1. START HERE
The Agreements Atelier (“The Atelier”) is a shop of downloadable contract templates and educational courses. It is owned and operated by The Alcove LLC, a California limited liability company (“The Alcove,” “we,” “us,” or “our”). These Terms of Use & Purchase (these “Terms”) govern your access to and use of www.agreementsatelier.com, any funnel, checkout, or membership page we operate, and everything we sell through them.
By visiting the site, creating an account, entering your email, or buying anything, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, please do not use the site or purchase from us.
Plain English: this is the contract between you and The Alcove. We wrote it to be readable, because it would be strange to sell contract templates behind terms nobody can follow. The italic notes throughout are explanations only — the numbered paragraphs are what actually governs.
2. DEFINITIONS
“Template” means any downloadable contract, agreement, clause library, checklist, guide, worksheet, or other document sold or distributed through the Atelier.
“Course” means any digital course, workshop, masterclass, recording, workbook, or program sold or distributed through the Atelier.
“Products” means Templates and Courses, collectively, along with any bundle, pack, or membership containing them.
“Content” means everything on the site and in the Products, including text, drafting, structure, organization, design, images, video, audio, trademarks, and trade dress.
“You” means the individual purchasing or using the Products. If you are buying on behalf of a company, “you” means both you and that company, and you represent that you have authority to bind it.
3. ELIGIBILITY
You must be at least 18 years old and able to form a binding contract. The Atelier is offered from the United States and intended primarily for U.S.-based businesses. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with your local law.
4. WHAT THE ATELIER IS — AND WHAT IT IS NOT
This is the most important section in these Terms. Please read it carefully.
4.1 No legal advice. The Products are educational and informational resources. They are not legal advice and are not a substitute for legal advice. Nothing on the site, in a Template, in a Course, in an email, in a webinar or workshop, in a comment, or on any social media account associated with the Atelier or The Alcove is legal advice, and none of it should be relied on as legal advice for your specific situation.
4.2 We are not your lawyers. Buying, downloading, viewing, or using any Product does not create an attorney-client relationship between you and The Alcove LLC, between you and Shivani Law PC, or between you and any attorney associated with either.
No attorney-client relationship is created by: purchasing a Template or Course; downloading or using a Template; reading anything on this site; emailing us; submitting a form; booking or attending a call, workshop, webinar, or live session; asking a question in a community space, a comment, or a direct message; receiving a reply from us to any of the above; or being described anywhere as a customer, member, or student.
An attorney-client relationship with Shivani Law PC is formed one way and one way only: you sign a written engagement agreement (a retainer agreement) with that law firm, and the law firm countersigns it after completing a conflicts check. Until that has happened, we are not your lawyers, we owe you no duty of loyalty, competence, confidentiality, or care, and you may not rely on anything we say or sell as advice given to you. Nothing said in a sales page, an email, an ad, a workshop, or a customer-support reply changes this, and no employee, contractor, or affiliate of The Alcove LLC has authority to change it.
4.3 Do not send us confidential information. Because no attorney-client relationship exists, information you send us through the site, by email, or in any community space is not protected by the attorney-client privilege and is not confidential. Please do not send us privileged, confidential, or sensitive details about a dispute, a demand, an investigation, or any other matter — we cannot protect it, and sending it may waive protections you would otherwise have.
4.3a Attorney advertising does not change this. Some parts of this site, our emails, our ads, and our social media may constitute attorney advertising under the rules of certain jurisdictions. See Section 5. The fact that something is attorney advertising does not make us your attorneys. Advertising is an invitation to consider hiring a lawyer; it is not the hiring of one, and it creates no relationship, no duty, and no reliance.
4.4 These are starting points, not finished documents. Every Template is a general-purpose starting point drafted for a broad audience. It has not been reviewed against your facts, your industry, your counterparty, your state, or your risk tolerance. Contract law, consumer protection law, employment law, and licensing requirements vary meaningfully by state and by industry, and they change. You are responsible for reading each Template in full, filling it in accurately, adapting it to your situation, and confirming that it is appropriate and enforceable in the state where you do business, and consulting with an attorney licensed to practice in your state as needed. Please note that laws change and we may or may not update these agreements. Each agreement is drafted as per the laws in place on the date that agreement states it was drafted and/or updated. The onus is on you to ensure that all relevant provisions are included in the contract that pertain to your matter before you sign it.
4.5 Get a licensed attorney in your own state to review it. We strongly recommend that you have an attorney licensed in the state where you and your business operate review any Template before you sign it, send it, or rely on it.
