TERMS AND CONDITIONS OF USE

Last updated: 20 February 2026

Purchase Terms & Conditions

BY COMPLETING YOUR PURCHASE, YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS:

These Terms & Conditions govern your use of and access to our website and/or the hosted platform on which you purchased from us, and any of our social media channels/accounts, blogs, emails or mobile applications (collectively “Site”) and your use or purchase of our Services and/or Products.  

DEFINITIONS

The terms “we”, “us” “our” and “Company” refers to Danielle Breen Copy®. 

The terms “user,” “you” and “your” refers to site visitors, customers, and any other purchaser of our Products.

The term “Content” shall include but is not limited to the Site, information contained on the Site, our materials/information, Products, services, any digital content delivered or downloaded via email or other electronic means, webinars, one-on-one or group video conferences, courses, classes, live posts and the like, whether purchased or not.

The term “Service” or “Services” shall include all actions we take to support, enable, and enhance your experience with our business and Products. This includes but is not limited to coaching and our private community.

The term “Product” or “Products” (although sometimes included within the term “Content”) shall also include but is not limited to materials, resources or information provided to you by us in our digital product, course, membership/community, and/or service or any digital Content or information delivered or downloaded via email or other electronic means, webinars, documents, programs, courses, community, membership sites, classes, PDFs, live video calls, live posts and the like. And, it is also inclusive of any “Services” as defined above wherein those services are provided in connection with the related Products.

1.       USER’S ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS:

By using this Site, our Services, our Content, and/or our Products, you are consenting to these posted Terms & Conditions (“Terms”), including any additional terms and conditions and policies referenced here and/or available by hyperlink. 

Please read these Terms carefully before purchasing Services, our Content, and/or our Products.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT PURCHASE OUR PRODUCT OR SERVICE.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site, and/or the platform/course hosting platform/website. It is your responsibility to check the appropriate page periodically for changes. Your continued use of or access to the Products following the posting of any changes constitutes acceptance of those changes.

2. PURCHASE TERMS & REFUND POLICY

By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site, Content, Products and/or Services.

You may not use our Site, Content, Services, or Products for any illegal or unauthorized purpose nor may you, in the use of the same, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree to not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of your access to and/or use of the Site, Content, Products and/or Services.

Due to the digital nature of our Products and instant access to our Services, we do not offer refunds after purchase. All sales of the Product and/or Services are final. If you’re not satisfied with your purchase, please share your concerns with us via email at [email protected] and we’ll do our best to make things right.

We will periodically update our Site, Content, Products and/or Services to stay current. Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you.

Payment plans are provided for your convenience only and are not to be construed as a subscription service. You understand that regardless of any attempt to request a refund or terminate your purchase after accessing the Product(s), you remain responsible for any remaining payments in the payment plan.

You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this Site, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You are responsible for any fees, including collection agency fees and costs and attorneys' fees, associated with recouping payment on outstanding payment and/or disputes and any collection fees associated with such an event. We reserve the right to forward any payment disputes to a collection’s agency.

3. LIFETIME ACCESS DISCLAIMER

From time to time, the Company may offer “lifetime access” or “evergreen access” to a Product or Service. For clarity, “lifetime access” or “evergreen access” refers to access for the lifetime of the specific Product or Service, not the lifetime of the purchaser, the Company, nor an indefinite guarantee of access. This access is valid only while the Company continues to offer and support that specific Product or Service. If the Company discontinues, phases out, retires, or otherwise ceases to offer or maintain the Product or Service, the lifetime access shall terminate accordingly. The Company makes no guarantee that any Product or Service will be available indefinitely.

The Company may, at its discretion, add, remove, or modify features, content, integrations, or the platform on which the Product/Service is hosted. While the Company aims to provide continuous value, the specific features and functionalities available at the time of purchase are not guaranteed to remain unchanged indefinitely. This access is non-transferable and applies solely to the original purchaser. As such, the Company reserves the right to update, modify, or revoke lifetime or evergreen access at any time, for any reason, at its sole discretion.

