WEBSITE TERMS OF USE

KEY TERMS

By visiting and using onyourownterms.net (the “website” or "On Your Own Terms"), you accept and agree to be bound by these Terms and Conditions, including our Privacy Policy (which is part of the Terms & Conditions). Apifocal LLC (“Company”, “I”, “We”, "Our", or “Us”), as owner of the website, reserves the right to amend or modify these Terms & Conditions at any time and without notice.

The term “You” refers to anyone who:

(a) uses, visits and/or views the website,

(b) accesses any of Our content, or

Using the website means that you agree to our Terms and Conditions at the time you access the website (including any changes since you last visited the site). You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

All website users must be at least 18 years old or of necessary age in their country of residence.

Contact Information

The owner of this website is Apifocal LLC located at 519 W 22nd Street, Suite 100, Sioux Falls, SD 57105. Our phone number is (202) 768-9390. Our email address is [email protected].

Product Licenses

By purchasing any guide, course, template, membership, or any other product or service from Us, You are granted one revocable, worldwide, non-exclusive license to the product(s) or service(s) You have purchased. You must not share your licensed product or service, username, or password with anyone else.

In the case of purchased templates, you may modify them to suit your business needs and use them in the normal course of operating your business. You may not offer or share the original or modified versions of Our templates with other businesses or individuals for a profit or for any purpose other than conducting Your business.

If you violate this license by giving or selling a copy of Our product(s) or service(s) to anyone other than the license holder, sharing your account with anyone other than the license holder, or if you imply that anyone who gets access to our template/product(s)/service(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)/service(s) permanently.

Basically, if you purchase a product from Us, you are not allowed to share it with your friends. If you love our stuff and want to share it with others, We recommend you contact us about becoming an Affiliate and give them the opportunity to purchase a template or product through your link.

Refund Policy

We want you to be satisfied with your purchase. For this reason, we offer a 30-day "any reason" refund policy. Whatever your reason for wanting a refund is, we will give you your money back.

Here's how this policy applies to our various products & services:

- For 1:1 client services, you must request a refund within 30 days of purchase.

- For lifetime access digital products (including instant access courses & any downloadable content), you must request a refund within 30 days of purchase.

- For memberships & software subscriptions (including our Template Toolbox membership), you must request your refund within 30 days of your initial purchase. Our refund policy does not apply to renewals. You are responsible for cancelling your membership before the renewal date if you do not wish to pay for the next subscription period.

- For scheduled courses, challenges, masterclasses, or webinars (basically anything that is pre-purchased but takes place some time after your purchase), you must request a refund within 30 days of that event's start date.

If you are not satisfied with your purchase and would like to request a refund, you can email us at [email protected] to request a refund. If your refund request meets our policy's requirements, we will issue your refund as soon as possible.

Our refund policy is in addition to any legal rights you have, and it in no way replaces those rights.

If you believe that a law in your geographic area entitles you to a refund outside of what is permitted by this policy, please contact us at [company email]. We will verify our legal obligations, and if required, we will provide you with a refund.

Intellectual Property

We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights that may subsist in our website and all viewable and downloadable content, including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Apifocal LLC, or any of our other properties or to our licensors ("Intellectual Property"). You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in these Terms & Conditions or with prior written consent from us.

For all purchased products and services, you purchase the license specified in the "Product Licenses" section in these Terms & Conditions. We retain the intellectual property rights to the content of those purchased products and services.

NO WARRANTIES

ALL OF OUR CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. WE MAKE NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNITIES

Legal Disclaimer

On Your Own Terms is owned by Apifocal LLC and is not a law firm.

We provide general educational information, resources, products, and services on various topics on this website (and otherwise under the On Your Own Terms name) as a public service, which should not be construed as professional, financial, tax, or legal advice. Although all of our resources and courses are created by experts in their fields, the content provided is the personal opinion of the author only.

No attorney-client relationship is formed by reading, viewing, using, or downloading any of our free resources or paid products or services. If you have a specific problem and need legal advice, contact a licensed attorney, solicitor, or appropriate legal professional in the applicable jurisdiction.

e-Signature Disclaimer

We provide e-signature functionality through some of our products/services. While e-signature is valid and enforceable for most business documents in most countries, we make no promises about our e-signature services being acceptable in any particular location, for any particular document, or in any particular circumstance.