This matters more than most people expect. The Templates were drafted by an attorney admitted in New York and California. She is not admitted in your state unless you are in one of those two, cannot advise you on your state’s law, and has not evaluated whether any Template complies with it. States differ on contractor classification, non-solicitation and restrictive covenants, late fees and interest caps, automatic renewal and cancellation disclosure, consumer and services statutes, e-signature formalities, mandatory contract disclosures for particular industries, and professional licensing — and a provision that is routine in one state can be void, or can carry a penalty, in another.
If you would like that review, retain independent counsel in your state. You may also inquire separately with Shivani Law PC, but that is a separate legal engagement, priced separately, subject to a conflicts check, available only where that firm is admitted, and effective only on a signed engagement agreement.
4.6 No guarantee of outcome. We do not warrant or guarantee that any Template is enforceable, complete, current, or suitable for you, that it will be honored by a counterparty, that it will hold up in a dispute, or that it will produce any particular legal, financial, or business result. Any example, testimonial, or case study reflects one person’s experience and is not a promise of your results.
4.7 You are responsible for how you use it. You alone decide whether and how to use a Template, what to change, what to leave in, who to send it to, and what to sign. You accept full responsibility for those decisions and their consequences.
5. ATTORNEY ADVERTISING NOTICE
Portions of this site, and of our emails, advertisements, and social media, may constitute attorney advertising under the rules of certain jurisdictions. This notice is provided so that no one is misled about what this is.
The Templates were drafted by Shivani Honwad, Esq., an attorney admitted to practice law in the States of New York and California, and admitted nowhere else. Nothing on this site is intended as, and nothing should be construed as, the practice of law in any jurisdiction where she is not admitted.
The Alcove LLC is not a law firm. It hosts events, sells educational materials and document templates. It does not practice law, does not provide legal services, and does not represent anyone.
Shivani Law PC is a separate legal entity with separate ownership of its files, separate obligations, and its own engagement process. Buying from the Atelier does not retain Shivani Law PC, does not put you on its client list, and does not give you any right to its services. You become a client of Shivani Law PC only by signing a written engagement agreement (retainer agreement) with that firm following a conflicts check — see Section 4.2.
Prior results do not guarantee or predict a similar outcome in any future matter. Any testimonial, review, case study, or result described anywhere on this site reflects one person’s individual experience, is not necessarily typical, and is not a promise of your results.
Plain English: yes, some of this is advertising, and yes, a lawyer wrote the templates. Neither of those things makes her your lawyer. Only a signed retainer does.
6. YOUR ACCOUNT AND ACCESS
6.1 All Products are sold and delivered through our portal, with payments processed by Stripe. Your downloads and any course or membership access live in that portal under the login you create at checkout. FG Funnels and Stripe are independent third parties with their own terms and privacy policies; we are not responsible for their availability, performance, or security. You are responsible for the accuracy of the email address you provide — delivery goes there — and for keeping your login credentials secure.
6.2 Your access is personal to you. You may not share, sell, transfer, license, or provide your login credentials to anyone else. We may suspend or terminate access, without refund, for credential sharing or any other breach of these Terms.
6.2a Delivery. All Products are digital and are delivered electronically — there is nothing to ship. On successful payment you will receive an email at the address you entered containing your download links or your access credentials, normally within a few minutes. If it has not arrived within one hour, check your spam and promotions folders first, then email [email protected] and we will resend it. Delivery to the address you provided is complete delivery; we are not responsible for an address you typed incorrectly, a full inbox, or a spam filter on your end, though we will always try and help you fix it.
6.3 Download availability may be time-limited or link-limited. Please download and save your files promptly. We are not obligated to host, re-host, back up, or re-deliver files indefinitely, though we will generally re-issue a download link upon reasonable request if you contact us at [email protected].
7. ORDERS, PRICING, AND PAYMENT
7.1 Payment. Payments are processed by a third-party payment processor. We do not receive or store your full card number. By purchasing, you represent that you are authorized to use the payment method and you authorize us and our processor to charge the full amount, including any applicable taxes and fees.
7.2 Pricing and errors. Prices are in U.S. dollars and may change at any time. If a Product is listed at an obviously incorrect price due to a typographical or system error, we may cancel the order and refund you in full, even after your order is confirmed.
