Terms & Conditions

TERMS AND CONDITIONS OF USE

Last Updated: November 1, 2025

These are the Terms and Conditions of Use for ByDianneGomez (the “Company,” “we,” “our,” or “us”), covering the website located at www.ByDianneGomez.com and any related pages, emails, checkout experiences, products, services, and materials (collectively, the “Offering”). Our business location is San Diego, California, USA. You can reach us at info@bydiannegomez.com.

“You” and “your” refer to any visitor, user, or purchaser who accesses our Offering.

NOTICE: These Terms are legally binding. By visiting, using, or purchasing from our Offering, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Disclaimer, each incorporated by reference. If you do not agree, do not use the Offering.

1) GENERAL PROVISIONS

  • Ownership & Hosting. The Offering is owned and operated by the Company. We host on reputable platforms and use reasonable efforts to maintain availability but make no guarantees your use will be uninterrupted or error-free.
  • Age Requirement. You must be 18 years or older (or the age of majority in your jurisdiction) to use or purchase from the Offering.
  • Changes. We may update these Terms at any time. The “Last Updated” date will reflect the most recent changes. Your continued use after changes constitutes acceptance.
  • Consent to Terms. You are legally bound to these Terms whether or not you have read them in full.

2) ACCEPTABLE USE & USER CONTENT

  • Lawful Use. You agree to use the Offering only for lawful purposes and not to upload, transmit, or distribute any content that is illegal; infringes the rights of others; is defamatory, obscene, hateful, harassing, or otherwise objectionable; contains malware; attempts to gain unauthorized access; or disrupts the Offering.
  • Your Submissions. For any content you upload, post, email, submit, or otherwise make available to us (including on our social media or community spaces), you represent you own or have permission to use it and grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, display, distribute, edit, and create derivative works for business purposes. You are solely responsible for your submissions and any infringement arising therefrom.
  • No Confidentiality. Communications sent through website forms, email, comments, or social platforms are not confidential unless expressly stated by separate agreement or required by law. See our Privacy Policy for how we store and use data.

3) INTELLECTUAL PROPERTY; LIMITED LICENSE

  • Our IP. All content in the Offering—text, designs, graphics, photographs, videos, audio, code, downloads, logos, trademarks, service marks, trade dress, and overall “look and feel”—is owned by or licensed to the Company.
  • License to You. We grant you a limited, revocable, non-transferable, non-exclusive license for personal, non-commercial use to access the Offering and to download/print materials you have paid for or opted to receive, for your own use only.
  • Prohibited Uses. You may not copy, reproduce, republish, upload, post, transmit, modify, sell, resell, rent, license, distribute, create derivative works from, reverse engineer, or otherwise exploit any part of the Offering without our prior written consent. Team access requires one license per user unless otherwise stated.
  • Attribution. Use of our trademarks or copyrighted materials requires prior consent and proper attribution (e.g., © ByDianneGomez).

4) REVIEWS, TESTIMONIALS & MODEL RELEASE

  • Product Reviews. If you submit a rating or review, you affirm you used the product sufficiently to comment; you will not include offensive, discriminatory, misleading, or unlawful content; you are not a competitor or affiliated with one in a conflicting way; and you will not organize review campaigns unless authorized. We may accept, reject, edit, or use reviews at our discretion and assume no liability for user reviews.
  • Images & Likeness. If you submit or allow the platform to display your image (e.g., profile photo), you grant us a commercial license to use your image and likeness for reasonable future business purposes. We are not obligated to notify you of such use.

5) THIRD-PARTY LINKS, TOOLS & PLATFORMS

  • Links. The Offering may link to third-party websites or resources. We do not control and are not responsible for third-party content, practices, or transactions. Use of third-party sites is at your own risk.
  • Platforms (including Flodesk). We may use third-party platforms and providers—such as Flodesk (Email & Checkout), payment processors (e.g., Stripe, PayPal), analytics, and hosting. Your use of these services may be subject to their separate terms and policies. Except in cases of gross negligence by us, you agree to hold both us and Flodesk, Inc. harmless from claims arising out of third-party technology failures.

6) SECURITY & ACCOUNTS

  • Credentials. You are responsible for safeguarding your login credentials and for any activity under your account.
  • Payments. To the best of our knowledge, we do not store full payment details; transactions are processed by third-party payment processors you select at checkout. By using them, you agree to their terms and assume any associated risks.

