TERMS OF USE
the Ultimate Bundle™
(hereinafter referred to as the “Program”)
You must read and agree to these Terms of Use for the Ultimate Bundle™ program (hereinafter referred to as the “Program”) carefully and in their entirety before purchasing and/or using the Program. The Program and its content are owned by Sam Vander Wielen LLC.
By purchasing and/or using the Program, you implicitly hereby agree to be legally bound by the following:
- DEFINITIONS USED HEREIN:
“Company”, “We”, “I”, “Our”, or “Us” means Sam Vander Wielen LLC, owned by Sam Vander Wielen.
“Participation”, “Participating”, “Using”, or “Use” means reading, purchasing, watching, listening to, implementing, trying, or otherwise engaging in the Program.
“Purchaser” means you, the person purchasing the Ultimate Bundle™.
“Program” or “Bundle” means the Ultimate Bundle™.
“You” or “Your” means the purchaser and/or person using the Program.
2. CONSENT TO THESE TERMS OF USE:
By purchasing and using the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
3. DISCLAIMER:
By participating in the Program, you understand that Sam Vander Wielen is a licensed attorney in the State of New Jersey and Commonwealth of Pennsylvania — however, she does not practice law and will not give you legal advice pertaining to you, your business, or your personal situation. Sam Vander Wielen is never your attorney. You can only get legal advice from a local-to-you licensed attorney.
This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. You should consult with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.
4. NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US
We do not offer to create any formal attorney-client relationship with you in the Program. 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, in the Program or anywhere else in her business. Therefore, you are not in an attorney-client relationship with Sam Vander Wielen or Sam Vander Wielen LLC by purchasing the Program.
5. CONSULT WITH YOUR OWN ATTORNEY
WE DO NOT GUARANTEE THAT THE PROGRAM COVERS ALL OF YOUR SPECIFIC CIRCUMSTANCES, ISSUES, OR STATE LAWS. Always consult with a local licensed attorney near you.
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 the Program. Please understand that we do not represent that the Program is specifically designed or tailored to your state (or any state in particular), or that it accurately depicts what is or is not required by your state and its laws.
We always 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 you purchase from Us and prepare yourself, including the DIY legal templates. A local attorney will be able to tell you what you, your business, and your situation needs based on where you live and work.
BY PURCHASING THE PROGRAM, you acknowledge you have the right and ability to speak, hire, consult, and/or work with an attorney licensed in your state and/or where you do business prior to purchasing the Program.
6. ASSUMPTION OF THE RISK
You should use your best judgment in using the information provided in the Program. Purchase the Program at your own risk after careful consideration of whether the Program is best for you and suits your needs.
It’s your responsibility to discern the risk of purchasing the Program and/or implementing its templates or content. By purchasing the Program, you’re assuming responsibility for your actions, choices, or lack thereof, related to the Program.
7. INTELLECTUAL PROPERTY OWNERSHIP
You agree by use and/or purchase of the Program that the Program and its content, including, but not limited to, all video modules, lessons, tips, legal templates, tutorials, copy, lectures, handouts, printables, video material, audio material, are intellectual property owned by Sam Vander Wielen LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of Sam Vander Wielen.
Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances.
8. NO SHARING ALLOWED:
You cannot distribute, copy, forward, give access to, and/or share the Program, the DIY legal templates contained therein, or its content with anyone else. Any violations of this policy will be legally pursued to the fullest extent permitted by law.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued and no future access will be permitted.
9. NO CLAIMS MADE REGARDING RESULTS:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person’s circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program.
10. DISCLAIMER – No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
11. YOUR RELEASE OF US, INDEMNIFICATION, AND HOLD HARMLESS:
To the fullest extent permitted by law, Sam Vander Wielen LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Sam Vander Wielen LLC from any and all claims.
By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Sam Vander Wielen LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Sam Vander Wielen LLC as stated in this section herein.
12. REFUND POLICY:
- NO REFUNDS
No refunds will be issued under any circumstances due to the instant-downloadable nature of the legal templates and amazing video content inside.
If you select a payment plan, there are no refunds or cancellations of the payment plan offered. The payment plans are simply an opportunity to pay for the Program over time.
