Terms and Conditions of Use

Please read these Terms and Conditions of Use ("TOU") carefully.

You must agree to these TOU before you are permitted to use any GuideWyze digital or downloadable resources, ebooks, workbooks, document bundles, printed books, one-on-one advance care planning advocacy sessions, online content, or enter any online private forums operated by GuideWyze (for any purpose), whether on a website hosted by GuideWyze or a third-party website such as kajabi.com, calendly.com, zoom.us, or facebook.com (collectively the "Program"). If you do not agree with these TOU, you may not use the Program.

As used in these TOU, the term "Releasees" is defined to include the following: (i) GuideWyze, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, the "Company"); (ii) any Company volunteers; and (iii) Jennifer Michaels.

1. The Program

GuideWyze offers a range of educational products and advocacy services related to advance care planning. Depending on what you purchase or access, the Program may include:

• Digital products, including ebooks, workbooks, document bundles, and downloadable templates
• Printed books and companion materials
• One-on-one advance care planning advocacy sessions, typically conducted via Zoom
• Email-based support related to a specific purchase
• Educational content distributed via the website, email sequences, social media, and other channels
• Access to any private community or forum operated by GuideWyze, if and when offered

Specific deliverables, timelines, and inclusions for each product or service are described on the relevant product page or in the booking description at the time of purchase.

2. Eligibility

You must be at least 18 years old to purchase any product or service from GuideWyze. By using the Program, you confirm that you are 18 or older and have the legal capacity to enter into this agreement.

GuideWyze products and services are intended for users in the United States.

3. Payment and Refund Policy

All prices are listed in U.S. dollars. Payment is processed through Stripe via our website. By submitting payment, you authorize the Company to charge the payment method you provide.

Digital Products

All sales of digital products — including ebooks, workbooks, downloadable document bundles, templates, and any other downloadable content — are final and non-refundable once the download has been delivered or accessed. Because digital products cannot be returned, please review product descriptions carefully before purchasing.

One-on-One Sessions

• Sessions canceled or rescheduled at least 48 hours in advance are eligible for a full refund or reschedule.
• Sessions canceled with less than 48 hours' notice, or missed without notice (no-shows), are non-refundable.
• If GuideWyze cancels or reschedules a session, you will be offered a reschedule or full refund at your choice.

Printed Books and Physical Materials

Unopened, undamaged physical products may be returned within 14 days of delivery for a refund of the product price. Shipping is non-refundable. Return shipping is the customer's responsibility unless the product arrived damaged or defective.

General Terms

The Company reserves the right, in its sole discretion, to determine how to manage any purchaser who violates these TOU. Therefore, if you disagree with how the Company manages another purchaser and request a refund, the Company will deny such request.

Furthermore, if a purchaser violates this TOU, the Company reserves the right, in its sole discretion, to offer the purchaser another opportunity to abide by this TOU. If you disagree with the Company offering another purchaser a second opportunity to follow these TOU, that does not entitle you to a refund. Refund requests made on this basis will not be granted.

If, in the Company's sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access to the Program without notice and without refund.

You have agreed to the Company's clear and explicit refund policy before completing your purchase and agree that you will not file a fraudulent chargeback with your credit card company or payment processor. If a chargeback is found to be fraudulent, the Company reserves the right to refuse future transactions with you, report the fraudulent chargeback to credit reporting agencies and/or chargeback databases, recover all of the Company's expenses and attorney's fees incurred due to your payment default, and take any other appropriate legal action.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund, that shall immediately terminate any and all licenses granted to you under this TOU. You shall immediately cease using the Content, defined below, and shall destroy all copies in your possession, including without limitation: video recordings, audio recordings, forms, templates, documents, slide decks, worksheets, and any other resources provided to you by the Company. In addition, you will lose access to any online community or social media groups limited to purchasers.