What Lifetime Access Includes:

If you are granted lifetime or evergreen access to a Product or Service, your access is limited to the core pre-recorded curriculum and materials that were included in the original version of the program at the time of your purchase. This may include recorded trainings, downloadable workbooks, templates, checklists, and other instructional content originally included in the core offering.

What Lifetime Access Does Not Include:

Lifetime access may not include any future upgrades, bonuses, or enhancements that fall outside the original core curriculum. This includes, but is not limited to:

- Live elements such as Q&A sessions, coaching calls, guest expert trainings, or community forums

- New features, tools, or technology integrations

- Bonus materials, templates, or add-ons provided in future launches or cohorts

These elements are made available only to participants of the current live round or may require separate enrollment or payment. Unless otherwise stated in writing, past purchasers are not entitled to receive future bonuses, live support, or updated program components added after their initial purchase.

4. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your information (not including payment card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.

You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our Site, Products and/or Service, or any Content on the Site through which our Products and/or Services and/or Content are provided, without express written permission by us.

We are not responsible if information made available on this Site or within our Content, Products and/or Services is not accurate, complete, updated, or current. The material on this Site is provided for general educational and informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Content on this Site, or in our Products and/or Services is at your own risk. We reserve the right to modify the Contents of this Site at any time, but we have no obligation to update any information on our Site and/or Products. You agree that it is your responsibility to monitor changes to our Site, Content, Products and/or Services.

You understand that the information presented in any of our Content, Products, and/or Services via this Site is not legal, financial, therapeutic, mental health, or medical advice and that the Company is not a professional service provider. All of the information provided throughout the Site, Content, Product and/or Services, including the resources delivered via phone/video conference, e-mail, in an online forum, live events including webinars and video/audio recordings educating about business, laws, health, wellness, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that the Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice. Your use this Site, Content, Products and/or Services at your own risk and do so voluntarily.

Limitation of Liability & Hold Harmless. You understand and agree that you are fully responsible for how you choose to use, implement, or rely on any information, guidance, templates, materials or the like provided through our Site, Content, Products, and/or Services. The Company makes no guarantees regarding your results, compliance status, or the legal or financial outcomes of your decisions.

You acknowledge and accept that the Company is not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site, Content, Product and/or Services, including any actions you choose to make, or not make, as a result of using our Site, Content, Products and/or Services.

Accordingly, you expressly agree to hold the Company harmless from any claims, damages, or losses (direct or indirect) arising from your use of our Site, Content, Products, and/or Services. You should consult with a qualified professional for any personal, legal, financial, or compliance-related questions or concerns before acting on any information provided.

5. ACCOUNT CREATION

In order to use the Product, Service, and/or Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Danielle Breen Copy will always be accurate, correct, and up to date. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing (via email) immediately and change your password. Any violation of these terms are grounds for removal and banishment from the site at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.

6. LAWFUL PURPOSES

You may use the Site, our Content, Products and/or Services for lawful purposes only. You agree to not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, discriminatory, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Doing so is grounds for termination of service, at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.

Infringement Notification. Danielle Breen Copy respects the rights of others and we expect users of our Sites, Products and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also the Company’s policy that Company may remove, suspend, terminate access, or take other appropriate action against offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to Danielle Breen Copy by both of the following means:

Email: [email protected]

In any such notice, please include sufficient information to address the items specified below:

• Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
• Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Danielle Breen Copy to locate the material.
• Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.
• Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
• Include details of your claim to the material, or your relationship to the material’s copyright holder.
• Provide your full name, address, and telephone number should we need to clarify your claim.
• Provide a working email address where we can contact you to confirm your claim.
• If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
• If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
• Sign the document, physically or electronically.

7. ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible at: [email protected]

8. PRODUCT DESCRIPTION

We endeavor to describe and display the Site, Product and/or Service as accurately as possible. While we try to be as clear as possible in explaining the content of our products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

9. PRODUCTS OR SERVICES

Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this Site is void where prohibited.

