Sam Vander Wielen LLC + samvanderwielen.com Terms & Conditions
Please read these Terms & Conditions carefully and in their entirety before using samvanderwielen.com (hereinafter referred to as the “Site”). The Site and its content are owned by Sam Vander Wielen LLC.
PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or Downloading any course, program, service, or product offered on the Site.
IMPORTANT NOTE: By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read (or had the opportunity to read and chose not to), understood, and consented to these Terms & Conditions. If you have any questions, please contact us at [email protected]elen.com.
Finally, you must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.
These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us in Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 20 and voluntarily waive your right to a jury trial.
By using the Site, Courses, Services, and/or Products, you hereby agree to the following:
- “Company”, “We”, “I”, “Our”, or “Us” means Sam Vander Wielen LLC, Sam Vander Wielen (in her capacity as Managing Member of Sam Vander Wielen LLC), and samvanderwielen.com.
- “Content” means any and all written, visual, video, or audio information contained on samvanderwielen.com, including, but not limited to, any and all emails received from Sam Vander Wielen, Sam Vander Wielen LLC, or samvanderwielen.com, and any and all written or Downloadable material Purchased, viewed, or otherwise offered on samvanderwielen.com, such as blog posts, graphics, designs, documents, information, templates, and materials.
“Purchase”, “Purchased”, “Purchasing”, “Download”, “Downloaded”, or “Downloading” means any Content (as defined herein) or Courses, Services, and/or Products (as defined herein) you paid for and/or copied to your computer, hard drive, cloud system, or another process of downloading data, from this Site and/or its Courses, Services, and/or Products (as defined herein).
- “Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a single person, or to identify an individual in context. For example, personal information includes your name, address, email address, telephone number, etc.
- “Site, Courses, Services, and/or Products” means samvanderwielen.com, Content, email list, social media posts, blog posts, courses, coaching services, BizStorming Sessions, DIY legal templates, contracts, forms, or guides, guides, eBooks, forms, worksheets, workbooks, website materials, and/or templates available on the Site.
- “Site” means samvanderwielen.com and any and all of its pages, tabs, or sub-pages and “Content”, as defined herein.
- “You” or “Your” means the user, customer, or viewer of the Site.
3. Site Rules
By using the Site and/or making any Purchase, you hereby agree & consent not to:
- Abuse or harass any person through or on the Site.
- Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes any intellectual property rights of us or another person or company.
- Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
- Post or transmit any “spam” or unwanted, unsolicited content.
- Post copyrighted materials, photographs, or content which do not belong to you.
- Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
- Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
4. We Are Not In an Attorney-Client Relationship:
By browsing, visiting, Purchasing, Downloading, or otherwise viewing the Site, Courses, Services, and/or Products including, but not limited to, DIY legal templates, documents, contracts, and/or forms, you understand and agree that Sam Vander Wielen LLC and/or Sam Vander Wielen are not your attorneys and do not legally represent you in any way, for any issue.
We do not offer to create any formal attorney-client relationship on this Site. A formal attorney-client relationship is only created once you have entered into a specific and separate written agreement (called an “Engagement Letter”). Sam Vander Wielen does not offer to enter into these relationships, or to sign Engagement Letters, on the Site or anywhere else. Therefore, you are not in an attorney-client relationship with Sam Vander Wielen or Sam Vander Wielen LLC by browsing, visiting, using, Purchasing, Downloading, or otherwise viewing the Site, Courses, Services, and/or Products.
You are also not in an attorney-client relationship with Sam Vander Wielen or Sam Vander Wielen LLC if you email Sam, use the contact form on the Site, or contact her or her team through social media or any other channels.
Sam Vander Wielen is an attorney licensed by the State of New Jersey and the Commonwealth of Pennsylvania.
5. This Site and Its Content Do Not Constitute Legal or Financial Advice:
The Site and its Content do not constitute legal or financial advice. The Site, Courses, Services, and/or Products are informational only. The Site and its Content are solely for informational purposes. Our goal is to arm you with enough information to run your own business without having to spend thousands of dollars on professionals. The information on the Site and its Content are NOT a substitute for the advice of a local attorney licensed in your state (where you live and do business), an accountant, mental health counselor, therapist, medical provider, or other professional.
