Terms of Use

Effective Date: April 17, 2025

  1. Introduction
  2. Acceptance of Terms
  3. Legal Information Disclaimer
  4. No Attorney-Client Relationship
  5. Modifications to These Terms
  6. Permitted Use of the Website
  7. Intellectual Property Rights
  8. Third-Party Links
  9. User Comments and Submissions
  10. Disclaimer of Warranties
  11. Limitation of Liability
  12. Indemnification
  13. Termination
  14. Governing Law and Jurisdiction
  15. Privacy Policy Reference
  16. Electronic Communications
  17. Severability
  18. No Waiver
  19. Entire Agreement
  20. DMCA and Copyright Takedown
  21. Legal Notice Procedures
  22. Contact Information
  23. Affiliate Disclosure
  24. Use of Cookies and Tracking Technologies
  25. Newsletter and Email Communication Terms
  26. Testimonials and Results Disclosure
  27. Age Restrictions and Intended Audience
  28. Accessibility Statement
  29. Right to Modify or Discontinue Website Content
  30. Version Control and Updates
  31. Terms of Sale and E-Commerce Policy
  32. Right of Withdrawal and International Consumer Rights
  33. Consumer Protection and Warranty Terms
  34. Acceptable Use Policy
  35. Access to External Resources
  36. Service Reselling Prohibition
  37. Assignment of Agreement
  38. International Dispute Resolution
  39. Refund Policy
  40. Consent to Marketing Communications
  41. User Account Policy
  42. Final Provisions

1. Introduction

Welcome to JosephRayPowers.com (the “Website”), an educational and informational resource operated by Joseph Ray Powers (“we,” “us,” or “our”). The Website features blog content, legal commentary, and educational materials intended to inform the public about legal topics. By accessing or using this Website, you agree to be bound by the following Terms and Conditions (“Terms”), which govern your access and use of the Website, including any content, functionality, and services offered herein.

These Terms apply to all users of the Website, including without limitation users who are browsers, readers, subscribers, contributors, or commentators.

If you do not agree to these Terms, you must not access or use the Website.

2. Acceptance of Terms

By using this Website, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and our Privacy Policy. If you are accessing the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Your continued use of the Website following the posting of any revised Terms constitutes your acceptance of and agreement to the changes.

3. Legal Information Disclaimer

The content provided on JosephRayPowers.com is for general informational and educational purposes only. Nothing on this Website constitutes legal advice, nor should it be interpreted as such. Although care is taken to ensure the accuracy of the information, legal outcomes vary based on specific circumstances and jurisdictions. You should not act or refrain from acting based on any content from this Website without first seeking professional legal counsel.

No information on this Website should be interpreted as a substitute for consultation with a licensed attorney.

4. No Attorney-Client Relationship

Accessing or reading content on this Website, submitting a comment, contacting us through a contact form or email, or otherwise interacting with the Website does not create an attorney-client relationship between you and Joseph Ray Powers or any affiliated party.

An attorney-client relationship is only established through a written, signed agreement after a formal consultation and mutual acceptance of representation. Unless and until such a relationship is established, no communications with Joseph Ray Powers or via this Website will be treated as privileged or confidential.

5. Modifications to These Terms

We reserve the right to modify, update, or replace these Terms at any time in our sole discretion. Changes will be effective immediately upon posting to this page, unless otherwise stated.

It is your responsibility to check this page periodically for updates. Your continued use of the Website after any modifications to the Terms constitutes your acceptance of those changes.

6. Permitted Use of the Website

You agree to use this Website solely for lawful purposes and in accordance with these Terms. You are prohibited from using the Website:

  • In any way that violates applicable local, state, national, or international law or regulation;

  • To impersonate or attempt to impersonate Joseph Ray Powers, our staff, or any other person or entity;

  • To transmit, or procure the sending of, any advertising or promotional material without prior written consent;

  • To attempt to gain unauthorized access to any portion of the Website or its systems;

  • To introduce any viruses, malware, or harmful code that may damage or interfere with the Website’s functionality.

We reserve the right to suspend or terminate your access to the Website at any time and without notice if we believe you are in violation of these Terms or applicable law.

7. Intellectual Property Rights

All content on JosephRayPowers.com, including but not limited to text, articles, blog posts, graphics, logos, design elements, and other materials (collectively, the “Content”), is the intellectual property of Joseph Ray Powers or its content creators and is protected under U.S. and international copyright, trademark, and other intellectual property laws.

a. Limited License

You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes only. This license does not permit you to:

  • Reproduce, republish, copy, download, upload, post, transmit, display, or distribute any Content without prior written permission;

  • Modify, create derivative works from, or commercially exploit any Content;

  • Use any Content for resale or to compete with this Website.