We do not warrant that the quality of any Products, Services, Content, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site, Content, Product or Service will be corrected.

10. PERSONAL INFORMATION

Your submission of personal and non-personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, visit: https://gumroad.com/privacy

11. OUR INTELLECTUAL PROPERTY

This Site, Content, Products and Service contain intellectual property owned by Danielle Breen Copy, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the Danielle Breen Copy name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content, Products, or other intellectual property, in whole or in part without our prior express and written consent.  We reserve the right to immediately remove you from the Site, Product, and/or Service, without refund, if you are caught violating this intellectual property policy and Terms.

THE COPYWRITER’S PATH™ is exclusively owned by Danielle Breen Copy.

License to Use. By purchasing our Product and/or Services, you are hereby granted one limited, non-assignable, non-exclusive, non-transferrable, non-sublicensable, revocable license to the Product and/or Services that you purchased.

No Resale of Products and/or Services Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any non-commercial or commercial purposes, any portion of the Site, Content, Products and/or Services used, accessed, or purchased from the Company. These Terms and all Product and/or Services purchased are not transferable or assignable without the Company’s prior written consent.

You agree to not share access to the Products and/or Services purchased or other proprietary materials with others. This includes parties that have not purchased the Products, or any other third-party that Company has not authorized access to. If you violate these Terms, such as giving or selling a copy of our Products and/or Services to others, you agree to pay for the license of the purchased goods or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our Site, Products, and/or Services, temporarily or permanently.

You are expressly prohibited from utilizing the information obtained from our Product(s) and/or Services to develop derivative works. In other words, you may not leverage the knowledge acquired through our offerings to create a product that would have otherwise been beyond your capacity to develop had it not been for the information obtained from our Product and/or Services.

You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our Site, Product(s), or Service provided or the information contained therein, or any content on the Site through which the Products are provided, without express written permission by us.

If you violate these Terms, such as giving, selling a copy of, re-selling or exploiting our Products and/or Services to others, you agree to pay for the license of the products or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our products or services, temporarily or permanently, in addition to other legal remedies available. 

Liquidated Damages Clause. In the event of your unauthorized creation of products based on knowledge acquired from our offerings that would otherwise be beyond your capacity, you agree to pay the Company liquidated damages in the amount of the then-current license fee and/or our product price per instance of such breach.

Non-Disclosure. By accessing or using our Products and/or Services, you agree to treat any and all information provided by us or obtained through the use of the product as confidential and proprietary. You shall not disclose, share, distribute, reproduce, or use such confidential information for any purpose other than the permitted use of the digital product.

Confidential information includes, but is not limited to, any trade secrets, proprietary knowledge, algorithms, technical specifications, designs, code, documentation, information that is not generally known to the public, or any other information designated as confidential.

You acknowledge that the confidential information is valuable and constitutes our intellectual property.

You agree to exercise reasonable care to prevent the unauthorized disclosure or use of the confidential information. This duty of confidentiality shall continue even after the termination or expiration of your use of our Products and/or Services.

Artificial Intelligence Disclaimer. We make every reasonable effort to avoid or minimize the use of generative AI. The Site, its Content, and any Products and/or Services offered may include or incorporate the conservative use of artificial intelligence (“AI”) technologies, including but not limited to AI-generated or AI-assisted text and/or audio. These technologies may be used to support and streamline elements of customer support, and content creation, initial drafting, editing, enhancing efficiency, user experience enhancements, or other internal business operation support.

While AI tools may assist in the developmental process, all final deliverables and/or Content are reviewed, edited, and/or modified by a human to ensure quality, accuracy, and originality. AI outputs are significantly transformed, adapted, or combined with human-created elements in a manner that qualifies as original human authorship under applicable copyright laws. As a result, all final materials are considered original works of authorship by the Company and are protected accordingly. Use of AI in this process does not affect the Company’s copyright ownership or reduce the originality of the resulting Content, Products, or Services.

