Fillable Printable Sample Terms and Conditions Template

Sample Terms and Conditions Template

TERMS AND CONDITIONS TEMPLATE

BY VISITING WWW.SOPHIECOACH.ORG, YOU ARE CONSENTING TO OUR TERMS AND

CONDITIONS.

OVERVIEW

The terms “we,” “us,” and “our” refer to SOPHIE WILLIAMS. The term the “Site” refers to

WWW.SOPHIECOACH.ORG. The terms “user,” “you,” and “your” refer to site visitors, customers, and

any other users of the site.

WE PROVIDE A BLOG, DIGITAL PRODUCTS FOR SALE, PHYSICAL PRODUCTS FOR SALE,

MEMBERSHIP SITE, (the “Service”).

Use of SOPHIECOACH.ORG, including all materials presented herein and all online services provided

by SOPHIE COACH, is subject to the following Terms and Conditions. These Terms and Conditions

apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you

agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and

authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from

using the Site. Information provided on the Site and in the Service related to health, healing and

wellbeing and other information are subject to change. SOPHIE COACH makes no representation or

warranty that the information provided, regardless of its source (the “Content”), is accurate, complete,

reliable, current, or error-free. SOPHIE COACH disclaims all liability for any inaccuracy, error, or

incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your

name, email address, username and password, and other personal information. You agree that any

registration information you give to SOPHIE COACH will always be accurate, correct, and up to date.

You must not impersonate someone else or provide account information or an email address other than

your own. Your account must not be used for any illegal or unauthoriSed purpose. You must not, in the

use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for

all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site

and to purchase services or products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of

others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights,

vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or

instructions, which encourages conduct that would constitute a criminal offense, give rise to civil

liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to

refuse service to any order, person or entity, without the obligation to assign reason for doing so. No

order is deemed accepted by us until payment has been processed. We may at any time change or

discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous

responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION2

We will email you to confirm the placement of your order and with details concerning product delivery.

In the event that there is an error in this email confirmation, it is your responsibility to inform us as

soon as possible.

CANCELLATIONS, REFUNDS & RETURNS2

REFUND POLICTY: ALL SERVICES AND PRODUCTS ARE NON-REFUNDABLE. ALL SALES ARE FINAL.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear

as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or

error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to

refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any information, artwork, photos, or

other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right

without the express written permission of the owner of the copyright, trademark, or other proprietary

right, and the burden of determining that any Materials are not so protected rests entirely with you. You

shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other

proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by

you to the Site, you automatically represent or warrant that you have the authority to use and distribute

the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations,

or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Sophie Coach. You retain

or Service. Content you submit to Sophie Coach remains yours to the extent that you have any legal

claims therein. You agree to hold Sophie Coach harmless from and against all claims, liabilities, and

expenses arising out of any potential or actual copyright or trademark misappropriation or infringement

claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive,

irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Sophie Coach, including trademarks,

copyrights, proprietary information, and other intellectual property. You may not modify, publish,

transmit, participate in the transfer or sale of, create derivative works from, distribute, display,

reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service

Content or intellectual property, in whole or in part, without our prior written consent. We reserve the

right to immediately remove you from the Service, without refund, if you are caught violating this

intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately

upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or

Service by you after being notified means you accept these amendments. We reserve the right to update

any portion of our Site and Service, including these Terms and Conditions, at any time. We will

post the most recent versions to the Site and list the effective dates on the pages of our Terms and

Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT,

INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY

OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE.

ADDITIONALLY, SOPHIE COACH IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH

(I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK,

INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,

COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED

PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF,

DESTRUCTION OF, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF YOUR

INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS

NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY

ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL

LIABILITY. THE FOREGOING APPLIES EVEN IF [INSERT YOUR COMPANY NAME] HAS

BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN

THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY

FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT

PERMITTED BY LAW. IN NO EVENT SHALL SOPHIE COACH’S CUMULATIVE LIABILITY

TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED

FROM SOPHIE COACH, AND IF NO PURCHASE HAS BEEN MADE BY YOU SOPHIE

COACH’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and

agree that we are not responsible or liable for the availability, accuracy, content, or policies of third

party websites or resources. Links to such websites or resources do not imply any endorsement by or

affiliation with Sophie Coach. You acknowledge sole responsibility for and assume all risk arising from

your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements,

liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action,

including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms

and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance,

without charge, as we may request in connection with any such defense, including, without limitation,

providing us with such information, documents, records, and reasonable access to you, as we deem

necessary. You shall not settle any third party claim or waive any defense without our prior written

consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for

convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Sophie Coach pertaining to the Site

and Service and supersedes all prior and contemporaneous agreements, representations, and

understandings between us. No waiver of any of the provisions of this Agreement by Sophie Coach

shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall

any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by

Sophie Coach

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and

properly addressed as follows:

Sophie Williams, Healthworks, Western Road, Stratford-Upon Avon, CV37 0AH, [email protected]

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of England as applied

to contracts that are executed and performed entirely in England. The exclusive venue for any

arbitration or court proceeding based on or arising out of this Agreement shall be Warwickshire. The

parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this

Agreement by mediation, which shall be conducted under the then current mediation procedures of The

CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may

agree. The parties further agree that their respective good faith participation in mediation is a condition

precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or

other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this

Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with

any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to

recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to

any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of

competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in

full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These

Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you.

Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: November 2014