Any unauthorized use of the Content or Website may result in legal action, including claims for damages, injunctions, and enforcement of intellectual property rights.

b. Attribution and Linking

You may link to publicly accessible pages of this Website or quote short excerpts for educational or journalistic purposes, provided that proper attribution is given to JosephRayPowers.com and the content is not presented in a misleading or derogatory manner.

8. Third-Party Links

JosephRayPowers.com may contain links to third-party websites or resources that are not owned or controlled by us. These links are provided for your convenience and informational purposes only.

We are not responsible for the content, policies, or practices of any third-party websites and do not endorse or make any representations about them. Accessing third-party websites is done at your own risk, and you should review their terms and privacy policies before using them.

9. User Comments and Submissions

We may provide areas on the Website for users to post comments, feedback, or other content (“User Submissions”). By submitting any content:

  • You grant JosephRayPowers.com a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, display, reproduce, and distribute your submission in connection with the Website and its promotion.

  • You represent that your submission is your original work or that you have the necessary rights to share it.

  • You agree not to submit content that is unlawful, defamatory, harassing, abusive, obscene, fraudulent, or otherwise objectionable.

We reserve the right, but not the obligation, to monitor, edit, or remove any User Submissions at our sole discretion and without notice.

10. Disclaimer of Warranties

JosephRayPowers.com is provided on an “as is” and “as available” basis without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

  • The accuracy, completeness, or reliability of any information published on the Website;

  • The uninterrupted or error-free operation of the Website;

  • The correction of defects or that the Website will be free from viruses or harmful components.

Use of this Website is at your own risk. You assume full responsibility for any actions taken based on the information presented herein.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Joseph Ray Powers and his affiliates, partners, or agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to:

  • Your access to or use of (or inability to use) the Website;

  • Any errors, omissions, or inaccuracies in the content;

  • Any loss or damage caused by viruses or similar threats transmitted through the Website or third-party links.

If, notwithstanding these limitations, liability is found, it shall be limited to the amount paid by you, if any, for accessing this Website.

12. Indemnification

You agree to indemnify, defend, and hold harmless Joseph Ray Powers, his affiliates, agents, and representatives from and against any and all claims, demands, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with:

  • Your use or misuse of the Website;

  • Your violation of these Terms;

  • Your violation of any third-party rights, including intellectual property or privacy rights;

  • Any content you submit to the Website.

13. Termination

We reserve the right to suspend or terminate your access to the Website, in whole or in part, at any time and without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

You may terminate your use of the Website at any time by ceasing all use and access. Termination of access does not affect any provisions of these Terms which by their nature should survive, including but not limited to ownership, disclaimers, limitations of liability, and indemnity.

14. Governing Law and Jurisdiction

These Terms and your use of JosephRayPowers.com shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to conflict of law principles.

Any dispute arising out of or related to these Terms or the Website shall be submitted to the exclusive jurisdiction of the state or federal courts located in Twin Falls County, Idaho, and you hereby irrevocably consent to the personal jurisdiction of such courts.

15. Privacy Policy

Your use of the Website is also subject to our Privacy Policy, which outlines how we collect, use, store, and protect your personal information. By using the Website, you consent to the practices described in the Privacy Policy.

If you do not agree with the Privacy Policy, you should not access or use the Website.

16. Electronic Communications

By visiting the Website or sending us emails or messages through the contact form, you are communicating with us electronically. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (via email or through the Website) satisfy any legal requirement that such communications be in writing.

17. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

18. No Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision. Any waiver must be in writing and signed by us to be legally binding.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices posted on the Website, constitute the entire agreement between you and JosephRayPowers.com regarding the use of the Website and supersede any prior or contemporaneous agreements, communications, and proposals.

