The website notyourfatherslawyer.com (hereinafter “website”) is owned and operated by Keren de Zwart dba Not Your Father’s Lawyer, a sole proprietorship (hereinafter “we” “us” “our”). Please read all Terms & Conditions before using my Website – by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them.

Website Use

  1. To access or use Website, you must be 18 years or older and have the required mental capacity to enter into and abide by this Disclaimer. By using Website, you represent that you are at least 18 years of age, and that you agree to the Disclaimer herein. Use of Website by anyone under 18 is not authorized or condoned by us.
  2. This Disclaimer may be subject to changes or updates, and Website may not provide notice of such changes or updates. We reserve our right to make changes or updates at any time, and the burden is on the user to routinely check Disclaimer for updates. By continuing to use Website and the content we produce, you agree to be bound by the most updated version of the Disclaimer, whether or not you have read it. If you are not in agreement with the Disclaimer as is, please do not use our Website or any of the content that appears thereon.

Purpose

  1. The purpose of this website is solely to provide educational information; any content on this website or provided as a result of your decision to opt-in to our email list has been created solely for the purpose of education and for informational purposes only. Nothing on this website or distributed via email is intended to take the place of a consultation with a local lawyer regarding the details of your specific business or legal issue. You understand and agree that your use of our Website and/or purchase of our products does not create an attorney-client relationship, and nothing herein constitutes legal advice. 

Legal Disclaimer

  1. While Keren de Zwart is an attorney, the information contained herein on this Website and via our products is not intended as a substitute for legal or financial advice that should be provided by your own attorney regarding your own personal business and financial situation. You should always seek legal and/or financial counsel to discuss any specific circumstances related to your business or personal life. You agree that the information on our Website and/or sent via email is not legal advice.

Limitation of Liability

  1. You understand and agree that your participation in using our website and/or adding yourself to our email list is wholly voluntary, and you are solely and personally responsible for your actions, choices, and any results therein. You understand there are sometimes unknown risks and circumstances that may arise during or following use of our Website or products, that cannot be foreseen or anticipated, but may influence or affect your business or you as an individual. You understand and agree that any suggestion or recommendation of a product, service, coach, or otherwise through our Website is purely information – any decision to act upon these suggestions is to be taken by you, at your own risk, without any liability of Keren de Zwart or notyourfatherslawyer.com . You agree to accept all risks herein.
  2. Your use of this Website constitutes an agreement and acceptance that you will absolve Keren de Zwart, an individual and as a Sole Proprietorship, as well anyone acting as an agent, consultant, affiliate, guest blogger, joint venture partner, employee, staff, team member, or anyone affiliated with Keren de Zwart or notyourfatherslawer.com in any way of any liability for any loss, damage, injury, or litigation that you or any other person may incur from direct or indirect use of the information, content, or products found on our Website or via materials requested through email.
  3. You understand and agree that you will not hold Keren de Zwart liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.

Voluntary Participation

  1. By choosing to visit this site and read the information provided, you understand and agree that you are voluntarily choosing to read, implement and/or participate in the use of Website and any information contained herein, and are solely responsible for any outcomes or results (positive or negative.) We cannot be responsible for any action you may choose to take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any injuries or negative ramifications. The information contained on Website is intended as general information only; we cannot know your individual medical or physical state, and do not claim to know what may or may not work for your body. As such, you agree that you are fully responsible for your health and well-being, and any decisions you make to implement or follow anything you find on Website.

Use of Free Materials or Content

  1. From time to time, you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material with prior written permission from Keren de Zwart, you agree and understand that you will provide Keren de Zwart and Not Your Father’s Lawyer proper credit and will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.

Online Purchases

  1. You understand that should you elect to make a payment through our website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.
  2. You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.
  3. Limitations of Liability: We will take reasonable precautions and take measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if Keren de Zwart was made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.
  4. You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.

Template or Product License

  1. By purchasing your template or any product from Not Your Father’s Template Shop™, you are granted one revocable, worldwide, non-exclusive license to the product(s) you have purchased. If you violate this license by giving or selling a copy of our template(s)/product(s) to anyone other than a client, or if you imply that anyone who gets access to our template/product(s) has the right to use it for his/her/its commercial purposes, we reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our template(s)/product(s) permanently.
  2. What this means is if you purchase a template or product, you are not allowed to share it with your industry friends. If they need a template, We recommend you contact us for an affiliate link and give them the opportunity to purchase a template or product through your link.