- NO CHARGEBACKS
The Purchaser will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
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 us at [email protected].
13. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing us 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 agree and understand that you’re 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 50 miles of Stony Brook, New York, U.S.A.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of New York. The only award that can be issued to you is a refund of any payment made to Sam Vander Wielen LLC for the Program.
You are not permitted to seek additional damages, including consequential or punitive damages.
14. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
- General Payment Terms:
When you pay for the Program by credit card, you authorize and give permission to Sam Vander Wielen LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal, Stripe, or Teachable (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Sam Vander Wielen LLC is not responsible for the merchant’s independent policies or practices.
- Payment Plan Terms / Failed Payment Procedures:
Should you choose to purchase the Program via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged 30-days apart for either 8- or 12-months (depending on the payment plan option chosen at checkout) to complete your total payment.
The payment plan is NOT a subscription service — it’s a courtesy extended to you to allow you to pay for the Program over a period of time instead of all at once. You are responsible for all of the payments in your payment plan until the Program is paid for in full. By choosing the Payment Plan, you agree and understand that ALL 8- or 12-monthly payments are owed in full. There are no exceptions. No refund and/or cancellation requests or stop payments will be granted or accepted.
If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to Sam Vander Wielen LLC to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.
- Failed Payment Plan Payments / Re-charge procedures:
By signing up for the payment plan, your card will automatically be re-charged 30-days apart for your remaining payments. Please plan accordingly.
If your payment-plan payment fails on the 1st attempt:
In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged after a one (1) day grace period to make your payment of the Program.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 1-day grace period to update your card information with any penalty or losing access to the Bundle.
After 2nd failed payment:
Your access to the Program will be temporarily suspended and you will not be able to access the Ultimate Bundle at all until you successfully complete your payment. We will attempt to re-charge your credit card in 3 days.
After 3rd failed payment:
Your access will still be suspended, pending your successful completion of your owed late payment. In 5 days, we’ll attempt to charge your card.
4th and final attempt to make payment:
If the 4th payment fails, you will be permanently removed from the Program and no refund will be given. The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. Once sent to collections,
When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Program terms.
- Access Reinstatement
If at any time your access to the Bundle is removed, it is your responsibility to notify the Company at [email protected] to regain access once your payment has been successfully completed.
15. 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 your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program, legal templates, and/or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
16. SEVERABILITY
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
By purchasing and/or participating in the Program you implicitly signify your agreement to all of the terms in these Terms of Use.
17. ENTIRE AGREEMENT
These Terms of Use contain the entire agreement between the Purchaser and the Company. There are no other promises or conditions in any other agreement (oral or written) between the Purchaser and the Company.
18. CHOICE OF LAW & VENUE
These Terms of Use shall be governed by the laws of the state of New York. Any action brought by any party arising out of or from these Terms shall be brought within the State of New York, County of Suffolk.
19. SOCIAL MEDIA & MARKETING RELEASE
The Purchaser agrees that the Company may lawfully use screenshots or re-shares of his/her posts, comments, or messages (Direct Messages “DMs” or otherwise) to promote the Ultimate Bundle across social media, its website, and to its email list. Where ever possible, only the Purchaser’s first name will be used (unless the comment/post was made publicly, in which case the entire comment/post may be used) without the Purchaser’s prior written consent.
20. PRICE ADJUSTMENTS & BONUSES
One price adjustment on full-priced purchases may be made within 14-days of the original date of purchase. Price adjustment requests will not be honored outside of this 14-day period.
And don’t even think about trying to steal these Terms of Use. I have code embedded and can easily find theft of these Terms online (no matter how many changes you make!) ; ) Theft will be pursued and prosecuted to the fullest extent possible.
21. UPDATES & FUTURE BONUSES
Updates to the core pack of legal templates included in the Bundle are included in the Purchase without any additional charges. However, additional or future bonuses, promotional materials or discounts that may not have been offered when you purchased the Program are not guaranteed to be provided to you after the 14-day price adjustment period.
If you have any questions about these Terms of Use, please contact us at [email protected]. Thank you!
Updated as of February 2, 2022