20. Notice and Takedown Procedures (DMCA)

If you believe that content on this Website infringes upon your copyright, you may submit a proper notice in accordance with the Digital Millennium Copyright Act (DMCA). Your notice must include:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification of the allegedly infringing material and its location on the Website;

  • Your contact information, including name, address, telephone number, and email address;

  • A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;

  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

DMCA notices may be sent to:
Email: info@JosephRayPowers.com

21. Notice for Legal or Administrative Purposes

Any legal notice or demand regarding these Terms must be sent in writing to:

Joseph Ray Powers
Email: info@JosephRayPowers.com

22. Contact Us

If you have any questions about these Terms and Conditions or your use of the Website, please contact us at:

Email: info@JosephRayPowers.com
Website: www.JosephRayPowers.com

23. Affiliate Disclosure

JosephRayPowers.com participates in affiliate marketing programs, which means we may earn a commission when you click on links to affiliate partners and make a purchase. These links are clearly identified within blog posts or pages, and the compensation received does not influence the integrity of the content, topics, or recommendations made on the Website.

We only promote products, courses, or services that we believe may be helpful, relevant, or of interest to our audience, particularly those related to legal education, professional development, or tools for personal and business success.

a. No Additional Cost to You

Purchases made through affiliate links do not cost you anything extra. In fact, in some cases, you may receive a discount or bonus for purchasing through our links.

b. Transparency and Integrity

We are committed to transparency and aim to maintain trust with our readers. Any content that includes affiliate links will contain a clear notice indicating the presence of affiliate relationships.

c. Third-Party Responsibility

We are not responsible for the content, services, pricing, or delivery provided by any third-party affiliates. Any issues or disputes should be directed to the affiliate provider from whom you purchased the product or service.

24. Use of Cookies and Tracking Technologies

JosephRayPowers.com uses cookies and similar tracking technologies to enhance your experience on the Website, analyze site traffic, and deliver relevant content. By continuing to use the Website, you consent to the use of cookies in accordance with this policy.

a. What Are Cookies?

Cookies are small data files stored on your device when you visit a website. They may be used to remember your preferences, facilitate navigation, and gather aggregate usage statistics.

b. Types of Cookies We Use

  • Essential Cookies: Required for basic functionality of the Website, such as secure login and load balancing.

  • Performance Cookies: Help us analyze how visitors use the Website (e.g., pages visited, traffic sources).

  • Functional Cookies: Remember your preferences and enhance usability (e.g., remembering form inputs).

  • Marketing Cookies: May be used by third-party services (such as affiliate networks or ad partners) to deliver relevant ads based on your browsing behavior.

c. Third-Party Tools

We may use tools such as Google Analytics, affiliate tracking pixels, or other analytics providers that also place cookies on your device. These providers may collect anonymized information such as your IP address, device type, browser, and page visit patterns. This data is used strictly to improve content and performance.

d. Managing Your Cookie Preferences

Most web browsers allow you to manage cookies through your settings. You may set your browser to refuse cookies or delete cookies after your visit. Note that disabling cookies may affect the functionality and experience of the Website.

e. Do Not Track Signals

Currently, the Website does not respond to Do Not Track (DNT) browser signals. We may update this section if future standards are adopted.

25. Email Subscriptions and Communication

By subscribing to the newsletter or submitting your email through any opt-in form on JosephRayPowers.com, you agree to receive periodic communications from us. These may include blog updates, educational content, legal commentary, affiliate recommendations, promotional announcements, or other related communications.

a. Consent to Receive Emails

By providing your email address, you consent to receive communications that may be promotional, educational, or informational in nature. These emails are sent with the intent to add value to your experience with the Website and may occasionally include offers related to affiliate products or sponsored content.

b. No Spam Policy

We do not sell, rent, or share your email address with unaffiliated third parties. We strive to comply with all applicable email marketing laws, including the CAN-SPAM Act.

c. Unsubscribing

You may unsubscribe at any time by clicking the “unsubscribe” link in the footer of any email you receive from us. Once unsubscribed, you will be removed from all non-essential communications within a reasonable timeframe, typically within 5–10 business days.

d. Email Data Management

Email addresses collected are securely stored using third-party platforms such as ConvertKit, Mailchimp, or similar email marketing providers. These platforms manage subscription preferences, delivery, and unsubscribe functionality in accordance with their own terms of service and privacy policies.

26. Testimonials, Case Studies, and Endorsements

JosephRayPowers.com may feature testimonials, endorsements, or success stories shared by readers, clients, or third parties. These are provided for illustrative and informational purposes only.

a. Individual Results Vary

Any testimonials or case studies published on the Website reflect the personal experiences and opinions of the individual providing them. These results are not guaranteed and may not reflect the experiences of every reader or customer. Outcomes will vary based on numerous factors, including personal effort, timing, experience level, and circumstances beyond our control.

b. Not Legal Advice

Any endorsement or feedback about legal topics or outcomes does not constitute legal advice and should not be relied upon as such. Visitors are encouraged to consult with a licensed attorney before making legal decisions or taking legal action.

c. Compensation Disclosure

Some individuals who provide testimonials may receive non-monetary benefits such as early access to resources, exclusive content, or complimentary products. However, all testimonials reflect honest opinions and experiences to the best of the contributor’s knowledge.

d. Editing and Formatting

Testimonials may be edited for clarity, grammar, or length but are not substantively modified in a way that would misrepresent the contributor’s opinion or outcome.

