USE OF THIS WEBSITE DEMONSTRATES ACCEPTANCE OF THESE TERMS AND CONDITIONS

These Terms of Use are entered into between You and The Standing Mountain, LLC doing business as The Standing Mountain Coaching Company (“Company” “we” or “us”).

PARTIES

The term “you” or “your” refers to any user, purchaser or visitor of this website (“the Website”), including any content, downloadable materials and purchased products such as templates or training modules (herein referred to as “products”). By using this website you agree that you are at least 18 years old or of legal age in your applicable jurisdiction and eligible to form a binding contract with the Company.

ACCEPTANCE OF TERMS OF USE

The following Terms and Conditions “Terms of Use” govern your use of and access to the Website. The Terms of Use are legally binding and it is your responsibility to read them before you use this Website or purchase any products. By using and/or visiting this website you accept and agree to be bound and abide by these Terms of Use.

Company reserves the right to update or change the Terms of Use at any time in its sole discretion. All changes are effective immediately once posted and apply to all access to and use of the Offer thereafter.

MODIFICATIONS AND DISCONTINUATION

Company reserves the right to modify or discontinue the Website, or any products offered on the Website, or any part thereof, temporarily or permanently, with or without notice. You agree that the Company will not be liable if for any reason all or any part of the Website or any products on the Website is unavailable at any time or for any period.

USER ACCOUNT

If you are provided with a username, password or any other account information, you must treat such information as confidential. You may not provide your username, password or other account information to another person or provide any other person with access to any purchased products using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your account, username or password. You agree to use your account with caution.

INTELLECTUAL PROPERTY RIGHTS

All content and features on the Website, including but not limited to products, information, images, text, designs, graphics, video, audio, and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws.  The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.

TEMPLATES FOR PERSONAL USE

The products or resources sold on this Website are solely for personal and non-commercial use. You may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display.

NO REPRODUCTION

You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material in the products, including any products you purchase except and only except as follows: i) You may print or download one copy of a reasonable number of pages solely for your own personal, non-commercial use; ii) If Company provides desktop, mobile or other applications for download you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use. The products sold on this Website are for personal use. You may not share them or sell them to any third party. 

REPEAT INFRINGER POLICY

In accordance with the DMCA and other applicable law, the Company has a policy of terminating the user accounts of repeat infringers. We may also at our sole discretion limit access to the products and/or terminate the users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

FEES

Fees for the products are set forth in the Shop Contracts section of the Website. Company reserves the right to change the fees at any time.

REFUND POLICY

Due to the immediate, direct access to the digital products, the Company does not offer a refund of any kind. Additionally, if you sign up for a payment plan, the Company does not allow you to cancel the remaining payments for any reason. Please read the details and description of the offer so you understand exactly what is included in each products.

PAYMENT POLICY

You agree and warrant that all payment instruments, credit card and related information, i.e. billing address, used in connection with the legal templates and Website, are correct and that you are authorized to use such payment instruments. With regard to any payment plan, you agree to pay the Company the amount specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize the Company to bill your payment instrument in accordance with the terms of the applicable payment plan.  If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. You agree that you will request a refund prior to requesting a chargeback with your financial institution. In the event you attempt to acquire a chargeback, you will forfeit access to products and services from and by the Company. We may present proof of your consent to these Terms of Use and your access to the products and services to the financial institution. 

SOCIAL NETWORKING SERVICES

You may be able to enable or log into the Website via various online third party services, such as social networking services (“Social Networking Services”). Any information you provide to Social Networking Services that is provided to us will be used, stored and disclosed by us in accordance with our PRIVACY POLICY. The manner in which your information is used, stored and disclosed by Social Networking Services is governed solely by the policies of such third parties and the Company has no liability or responsibility for the actions of such third parties.

MOBILE SERVICES

The Website may include items that are available via mobile device “Mobile Services”. To the extent you access the Website through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.

USER CONDUCT AND CONTRIBUTIONS

These User Conduct Standards apply to the entire Website including all images, information, data, text, software, photographs, graphics, or other material (“User Content”) that you upload, publish, email or display via the Website. You are solely responsible for all User Content that you upload, publish, email or display via the Website User Content must comply with all applicable federal, state, local, and international laws and regulations. User Content must not: i) Infringe on any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity; ii) Contain software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or pose or create a privacy or security risk to any person; iii) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; iv) Contain any material that is defamatory, obscene, indecent, pornographic, vulgar, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; v) Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person; vi) Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; vii) Solicit personal information from anyone under the age of 18; viii) Promote any illegal activity or unlawful act; ix) Impersonate any person or entity, or misrepresent your identity or affiliation with any person or organization; x) Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; xi) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

The Company reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in its sole discretion, it determines violates this Terms of Use Agreement. The Company is not responsible for User Content nor does it endorse any opinion contained in any User Content. You will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including attorney’s fees) arising out of any claims related to your User Content.

WEBSITE MONITORING / ENFORCEMENT

The Company has the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Offer.

TERMINATION

The Company has the right to terminate or suspend your access to the Website or templates for any or no reason including without limitation, any violation of these Terms of Use.

DISCLAIMER

This Website and any products therein are for informational/educational purposes only. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Neither the company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website or that the legal templates on the Website will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Website will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. Nothing on this Website should be construed as medical, legal, or financial advice. Your use of this Website and its contents, is at your own risk. The Website and its content, are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the Website or any items obtained through the Website. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. We cannot guarantee that all information on the Website is completely accurate, complete or up to date, and disclaim liability for any such errors or omissions. 

ASSUMPTION OF RISK

By purchasing any product(s) on this Website, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you.

INDEMNITY AND RELEASE

You agree to indemnify, defend and hold harmless the Company, its affiliates, employees, agents, licensors, and service providers from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of your use of the Website, including but not limited to your User Content, any use of the Website’s content, Services, and products other than as expressly authorized in these Terms of Use, or your use of any of the information obtained from the Website and Services.

LIMITATION ON LIABILITY

You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with the Website, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

SEVERABILITY

If any portion of this Terms of Use is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

ENTIRE AGREEMENT

This Agreement constitutes the final, exclusive agreement between you and Company regarding the use and access of the Offer. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the you and Company regarding the Website are expressly merged into and superseded by this Agreement.

CONTACT

This Website is operated by The Standing Mountain LLC, 4231 Balboa Ave #3040 San Diego, California 92117. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@thestandingmountain.com

LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

BINDING ARBITRATION, VENUE AND CHOICE OF LAW

Any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, including the applicability and/or enforceability of this binding arbitration provision, shall be settled exclusively by binding and non-appealable arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be three. The place of arbitration shall be San Diego County, California. California law shall apply. Each party shall pay its own proportionate share of arbitrator fees and the arbitration fees and expenses of the American Arbitration Association. This binding arbitration will be the parties’ sole remedy in the event of a dispute between you and Company. The parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.