7.2a Promotions and price changes. We may run sales, discounts, bundles, limited-time offers, and bonuses. You may take advantage of any promotion that is active at the time you check out. Promotions are not applied retroactively and are not applied late — if you bought before a sale started or after it ended, we cannot adjust your price, issue the difference, or add a bonus after the fact. We may change, extend, shorten, or withdraw any promotion at any time. A later discount on something you already bought is not a basis for a refund or credit.
7.2b No changes after purchase. Once your order is placed we cannot modify it, swap one Product for another, apply a code you forgot to enter, split it, or merge it with another order. Please check your cart before you check out.
7.3 Payment plans. If we offer a payment plan, you authorize recurring charges to your payment method on the stated schedule until the full amount is paid, without further notice before each charge. A payment plan is a payment convenience, not a reduction in price — your obligation is for the full purchase amount, and it survives any cancellation or loss of access. We are also not obligated to provide a payment plan.
7.4 Failed payments and late amounts. If a payment fails, we may retry the charge, suspend your access until the balance is cured, and pursue the unpaid balance. You remain responsible for the full amount. Past-due amounts accrue interest at 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower, from the due date until paid, and you are responsible for our reasonable costs of collection, including collection-agency fees and attorneys’ fees.
7.5 Chargebacks are covered by Section 8.5. Before disputing any charge with your bank or card issuer, you are required to contact us first under Section 8.5. Read it before you click anything.
8. ALL SALES ARE FINAL
8.1 Because the Products are digital and delivered to you immediately, all sales are final and non-refundable. This includes Templates, Courses, bundles, packs, memberships, and payment-plan installments. There are no returns, refunds, exchanges, credits, or cancellations, in whole or in part, whether or not you download, open, use, or complete the Product.
8.2 You acknowledge that you are buying a digital good, that you receive it immediately upon purchase, and that you knowingly waive any right of withdrawal, cancellation, or cooling-off period that would otherwise apply to a digital purchase to the fullest extent permitted by law.
8.3 What is not a basis for a refund. For the avoidance of doubt, and because these come up: changing your mind; buying the wrong Template; buying a Template you decided not to use; not reading the description; not downloading the file before a link expired; deciding you want a lawyer to draft something custom instead; a counterparty refusing to sign; a Template not containing a term you hoped it would; a Template not being suited to your state; and dissatisfaction with a Course’s content, pace, or format are not grounds for a refund. Section 4 tells you what these Products are before you buy, and you are agreeing to it at checkout.
8.4 Delivery correction — the only exception. If you were charged twice for the same Product, or if we cannot deliver a Product to you at all, contact us at [email protected] within 14 days of purchase and we will correct it — by re-delivery, by substitution, or by refunding the duplicate or undeliverable charge. This is a delivery correction, not a satisfaction refund. Any other accommodation is at our sole discretion, is a one-time courtesy, is not a course of dealing, and does not waive this Section.
8.5 CHARGEBACKS AND PAYMENT DISPUTES
Read this before you contact your bank. It affects your license and your money.
8.5.1 You must come to us first. You agree that, before initiating any chargeback, payment dispute, reversal, or claim with your bank, card issuer, or payment provider, you will first email [email protected] describing the problem, and will give us ten (10) business days to respond and resolve it. Contacting us first is a condition precedent to any payment dispute. Most disputes are a delivery or access problem we can fix the same day.
8.5.2 A chargeback on a delivered Product is a material breach. If you initiate a chargeback, dispute, or reversal for a Product that was delivered to you, without first complying with Section 8.5.1, you materially breach these Terms. On that breach, and without further notice:
(a) your license under Section 9 terminates automatically and permanently, and you must immediately stop using and delete every copy of every Product you obtained from us;
(b) your account and all access to Templates, Courses, memberships, and community spaces are revoked permanently, including access to Products unrelated to the disputed charge;
(c) any unpaid balance on a payment plan becomes immediately due in full; and
(d) we may decline to sell to you in the future.
8.5.3 We will respond with evidence. You agree that we may submit to your bank, card issuer, or payment provider, as evidence of your agreement and of delivery: these Terms; your checkout record and the acceptance checkbox you clicked, with timestamp and IP address; your order confirmation; delivery, download, and login logs; and your correspondence with us. You agree that these records are accurate and may be relied on.
8.5.4 Costs of a failed dispute. If you initiate a chargeback in breach of Section 8.5.1 and it is resolved in our favor, or if you withdraw it, you are responsible for the disputed amount plus any chargeback, dispute, or representment fee our processor charges us, plus interest under Section 7.4 and our reasonable costs of collection and attorneys’ fees. We may pursue the balance directly or through a collection agency.