27. Age Restrictions

JosephRayPowers.com is intended for individuals who are 18 years of age or older. By using this Website, you represent and warrant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is greater.

This Website does not knowingly collect or solicit personal information from anyone under the age of 18. If we learn that we have collected information from a minor without verifiable parental consent, we will promptly delete such information.

a. Responsibility of Parents and Guardians

If you are a parent or guardian and believe that your child has provided personal information on this Website, please contact us immediately at info@josephraypowers.com so that we can take appropriate action.

b. Legal Content and Intended Audience

The Website contains legal information, educational content, and affiliate links that are best suited for adults, professionals, students of law, or individuals seeking legal-related insights. It is not intended to be used by children or individuals under the legal age in their jurisdiction.

28. Accessibility Commitment

JosephRayPowers.com is committed to making the Website accessible to all individuals, including those with disabilities. We believe in equal access to information and strive to ensure that our content, tools, and features are usable and navigable by everyone.

a. Design and Technology

We aim to follow best practices and recognized accessibility standards, including WCAG 2.1 guidelines where feasible. This includes:

  • Using clear, legible font sizes and color contrast;

  • Structuring content with proper headings and labels;

  • Including alt text on images for screen readers;

  • Avoiding reliance solely on color to convey meaning;

  • Ensuring navigability via keyboard and assistive technologies.

b. Ongoing Improvements

We understand that accessibility is an ongoing process. While we are continuously working to improve the accessibility of our Website, some older content or third-party tools may not yet fully conform to all accessibility standards. We appreciate your patience as we work to enhance your experience.

c. Reporting Accessibility Issues

If you experience any difficulty accessing content, have trouble navigating the Website, or identify any accessibility barriers, please contact us:

Email: info@josephraypowers.com
Subject Line: Accessibility Assistance
Description: Please provide a detailed description of the issue and the page where it occurred.

We are committed to resolving accessibility issues in a timely and respectful manner.

29. Changes to Website Content or Availability

JosephRayPowers.com reserves the right, at any time and without prior notice, to:

  • Modify, update, or remove any portion of the Website or its content;

  • Change the scope, availability, or features of the Website;

  • Suspend or discontinue the Website, temporarily or permanently.

We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.

a. No Guarantee of Availability

We do not guarantee that the Website, or any content on it, will always be available or uninterrupted. Access may be restricted periodically for maintenance, upgrades, or for reasons outside our control.

b. No Obligation to Update

While we strive to keep information current and accurate, we are under no obligation to update any content or indicate that information has changed unless required by law.

c. Content Reuse and Archiving

We reserve the right to archive or remove outdated blog posts, links, or pages without notice. Older posts may remain on the Website for educational reference and may not reflect the most recent legal developments.

30. Version Control and Updates

These Terms and Conditions may be updated from time to time to reflect changes in the Website’s operations, legal obligations, affiliate relationships, or user needs. All changes will be effective immediately upon posting to this page unless otherwise stated.

A “last updated” date will be clearly noted at the top of the Terms and Conditions page for reference.

a. Continuing Use = Acceptance

Your continued use of JosephRayPowers.com following the posting of revised Terms indicates your acceptance of those changes. If you do not agree with the updated Terms, your sole remedy is to discontinue use of the Website.

31. Terms of Sale and E-Commerce Policy

From time to time, JosephRayPowers.com (“we,” “our,” or “the Site”) may offer digital products, templates, eBooks, courses, downloads, or other paid content (“Products”) for sale directly through the Website or affiliated platforms. By purchasing any Product through this Site, you (“you,” “your,” or “the User”) agree to be bound by these Terms of Sale, which are supplemental to the general Terms and Conditions.

31.1 Product Information and Accuracy

We strive to describe our Products with accuracy and transparency. However, we do not warrant that descriptions, previews, or any related content on the Website is accurate, complete, current, or error-free. The images and mockups of Products are for illustrative purposes only and may not exactly reflect the final downloadable content.

We reserve the right to modify or discontinue any Product or offering at any time without notice.

