TERMS AND CONDITIONS OF USE FOR THIS CONTRACT TEMPLATE

This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement between you (“you” “your” “customer” “client” “user” or “users”) and Kelli J LLC (“us” “we” “our” “Owner” “Company”). KELLI J LLC IS NOT A LAW FIRM. This Agreement sets forth the terms and conditions for your use of the contract template (“Product”). This Agreement is between you and the Owner only, and not with any other person or entity. The Owner is solely responsible for the services, content and materials provided through the Product. You acknowledge and agree to be bound by the terms of this Agreement.

This Agreement shall become effective between you and the Owner by clicking “Complete Order” “Purchase” or any other phrase on the purchase button, entering your credit card information or other billing method (either in full or partial payment) and may only be terminated for the reasons set forth below.

DISCLAIMER AND LIMITATION OF LIABILITY

This contract template is drafted by Kellianne Jones, Esq., a lawyer licensed in New York and Tennessee, but no attorney-client relationship is formed between you and Kellianne Jones, Esq., and Kelli J LLC is NOT a law firm. This contract template is not state specific and therefore, does not contain any state specific laws for your contract. If you have questions regarding state specific laws you should consult an attorney licensed in your jurisdiction. This contract template is meant to be a cost effective alternative to hiring a lawyer to draft a custom contract on an hourly basis, and as such, if you do need state specific legal advice at any point, this template is an excellent option to utilize to start from for online entrepreneurs as it will most likely save you time and money. Kelli Jones, Esq. is a licensed attorney, but the purchase of this contract template is not the purchase of her legal services. Accordingly, the purchase and/or use of this contract template does not guarantee any results and is not to be relied on as legal advice.

Nothing in this Agreement shall be construed as a promise or guarantee from using the Product. The Owner makes no such promises or guarantees. By purchasing the Product, you acknowledge and agree to accept any and all risk associated with and arising out of your use of the Product, whether foreseeable or unforeseeable. You agree that the Owner will not be liable for any damages resulting from any delay or denial in the use of the Product, any errors or system failures in the use of the Product, any other failure of performance of any kind, or any use or misuse of the Product and is at your own risk.

PRODUCT ACCESS

This Product may be transmitted by the Owner through a third-party platform. The Owner reserves the right to substitute service at any time, provided that it is of a comparable nature and value and it is reasonable for the Owner to do so as determined by the Owner. Access is presently available to the Product through Thrivecart. The Owner is not liable for any limitation of access to the Product caused by a third-party platform. Access is granted in accordance with the terms of this Agreement to user for lifetime access, or to the extent that the third-party platform remains in use.

INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS

The Product contains intellectual property that belongs to the Owner. All rights reserved. Purchase of the Product grants to you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended. This does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use. Any content from the Product may not be reproduced, republished, uploaded, posted, transmitted, distributed or publicly displayed in any manner without written permission from the Owner.

Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the Product, and your access to use will be revoked. Violating this license may result in charges to you from the Owner for the license you sold, shared or otherwise transmitted. We reserve the right, title and interest not expressly granted under this license to the fullest extent permitted under applicable laws.

You acknowledge that the intellectual property contained in the Product is the property of the Owner and may be protected by applicable copyright and other intellectual property laws and subject to use restriction under those laws. The Product may contain trademarks, service marks, graphics and logos that are the property of the Owner. Your purchase does not grant you license to use such.

PAYMENT POLICY

You agree and authorize the Owner to charge your designated payment type (credit card or other billing method) for the full purchase price of the Product.

If you choose a payment plan, you agree to pay in accordance with the payment schedule specified in the option you choose at checkout, and authorize the Owner to charge your billing method the amount specified in the payment schedule for each scheduled payment without additional separate authorization.

If payments fail for any reason (updated credit card is needed, payment information update is required, credit card expired, etc), you agree to resolve it immediately, within 5 business days. If your billing method is not updated or fixed within 5 business days, access to the Product will be permanently revoked.

You agree to not make any chargebacks to the Owner’s account or cancel your credit card or billing method used without prior written consent of the Owner.

You agree to pay for any fees associated with the Owner having to recover payments, including but not limited to, collection fees and attorneys’ fees. The Owner reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.

REFUND POLICY

Due to the digital nature of the Product and immediate access to all materials granted at the time of purchase, the Owner does not offer refunds under any circumstances.

PROHIBITED USE

You acknowledge that the Product is to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Owner reserves the right to terminate your access to the Product without notice if your use has not been in accordance with the terms of this Agreement.

The Product is intended solely for users who are eighteen (18) years of age or older. Your purchase and use of this product is your representation that you are at least 18 years of age.

INDEMNIFICATION

You acknowledge and agree to indemnify and hold harmless the Owner, including costs and attorneys’ fees, from any reasonable claim or demand made against you due to arising out of your use of the Product or your violation of this Agreement; any infringement of third party rights by you arising out of your use of the Product, such as any intellectual property or other rights of any person or entity arising out of or related to any products or services purchased by you in connection with the Product or offered by a third party through the Product.

SEVERABILITY

If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.

WAIVER

You acknowledge and agree that the failure of the Owner to enforce any provision of this Agreement shall not be deemed a waiver of the Owner’s rights under this Agreement to subsequently enforce any provision of this Agreement.

NON-DISPARAGEMENT

You agree to refrain from making any disparaging statements about the Owner or the Product that negatively affects the Owner’s business, services, products, or reputation.

GOVERNING LAW

This Agreement is governed by the laws of the State of New York. By purchasing our products/services, you agree that any and all disputes arising out of or in connection with this Agreement shall be brought exclusively in New York, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.

ENTIRE AGREEMENT

You acknowledge and agree that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.