8.5.5 Continued use after a chargeback. If you charge back a Product and continue to use it, you are using our copyrighted work without a license. We reserve every remedy available for that, including the invoicing right in Section 9.6 and statutory remedies for copyright infringement.
8.5.6 Nothing in this Section prevents you from exercising a right you cannot waive under applicable law, or from disputing a charge you did not authorize at all — for example, actual payment-card fraud. This Section addresses disputes over Products you bought and received.
8.6 Nothing in this Section 8 limits any non-waivable right you have under applicable consumer protection law.
Plain English: we can’t take a file back once you have it, so we don’t do refunds — and we say so clearly before you buy, on the product page, and at checkout. If something went wrong, email us and we will actually fix it. But going straight to your bank on a template you already downloaded ends your license, ends your access to everything, and we will send the receipts.
9. YOUR LICENSE TO USE THE TEMPLATES
This is what you are actually buying, so it is worth being precise.
9.1 What you get. Subject to your full payment and your compliance with these Terms, we grant you a single-user, limited, perpetual, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) download and store the Template for your own use;
(b) edit, adapt, customize, rebrand, and fill in the Template for use in your own business — meaning a business you own or control;
(c) execute the completed Template with your own clients, customers, contractors, collaborators, vendors, or other counterparties, and deliver a completed copy to that counterparty for signature and their records; and
(d) reuse the Template as often as you like within your own business, for as long as you like.
9.2 What you may not do. You may not, without our prior written consent:
(a) resell, license, sublicense, rent, lend, gift, trade, or otherwise distribute the Template, in original or modified form, as a document, product, template, freebie, lead magnet, bonus, or deliverable;
(b) share the Template or your download link with any person or business other than your own — including with friends, colleagues, mastermind groups, membership communities, Slack or Facebook groups, or clients seeking a template rather than a signed agreement;
(c) use the Template to create, populate, or supplement a competing contract template shop, template library, swipe file, course, membership, or similar offering;
(d) provide the Template to third parties as part of a service you sell — for example, an agency, consultancy, coaching program, or “done-for-you” service that hands clients a contract to use in their business. That use requires a separate multi-client or professional-use license; email [email protected];
(e) hold yourself out as the author of the Template, or represent that you drafted it, that it was drafted for your client, or that it is legal advice you are providing;
(f) remove, obscure, or alter any copyright notice, watermark, attribution, or ownership marking, except that you may remove Atelier branding from the executed version of a Template used in your own business under 9.1(b)–(c);
(g) publish the Template publicly, post it to a file-sharing or document site, or make it available for download or scraping; or
(h) use the Template, or any Content, to train, fine-tune, ground, or otherwise develop any artificial intelligence or machine learning model or dataset.
9.3 Attorneys and legal professionals. If you are a licensed attorney and you wish to use a Template as a starting point in your own practice for a client matter, you may do so only under a separate professional-use license. Contact [email protected]. Standard purchase does not grant this right.
9.4 Revocation. This license terminates automatically if you materially breach it. On termination you must stop using and delete all copies of the Template, except that agreements you already validly executed with a counterparty before termination remain effective between you and that counterparty.
9.5 One user, more than one of your own businesses. The license is a single-user license tied to you, the purchaser. You may use a Template across more than one business that you own or control — if you run three of your own ventures, you do not need three copies. What the license does not do is extend to another person, another owner, another team member who wants their own copy, or a business you do not own.
9.6 Unauthorized copies — we may invoice you. If you share, distribute, resell, gift, or otherwise provide a Template to any person or business not licensed under Section 9.1, you agree that we may, at our election and in addition to every other remedy available to us:
(a) invoice you at full current retail price for each unauthorized copy made, shared, distributed, or used, payable within 15 days, with interest under Section 7.4 on any late balance;
(b) revoke your license and all of your access permanently, without refund; and
(c) pursue any other remedy at law or in equity, including injunctive relief and statutory remedies for copyright infringement.
You agree that this invoicing right is a reasonable measure of the license fees avoided, not a penalty, and that it does not limit our right to seek any other relief.
9.7 We reserve everything else. All rights not expressly granted in Section 9.1 are reserved to The Alcove LLC.
Plain English: buy it once, use it forever, in your business, with as many of your own clients as you want. What you can’t do is turn around and sell it, give it away, or hand it to other people to use in their businesses. That’s the line.