31.2 Pricing and Taxes

Prices for all Products are listed in U.S. Dollars unless otherwise stated. We reserve the right to change prices at any time without prior notice. You are responsible for any taxes or duties that may apply to your purchase depending on your jurisdiction.

If a pricing error is discovered after your purchase, we reserve the right to cancel the transaction and issue a full refund.

31.3 Payment Terms

All payments must be made in full at the time of purchase using accepted payment methods (e.g., credit card, PayPal, Stripe). We do not store your credit card or payment information. All transactions are securely processed by trusted third-party providers.

You agree that by submitting your payment information, you authorize us to charge the full purchase amount, including applicable taxes or fees.

31.4 Delivery of Digital Products

All digital Products are delivered via email or accessible through a secure download link upon confirmation of payment. If you do not receive your Product within a reasonable timeframe (typically within 1 hour), please contact us at info@josephraypowers.com.

It is your responsibility to ensure that your email address and device settings can receive digital files.

31.5 Ownership and License

Upon full payment, you are granted a non-exclusive, non-transferable license to use the purchased Product for your personal, non-commercial use only, unless explicitly stated otherwise.

You may not:

  • Share, distribute, or resell the Product;

  • Modify or create derivative works for resale;

  • Claim ownership or authorship of the Product.

All content remains the intellectual property of Joseph Ray Powers or its respective licensors.

31.6 Refund Policy

All sales are final. Due to the nature of digital products and instant delivery, we do not offer refunds, returns, or exchanges once a purchase has been completed. Please review all product descriptions carefully before purchasing.

If you experience technical difficulties accessing or downloading a file, contact us for support. We will make reasonable efforts to ensure successful delivery.

32. Right of Withdrawal and International Consumer Rights

32.1 Applicability

This section applies only to users who qualify as “Consumers” under applicable international law, such as:

  • European Union (EU) residents

  • United Kingdom (UK) residents

  • Brazilian residents under the Consumer Protection Code

If you are located outside these jurisdictions, or if you are purchasing for business, institutional, or professional use, this section does not apply.

32.2 EU Right of Withdrawal (Digital Products)

In accordance with the EU Consumer Rights Directive, EU Consumers have the right to withdraw from a distance contract within 14 days of the purchase, unless the product is:

  • A digitally delivered product (e.g., downloadable eBook, template, or file), and

  • The consumer has explicitly consented to the immediate performance of the contract and acknowledged that they lose the right of withdrawal upon download access.

By purchasing digital content from JosephRayPowers.com, you acknowledge that your right to withdraw is waived once the download link is issued or the file is accessed.

32.3 UK Right to Cancel

UK Consumers have a similar right under the Consumer Contracts Regulations 2013, which also includes the same exception for digital products once the user gives consent to immediate access and forfeiture of the right to cancel.

If a physical product is ever sold, the cancellation period would apply for 14 days from delivery.

32.4 Brazil: Right of Regret

Under the Brazilian Consumer Protection Code, Brazilian Consumers may cancel a digital or physical purchase made online within 7 days of the date of receipt or contract execution.

To exercise this right, the Consumer must contact us at info@josephraypowers.com with an unequivocal notice of cancellation. If applicable, the Consumer must delete or discontinue use of the digital Product and agree not to share, reproduce, or retain copies.

Refunds (if granted) will be issued using the same method of payment within 14 days.

32.5 How to Exercise Your Rights (EU/UK/Brazil)

If you believe you are eligible to cancel or withdraw under this section:

  1. Contact us at info@josephraypowers.com

  2. Include:

    • Your full name

    • Date of purchase

    • Item purchased

    • Clear statement of your intention to cancel or withdraw

  3. Do not access or download the product (if applicable) to retain withdrawal rights.

Once we confirm your eligibility, we will proceed according to applicable law.

33. Consumer Protection and Warranty Terms

33.1 Overview

We are committed to complying with consumer protection laws applicable to users in various jurisdictions. This section outlines your rights, if any, to claim warranty protections based on your country of residence and the nature of the Products purchased.

These terms apply only to individual consumers and do not apply to businesses, agencies, or institutional buyers.

33.2 EU Legal Guarantee of Conformity

If you reside in a member country of the European Union, you are entitled to a two-year legal guarantee under EU law that any goods or digital products sold must:

  • Match the description provided

  • Be fit for the intended purpose

  • Have the quality and performance expected for such items

This guarantee begins from the date of delivery or digital access and cannot be waived. If a Product is found to be defective or non-conforming within that period, you may request:

  • A replacement or re-download

  • A remedy for the defect, or

  • A refund, if the issue cannot be resolved

To make a claim, contact us at info@josephraypowers.com with proof of purchase and a detailed description of the issue.