Affiliate Program

  1. By participating in the Not Your Father’s Template Shop affiliate program (“Affiliate Program”), you are confirming that you have read these terms and conditions and agree to be bound by them. Once you sign up for the Affiliate Program, you will become an affiliate (“Affiliate”) and will have a unique link through which your referrals need to visit the Website in order to properly generate commisions for you.
  2. Commissions: For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the Affiliate. Commissions can be viewed on the Affiliate Dashboard.
  3. Payment: An Affiliate can request a payment when their balance reaches a minimum balance of $25 USD. Payments can be requested every 30 days. Payment processing can take up to 30 days from the request date. Payments will generally be paid out via PayPal.
  4. Refunds: In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.
  5. Usage and Obligations: Affiliates may use logos and marketing materials as provided by us, but in no case may they be modified or altered without Company’s consent. Affiliate does not gain any trademark, copyright, or other intellectual property rights in and to these materials. The Affiliate will never imply they are working on behalf of or for the Company, will not represent the Company or its products or services in a false or misleading way, and will not engage in the distribution of an unsolicited bulk email (spam) mentioning, referencing, or promoting the Company.

Indemnification

  1. You agree at all times to defend, fully indemnify and hold harmless Keren de Zwart and any affiliates, agents, team members or other party associated with Keren de Zwart, from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website or any products or services contained therein, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
  2. We will attempt to monitor comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by a third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.
  3. Should you choose to utilize information offered on our website, whether free or for purchase, you understand that we are not liable to any party for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurred as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.

Accuracy

  1. Although we have spent considerable time and effort in creating the products on notyourfatherslawyer.com and the content provided herein, you understand and acknowledge that we are not responsible nor liable for any errors, omissions, or liability as a result of any loss or damages incurred as a direct or indirect result of your use of Website or our products. You also understand there may be inadvertent typographical errors or inaccuracies. By your use of this website, you acknowledge and understand this information, and agree you have chosen/will choose to utilize our Website and/or our products voluntarily. You agree that we are not responsible for the accuracy of our Website, or for any errors or omissions that may occur on the site or in our products.
  2. Similarly, you understand your obligation to provide only authentic, accurate information to us, including your name, email address, and payment information, should you choose to purchase a product. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result.

Testimonials

  1. Our Website may feature testimonials from clients from time to time, in order to provide readers with additional comments from others’ experiences with our website and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our website and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee.

Affiliates and Endorsements

  1. From time to time, we may choose to partner with, promote, become an affiliate of, or otherwise engage in a joint venture with another individual or company whom we feel aligns with our products or services. You understand that should an affiliate or joint venture program be featured on our Website, we may receive financial compensation or other payment as a result. Please note we will only feature or promote coaches, businesses, services or products that we whole-heartedly agree with and believe in, and genuinely believe will help our audience. However, you understand and agree that you must use your own judgment with respect to determining whether any promotion of another product is right for you and your business. Our decision to promote, suggest, or reference another service indicates nothing more than an acknowledgement that we respect or appreciate the business, person, or service. Your decision to use or purchase from such a promotion is yours alone, and you understand we have no involvement in your decision, nor shall we have any liability should you purchase from a promoted product and become unsatisfied. You agree and understand we have no liability and you will hold us harmless should this occur.
  2. Similarly, references to other coaches, information, events, services, products, opinions, or companies on our Website, blog, or emails is meant purely as a way to share information, not as an endorsement or suggestion that you purchase or use whatever is being mentioned. We are not responsible for any information, content, emails, products, programs, or services of any other person, business, or entity that may be referenced on our Website.

Warranties

  1. You understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our Website. By using the Website, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for a particular purpose, accuracy, or otherwise.

Termination

  1. You agree and understand that we have the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.

Dispute Resolution

  1. These Terms and Conditions shall be governed by the laws of the State of California. Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by binding arbitration in Orange County, California, by the American Arbitration Association and agree to be bound by the decision(s) of the selected Arbitrator. 
  2. Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
  3. These Terms and Conditions constitute the entire agreement between you and Keren de Zwart with respect to your use of our Website, content, and products, and supersedes any other agreement, with the exception of any separate agreements, including Terms of Use, entered into by virtue of your decision to purchase any products available on our Website. Nothing on our Website nor any communications between us is to be construed as a waiver of any of the above, nor shall Keren de Zwart be deemed to have waived any portion of these Terms and Conditions absent express, written notification by Keren de Zwart expressly stating otherwise.

Your use of notyourfatherslawyer.com constitutes full and complete acceptance and agreement to these Terms & Conditions. Please contact keren@nyfl.law with any questions or concerns.

Updated August 2019