Terms of Purchase for Digital Content

These Terms of Purchase (“Agreement”) are effective by and between Calm Spaces, Inc. (“Company”), and purchaser of the digital product (hereafter “Buyer”), for the purpose of Buyer purchasing, downloading, viewing, or otherwise receiving any digital product from Company. Any digital content, webinars, pdfs, guides, e-books, videos, downloadable content, or subscription or membership-based content offered for sale or for free as part of a giveaway is hereafter referred to as the “Product.” Buyer hereby agrees to these terms of purchase by checking the box in the online shopping cart checkout, or by submitting payment for the Product, or by downloading or accessing the Product as part of a free giveaway. Hereafter the word “purchase” and its tenses also refers to the act of acquiring a Product that is free as part of a giveaway.

Usage

After purchasing the Product, Buyer will be given access to the product materials within 2 business days through a download link delivered via email. Buyer will have access to the download so long as the product is available.

Company hereby grants to Buyer one (1) exclusive, non-sublicensable, non-transferable license to access and use the Product for personal, non-commercial, individual use. Buyer understands and agrees that the Product may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Buyer’s license and access to the Product. The license grants no ownership or copyrights to the Product or any information contained therein.

Buyer may only use the Product for his/her own personal use. 

Payment

In consideration for access to the Product, Buyer agrees to compensate Company by paying the fee indicated in marketing materials or in the online shop. If any payment methods are declined by the online payment processor, Buyer shall provide a new payment method before receiving access to the Product. In the event Buyer has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.

Refunds

Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees will be allowed under any circumstances.

Personal Information

Buyer will be asked to provide personal information including their name, email address, phone number, mailing address, and billing address. Buyer agrees to allow Company access to this personal information for all lawful purposes. Buyer is responsible for the accuracy of the identifying information, maintaining the safety and security of their identifying information, and updating Company on any changes to their identifying information.

Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination of the Product license.

Copyright

Company retains all copyrights to the Product. Company retains ownership of all intellectual property and information contained within Product. The Product license grants use, not ownership.

Warranties and Liability 

Company will make a reasonable effort to ensure that the Product is accurate and fit for use. Company takes no responsibility whatsoever for the suitability of the Product to Buyer’s unique circumstances. Any information contained within the Product is not a substitute for professional services from a professional organizer, attorney, CPA, mental health practitioner, physician, life coach, or other professional that could provide Buyer with personalized services. Company provides no warranties as to the functionality of the file formats and their compatibility with Buyer’s equipment. Company provides no warranties, including express, implied or statutory, warranties of merchantability or fitness for particular purpose. Buyer agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Buyer’s use of Product or Buyer’s breach of these terms of purchase. Company shall not be liable to Buyer or any third party for consequential, indirect, special or exemplary damages arising from Buyer’s use of Product. 

Guarantees and Assumption of the Risk

Company makes no guarantees as to the financial gains, achievement of personal goals, or other personal gains that may or may not result from Buyer’s use of the Product. Buyer agrees to assume full responsibility for consequences resulting from following advice or techniques taught by Product. Buyer chooses to follow guidance, checklists, techniques, and advice at Buyer’s own risk.

Reasonable Expectations 

Buyer acknowledges that Company’s Product provides generalized advice and techniques. Product will produce different outcomes and results for each Buyer. Buyer understands and agrees that every Buyer is different and will have a different result and opinion of Product. Buyer acknowledges that Product is intended for a mass audience and is in no way customized to any Buyer’s unique situation.

Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

Venue and Jurisdiction

The laws of the State of California shall govern this Agreement and any resulting arbitration shall take place within San Francisco County, California.

Mediation and Arbitration 

Any and all disputes arising between the parties to this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in San Francisco, California, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

Transfer 

This agreement cannot be transferred or assigned to any third party without written consent of both parties.

Severability and Breach Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion of this agreement.

Terms of Use

Digital content may be subject to our Terms of Use.

Your Privacy 

Please read our Privacy Policy.

Copyright/Trademark Information 

Copyright 2024©. All rights reserved.  All trademarks, logos and service marks displayed on the Product are the property of Calm Spaces, Inc. or the property of other third-parties. You are not permitted to use these marks without our prior written consent or the consent of such third party which may own the marks.

Contact Information

Calm Spaces, Inc. contracts with California Registered Agent, Inc. to receive legal documents on our behalf.

California Registered Agent, Inc. 
1401 21st Street Suite R
 Sacramento, CA 95811

hello@calmspaces.com