The Company may utilize third-party AI platforms under a non-exclusive license. You acknowledge and agree that:  (a) The Company makes no warranties regarding the accuracy, completeness, or reliability of any AI-generated content used within the Site, Products, or Services; and (b) You use or rely on such Content at your own risk.

12. MODIFICATIONS TO THE PRODUCTS AND/OR SERVICE AND PRICES

Prices for our Products and/or Service are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service or Products (or any part or content provided) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Products and/or Service.

13. NO GUARANTEES

(a) We cannot guarantee any outcome of using or consuming the Products, the Services, and/or participation in any Program. We make no guarantees other than that the course/product/service described in the product/service description shall be reasonably provided to you in accordance with this Agreement. You acknowledge that Company cannot guarantee any results of the Products/Services/Program as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. User not achieving his or her desired results is not grounds for a refund, partial or otherwise.

(b) Company may provide (on its Site, Content, Products or via email, for example) affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of the product or service provided by any third-party and bears no liability with respect to such service or experience.

14. NON-DISPARAGEMENT

You agree not to make any false, defamatory, or knowingly misleading statements, either publicly or privately, to any third party about the Company, or about any of the Company’s officers, directors, employees, personnel, agents, policies, Products, or Services, except as otherwise permitted by law. This includes directing others to do so on your behalf. Nothing in this section is intended to restrict your ability to share your honest opinions, experiences, or reviews regarding our Products or Services, in accordance with applicable law. This section survives termination.

15. CONFIDENTIALITY

Please refrain from sending Company and its representatives any confidential information. If there is a private group environment included in your purchase you understand and agree to not publish any information in any such community with any expectation of privacy or confidentiality.

16. LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND RELEASE

Limitation of Liability. You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site, Content, Products and or Services. Additionally, Danielle Breen Copy is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Danielle Breen Copy has been advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.

Maximum Damages. In no event shall Danielle Breen Copy cumulative liability to you exceed the total purchase price of the product/service you have purchased from Danielle Breen Copy and if no purchase has been made by you, Danielle Breen Copy’s cumulative liability to you shall not exceed $100. The existence of more than one claim will not enlarge this amount.

Disclaimer of Warranties. Without limiting the foregoing “Limitation of Liability” provision, the Site, Products and/or Services is provided to you “AS IS” and Danielle Breen Copy specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND CONTENTS. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE OR CONTENT WILL BE UNINTERRUPTED.

Disputes with Third Parties. COMPANY IS NOT AFFILIATED WITH ANY THIRD-PARTY SERVICES ACCESSED OR MADE AVAILABLE ON THE SERVICE OR ANY THIRD PARTY USING THE SERVICE, INCLUDING OTHER USERS. ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY SERVICES OR OTHER THIRD PARTY USING THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY COMMUNITY OR A CREATOR OR USER OF A COMMUNITY, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY. YOU IRREVOCABLY RELEASE COMPANY FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. IN SUCH INSTANCE, YOU AGREE TO HOLD COMPANY HARMLESS AND RELEASE COMPANY FROM ANY ASSOCIATED CLAIMS

17. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Danielle Breen Copy and its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from:  your activities in connection with our Site, Content, Products, and/or Services; your violations of these Terms; your actions, omissions, or reliance on any aspect of the Site, Content, Products, or Services; your improper or unauthorized use of our Site, Content, Products, and/or Services; any claims or allegations that you transmit through or in connection with our Site, Content, Product(s), and/or Services that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site, Content, Products, and/or Services. 

18. CHANGES TO POSTED TERMS

We may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site, Products, and/or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, Products, and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

19. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Danielle Breen Copy pertaining to this Site, Products and/or Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Danielle Breen Copy shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by Danielle Breen Copy.

20. NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Danielle Breen Copy

600 1st Ave Ste 102

Seattle, WA 98104

E-mail address: [email protected]

21. GOVERNING LAW; VENUE

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Ohio as applied to contracts that are executed and performed entirely in Ohio. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in the County of Holmes, State of Ohio, United States. 

22. CLASS ACTION WAIVER

You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company. 

YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION.  YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

23. CLAIM LIMITATIONS

To the fullest extent permitted by law, you agree that any claim or cause of action arising out of or related to your use of the Site, Content, Products and/or Services must be filed within one (1) year after such claim or cause of action arose. If not filed within that time, the claim is permanently barred.

24. RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

25. FORCE MAJEURE

Neither Party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or any delay in providing access to, fulfilling or performing any obligation under these Terms when such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, pandemics, epidemics, outbreaks of diseases, national emergencies and/or public health crisis, environmental crisis, climate related crisis, industrial disturbances such as labor shortages, strikes or work stoppages, server related issues such as data breaches, data losses, or cloud storage disturbances, power outages or disruptions to communication or internet services, third-party platform-related disturbances, disappearance or cessation of business by you and/or the Company, or acts of God (“Force Majeure Events”); provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, such as restoring full access to the Products and/or Services, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either Party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of Force Majeure Events when able to do so. If the Force Majeure Events continues for more than 30 days, either party may terminate this Agreement upon written notice to the other party.  Please note a Force Majeure Events does not constitute a reason for a refund and none will be provided to you if you are unable to access and/or use the Products due to the Force Majeure Events.  

26. SEVERABILITY

If any term, provision, covenant, or condition of these Terms are held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

27. ASSIGNMENT

These Terms bind and insure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

28. ERRORS & OMISSIONS

The Site, Content, Products and/or Services may contain typographical errors or inaccuracies, and may not be current or complete.  We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source.  We disclaim all liability for any inaccuracies, errors or omissions in the Site, in our Content, Products and/or Services.

29.  TESTIMONIAL DISCLAIMER

Our Site, Products, and/or Services may contain testimonials by users of our Site or former customers or our Products and/or Services. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.

30. USER CONTENT AND LICENSE TO USE

“User Content” includes any content, information, or communication you submit, upload, post, or share through our Products, Services, or platforms. This includes, but is not limited to, submissions on our website, content shared on social media platforms where we have a presence, direct communications with us such as emails or direct messages, and any public content that references our Company.

You retain ownership of any original content you create and submit. However, by sending, posting, or otherwise making any User Content available to us or about us, you grant the Company a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable license to use, reproduce, publish, display, distribute, adapt, and otherwise use that content for business, promotional, and marketing purposes. This license is granted without the need for further permission, notice, or compensation.

You are solely responsible for the User Content you provide and for any consequences that result from posting or sharing it. You agree not to submit any content that is confidential, proprietary, unlawful, infringing, defamatory, obscene, or that violates the rights of any third party, including rights related to intellectual property, privacy, or publicity.

We reserve the right to monitor, remove, or restrict any User Content at our discretion. We may also suspend or terminate your user account if your content violates these Terms or any applicable law.

You understand that we are not responsible for any loss, misuse, or public display of User Content you voluntarily share. Although we do not actively screen all submissions, we may monitor or record interactions with our Services when necessary.

31. EARNINGS DISCLAIMER

Any earnings, income, or financial claims or examples shown on our Site, Products and/or Services are estimates only, hypothetical scenarios, testimonials, and do not represent guarantees or promises of your actual, individual results of what is possible now or in the future. Past performance is not indicative of future results.

We make no income or financial claims or guarantees of any kind regarding financial outcomes or potential income based on your use of our Site, Products and/or Services (or our affiliate program, if any).

Your individual results will vary depending on a variety of factors, including without limitation your actions, lack of action, efforts, skills, market conditions, and individual circumstances. There is no guarantee that you will make any money using our offerings, and financial risks are involved.