You alone are responsible for deciding whether it is appropriate to use e-signature, and you alone must deal with the consequence of that decision.

We don't accept any liability for consequences you suffer as a result of your use of our e-signature functionality.

Earnings & Testimonials Disclaimer

We make no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through our communications or your participation in the purchase of any of our products or participation in our affiliate program. Past results are not an indication or promise of your results. There is no guarantee you will earn any money or save any money using any of our materials, and your revenue and liabilities are dependent solely on you and your actions or non-actions.

We may disclose our income reports and success results of our current or former customers including product reviews and testimonials on the website from time to time. These income reports, product reviews, and testimonials are accurate and strictly for informational purposes only.

We share this information as examples to you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, services, tips, and techniques offered here.

Any testimonials included on our websites, programs, products, and/or services are real-world examples and stories of other people’s experiences with our programs, products and/or services. But they are not intended to serve as a guarantee that you will achieve the same or similar results. Each individual’s performance is different and your results will vary accordingly.

You are encouraged to perform your own due diligence and research and are solely responsible for your earnings and results. Your earning potential and results are contingent upon your personal circumstances, abilities, experience, and skills. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.

Limitation of Liability

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with Our website, content, products, and/or services.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages, even if foreseeable, resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website, Our products, or Our services; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

Our maximum total liability for any purchased products or services shall not exceed the price paid for such product or service.

Indemnification

Your use of our websites and content is voluntary. You shall indemnify us and our affiliates, distributors, licensors, and agents and all of our and their directors, employees, and agents against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.

PRIVACY, WEB USE & SECURITY

Privacy

We are a strong proponent of privacy and will do everything in our power to respect the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.

Confidentiality

When speaking to us about our services, or after you have purchased our services, you may share information with us about your business that you wouldn't want shared with anyone else without your permission - if we consider that a reasonable person would think that the information you provided is confidential, we store it and treat it carefully and securely (we call this "Confidential Information"). We always treat your Confidential Information the same as we treat our own. We will never disclose your Confidential Information to anyone else without your permission, except as described below.

Your Confidential Information may be shared with our staff, sub-contractors, and/or third party providers only to the extent necessary in order to provide the best services to you. If we do have to share your Confidential Information for this purpose, we will ensure that any person to whom it is disclosed also stores and treats the Confidential Information with the appropriate level of security and secrecy.

Publicity

If you provide a testimonial, or make a public comment about us or any of our content, products, and/or services on any public website (including review sites), in an email or direct message to us (often referred to as "DM" or "PM"), or on social media platform, we may use any part of that feedback (either as a screenshot or a reproduction) as well as your name, photo (such as a public profile photo), social media tag, business name (if appplicable), and business logo in our marketing materials.

We will never say or post anything about you that would damage your reputation or your business.

You may request that we don't use your identifiable personal/business information for marketing purposes by emailing us at [email protected].

Availability

Your use of our website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our websites or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should our websites or the services supplied through our websites become unavailable, interrupted or delayed for any reason.

Malicious Code

Although we endeavor to prevent the introduction of viruses or other malicious code (together, "malicious code") to our websites, we do not guarantee or warrant that our websites, or any data available therein, do not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code.

Security

Although we endeavor to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.

GOVERNING LAW, DISPUTES & GENERAL TERMS

Governing Law & Mandatory Arbitration

You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the terms and conditions shall be construed in accordance with the laws of the state of Delaware, United States.

You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of Delaware, United States, without regard to conflict of law principles or where the parties are located at the time of the dispute.

You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other legal costs.

Waiver

Any waiver by us of a breach of or right under these Terms & Conditions will not constitute a waiver of any other or subsequent breach or right.

Interpretation & Severability

Headings and images are inserted for convenience and shall not affect the construction of these Terms & Conditions. The singular includes the plural and vice versa. If any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in these Terms & Conditions shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in these Terms & Conditions will remain in full force and effect. These Terms & Conditions supersede any existing communications or agreements, and is the full extent of the agreement between the parties.

All rights not expressly granted in this Agreement are reserved by Us. If you do not see a usage scenario here that applies to your intended usage, or for any questions, contact us at [email protected].

Updates

Should we update, amend or make any changes to this license, terms and conditions of use or privacy policy, those changes will be posted on the website.