Terms of Purchase

Please review these Terms of Purchase very carefully. Upon purchase of Our products/Worksheets You are bound by the Terms of Purchase Agreement, in addition to the Liability Disclosure and Disclaimer. By purchasing Our products, You are agreeing to both of these contracts and are expressing that You have been given reasonable access to review all terms with Your legal advisor prior to Your purchase. These Terms of Purchase are binding as of the date You purchase or access Our products.

We reserve the right to update and revise these Terms of Purchase at any time without notice to You. Your continued use of the Products and Website after We have updated the Terms of Purchase indicates Your acceptance and agreement to the changes.

General Terms.

This Agreement is between You ("Purchaser", "You", "Your") and Desert Poppy Therapy, LLC ("Desert Poppy Therapy," also referred to herein as "Company", "We", "Us", "Our") for any digital product purchase through this website at www.desertpoppytherapy.com, or any related domains or subdomains, such as but not limited to Etsy or Instagram Shop. You and Desert Poppy Therapy, LLC are collectively referred to herein as the "Parties."

By clicking "Add to Cart," "Buy Now," or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing or purchasing Our Product(s) through the Site, You are agreeing to adhere to and be bound by following terms and conditions, together with the Terms of Use and Our Privacy Policy, all of which are hereby incorporated by reference (collectively, the "Terms of Purchase"):

All of the products in Our store are digital downloads. All products can be downloaded immediately after purchasing. No physical product or print will be shipped. If You have any concerns, please contact Us.

Using Desert Poppy Therapy, LLC resources and products does not grant any rights beyond those stated. Desert Poppy Therapy, LLC retains copyright ownership. Usage does not grant permission to use the Desert Poppy Therapy, LLC or imply partnership. Usage does not imply Desert Poppy Therapy, LLC endorsement of Your services, product, or organization. Desert Poppy Therapy, LLC may modify these permissions at any time. By using these materials, You acknowledge that You have read, understood, and agreed to these terms. Failure to comply may result in legal action.

Scope of Products.

Our Products include but are not limited to: educational materials including guides, quizzes, fillable and printable worksheets and PDF's, guided imagery scripts, and other digital products available for purchase or download.

License to Use Product(s).

Individual Professional Use:

So long as You comply with these Terms, Desert Poppy Therapy grants You ONE (1) revocable, worldwide, non-exclusive, non-transferable license to download, view, edit, copy and print the Product(s) You purchase solely for Your individual professional use with Your clients, and which is not to include any reproduction, copying, or any other use of the Product(s) for resale or distribution ("Permitted Use"), provided that You: (1) abide by all copyright protections afforded to the Product(s), both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Product(s), both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Product(s) or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Product(s) in any way beyond edits and completions necessary to complete template forms and other Product(s) consistent with Permitted Use provided by these Terms.

Shared Professional Use:

So long as You comply with these Terms, Desert Poppy Therapy grants You ONE (1) revocable, worldwide, non-exclusive, non-transferable license to download, view, edit, copy and print the Product(s) allowed to be shared within Your group practice. You purchase for Your shared professional use including a group practice with shareability with up to eight (8) practitioners and their clients, and which is not to include any reproduction, copying, or any other use of the Product(s) for resale or distribution ("Permitted Use"), provided that You: (1) abide by all copyright protections afforded to the Product(s), both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Product(s), both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Product(s) or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Product(s) in any way beyond edits and completions necessary to complete template forms and other Product(s) consistent with Permitted Use provided by these Terms.

If You violate this license by giving away or selling a copy of Our worksheet(s) to any third party other than what is detailed above, We reserve the right to invoice You for the licenses You have gifted to others, revoke Your access to Our worksheets(s) permanently, and/or sue for any and all damages.

Such permission to modify Product(s) consistent with Permitted Use in no way expands the limited license provided herein, nor does grant You intellectual property ownership in, or provide a general right to modification of, the Product(s).

Intellectual Property.

All Products are the intellectual property of and are owned by Desert Poppy Therapy, LLC. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and We reserve all rights not expressly granted to You. Permission to alter or modify the Products in a way that is consistent with the Terms of Purchase does not grant You intellectual property ownership or the right to modify the Products beyond these conditions, and in no way expands the limited license provided upon purchase.

Disclaimer.

