Terms of Purchase

Updated 7/12/2023

This Agreement is between You (“Purchaser”, “You”, “Your”) and the Angela Gurney, LLC (“Company”, “We”, “Us”, “Our”) for the purpose of any digital product purchase through this website at angelagurney.com, or any related domains or subdomains or emails (the “Sites”).

By purchasing any Product, You agree to be bound by these Terms, without any other conditions or declarations. If at any time You do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Our Product(s) immediately.

SCOPE OF PRODUCT PURCHASE

Our “Products” include but are not limited to: contract forms, templates, communications, online courses, workshops, and any other documents for paid purchase or free download on these Sites.

INTELLECTUAL PROPERTY

All Products are the intellectual property of and are owned by Angela Gurney, LLC.

AGE OF MAJORITY

Understand that by using the Sites, any Products, services or applications for which You tender payment or otherwise obtain through the Sites, You warrant that You are at least 18 years of age and are otherwise legally able to enter into a valid contract.

PURCHASE POLICIES & DISCLAIMER

ALL CONTRACT TEMPLATES ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCE UPON PURCHASE DUE TO THE IMMEDIATE NATURE OF DELIVERY OF THE DIGITAL PRODUCT(S) TO YOUR EMAIL ADDRESS AND IMMEDIATE ACCESS TO THE LEGAL LANGUAGE IN THE DOCUMENT(S).

ALL CONTRACT TEMPLATES ARE BASED UNDER UNITED STATES GENERAL CONTRACT LAWS AND ARE NOT STATE SPECIFIC. ANGELA GURNEY, LLC DISCLOSES CLAUSES IN ALL DOCUMENTS THAT SHOULD BE REVIEWED BY A LAWYER IN YOUR STATE FOR STATE SPECIFIC COMPLIANCE.

DISCLAIMER REGARDING CONTRACT TEMPLATES: NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED

BY PURCHASING A TEMPLATE CONTRACT AND/OR DOCUMENT FROM ANGELA GURNEY, LLC, YOU ARE NOT GIVEN ACCESS TO ANGELA AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED. THUS, YOU HAVE TO MODIFY THE DOCUMENT LANGUAGE ON YOUR OWN OR FIND AN ATTORNEY/LAWYER IN YOUR STATE TO HELP YOU. IF YOU INQUIRE ABOUT HELPING WITH MODIFICATIONS OR CHANGES TO YOUR TEMPLATE CONTRACTS AND/OR DOCUMENTS, WE WILL NOT BE ABLE TO ASSIST YOU.

LICENSE TO USE THE PRODUCT(S)

Provided that You comply with these Terms of Use, Angela Gurney, LLC grants You ONE revocable, worldwide, non-exclusive, non-transferable license to download, view, edit, copy and print the Product(s) You purchase solely for Your individual use with respect to Your business use, and which is not to include any reproduction, copying, or any other use of the Product(s) for resale or distribution (“Permitted Use”), so long as You: (1) abide by all copyright protections afforded to the Product(s), both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Product(s), both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Product(s) or otherwise offer them on any other website or link them on your website for the public to view, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Product(s) in any way beyond edits and completions necessary to complete template forms and other Product(s) consistent with Permitted Use provided by these Terms.

If You violate this license by giving or selling a copy of our template(s) to any third party, We reserve the right to invoice You for the licenses you have gifted to others, revoke Your access to our template(s) permanently, and/or sue for any and all damages.

Such permission to modify Product(s) consistent with Permitted Use in no way expands the limited license provided herein, nor does grant You intellectual property ownership in, or provide a general right to modification of, the Product(s).

CHARGEBACKS

You shall be completely responsible for all charges, fees, and taxes arising from any digital product purchase. By submitting your credit card information at checkout, You agree to allow Angela Gurney, LLC to use the submitted credit card as the payment method for your purchase. YOU AGREES NOT TO FILE ANY DISPUTE WITH YOUR BANK OR CREDIT CARD COMPANY TO AVOID PAYMENTS OR VIOLATE ANY OF THESE TERMS AND CONDITIONS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED PAYMENT, ANGELA GURNEY, LLC RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH DISPUTING A CHARGEBACK, REVERSAL OR RECOLLECTION CLAIM, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY FEES. WE RESERVE THE RIGHT TO TAKE ANY NECESSARY LEGAL ACTION FOR FRAUDULENT CHARGEBACKS.

PROMOTIONS

We may offer promotions and/or bonuses to potential customers from time-to-time via marketing and advertising. You are entitled to the promotions/bonuses offered at the time of purchase. Promotions/bonuses are not guaranteed to be available when You make a purchase and they vary depending on live and automated promotions throughout the year. You understand and agree that promotions/bonuses are not retroactive or proactive. Company reserves the right to change or alter bonuses and promotions in its sole discretion.

ERRORS AND OMISSIONS

Our template digital products may at times contain minor errors and/or omissions. Our team is only human. Company shall be held harmless for such errors and omissions, and any inadvertent omission or error. Company shall not incur liability or damages for the same. You are required to report any errors or omissions within template digital products as soon as practicable to Us, and any reported errors or omissions will be rectified as soon as possible after discovery.

NO WARRANTIES

ANGELA GURNEY, LLC PRODUCT(S) ARE PROVIDED “AS IS”. THE COMPANY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY PRODUCTS, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THESE SITES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. ANGELA GURNEY, LLC MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

In no event shall Company be liable under this Agreement to Purchaser or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Purchaser was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

MAXIMUM DAMAGES

The sole remedy for any actions or claims shall be limited to and shall not exceed the total monies paid by Purchaser for the Product(s) it purchased under this Agreement from Company.

NO GUARANTEES

Company does not make any guarantees as to the results, including financial or other personal or business gains, of any Product(s) purchased by Purchaser. We also make no guarantees that Our Product(s) do not contain minor errors or omissions (See Errors and Omissions Section).

ENTIRE AGREEMENT

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.

VENUE AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Utah including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Sevier County, Utah. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

SEVERABILITY AND NO WAIVER

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

TRANSFER

This Agreement cannot be transferred or assigned to any third party by the Purchaser without the consent of the Company.