33.3 UK Consumer Rights

UK consumers enjoy similar protections under the Consumer Rights Act 2015, including the right to:

  • Receive goods or digital products of satisfactory quality

  • Receive products as described

  • Receive digital content that functions correctly

For digital content, you have the right to a refund or fix if the item is faulty. This applies for up to six years from the date of delivery but must be reported within a reasonable time of discovering the defect.

33.4 Brazilian Warranty Terms

Consumers in Brazil are entitled to warranties under the Código de Defesa do Consumidor (Consumer Protection Code):

  • 30 days for non-durable digital content

  • 90 days for durable content (such as lifetime-access digital courses)

If a Product is defective or fails to perform as promised, you may request a fix, replacement, or refund during this period.

Warranty claims can be submitted via info@josephraypowers.com with details of the issue and purchase receipt. The Owner will bear costs related to review and technical assessment if needed.

33.5 Disclaimer for U.S. and Other Jurisdictions

Users outside of the EU, UK, or Brazil, including the United States, acknowledge that no statutory warranty or legal guarantee of conformity applies to digital purchases made from this Website unless required by state law.

However, we stand by our content quality and encourage you to reach out if you experience any technical difficulties or delivery problems.

34. Acceptable Use Policy

34.1 Purpose of this Policy

This Acceptable Use Policy outlines the standards and restrictions governing your use of JosephRayPowers.com (the “Website”) and any digital Products, downloads, forms, or services offered. By accessing the Website, you agree not to misuse the content, features, or technical infrastructure in any way that violates law, harms others, or undermines the integrity of the platform.

34.2 Prohibited Conduct

You agree not to use this Website or any part of its content or services:

  • For unlawful, harmful, or abusive purposes, including harassment, defamation, stalking, or promoting violence;

  • To upload, share, or transmit any viruses, malware, or malicious code;

  • To attempt unauthorized access to any server, system, data, or account related to the Website or its users;

  • To harvest or collect personal information of other users or site visitors;

  • To impersonate any person or entity, including Joseph Ray Powers or any representative of the Website;

  • To reverse engineer, decompile, or attempt to extract source code from the Website or any part of its systems;

  • To circumvent, disable, or otherwise interfere with security features or functions that restrict access or protect intellectual property;

  • To resell, reproduce, or distribute our content or Products without explicit written permission;

  • To publish, transmit, or link to harmful or offensive content, including hate speech, adult content, or illegal materials.

34.3 Enforcement and Consequences

We reserve the right to take any and all actions necessary to protect the integrity of our Website and community. This may include:

  • Suspending or terminating your access without notice;

  • Blocking IP addresses or users found in violation of this policy;

  • Reporting unlawful activity to law enforcement or regulators;

  • Pursuing legal remedies for damages or injunctive relief.

34.4 Reporting Abuse

If you observe any violation of this policy or encounter abusive content or technical misuse, please notify us at info@josephraypowers.com with a detailed description of the issue.

35. Access to External Resources

35.1 Third-Party Websites and Services

The Website may contain links to third-party websites, platforms, tools, or resources (“Third-Party Resources”) that are provided solely for your convenience, reference, or as part of affiliate disclosures. These may include links to legal tools, educational platforms, software providers, or affiliate product pages.

You acknowledge and agree that JosephRayPowers.com:

  • Does not control or operate any Third-Party Resources;

  • Is not responsible or liable for the content, accuracy, availability, or performance of any third-party website or service;

  • Does not imply endorsement of any linked resource unless explicitly stated.

35.2 User Responsibility

When you follow a link to a Third-Party Resource:

  • You do so at your own risk;

  • You are subject to that third party’s own terms of service and privacy policies;

  • We encourage you to review those policies before engaging in any transaction, providing personal information, or relying on their content.

35.3 Affiliate Links and Sponsored Content

Some of the third-party links on JosephRayPowers.com may be affiliate links, meaning we may earn a commission if you purchase a product or service after clicking the link. This does not influence our content or objectivity. See Section 23 (Affiliate Disclosure) for more.

36. Service Reselling Prohibition

36.1 No Unauthorized Use or Resale

All content, services, digital products, and features made available through JosephRayPowers.com are intended solely for personal, non-commercial use by the individual purchaser or viewer, unless expressly stated otherwise in writing.

