By purchasing and/or using the Templates, you implicitly hereby agree to be legally bound by the following:
1. 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, using, editing, watching, listening to, implementing, trying, or otherwise engaging with the Templates.
“Templates” or “Template” or “Documents” or “Legal Templates” means the DIY Legal Templates for purchase and sale on samvanderwielen.com.
“You” or “Your” means the purchaser and/or person using the Templates.
By purchasing the Templates, 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.
The instruction provided with these Templates are for informational and educational purposes only. The information and education provided is not intended or implied to supplement or replace the professional advice of your own 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 Templates are up to date and/or accurate, we do not make any representation that the Templates are free of errors at all times. We do not assume any responsibility for accuracy of the Template’s content, information, or their safety or efficacy as it applies to you. We will not review the completed Templates for you.
4. NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US
Sam is not and never will be your lawyer.
Purchasing a Template or pack of Templates from her does not mean she is your lawyer or that she’ll give you legal advice. She won’t.
We do not offer to create any formal attorney-client relationship with you, even if you’ve purchased the Templates. 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 her business. Therefore, you are not in an attorney-client relationship with Sam Vander Wielen or Sam Vander Wielen LLC by purchasing the Templates.
5. CONSULT WITH YOUR OWN ATTORNEY
WE DO NOT GUARANTEE THAT THE TEMPLATES COVER ALL OF YOUR SPECIFIC CIRCUMSTANCES, ISSUES, OR STATE LAWS. Always consult with a local licensed attorney near you for full compliance.
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 Templates. Please understand that we do not represent that the Templates are specifically designed or tailored to your state (or any state in particular), or that they 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 the Templates you’ve purchased. 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 TEMPLATES, 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 Templates.
6. ASSUMPTION OF THE RISK
You should use your best judgment in using the information provided in the Templates. Purchase the Templates at your own risk after careful consideration of whether the Templates are best for you and suit your needs.
It’s your responsibility to discern the risk of purchasing and/or implementing the Templates. By purchasing the Templates, you’re assuming responsibility for your actions, choices, or lack thereof, related to the Templates.
7. INTELLECTUAL PROPERTY OWNERSHIP
The Templates and their content, including, but not limited to, all fill-in-the-blank documents, video modules, 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.
8. NO SHARING ALLOWED
You cannot distribute, copy, forward, give access to, and/or share the Templates or their content with anyone else other than yourself (the purchaser). 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 Templates, your access to the Templates will be removed immediately, 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 Templates. 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 Templates.
10. DISCLAIMER – No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Templates 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 Templates. The Templates are 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 Templates.
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 Templates, their materials, our website, or any other information obtained by you from us. By purchasing Templates, you hereby agree to this limitation of liability and release Sam Vander Wielen LLC from any and all claims.
By purchasing or using the Templates, 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. NO REFUNDS
No refunds will be issued under any circumstances due to the instant-downloadable nature of the Templates and amazing video content inside.
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 Templates, 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 25 miles of Cherry Hill, New Jersey, 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 Jersey. The only award that can be issued to you is a refund of any payment made to Sam Vander Wielen LLC for the Templates purchased.
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 Purchase or Download the 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 the Templates purchased. You will receive an electronic receipt following your Purchase, which you should retain for your records. If you elect any 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 the 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 Templates.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of the 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.
Third Party Merchants & Processors
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 the Templates.
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 purchase and/or use of the Templates. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the 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.
17. ENTIRE AGREEMENT
18. CHOICE OF LAW & VENUE
19. 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. To request a price adjustment within the allowed period, contact us at [email protected]
20. UPDATES & FUTURE BONUSES
Updates to the Templates 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 Templates are not guaranteed to be provided to you after the 14-day price adjustment period.
Updated as of December 3, 2021