The Worksheets are provided solely for general educational, normalization, and informational purposes to support the work of qualified mental health professionals. The Worksheets are NOT medical, clinical, psychological, psychiatric, or legal advice, and they do not constitute the practice of any licensed profession by the Company.

The Worksheets are not a substitute for, and must not be relied upon in place of, the Purchaser's own independent professional and clinical judgment, assessment, diagnosis, treatment planning, or treatment. The Company is not engaged in rendering clinical, medical, legal, or other professional services through the sale or distribution of the Worksheets. Use of this material is voluntary.

Review Your "Liability Disclosure and Disclaimer" Agreement that is distributed upon purchase for more information including full disclosure and disclaimers related to liability, which You are legally bound by once purchased.

You must follow all restrictions on sharing Our products, such as:

[1]Never email copies of Our products to a mailing list.

[2]Never republish Our products as part of a book or resource library or on another website or digital platform.

[3]Never share copies of Our products for the purpose of further distribution, such as with other Practitioners to use within their own practice (instead, direct them to the Website).

No Warranties.

THE PURCHASE-ABLE PRODUCT(S) BY DESERT POPPY THERAPY, LLC ARE PROVIDED "AS-IS" AND OFFERS NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THESE SITES IS DONE AT YOUR OWN DISCRETION AND AT. YOUR OWN RISK. DESERT POPPY THERAPY, LLC MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

No Guarantees.

Desert Poppy Therapy, LLC does not make any guarantees as to the results of purchased product(s), including but not limited to increased stability of mental health or accurate diagnosis. The information included in and with the Products is provided for informational purposes only. Review Your "Liability Disclosure and Disclaimer" Agreement that is distributed upon purchase for more information including full disclosure and disclaimers related to liability, which You are legally bound by once purchased.

Payment and Billing.

By providing the Company with Your preferred payment method, You represent that You: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the "Authorized Payment Method") for any fees related to Your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which You have chosen to enroll (collectively, the "Fees"). If You are taking advantage of any limited time trial-period offer or subscription and You do not cancel the service on or before the last day of the trial period, You are authorizing Us to charge Your payment method for the service. Unless otherwise indicated, all Fees are in United States Dollars (USD).

Refund and Exchange Policy.

All contract templates are NON-REFUNDABLE and non-exchangeable after purchase. Due to the digital nature Our Products and immediate delivery or access upon purchase, We do not allow for returns or refunds under any circumstances. Additionally, no modifications to Your purchase will be granted once Your purchase is made.

Chargebacks.

By attempting a chargeback with Your financial institution, either on purpose or by mistake, You are expressly agreeing to pay the full cost of Your original purchase, plus any fees or associated costs incurred by Desert Poppy Therapy, LLC to present these Terms of Purchase to Your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.

Promotions and Discounts.

We may offer promotions, limited time offers, bonuses, or discounts ("Promotions") to potential customers from time-to-time via advertising and marketing. You are entitled to the Promotion offered at the time of purchase. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when You make a purchase through the Site. We reserve the right to change or alter any Promotions at any time and at Our sole discretion. If You made a purchase of Our Products prior to any associated Promotions, We are unable to honor the new offer.

Maximum Damages.

The sole remedy for any actions or claims shall be limited to and shall not exceed the total purchase price paid by Purchaser for the Product(s) it purchased under this Agreement from Desert Poppy Therapy, LLC.

Age of Majority.

By using the Site, or any Products for which You tender payment or otherwise obtain through the Site, You represent and warrant that You are at least the age of majority in Your state or province of residence, or otherwise legally able to enter into a valid contract.

Waiver.

Our failure at any time to require performance of any provision of these Terms of Purchase or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Desert Poppy Therapy, LLC of any breach of any provision of these Terms of Purchase or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Purchase.

Severability.

If any provision of these Terms of Purchase is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Purchase will remain in full force and effect.

Indemnification.

You agree to indemnify and hold Desert Poppy Therapy, LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, that arise from Your use or misuse of this site and products. We reserve the right to defend any such claim, and You agree to provide Us with such reasonable cooperation and information as We may request.

Effect of Headings.

The subject headings of the paragraphs and subparagraphs of this Terms of Purchase Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Questions.

If You have any questions about this Site or the Terms of Purchase, please contact Us: aubrey@desertpoppytherapy.com.