Please note: although the Site and its Courses, Services, and Products were and are prepared to the best of our ability, we are not responsible for any mistakes, errors, omissions, or any missing or incorrect federal, state, or business-specific provisions. That is why Sam Vander Wielen LLC advises you to have a local attorney or professional review all DIY templates and/or documents you Purchase, or create using information, from the Site. Therefore, Sam Vander Wielen LLC and Sam Vander Wielen are not liable or responsible for any damages or losses which arise from the use or Purchase of anything from the Site Courses, Services, and/or Products.
6. Local Attorney Review Recommended & Advised:
WE DO NOT GUARANTEE THAT DIY LEGAL TEMPLATES COVER ALL OF YOUR SPECIFIC CIRCUMSTANCES, ISSUES, OR STATE LAWS. That is why we recommend you have an attorney review yours.
Each state has different laws regarding contracts, business, services, taxes, etc. Those laws are always evolving, changing, and being interpreted by the Courts of that state. Therefore, it is impossible for us to include state-specific provisions in each of our Courses, Services, and Products, including the DIY legal documents. Please understand that we do not represent that each DIY legal document or our other Courses, Services, and Products are specifically designed or tailored to your state, or that they accurately depict what is or is not required by your state and its laws.
Before using your DIY templates with clients or online, we recommend you consult a local attorney, licensed in the state where you live and do business, to review any and all templates, guides, forms, or contracts from the Site you Purchase and prepare yourself, including the DIY legal documents. A local attorney will be able to review any and all documents you have Purchased from the Site and its Courses, Services, and Products to tell you whether the document covers you, your business, and your legal needs.
BY MAKING A PURCHASE FROM THE SITE, OR ITS COURSES, SERVICES, AND/OR PRODUCTS, you acknowledge that you have the right and ability to speak, consult, or work with an attorney licensed in your state and/or where you do business prior to Purchase or Download.
7. Changes To These Terms & Conditions:
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase any products from us.
By using this Site or Purchasing or Downloading Sam Vander Wielen LLC’s Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
8. Links to Third-Party or External Websites:
9. Intellectual Property Ownership:
The Site and its Content are intellectual property solely owned by Sam Vander Wielen LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
10. Our Limited License to You:
If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site and its Content have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site and its Content are extremely valuable to us, both professionally and personally, and we take the protection of the Site and its Content very seriously.
11. Your License to Us:
By commenting on the Site, or submitting documents to Sam Vander Wielen via Sam Vander Wielen LLC via email or social media, you represent that you are the lawful owner of said documents and the information they contain.
12. Purchase & Access Terms:
If and when you Purchase or Download anything from the Site, Courses, Services, and/or Products, or view the Site’s Content, you agree and understand that you cannot distribute, copy, forward, or share information prohibited by these Terms & Conditions. This means you may not Purchase a guide, document, DIY template, eBook, or anything else defined as Content and forward (by email or in person), share, copy, or print out any Content for anyone other than yourself. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials. Any violations of these Terms & Conditions, will be legally pursued to the fullest extent permitted by law.
13. Sharing the Site & Its Content:
You must request and receive written permission by email ([email protected]) before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Sam Vander Wielen LLC.
14. YOUR Assumption of the Risk:
As a Licensee, you agree and understand that you are to use your best judgment in the use of our Site, its Content, and the Courses, Services, and Products. You agree that you are using the Site, Courses, Services, and/or Products at your own risk and that you assume all risks. You further agree that no results have been guaranteed by us or the Site, Courses, Services, and/or Products. Purchases and use of the Site, Courses, Services, and/or Products ARE AT YOUR OWN RISK. It is your responsibility to determine whether the risk of Purchase is worth taking.
This Site is purely educational and informational in nature. You, and no one else, are solely responsible for your behavior, actions, Purchases, decisions, client relationships/interactions, business decisions, and business results based on the use, or misuse, of the Site, Courses, Services, and/or Products, and its Content – including any Purchase you make.
We are not responsible for your personal actions, decisions, indecisions, or choices at any time. You will not hold, or try to hold, Sam Vander Wielen LLC responsible or liable at any time for your use of the Site or your Purchase, Download, use, or implementation of any of Sam Vander Wielen LLC’s Courses, Services, and Products, including the DIY legal documents, documents, or forms.
You acknowledge that you have used your own assessment of the risk when using the Site or purchasing, Downloading, or using Sam Vander Wielen LLC’s Courses, Services, and Products, including the DIY legal templates. You understand the Terms & Conditions herein, as well as the fact that you could have a local attorney draft these documents for you instead.