4. Intellectual Property Rights

a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing ("Content") is property of the Company and/or its affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

b. The Company's Limited License to You

If you view, purchase or access the Program or any of the Content, you will be considered the Company's licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license to the Content for personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use one copy of the Program materials or other Content for your own personal purposes or for the planning needs of your immediate family.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family outside your immediate household, or any other third party, or otherwise use any Content for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Content for personal use you in no way assume any ownership rights of the Content — it is still Company property. Any unauthorized use of any Content shall constitute infringement.

You must receive the Company's written permission before using any of the Content for your own commercial use or before sharing with others.

You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies.

The trademarks and logos displayed on the Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the Company's written permission.

All rights not expressly granted in these terms or any express written license, are reserved by the Company.

c. Unauthorized Use

Your use of Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted ("Unauthorized Use"). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

d. Your License to the Company; Use in Testimonials and Marketing

By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images, videos, or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least eighteen (18) years old.

The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, "Your Material"), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant the Company the right to make it part of the Company's current or future website and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you.

You acknowledge that, if you grant this consent, the Company has the right but not the obligation to use Your Material and that the Company may cease the use of Your Material on the Company's website or in the Content at any time for any reason.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company's use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your use of the Program.

If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that the Company has the right but not the obligation to use any contributions from you and that the Company may elect to cease the use of any such contributions in the Program or in the Company's Content at any time for any reason.

e. Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect the Company's intellectual property and ownership rights in the Program and Content.

5. Your Conduct

Please choose carefully the materials that you upload, submit, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company's website or in any third-party forums operated by the Company may become public.

You are responsible for the comments, posts, photos, images, videos and other contributions you submit and for any liability that may result from any material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company's website and in any third-party forums operated by the Company, whether by leaving a comment or engaging in a chat, in a public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene, or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

You are strictly forbidden from the following:

• Harassing, fighting with, or being disrespectful to other purchasers
• Causing damage to any Company website or third-party forums operated by the Company
• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software
• Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications including, but not limited to, communications for marketing or advertising purposes
• Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
• Sharing private and proprietary information from other purchasers with anyone else
• Using discriminatory speech, hate speech, comments, or actions against other purchasers based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

The Company may post separate guidelines regarding your behavior in any online community or forum, whether hosted on the Company's website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.

While the Company does its best to create a safe and welcoming Program, the Company cannot guarantee that all purchasers will follow these guidelines. The Company, in its sole discretion, may delete or modify, in whole or part, any comments, posts, content, or materials, however, the Company does not have a duty to review all comments, posts, content, and materials. Therefore, the Company shall not be held liable for any comments, actions, posts, content, or materials that result in another purchaser's trauma or discomfort. The Company also does not endorse or make any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and on any third-party forums operated by the Company.

If, in the Company's sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your access to the Program and Content without refund.

Session Conduct

In addition to the general conduct standards above, during one-on-one advance care planning advocacy sessions:

• Please join the session on time. Sessions begin and end at the scheduled time. Late arrivals will not extend the session.
• The Company reserves the right to end any session immediately, without refund, if a participant is abusive, threatening, intoxicated, or otherwise disrupting the session.

6. Confidentiality

The Company is not legally bound to keep your information confidential. However, the Company voluntarily maintains confidentiality standards appropriate to the sensitive nature of advance care planning work, as described in the Privacy Policy.

You agree that the Company shall not be liable for the disclosure of any of your information by another purchaser. You agree to keep all information you learn about other purchasers, their families, or their personal circumstances strictly confidential except in very rare circumstances where disclosure is required by law.

The Company may record live sessions or trainings and share them within the Program, in future programs, on the Company's website, or in third-party forums operated by the Company. You agree you will not share any recordings or third-party forum postings outside the private areas of the Company's website or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.

Due to privacy and intellectual property concerns, you may not use artificial intelligence technology to record or transcribe any live sessions, trainings, workshops, classes, or webinars.

7. Username and Password

To access certain features of the Program, including any private areas limited to purchasers, you may need a username and password through Kajabi or another platform. It is your responsibility to inform the Company by emailing [email protected] if you are unable to access your account. You agree to keep your username and password confidential. You also agree to provide true, accurate, current and complete information about yourself during the registration process. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future access to the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company's Privacy Policy.