You may not:

  • Reproduce, duplicate, copy, sell, trade, resell, sublicense, or otherwise exploit any portion of the Website, its content, or any Product sold or distributed through it for commercial gain or redistribution;

  • Use any content, structure, or downloadable material as part of a commercial service or consulting engagement unless you have received explicit written permission from Joseph Ray Powers;

  • Represent any content, commentary, or downloadable material from this Website as your own intellectual property, teaching material, or client deliverable.

36.2 Unauthorized Use

Any unauthorized commercial use, redistribution, or modification of content may result in:

  • Immediate termination of your access;

  • Legal action for breach of intellectual property rights;

  • A claim for injunctive relief, monetary damages, and/or attorney’s fees.

36.3 Permitted Exceptions

Exceptions may be made only with prior written approval, such as in the case of:

  • White-labeled or bulk-licensed content;

  • Official brand or publishing partnerships;

  • Contributor arrangements or guest teaching collaborations.

For such permissions or licensing requests, contact info@josephraypowers.com.

37. Assignment of Agreement

37.1 Right to Transfer or Assign

JosephRayPowers.com reserves the right to assign, delegate, subcontract, or otherwise transfer any or all of its rights and obligations under these Terms and Conditions without prior notice or the need for additional consent from the User, provided such assignment does not materially impact your rights under this agreement.

This may include, but is not limited to:

  • A sale, merger, or restructuring of the business;

  • The outsourcing of administrative or support functions;

  • Assigning obligations to contractors, vendors, or successors.

37.2 Restrictions on User Assignment

You may not assign, transfer, sublicense, or delegate any of your rights or obligations under these Terms without prior written consent from JosephRayPowers.com. Any attempted assignment in violation of this clause is null and void.

37.3 Binding Effect

These Terms will be binding upon and will inure to the benefit of:

  • The parties to the agreement;

  • Their respective permitted successors, assigns, heirs, and legal representatives.

38. International Dispute Resolution

38.1 Governing Law

These Terms and any dispute arising from your use of JosephRayPowers.com shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law principles.

However, if you are a Consumer residing in a jurisdiction with higher mandatory consumer protection standards (e.g., the EU, UK, Brazil), those rights shall not be overridden.

38.2 Jurisdiction and Venue

Any legal action or proceeding relating to your use of the Website shall be brought exclusively in the state or federal courts located in Twin Falls County, Idaho, unless otherwise required by applicable consumer protection law. You consent to the personal jurisdiction and venue of such courts.

38.3 Exceptions for International Users

  • EU Residents: You may bring a claim in your country of residence under applicable consumer protection laws.

  • UK, Norway, Iceland, and Switzerland: You may also have the right to file claims locally, subject to your jurisdiction’s consumer laws.

  • Brazilian Consumers: Disputes will be governed by Brazilian law and resolved in accordance with the Código de Defesa do Consumidor if the product or service is offered in Brazil.

38.4 Online Dispute Resolution (EU)

Pursuant to Article 14 of Regulation (EU) No 524/2013, EU Consumers may submit complaints via the European Commission’s Online Dispute Resolution (ODR) platform, available at:
https://ec.europa.eu/consumers/odr

Use of the ODR platform is optional and does not affect your right to pursue legal action through local courts.

38.5 Internal Dispute Resolution

Before initiating formal dispute proceedings, you agree to attempt in good faith to resolve any dispute informally by contacting us at info@josephraypowers.com. We will attempt to resolve the issue within 5 business days. If a resolution cannot be reached, either party may escalate the matter as described above.

39. Refund Policy

39.1 General Policy

Due to the digital and informational nature of the Products offered on JosephRayPowers.com—including but not limited to eBooks, templates, downloads, legal guides, and educational materials—all sales are final. We do not offer refunds, returns, or exchanges once a Product has been purchased and delivered.

By completing a purchase, you acknowledge and agree to this no-refund policy.

39.2 Digital Products

You understand that:

  • Digital downloads are deemed “used” once accessed or delivered via email or download link.

  • Upon delivery or download access, you forfeit any right to withdraw or cancel under applicable consumer protection laws, unless otherwise specified by jurisdiction (see Section 32: Right of Withdrawal).

  • You are responsible for ensuring your email and browser settings allow for proper receipt and download of the files.

39.3 Duplicate Purchases

In the event of a duplicate transaction (i.e., you accidentally purchase the same Product more than once), we may issue a refund for the redundant charge upon request, provided:

  • You notify us within 7 calendar days of the duplicate transaction.