We recommend carefully considering your own situation and conducting your own research before making any decisions.

32. FEEDBACK/REVIEWS

Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to Flodesk privacy policy.  We own such communication from you and any such communication displayed on our Site, Products and/or Services, including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content.  We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.

33.  THIRD-PARTY LINKS AND/OR PRODUCTS

Affiliate Links. Our Site or Products may use affiliate links to promote certain Content, Companies, third-parties, and products or services.  We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products.  You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products.  We in no way guarantee the quality of the affiliate product or service provided by any third-party and bear no liability with respect to such product, service or experience.

Links to Other Sites/Information. Our Site or Products may contain links to other websites, which are not affiliate links.  These links are only provided for the user’s convenience.  We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links.   We in no way guarantee the quality of the third-party product or service and bear no liability with respect to such product, service or experience. Any questions or concerns regarding a third-party website or resources should be directed to the third-party.  We bear no responsibility for any action or non-action you take associated with the third-party.

Suggested Products. Our Site or Products may include suggestions or recommendations regarding products.  Please note that these suggested products are provided for informational purposes and do not constitute an endorsement, guarantees, or warranties of any kind even if an affiliate relationship exists.  You understand and acknowledge that the selection, purchase and use of any suggested products are solely your responsibility and you are encouraged to conduct your own independent research, carefully read product labels, reviews and consult with professionals before making any purchase and/or using the suggested products.  You should also be aware of your own allergies, sensitivities, or other individual factors that may affect the suitability for using the suggested products.

34.  RESTRICTIONS ON MASTER RESELL RIGHTS

You acknowledge and agree that all Products, Services, and materials provided by us are subject to specific usage rights.

Under no circumstances are you permitted to sell, transfer, or distribute any of Danielle Breen Copy’s Products and Services under master resell rights.

Authorized Use Only.  The Products, Services, and materials offered by us are for your personal or business use only, as specified in these Terms.

Prohibited Activities.  You are strictly prohibited from granting master resell rights, private label rights, or any other rights that enable third parties to resell or distribute our Products and Services. Selling, licensing, or transferring the rights to any third party constitutes a breach of these Terms.Unauthorized use or distribution of these materials may result in legal action.

Consequences of Violation. In the event of a violation of this clause, we reserve the right to terminate your access to our Site, Content, Products and Services without prior notice. Additionally, we may pursue any available legal remedies to protect our intellectual property and enforce this restriction.

Exceptions. This restriction does not apply to any specific agreements or licenses expressly granted by the Company in writing. Any exceptions must be documented in a separate, written agreement between the Company and you.

35. RULES OF CONDUCT

As a valued member of our community, you are required to adhere to the following rules of conduct while participating in discussions, forums, and any other interactive features of our Products and/or Services, where applicable.  These rules are designed to ensure a positive and respectful environment for all participants.

• Respectful Communication: Always engage in respectful and courteous communication with fellow community members, moderators, and administrators. Do not use language or engage in behavior that may be considered offensive, harmful, or discriminatory.
• No Spam or Self-Promotion: Do not engage in spamming or excessive self-promotion within the community. Promotion of external products, services, or websites should only be done in designated areas with permission from the administrators.
• Confidentiality and Privacy:  Respect the privacy of other members and do not share their personal information without their explicit consent. Additionally, refrain from sharing any confidential or proprietary information about our Company or other members.
• Compliance with Laws and Regulations: Do not use the community platform to engage in any illegal activities or violate any applicable laws and regulations.
• Be Supportive and Constructive: Encourage a supportive and constructive environment by offering helpful insights, feedback, and assistance to other members. Avoid any behavior that may discourage or harm the community's spirit.
• No Harassment or Bullying: Harassment, bullying, or any form of intimidation is strictly prohibited. Treat all members with kindness and consideration.
• Report Inappropriate Behavior: If you encounter any behavior that violates these rules of conduct or makes you feel uncomfortable, promptly report it to the community moderators or administrators.
• Moderator Decisions: Respect the decisions of the community moderators and administrators. They have the authority to enforce these rules and may take appropriate actions to maintain the integrity of the community.
• Intellectual Property and Copyright: Only share content in the community that you have the right to use, and always give appropriate credit to the original creators when referencing their work.
• Compliance with Terms: Ensure that all community interactions comply with the overall Terms, as well as any additional guidelines provided by the Company.