7) PRODUCTS, PROGRAMS & DIGITAL CONTENT

  • Scope. We may offer free downloads and paid products/services (courses, digital files, memberships, coaching, templates, etc.). All such items are copyright-protected.
  • License. Your purchase grants a personal, non-transferable license to use purchased content for your own internal purposes. You may not share, redistribute, or resell our products or access.
  • No Professional Advice. Content is for educational and informational purposes only and does not constitute medical, legal, financial, or other professional advice.

8) PURCHASES, BILLING & RENEWALS

  • Authorization. You authorize us to charge the payment method you provide for the total shown at checkout, including applicable taxes, shipping, and handling (if any). Provide current, accurate, and complete information and update it when needed.
  • Pricing. Prices are subject to change for new purchases. We may correct pricing errors even after payment by notifying you and offering options.
  • Recurring Plans. If you enroll in a recurring product or an automatically renewing subscription (including email and/or checkout-related plans sold through our Offering), you authorize recurring charges until you cancel in accordance with the product’s stated cancellation policy.
  • Currency & Taxes. Unless otherwise specified, charges are processed in USD. Taxes may apply based on your or our location and will be added at checkout.

9) REFUNDS, RETURNS & CHARGEBACKS

  • All Sales Final. No refunds, returns, or exchanges are offered unless explicitly stated for a specific product in writing at the time of purchase. Please review product details carefully before buying.
  • Chargebacks. You agree to contact us first to resolve any billing issue before initiating a chargeback. If you file a chargeback, you forfeit access to the Offering and any bonuses, and we may present proof of your access and acceptance of these Terms to your financial institution.

10) TERMINATION & ACCESS RESTRICTIONS

We may, in our sole discretion and without notice, suspend or terminate your access to the Offering (including community spaces) for any violation of these Terms or for conduct we deem harmful. You may also terminate your use at any time; however, termination does not relieve you of payment obligations. We may block IP addresses to enforce restrictions.

11) DISCLAIMERS; NO WARRANTIES; LIMITATION OF LIABILITY

  • General Disclaimers. The Offering and related materials are provided “as is” and “as available.” We make reasonable efforts to present accurate, timely information, but we do not guarantee completeness, accuracy, or that access will be uninterrupted or error-free. Results vary by individual; testimonials and case studies are illustrative and not guarantees of outcomes or earnings.
  • No Warranties. To the fullest extent permitted by law, we disclaim all warranties—express or implied—including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Offering is free of viruses or harmful components.
  • Limitation of Liability. To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenues, data, goodwill; business interruptions; or technology failures, whether arising in contract, tort, negligence, strict liability, or otherwise. Your use is at your sole risk.

12) INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from (a) your use of or access to the Offering; (b) your breach of these Terms; (c) your violation of law or third-party rights; or (d) your content or conduct.

13) DISPUTE RESOLUTION; ARBITRATION; WAIVER OF CLASS ACTION

  • Good-Faith Resolution. Before filing a claim, the parties will attempt in good faith to resolve disputes through informal discussions or mediation.
  • Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Offering shall be resolved by binding arbitration to be conducted in San Diego County, California, USA, under the rules of a recognized arbitration provider. You agree to bear the costs of arbitration to the extent permitted by law.
  • Class Action Waiver. Disputes will be handled on an individual basis only; class, collective, or representative actions are waived.
  • Attorneys’ Fees. The prevailing party in any action permitted after arbitration may recover reasonable attorneys’ fees and costs to the extent allowed by law.

14) GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles. Subject to the arbitration requirement, any permitted court action shall be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to their personal jurisdiction.

15) PRIVACY POLICY & DISCLAIMER; INCORPORATION BY REFERENCE

Your use of the Offering is also governed by our Privacy Policy and Disclaimer, which are incorporated herein by reference. Please review them carefully.

16) MODIFICATIONS; AVAILABILITY; ORDER LIMITS

We may modify or discontinue any part of the Offering at any time without notice. We may refuse or cancel any order, limit quantities, or restrict purchases we suspect are for resale or otherwise violate these Terms.

17) SEVERABILITY; ENTIRE AGREEMENT; ASSIGNMENT

If any provision of these Terms is held invalid or unenforceable, the remainder remains in full force and effect. These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and us regarding the Offering and supersede all prior agreements or understandings. We may assign our rights and obligations; you may not assign these Terms without our prior written consent.

18) CONSENT & ACKNOWLEDGEMENT

By visiting, using, or purchasing from the Offering, you acknowledge that you have read, understand, and agree to be bound by these Terms, the Privacy Policy, and the Disclaimer, and that you will comply with all applicable laws and regulations.

19) CONTACT

Questions? Email us at info@bydiannegomez.com.

All rights reserved. © ByDianneGomez.