Terms and Conditions

The following terms (“Terms”) constitute an agreement between Business-ese LLC (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the Businessese website (“Website”), which is owned and operated by Company. 

Throughout these terms, the collective content from the Website, Products, or other content will be referred to as “Company Content.”

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms. Company reserves the right to modify, alter, amend or update its Website, policies, and these Terms. These Terms are subject to change without notice. If you do not agree with or do not accept any part of these Terms, you must not use the Company Content.

ADDITIONAL TERMS

Any additional policies or terms adopted by Company are hereby incorporated into these Terms by reference This includes: 

PURCHASE POLICIES

On the Website, you may purchase digital legal information products (“Products”), such as templates. The following purchase policies will apply to your purchase. 

Legal Templates

All Products have been drafted by a licensed attorney and are based exclusively on the laws of the United States of America. Businessese does not monitor purchases to ensure that all purchasers are in the US or are representatives of US companies. It is your sole responsibility to ensure that the Products are the right fit for your business needs prior to making any purchase. 

Purchase Eligibility

The Company’s Products are available only to those seeking individual support for themself or their business. The Products are not available for the following uses: 

  • Attorneys who intend to use the products, in whole or in part, within other paid products. Attorneys who are purchasing the products for themselves or their business are permitted. For example, if you are an attorney who needs a privacy policy, this is permitted. You may not, however, copy our privacy policy for use in your professional practice, nor may you resell it. (It’s happened multiple times in the past and it’s always awkward, so please don’t steal for your own template shop and then claim you didn’t do it.) 
  • Businesses that intend to distribute the content commercially, such as a website designer who provides the Businessese privacy policy to each of its clients. White labeling and licenses are available for this purpose and are only available through a separate agreement. Please email [email protected] for more information on licensing. 

If Company becomes aware that have purchased Products in violation of these Terms, Company will immediately cancel any access to the Products for such individuals. No refunds will be granted in this circumstance. A cease and desist will likely follow shortly after the access has been revoked. 

Purchase, Access, and Payments

To purchase Products, you must process your transaction through our shop, which is hosted on Shopfiy. All acceptable payment methods will be listed at the time of checkout. 

Upon purchase, you will be able to access your purchase through our learning management software, which is currently hosted on Teachable. 

If you have an existing Teachable account, access to the Businessese store may be available under your existing login. 

Please verify that you have access to the templates that you purchased and any applicable bonuses. If you are not able to access the content, please contact us at [email protected] so we may investigate the issue. 

Template Format

If you have purchased a template, you will receive: 

  • A downloadable Word doc version of the template. If you do not have access to Word, you will need access to another program that will allow you to view and edit the document. We will not send any other versions or file types. 
  • A downloadable PDF file of instructions with notes on customizing your template. 
  • Access to any bonuses offered at the time of purchase. 

Refunds

Because the Products are immediately available for you to download, we do not offer refunds. You agree that you have reviewed this refund policy and will not file any disputes or request chargebacks through your credit card issuer. If you do, this refund policy will be provided to demonstrate your awareness of the policy. 

License to Use the Products

When you purchase a Businessese template, you agree to abide by the terms of our product license. Please visit this page for more information. 

Limitations on Usage

You will receive lifetime usage of the downloaded template. This means that once you download it, you can continue to use it in accordance with our Product License. 

Template Updates

While a template is live in the Businessese store, all past purchasers will be eligible for future updates of the same template. If the template is discontinued, you will be notified via email to ensure that you can download the document. After a document is discontinued, no further updates will be made and you will not be eligible for a refund of any sort. 

Updates may be made due to changes in the law or to add features or content. 

Communications regarding Updates

If you purchase a Product, you agree that we may email you regarding that purchase. Typically, this is to advise you of any changes to the template. In rare occasions, we may notify you of changes to our system. 

FREE DOWNLOADABLE CONTENT

In addition to the Products, the Website may offer free downloadable content (“Free Content”), which contains downloadable files that you may print or view through your Browser. The following terms apply to your use of the Free Content. 

License to Use the Free Content

The Free Content has been developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission from Company.

This means that you are permitted to use the content you downloaded; however, you may not share the Free Content with any third party. Please direct them to the Website to download the Free Content. Additionally, you may not reproduce or resell the information to any third parties.

DOWNLOADABLE FILES FROM PRODUCTS AND FREE CONTENT

Both the Products and Printables involve downloadable files. You understand that you are downloading files at your risk. Company is not liable for any errors or omissions in these downloadable files. Company is not liable for any technological problems that you may encounter downloading the files. 

USE OF THE WEBSITE

Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Company Content. Subject to the license stated herein, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

  • Republication, redistribution, sale, rental, or sub-licensing of the Company Content;
  • Reproduction or duplication of any content on the Company Content for commercial purposes; or,
  • Modification of any content in the Company Content.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.

PROHIBITED USES OF THE WEBSITE

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company's express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You must not use the Website for any third-party marketing without Company's express written permission.

INTELLECTUAL PROPERTY

Copyright

Unless otherwise noted, the design, content, and all components of the Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.

Trademarks

Businessese is a registered trademark of Company. Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.

From time to time, the Company Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.

Content Contributed to the Website

In limited circumstances, you may contribute content to the Company Content, including, but not limited to, suggestions, notes, comments, posts, feedback, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company's servers; or, (iii) hosted or published on the Company Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company's rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Company Content.

Grant of Rights

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Company, whether it is part of the Company Content or provided to Company in another format. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

In the event that you contribute any comments or suggestions regarding the Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

COMMUNICATION

If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

LINKS TO THIRD-PARTY WEBSITES

The Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms and policies for any third-party website that relate to your use of the Company Content. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Company Content, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the Company Content, you expressly hold Company harmless from any and all liability in any dispute.

TERMINATION

Company reserves the right, in its sole discretion, to immediately terminate your access to the Website and Company Content (including purchased Products) without any notice to you. 

NO WARRANTIES

The Website and all Company Content are provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website, Company Content, or the information and materials provided therein.

Company makes no warranty the Website or Company Content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Company makes no warranty regarding translation or interpretation of content in any language.  

COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND COMPANY CONTENT, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms will be governed and construed in accordance with the laws of the State of Nevada. Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Clark County, Nevada. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms may not be assigned by you without Company's prior written consent; however, the Terms may be assigned by Company in its sole discretion.

All notices with respect to the Terms must be in writing and may be via email to [email protected] for Company and to your email address.

Updated: July 23, 2023