10. COURSES AND DIGITAL PROGRAMS
10.1 Access. Course access is personal, non-transferable, and granted for the access period stated at checkout. If no period is stated, access continues for as long as we offer the Course, which may not be indefinite. We may retire, update, or replace a Course at any time. We will give reasonable notice before permanently removing access to a Course you purchased, so you can download available materials.
10.1a Bundles, packs, and all-access passes. If we offer a bundle, pack, membership, or all-access pass, the scope and duration of what it includes are as described at checkout. Unless we say otherwise: an all-access pass grants access to the Templates available on the site for the access term stated at purchase (for example, twelve months from the date of purchase); it may exclude Courses, and it may exclude Products added during your term; it does not automatically renew unless the checkout page says it does; and Templates you downloaded during your term remain yours under the Section 9 license after the term ends, while portal access does not. Individual Template purchases are perpetual and are not affected by this paragraph.
10.2 No recording or redistribution. You may not record, screen-capture, transcribe, download (except where we provide a download), repost, or redistribute any Course material, live session, or replay. You may not share your access with anyone else.
10.3 Live sessions. If a Course includes a live session, we may record it. By attending, you consent to being recorded and to the recording being made available to other participants and, potentially, used in marketing. If you do not want to appear, keep your camera and microphone off. Communications in a live session, community, or group setting are not confidential and not privileged, and attending may reveal to other attendees that you are a customer.
10.4 Community conduct. In any community space we host, you agree not to post anything unlawful, harassing, defamatory, discriminatory, infringing, or promotional without permission, and not to solicit other members. We may remove content and remove members, without refund, at our discretion.
10.5 Courses are also not legal advice. Section 4 applies in full to Courses. Answering a question during a Course, in a comment, or in a community space is general education, not advice about your matter, and does not create an attorney-client relationship.
11. OUR INTELLECTUAL PROPERTY
All Content is owned by The Alcove LLC or its licensors and is protected by U.S. and international copyright, trademark, and trade dress law. “The Agreements Atelier,” “The Alcove,” our logos, and our brand elements are our trademarks. Except for the license in Section 9, nothing in these Terms transfers any ownership interest to you, and you may not copy, modify, distribute, publicly display, create derivative works from, reverse engineer, scrape, data-mine, or commercially exploit any Content.
12. YOUR CONTENT AND FEEDBACK
12.1 If you post, submit, or upload anything to the site or to a community space (“Your Content”), you keep ownership of it. You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, and display Your Content for the purpose of operating the Atelier, and — for testimonials, reviews, and results you share publicly or send us — to use them in our marketing, with your name or handle as provided. You may withdraw consent for marketing use going forward by emailing [email protected]; we are not obligated to recall materials already published.
12.2 You represent that you own or have the rights to Your Content and that it does not infringe anyone’s rights or violate any law.
12.3 If you send us ideas, suggestions, or feedback, we may use them freely and without compensation or attribution.
13. PROHIBITED CONDUCT
You agree not to: use the site for any unlawful purpose; interfere with or disrupt the site or its security; use bots, scrapers, or automated means to access or collect Content; attempt to gain unauthorized access to any account or system; impersonate anyone; make threats and/or disparaging statements about or to any member of The Alcove; upload malicious code; or use the site in a way that infringes our rights or the rights of others.
14. THIRD-PARTY SERVICES AND LINKS
The Atelier relies on third-party platforms for hosting, checkout, payment, email, and delivery, and the site may link to third-party websites and resources. We do not control them and are not responsible for their content, availability, security, terms, or privacy practices. Your use of a third-party service is governed by that service’s own terms. We may also participate in affiliate programs; if we link to a product and earn a commission, we will say so where required.
15. DISCLAIMER OF WARRANTIES
THE SITE, THE CONTENT, AND THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: THE PRODUCTS ARE ACCURATE, COMPLETE, CURRENT, ENFORCEABLE, OR LEGALLY SUFFICIENT FOR YOU OR YOUR JURISDICTION; THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; DEFECTS WILL BE CORRECTED; OR THE SITE OR FILES ARE FREE OF VIRUSES OR HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
16. LIMITATION OF LIABILITY
16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE ALCOVE LLC NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE, THE PRODUCTS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THE PRODUCTS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
16.3 These limitations apply to all claims, including any claim that a Template was inadequate, unenforceable, missing a term, or unsuitable for your situation, and they are a fundamental basis of the bargain between us. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless The Alcove LLC and its members, managers, officers, employees, contractors, and agents from any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the site or the Products; (b) any agreement you enter into using a Template; (c) your breach of these Terms or the license in Section 9; (d) Your Content; or (e) your violation of any law or third-party right.
