DRAFT ONLY — NOT LEGAL ADVICE
This document is a preliminary draft template written against U.S. federal and state law. It must be reviewed, edited and adapted to this specific business by a licensed U.S. attorney before being published or relied upon.
Terms of Use & Purchase Terms
Last updated: July 30, 2026
These Terms govern your access to and use of the website, member area, digital content, programs and products of Alon Roth — The Spirit of Sales (“we”, “us”, “our”). By using the site or making a purchase, you agree to these Terms. If you do not agree, do not use the site. These Terms contain a binding arbitration provision and a class action waiver in Section 17 that affect your legal rights. Please read them carefully.
1. Definitions
- Site — this website and all its pages, including the authenticated member area.
- Products — the printed and digital book, courses, coaching programs, certification tracks, events and tours offered through the Site.
- User — any visitor, registered member or customer.
2. Eligibility and accounts
The Site is intended for users located in the United States. You must be at least 18 years old and able to form a binding contract to purchase. You are responsible for the accuracy of the details you provide, for keeping your login credentials confidential, and for all activity under your account. We may suspend or terminate accounts that breach these Terms.
3. Acceptable use
- Do not copy, distribute, resell, publicly display or create derivative works from our content without written permission.
- Do not share your member access with others or bypass any technical protection measure (which may violate the Digital Millennium Copyright Act).
- Do not upload unlawful, harassing, defamatory, infringing or deceptive content to community areas.
- Do not attempt to disrupt, scrape or gain unauthorized access to the Site or its systems (which may violate the Computer Fraud and Abuse Act).
4. Intellectual property
All content on the Site — including the book text, audio narration, videos, images, course materials, trademarks and the design of the Site — is owned by us or our licensors and is protected by U.S. copyright and trademark law. Purchase grants you a personal, non-transferable, non-exclusive, revocable license to use the Product for your own non-commercial use only.
5. User-generated content and DMCA
You retain ownership of content you post in the community areas, and grant us a worldwide, royalty-free, sublicensable license to host, display and use it for operating and promoting the Services. We may remove content that violates these Terms.
If you believe content on the Site infringes your copyright, send a notice under 17 U.S.C. § 512(c) to our designated DMCA agent including: your signature, identification of the work, the location of the material, your contact information, a good-faith belief statement, and a statement under penalty of perjury that the notice is accurate. DMCA Agent: [insert agent name, address and email — register the agent with the U.S. Copyright Office to preserve safe harbor]. We terminate repeat infringers in appropriate circumstances.
6. Purchasing the book and other products
- Prices are shown in U.S. dollars and exclude applicable state and local sales tax, which is calculated at checkout where we have a tax collection obligation. [Confirm economic-nexus sales tax registration states.]
- Your order is an offer; a contract is formed only when payment is authorized and we send an order confirmation email.
- Payments are processed by a third-party PCI-DSS compliant payment provider; we do not store full card numbers.
- We may cancel an order due to pricing errors, stock issues or suspected fraud, and will refund any amount already charged.
- Before you are charged for a recurring or subscription Product, we will clearly disclose the terms, obtain your express informed consent, and provide a simple cancellation mechanism, consistent with ROSCA and applicable state automatic-renewal laws (including California’s ARL). [Delete if no recurring billing is offered.]
7. Shipping and delivery (FTC Mail Order Rule)
Digital products are made available immediately or shortly after payment confirmation, through your member area or by email. Physical copies of the book are shipped within [insert number] business days. Consistent with the FTC Mail, Internet, or Telephone Order Merchandise Rule (16 C.F.R. Part 435), if we cannot ship within the time stated (or within 30 days if no time is stated), we will notify you, offer a revised shipping date, and give you the option to consent to the delay or cancel for a prompt full refund. Risk of loss passes on delivery to the carrier. [Insert shipping fees, carriers and territories; state whether we ship outside the U.S.]
8. Cancellation, returns and refunds
- Physical book: you may return a purchase within [insert number] days of delivery, provided the item is unused and in original condition. Return shipping is [insert who pays]. Refund issued after inspection.
- Digital content and audio: because access is granted immediately, all sales are final once the content has been accessed, streamed or downloaded, unless the content is defective. This limitation is disclosed to you before purchase and you consent to immediate access.
- Courses, coaching and certification: you may cancel up to [insert number] days before the start date for a full refund; afterwards, [insert partial refund / credit policy].