You acknowledge that you have the right and ability to speak, consult, or work with an attorney licensed in your state or where you do business prior to Purchasing or Downloading anything from the Site or its Courses, Services, and Products.
15. No Claims Made Regarding Results:
Any and all statements or examples, including, but not limited to, testimonials, used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person’s business and circumstances are unique. Given the complexity of business and marketing, there are so many factors at play regarding whether or not your business will, among other things, succeed, make money, or attract clients. Sam Vander Wielen LLC is not responsible or liable for the success or failure of your business or your business actions, decisions, or lawsuits of any kind.
16. DISCLAIMER – No Warrantees, Guarantees, or Representations Are Being Made:
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download in any way. We do not make any guarantees as to whether your Purchase will be enforceable, free of mistakes, will cover all of your particular circumstances, or whether you will experience any success (in Court or otherwise) while using anything from the Site, Courses, Services, and/or Products, Purchase, and/or Download. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied.
17. Your Release of Us:
By using the Site or Purchasing, Downloading, or using Sam Vander Wielen LLC’s Courses, Services, and Products, including, but not limited to, the DIY legal templates, you agree to release, forgive, and forever discharge Sam Vander Wielen LLC, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
18. Errors & Omissions Regarding Purchases & Content:
Every effort is made to provide up-to-date accurate information in blog posts and on various information pages contained on the Site. However, due to the ever-evolving law and public policies, Sam Vander Wielen LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with an attorney of your own to ensure that all information you receive, act upon, or rely on is accurate and up-to-date.
19. Our Refund Policy:
Of course, Sam Vander Wielen LLC wants its customers to be happy! However, due to the Downloadable nature of our Courses, Services, and Products, including the DIY legal templates, we are unable to offer you a refund once you have Downloaded said item. By purchasing and/or Downloading any of our Courses, Services, and Products, including the DIY legal templates, you agree and understand that sales are final and that no refunds will be given.
If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Sam at [email protected].
20. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Site or Sam Vander Wielen LLC’s Courses, Services, and/or Products (including Purchases or Downloads and DIY legal templates), please contact us directly first by emailing Sam at [email protected].
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Sam Vander Wielen LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agreed and understand that you are waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Philadelphia, Pennsylvania.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court. The only award that can be issued to you is a refund of any payment made to Sam Vander Wielen LLC for the applicable Product or Download, including the DIY legal templates. You are not permitted to seek additional damages, including consequential or punitive damages.
21. Consent to Governing Law or Choice of Law:
22. Consent to Jurisdiction:
23. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of New Jersey for such persons, and you waive any objection which you might otherwise have to service of process under the Laws of the State of New Jersey.
24. Your Privacy & Security on the Site:
25. Payment & Purchases:
When you Purchase or Download one of our Courses, Services, and Products from the Site, including the DIY legal templates, you may choose to pay via PayPal or credit card. By doing so, you give Sam Vander Wielen LLC and the Site permission to automatically charge your credit card or PayPal account for payment of your Purchased Courses, Services, and Products, including the DIY legal templates. You will receive an electronic receipt following your Purchase, which you should retain for your records. If you elect the installment or “pay over time” option at checkout, you agree that Sam Vander Wielen LLC has permission to automatically charge, without checking or corresponding with you before each transaction, the amount due at the time agreed upon at checkout.
If you elect the installment or “pay over time” payment option at checkout, and your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products, including the DIY legal templates. Please note, in the event your credit card or PayPal account is declined at any time, you are still responsible for the full cost of the Courses, Services, and Products, including the DIY legal templates.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, including the DIY legal templates, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies and merchants may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies and merchants. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us, our payment processing services, and merchants from any and all damages in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
26. Limitation of Liability:
Sam Vander Wielen LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from the information you receive from this Site, or its Courses, Services, and/or Products, and Purchases/Downloads, including the DIY legal templates. We do not assume liability for damages, lost profits, delays, business losses, business disputes or lawsuits, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, of you or any business you own or operate, are employed by, or are in any way a part of. In the event you Download or Purchase anything from our Site or one of our Courses, Services, and Products, we are in no way responsible or liable.
27. Defense & Indemnification
28. Termination of Your Use
If there are any questions regarding these Terms & Conditions, you may contact us using the following information:
- Website: samvanderwielen.com (see contact form)
- Email: [email protected]
30. Entire Agreement
Last Updated on April 19, 2018
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