18. TERMINATION
We may suspend or terminate your access to the site, a Course, or a community space at any time, with or without notice, for any breach of these Terms or for conduct we reasonably believe is harmful to us or to other users. No refund is owed on termination. Sections 4, 5, 7.4, 8, 9.2, 9.4, 9.6, 11, 12, 15, 16, 17, 19, 20, and 21 survive termination.
19. DISPUTE RESOLUTION AND ARBITRATION
Please read this Section carefully. It affects how disputes between us are resolved and limits your right to go to court or participate in a class action.
19.1 Talk to us first. Before starting any formal proceeding, you agree to email [email protected] with a written description of the dispute and the relief you want, and to give us 30 days to resolve it informally. Most things end here.
19.2 Mediation. If we cannot resolve it informally, the parties agree to attempt in good faith to resolve the dispute through non-binding mediation before a single mediator in Los Angeles County, California, administered by JAMS under its then-current rules, with mediation fees split equally. Good-faith participation in mediation is a condition precedent to arbitration or litigation.
19.3 Binding arbitration. If mediation does not resolve the dispute within 60 days of a written mediation demand, any remaining dispute, claim, or controversy arising out of or relating to these Terms, the site, or the Products will be resolved by final and binding arbitration before a single arbitrator in Los Angeles County, California, administered by JAMS under its Streamlined Arbitration Rules (or its Comprehensive Rules, if the amount in controversy requires). Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
19.4 Class action and jury waiver. You and we each waive the right to a jury trial and the right to participate in a class, collective, consolidated, or representative action. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — will be severed and heard in court.
19.5 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction in Los Angeles County, California, to protect intellectual property rights or to stop unauthorized use or distribution of the Products, without first proceeding through 19.1–19.3.
19.6 Your right to opt out. You may opt out of Sections 19.3 and 19.4 by emailing [email protected] with the subject line “Arbitration Opt-Out,” including your name and the email address used for purchase, within 30 days of your first purchase. Opting out will not affect any other part of these Terms and will not affect your access to the Products.
19.7 Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.
19.8 Attorneys’ fees. In any proceeding to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.
20. GOVERNING LAW AND VENUE
These Terms and any dispute arising out of them are governed by the laws of the State of California, without regard to its conflict-of-laws rules and without regard to the U.N. Convention on Contracts for the International Sale of Goods. Subject to Section 19, the exclusive venue for any permitted court proceeding is the state and federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there.
21. GENERAL
21.1 Changes. We may update these Terms at any time by posting a revised version with a new “Last updated” date. Material changes will be noted on the site or by email where practical. Your continued use after the revised Terms are posted constitutes acceptance. The version in effect at the time of your purchase governs that purchase.
21.2 Electronic communications and e-signature. You consent to receive communications from us electronically and agree that electronic agreements, notices, and records satisfy any legal requirement that they be in writing. You agree that clicking to purchase constitutes your electronic signature to these Terms.
21.3 Assignment. You may not assign these Terms or your license without our written consent. We may assign these Terms freely, including in connection with a sale, merger, or reorganization.
21.4 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the rest of these Terms remain in effect.
21.5 No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
21.6 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
21.7 Entire agreement. These Terms, together with the Privacy Policy, the Cookie Policy, the Disclaimer, the Affiliate Policy (if you are an affiliate), and any additional terms presented at checkout for a specific Product, are the entire agreement between you and The Alcove LLC regarding the Atelier and supersede all prior discussions, marketing statements, sales pages, and understandings. Where a summary — including any “license at a glance” box, FAQ answer, or product-page description — differs from these Terms, these Terms control.
21.9 Your acknowledgment. By purchasing, you specifically acknowledge that you have read and understood: Section 4 (we are not your lawyers, and you should have counsel in your own state review anything before you sign it), Section 8 (all sales are final and what happens if you file a chargeback), and Section 9 (what your license does and does not allow).
21.8 Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency, or — as stated in Section 4 — attorney-client relationship between you and us.
22. CONTACT US
The Alcove LLC d/b/a The Agreements Atelier, e-mail address: [email protected]
The Agreements Atelier is a product of The Alcove LLC. The Alcove LLC is not a law firm and does not provide legal services or legal advice.
Templates are provided for informational purposes and are not legal advice. Purchasing a template does not create an attorney–client relationship.
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