36. RECORDINGS AND USE OF LIVE TRAINING SESSIONS

Consent to Recording and Use. By participating in live training sessions or events hosted by the Company, you acknowledge and agree that these sessions may be recorded and later used as pre-recorded lessons for educational purposes.  You hereby grant the Company the irrevocable and unrestricted right to use, reproduce, distribute, display, and create derivative works from the recordings, including your voice, image, likeness and other attributes captured during these sessions and recordings.

Questions and Participation. If you ask questions or participate in discussions during live training sessions, you understand and consent to the recording of your voice, image, and likeness as part of the overall recording.

Confidential Information. The Company will make reasonable efforts to exclude any personally identifiable or sensitive information from the recordings before using them for pre-recorded lessons. However, it is your responsibility to avoid sharing any confidential or sensitive information during live sessions.

Release of Information. You understand that certain topics may be anonymously and hypothetically shared with others for training, supervision, mentoring, evaluation, further coach professional development, and/or consultation purposes. You consent to the release of this information provided it is released anonymously. 

Limited Use for Educational Purposes. The recordings obtained from live training sessions will be used solely for educational purposes within the Company’s business. The recordings may be made available to other members who were not present during the live session to benefit from the knowledge shared and future members.

Withdrawal of Consent. If you wish to withdraw your consent to the use of your voice, image, and likeness in the recordings, you must notify the Company in writing. Please note that this withdrawal will only apply to future use of the recordings and not to any recordings already in use.

37. GUEST TRAINERS

We may occasionally invite guest trainers or experts to provide educational content, workshops, or live sessions as part of our Services and/or Products. The following terms apply to the guest trainers and their content:

• Trainers' Content and Liability: We strive to collaborate with reputable professionals, however, the Company disclaims all liability for the content, advice, or opinions shared by live or guest trainers, which is being offered solely for educational and informational purposes only and does not constitute nor should it be a substitute for professional advice or consultation.  You should not act or refrain from acting based on the information provided during these live guest training sessions. Any views expressed by the trainers are solely their own and do not necessarily reflect the views of the Company.
• No Guarantees or Warranties: The Company does not endorse or guarantee the accuracy, completeness, or usefulness of any information or materials provided by guest trainers. Members should exercise their own judgment and discretion when implementing any advice or strategies shared during these sessions.
• Personal Use Only: Any materials, resources, or content provided by live or guest trainers during their sessions are for the sole use and benefit of the participating members. Members agree not to reproduce, distribute, resell, or otherwise exploit any such materials for commercial purposes without the express written consent of the trainers and the Company.
• Intellectual Property Rights: All intellectual property rights related to the materials provided by live or guest trainers remain the property of the respective trainers and the Company. Members are granted a limited, non-assignable, non-exclusive, non-transferable, revocable license to use the materials solely for their personal or business purposes in connection with their membership. Any unauthorized use or distribution of these materials may result in termination of membership and potential legal action.
• Indemnification: Members agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, liabilities, costs, or expenses arising out of or related to their use of the materials or content provided by live or guest trainers.
• Recording and Distribution: Members are strictly prohibited from recording, reproducing, or distributing any live sessions or guest trainer content without prior written consent from the Company.
• Modification or Cancellation of Trainer Sessions: The Company reserves the right to modify the schedule or content of live sessions and guest trainer events, or to cancel them entirely, at its discretion, with or without notice.

38. CONTACT US

Questions about these Terms and Conditions? Email us at [email protected]

39. ALL RIGHTS RESERVED

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.