8. Termination

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, upon delivery of written notice, at any time. If you violate any provision of this TOU, the Company may terminate your access to the Program immediately and without refund.

In the event of cancellation or termination, you are no longer authorized to access the affected portions of the Program or Content. The restrictions imposed on you in these TOU regarding the Program and its Content will still apply now and in the future, even after termination by you or the Company.

In the event of termination, any remaining installment (if applicable), default, or late payments will be due immediately.

9. Personal Responsibility, Assumption of Risk, Release, Disclaimers

a. You are voluntarily accessing the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.

b. Not Medical, Legal, or Financial Advice. GuideWyze provides educational content and advocacy support for advance care planning. The Company is not a licensed medical provider, licensed attorney or law firm, licensed financial advisor, or licensed healthcare provider. Your access to and use of the Program does not establish a doctor-patient, attorney-client, counseling, or accountant-client relationship — or any other professional relationship protected by legal privilege — between you and the Company, or any of its employees or contractors.

c. The Program and Content provide information and education only, and do not constitute professional advice of any kind, including but not limited to financial, legal, medical, or psychological advice. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.

d. Advance Care Planning Documents. Documents discussed during sessions or included in any product — including advance directives, healthcare powers of attorney, living wills, and similar legal forms — should be reviewed by an attorney licensed in your state before execution. State laws governing these documents vary, and the Company does not warrant that any document, template, or form will be valid or effective in your jurisdiction. The Company is not responsible for the legal validity, enforceability, or outcome of any document you complete or execute based on the Program or Content.

e. HIPAA. The Company is not a HIPAA-covered entity. While the Company treats all information shared with us as confidential (see the Privacy Policy), the Company is not subject to HIPAA regulations and the protections HIPAA provides do not apply.

f. You acknowledge that, by purchasing the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless from any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your access to and use of the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.

g. Earnings and Results Disclaimer. You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your use of the Program. The Company cannot and does not guarantee that you will achieve any particular result or outcome from your use of the Program, and you understand that results differ for each individual. Advance care planning outcomes depend on many factors beyond the Company's control, including family dynamics, state laws, healthcare systems, and individual circumstances.

h. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

i. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, the Company will try to limit the frequency and duration of suspension or restriction.

j. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY'S WEBSITE, INCLUDING PAGES LIMITED TO PURCHASERS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

k. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS CONTENT, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

10. Security

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under the Company's control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.

11. Legal Disputes and Waiver of Class Actions

These TOU shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to its conflict of laws principles. The state and federal courts located in Maricopa County, Arizona shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company's Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

The parties waive any right to bring claims as part of a class or collective action and agree to limit any litigation to individual claims they may have against one another.

The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys' fees and costs from the other party.

12. Users Outside United States

The Company controls and operates the Program from offices in the United States. The Company does not represent that the Program or its Content are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. Indemnification

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company's website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company), or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

14. Force Majeure

The Company shall not be liable for any failure or delay in performance under these TOU due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, civil unrest, labor disputes, internet or utility outages, or failures of third-party service providers.

15. Severability

If any portion of these TOU is found to be unenforceable, the remaining portions will remain in full force and effect.

16. Entire Agreement

These TOU, together with the Privacy Policy and any other policies referenced here, constitute the entire agreement between you and the Company regarding your use of the Program. They supersede any prior agreements or understandings.

17. Changes to These TOU

The Company may update these TOU from time to time. When the Company does, the updated version will be posted here with a new "Last Updated" date. Material changes will be communicated by email or a notice on the Site. Your continued use of the Program after changes take effect constitutes acceptance of the updated TOU.

18. Contact

If you have questions about these TOU, please contact:

Jennifer Michaels
GuideWyze
10105 E Via Linda, #103-651
Scottsdale, AZ 85258
[email protected]