{"id":54,"date":"2016-11-14T08:48:55","date_gmt":"2016-11-14T14:48:55","guid":{"rendered":"http:\/\/yourtechspert.com\/?page_id=54"},"modified":"2017-09-26T15:04:10","modified_gmt":"2017-09-26T20:04:10","slug":"terms","status":"publish","type":"page","link":"https:\/\/members.christywesterfeld.com\/terms\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"

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Terms of Use<\/h1>\n

By Checking the Box and clicking the \u201cPurchase\u201d\u00a0 button, you (hereinafter \u201cClient\u201d) agree and understand you are purchasing legal information drafted by Christy Westerfeld, a California, Sole Proprietorship (hereinafter \u201cwe\u201d \u201cus\u201d \u201cService Provider\u201d). 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\u2019s 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.<\/p>\n

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  1. Template<\/strong>\n
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    1. Client agrees and understands that he\/she is purchasing one or more legal documents that may be used as directed on Client\u2019s website or in connection with a coaching program or online business. Client understands this product or products is\/are being purchased in \u201ctemplate\u201d 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 \u201cTemplate\u201d). 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.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

      \u00a0<\/strong><\/p>\n

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      1. Completing the Template <\/strong>\n
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        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<\/a>, 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.<\/li>\n
        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.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

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          1. Legal Disclaimer <\/strong>\n
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            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<\/a> is not a law firm, and does not engage in the practice of offering legal advice or retaining legal clients.<\/li>\n
            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.<\/li>\n
            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.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

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              1. Limited License <\/strong>\n
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                1. Client understands he or she is purchasing Template, which constitutes proprietary intellectual property belonging to Christy Westerfeld. Following Client\u2019s 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\u2019s website, or being used in connection with Client\u2019s 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\u2019s 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.<\/li>\n
                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.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

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                  1. Testimonials <\/strong>\n
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                    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\u2019s 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.<\/li>\n
                    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\u2019s rights to use Client\u2019s testimonial. No payment or additional services will be provided in return for Testimonial.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

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                      1. Payment<\/strong>\n
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                        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.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

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                          1. Payment Plan<\/strong>\n
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                            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\u2019 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.<\/li>\n<\/ol>\n<\/li>\n
                            2. Refunds <\/strong>\n
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                              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\u2019s 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<\/a> for further customer service and troubleshooting.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

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                                1. Membership Site<\/strong>\n
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                                  1. Once Client completes purchase of one or more Templates, Client will then be directed to Service Provider\u2019s 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.<\/li>\n
                                  2. Client understands Service Provider is not responsible for Client\u2019s 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.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

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                                    1. Disclaimer<\/strong>\n
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                                      1. Client understands that any Templates purchased through christywesterfeld.com<\/a> 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\u2019s 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\u2019s own risk.<\/li>\n
                                      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\u2019s 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.<\/li>\n
                                      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\u2019s 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\u2019s use of one more Templates on Client\u2019s 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.<\/li>\n
                                      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<\/a> 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<\/a> should any unexpected or unfavorable results stem from use of a Template.<\/li>\n
                                      5. Client agrees to hold Service Provider harmless should any injury occur \u2013 physical, financial, emotional, or otherwise \u2013as 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.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

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                                        1. Intellectual Property <\/strong>\n
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                                          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\u2019s personal information, and agrees not to seek ownership of any portion of the Intellectual Property rights contained within Templates, owned by Service Provider.<\/li>\n
                                          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.<\/li>\n
                                          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\u2019s express written consent.\u00a0If such behavior is discovered or suspected, Coach reserves the right to immediately end Client\u2019s 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.<\/li>\n
                                          4. Limited License<\/strong>: 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 \u201cLicensee,\u201d Client understands and agrees to not:\n
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                                            1. Copy, edit, distribute, duplicate or steal any information from Templates or through discussions with Service Provider without written permission by Service Provider;<\/li>\n
                                            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.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n