  • The Product has not been transferred, shared, or altered.

Contact info@josephraypowers.com to submit a duplicate purchase refund request.

39.4 Technical Issues

If you encounter a technical problem that prevents you from downloading or accessing your Product, please contact us immediately. We will:

  • Attempt to resolve the issue;

  • Re-send the Product or grant renewed access where appropriate;

  • Offer a courtesy refund only if we are unable to fulfill delivery due to a verifiable system error.

39.5 Disputed Payments

If you file a chargeback with your bank or credit card provider after receiving and accessing a digital Product:

  • Your access to all future content may be permanently revoked;

  • Your right to support or communication may be suspended;

  • We reserve the right to contest the chargeback with documentation of download and delivery.

40. Consent to Marketing Communications

40.1 Consent to Be Contacted

By submitting your contact information through any form on JosephRayPowers.com—including but not limited to newsletter sign-ups, downloadable product forms, consultation requests, or affiliate interest forms—you expressly consent to receive communications from us, which may include:

  • Emails;

  • Text (SMS) messages;

  • Phone calls (including pre-recorded or autodialed messages);

  • Marketing and promotional materials;

  • Product updates, new releases, or affiliate recommendations.

You consent to being contacted at the phone number or email address you provide, even if your number is on a federal or state Do Not Call list, in accordance with applicable law.

40.2 Legal Basis and Compliance

This policy complies with:

  • The U.S. Telephone Consumer Protection Act (TCPA);

  • The CAN-SPAM Act;

  • The General Data Protection Regulation (GDPR), where applicable to EU users.

40.3 Opt-Out and Unsubscribe

You may withdraw your consent or opt out of future communications at any time by:

  • Clicking the “unsubscribe” link at the bottom of our emails;

  • Replying “STOP” to text messages;

  • Contacting us directly at info@josephraypowers.com.

We will honor all opt-out requests within a commercially reasonable time (usually within 5–10 business days), and you will not be charged for unsubscribing.

40.4 No Sale of Contact Information

Your contact details will never be sold, rented, or disclosed to third parties for unrelated marketing purposes. Any service partners we work with (e.g., email or SMS platforms) are contractually bound to respect your data privacy.

41. User Account Policy

41.1 Account Creation

In the event that JosephRayPowers.com offers account-based features (such as content libraries, private downloads, or course access), users may be required to create an account by providing a valid email address and selecting a secure password.

By creating an account, you agree to:

  • Provide accurate and current information;

  • Maintain the confidentiality of your login credentials;

  • Be solely responsible for all activity that occurs under your account.

41.2 Account Security

You are responsible for safeguarding your login credentials and for any actions taken using your account. We are not liable for any loss or damage resulting from your failure to maintain the security of your account.

If you suspect unauthorized access to your account, you must notify us immediately at info@josephraypowers.com.

41.3 Suspension or Termination

We reserve the right to suspend or terminate your account, with or without notice, if we determine that you have:

  • Violated any provision of these Terms;

  • Provided false or misleading information;

  • Engaged in unauthorized sharing or reproduction of content;

  • Acted in a manner that harms the Website or other users.

In the event of termination, you may lose access to your account and any content, materials, or saved information associated with it.

41.4 Account Deletion

You may request the deletion of your account at any time by emailing info@josephraypowers.com. Upon deletion:

  • Your personal data will be handled in accordance with our Privacy Policy;

  • Your access to digital content or restricted areas will be revoked;

  • Deletion does not entitle you to a refund for any previously purchased products.

42. Final Provisions

42.1 Interpretation

Headings and section titles in these Terms are for convenience only and shall not affect the interpretation of any provision. Any ambiguities shall not be construed against the drafting party.

If a provision in these Terms is found to be vague, it shall be interpreted in a manner consistent with the overall intent and purpose of the agreement as a whole.

42.2 Language

These Terms and Conditions are written in English. In the event of any translation, the English version shall prevail and govern the relationship between the parties. Any communications, claims, or requests related to these Terms must be submitted in English.

42.3 Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable under applicable law, that provision shall be deemed severed and the remaining provisions shall remain in full force and effect.

42.4 Entire Agreement

These Terms and Conditions, along with our Privacy Policy and any legal disclaimers or product-specific agreements posted on the Website, constitute the entire agreement between you and JosephRayPowers.com and supersede all prior understandings, representations, or agreements.

No waiver of any term or condition shall be deemed a continuing waiver unless expressly stated in writing.