding. If resolution is not possible, Client agrees to resolve any claim or controversy arising out of or relating to this Agreement by Mediation in Los Angeles, California, by the American Arbitration Association, Dispute Resolution Services, and agree to cooperate in order to expedite and properly complete the Arbitration process within a timely fashion. The written decision of the arbitrators will be binding and conclusive, and not subject to judicial review. Client also agree to participate in good faith in the mediation process, with failure to do so creating our right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.
  3. Should an arbitrator determine any portion of these Terms of Use is invalid or otherwise unenforceable, Client agrees all remaining portions of thus Agreement shall remain valid and unaffected by the removal of any portion of the invalid or unenforceable portion.
  4. This Agreement is not to be altered, amended, changed, extended, or considered waived – in whole or in part – without execution of an additional agreement signed by Client and Service Provider specifically referencing these Terms of Use and the edits or amendments to be made on a one-time basis. This agreement constitutes the full, complete, entire agreement between Client and Service Provider with respect to the purchase and use of the Template(s) Client has purchased, and supersedes any other agreement, with the exception of any other separate agreements. Nothing on our Website nor any communications between Client and Service Provider is to be construed as a waiver of any of the above, nor shall Christy Westerfeld be deemed to have waived any portion of these Terms of Use absent express, written information by Christy Westerfeld expressly stating otherwise.

Updated September 2017