Terms & Conditions
Effective Date: [INSERT DATE]Last Updated: [INSERT DATE]
Welcome to andygalpin.com (the "Site"). These Terms and Conditions ("Terms") govern your use of the Site and any services offered through it, including The Catalyst newsletter. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
Please note that Section 14 contains a binding arbitration agreement and class action waiver that affects your legal rights.
1. Acceptance of Terms
By accessing or using the Site, subscribing to The Catalyst, or otherwise interacting with content provided through the Site, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and that you have read, understood, and agree to these Terms and our Privacy Policy.
2. Use of the Site
The Site and its content are provided for general informational, educational, and entertainment purposes. You may access and use the Site for personal, non-commercial use, subject to these Terms.
3. Health & Performance Disclaimer
Important: Not Medical Advice
Content on the Site and in The Catalyst — including articles, newsletters, videos, podcasts, and any other materials — is provided for informational and educational purposes only. It is not intended to be, and should not be interpreted as, medical advice, diagnosis, or treatment.
Always consult a qualified healthcare professional before starting any new exercise program, nutrition plan, supplement regimen, or making changes to your health routine. Never disregard professional medical advice or delay seeking it because of something you read or saw on the Site.
Individual results vary. Any references to research, performance outcomes, or training methodologies are general in nature and may not apply to your specific circumstances. You assume full responsibility for any actions you take based on information provided through the Site.
4. Intellectual Property
All content on the Site — including text, graphics, logos, images, audio, video, and the design and arrangement of the Site — is the property of Andy Galpin or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the Site without our prior written permission, except for personal, non-commercial use, or as otherwise permitted by law (such as fair use).
5. DMCA / Copyright Infringement
We respect the intellectual property rights of others and expect users of the Site to do the same. If you believe that content on the Site infringes your copyright, please send a written notice to our designated agent that includes:
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing, including its location on the Site (URL)
- Your name, address, telephone number, and email address
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner
- Your physical or electronic signature
DMCA Designated Agent:
[INSERT AGENT NAME]
[INSERT AGENT ADDRESS]
Email: [INSERT DMCA EMAIL]
We will respond to valid notices in accordance with the Digital Millennium Copyright Act. If content you posted was removed and you believe the removal was in error, you may submit a counter-notice containing the information required under the DMCA. Misrepresentations in either a notice or counter-notice may result in liability under 17 U.S.C. § 512(f).
6. The Catalyst Newsletter
By subscribing to The Catalyst, you provide affirmative consent to receive periodic emails containing newsletter content, updates, and occasional related communications. You may unsubscribe at any time using the one-click unsubscribe link in any email. Subscribing is voluntary, and you may opt out without affecting your ability to access the Site.
Each newsletter email will include the sender's valid physical postal address and a clear unsubscribe mechanism, in accordance with applicable law (including the CAN-SPAM Act). Newsletter content is provided subject to the same disclaimers, intellectual property rules, and limitations described in these Terms.
7. User Conduct
When using the Site, you agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms
- Attempt to gain unauthorized access to any part of the Site, its servers, or related systems
- Interfere with or disrupt the operation of the Site
- Use automated means (bots, scrapers, etc.) to access or collect content without permission
- Impersonate another person or misrepresent your affiliation with any person or entity
- Transmit viruses, malware, or any other harmful code
8. Third-Party Links & Content
The Site may contain links to third-party websites, products, or services. These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, policies, or practices of any third-party site or service. Accessing third-party content is at your own risk.
9. Accessibility
We are committed to making the Site accessible to users of all abilities, including those with disabilities. We strive to follow the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA where reasonably feasible. If you encounter accessibility barriers, have difficulty using any part of the Site, or need information in an alternative format, please contact us at [INSERT EMAIL] and we will work to address your concerns.
10. Disclaimer of Warranties
The Site and all content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and uninterrupted access.
We do not warrant that the Site will be error-free, secure, or free of viruses or other harmful components.
11. Limitation of Liability
To the fullest extent permitted by law, Andy Galpin and any affiliated parties, contributors, or service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including damages for loss of profits, data, use, goodwill, or other intangible losses — arising out of or related to your use of, or inability to use, the Site or any content, even if advised of the possibility of such damages.
In no event will our total liability for any claim arising out of or relating to these Terms or your use of the Site exceed one hundred U.S. dollars ($100.00) or the amount you paid us in the preceding twelve months, whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for gross negligence, willful misconduct, or fraud.
12. Indemnification
You agree to indemnify, defend, and hold harmless Andy Galpin and any affiliated parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
13. Termination
We reserve the right to suspend or terminate your access to the Site or any services at any time, without notice, for any reason — including violation of these Terms. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, arbitration, and governing law) will continue to apply.
14. Arbitration & Class Action Waiver
To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site will be resolved by binding individual arbitration, except as set forth below. Arbitration will be administered by [INSERT - e.g., JAMS or the American Arbitration Association] in accordance with its then-current rules. The arbitration will take place in [INSERT COUNTY, STATE], unless you and we agree otherwise, and the arbitrator's decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver
You and Andy Galpin agree that any dispute will be resolved on an individual basis only. You waive any right to participate in a class action, class arbitration, consolidated action, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Exceptions
Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in court for matters relating to intellectual property infringement, unauthorized access, or misuse of the Site.
30-Day Right to Opt Out
You may opt out of this arbitration agreement by sending written notice of your decision to [INSERT EMAIL] within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out. Opting out will not affect any other provision of these Terms.
15. Modifications to Terms
We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you should stop using the Site.
16. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of [INSERT STATE], without regard to its conflict of laws principles. Subject to the arbitration provisions in Section 14, any dispute not subject to arbitration will be resolved exclusively in the state or federal courts located in [INSERT COUNTY, STATE], and you consent to the personal jurisdiction of those courts.
17. General Provisions
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.
Force Majeure
We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, pandemics, government action, labor disputes, or internet or infrastructure failures.
Entire Agreement
These Terms, together with the Privacy Policy and any other policies referenced on the Site, constitute the entire agreement between you and us regarding your use of the Site and supersede any prior agreements or understandings on the subject.
No Waiver
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that or any other provision in the future.
Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms or our rights under them without restriction.
Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
18. Contact Us
If you have questions about these Terms, please contact:
Andy Galpin
Email: [INSERT EMAIL]
[INSERT MAILING ADDRESS, IF APPLICABLE]