- Events and tours: deposits are [refundable / non-refundable] and cancellation terms depend on the timing of the cancellation. [Insert tiered schedule and note any state seller-of-travel registration requirements, e.g. California, Florida, Washington, Hawaii, Iowa.]
- Defective or incorrect items: contact us and we will replace the item or refund it in full.
- Refunds are issued to the original payment method within [insert number] business days of approval.
To cancel or request a refund, email Alonroth11@gmail.com with your order details. Some states (including California, New York and Florida) require sellers to conspicuously post their refund policy; this section serves that purpose. Nothing here limits rights you may have under applicable state consumer protection statutes, which prevail where they grant you greater rights.
9. Referral, affiliate and testimonial disclosures
Where the Site offers referral links, affiliate codes or certification milestones, participation is subject to any additional program rules we publish. We may modify, suspend or discontinue such programs, and may withhold rewards obtained through misrepresentation or abuse. If you promote our Products through an affiliate link, you must clearly and conspicuously disclose your material connection to us in accordance with the FTC Endorsement Guides (16 C.F.R. Part 255), and you may not make earnings or results claims we have not approved in writing.
10. No guarantee of results; earnings disclaimer
Our content is educational in nature. Any examples of sales results, income or performance — including testimonials — are illustrative only, reflect the experience of specific individuals, are not typical, and are not a promise or guarantee of outcomes. Your results depend on your own effort, skill, market conditions and other factors. Nothing on the Site constitutes financial, investment, legal, medical, tax or other professional advice, or an offer of a business opportunity or franchise.
11. Third-party services, links and AI features
The Site relies on third-party services (hosting, authentication, payment, email, analytics, AI features) and may link to third-party websites. We are not responsible for the content, availability or practices of third parties. AI-generated responses may be inaccurate or incomplete and should not be relied on as professional advice.
12. Availability and changes
We aim to keep the Site available but do not guarantee uninterrupted service. We may modify, suspend or discontinue any feature or Product, and may update these Terms; we will post the revised “last updated” date and, for material changes, provide reasonable notice. Continued use after an update constitutes acceptance.
13. Disclaimer of warranties
EXCEPT AS EXPRESSLY STATED, THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states do not allow the exclusion of implied warranties, so this exclusion may not apply to you. Any written warranty we provide on consumer goods is governed by the Magnuson-Moss Warranty Act.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR A PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE RELEVANT PRODUCT IN THE 12 MONTHS PRECEDING THE CLAIM, AND WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE. Some states do not allow certain limitations, so parts of this section may not apply to you. Nothing limits liability for fraud, gross negligence, personal injury or death, or any liability that cannot be limited by law.
15. Indemnity
You agree to indemnify, defend and hold us harmless from claims, damages and reasonable attorneys’ fees arising from your breach of these Terms, your content, or your unlawful use of the Site.
16. Governing law
These Terms are governed by the laws of the State of [insert state], without regard to its conflict-of-law rules, and by applicable U.S. federal law. Subject to Section 17, the state and federal courts located in [insert county and state] have exclusive jurisdiction.
17. Dispute resolution, arbitration and class action waiver
Informal resolution first. Before filing a claim, you agree to email Alonroth11@gmail.com describing the dispute and to attempt to resolve it informally for 30 days.
Binding arbitration. Except for small-claims court actions and claims for injunctive relief regarding intellectual property, any dispute arising out of or relating to these Terms or the Products will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. Arbitration will take place in [insert county and state] or, at your election, by telephone, video or on documents only.
Class action waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, AND WAIVE THE RIGHT TO A JURY TRIAL. If the class action waiver is held unenforceable as to a claim, that claim proceeds in court.
30-day opt-out. You may opt out of this arbitration agreement by emailing Alonroth11@gmail.com with your name and “Arbitration Opt-Out” within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
[Have U.S. counsel confirm arbitration provider, fee allocation, mass arbitration protocol and enforceability in the chosen state.]
18. Electronic communications and E-SIGN consent
By using the Site you consent to receive communications from us electronically, and you agree that electronic agreements, notices, disclosures and records satisfy any legal requirement that they be in writing under the federal E-SIGN Act and applicable state UETA.
19. Miscellaneous
If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a business transfer. These Terms, together with the Privacy Policy, are the entire agreement between you and us.
20. Contact
Alon Roth — The Spirit of Sales. Email: Alonroth11@gmail.com. WhatsApp: +972 52-896-6515. [Insert U.S. legal entity name and mailing address.]