Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” “your”) and Sylvan Barzey, doing business as Captivation Suite (“Company,” “we,” “us,” “our”), operating the Freedom After 40 brand.

By accessing or using our websites, including sylvanbarzey.com, learn.sylvanbarzey.com, and any related subdomains (collectively, the “Site”), or purchasing our digital products, online courses, coaching services, or other offerings (collectively, “Services”), you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must not access or use our Services.

2. Eligibility and Account Registration

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete information when creating an account
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

3. Services Overview

Freedom After 40 provides digital education and resources, including:

• Digital Products: eBooks, templates, guides, and resources
• Online Courses: Educational programs delivered through our learning platform
• Coaching Services: One-on-one and group coaching sessions
• Membership Content: Exclusive content for members
• Consulting Services: Business and marketing consulting

All Services are for your personal or business use. Descriptions, pricing, and availability are subject to change without notice.

4. Intellectual Property Rights

All content on the Site and within our Services, including but not limited to:

• Text, graphics, logos, images, and audio clips
• Digital downloads, software, and data compilations
• Course materials, videos, presentations, and worksheets
• Trademarks, service marks, and brand elements

…is the property of Captivation Suite, Sylvan Barzey, or our content suppliers and is protected by United States and international copyright and intellectual property laws.

4.1 License Grant

Upon valid purchase, you are granted a limited, non-exclusive, non-transferable, revocable license to:

• Access and use purchased Services for personal or internal business purposes
• Download digital products to your personal devices
• Complete courses and use materials as intended

You may not:

• Copy, modify, distribute, sell, or lease any part of our content
• Reverse engineer or attempt to extract source code
• Share account access or course materials with unauthorized users
• Use our content to create competing products or services
• Remove any copyright or proprietary notices

5. Payment Terms

5.1 Payment Processing

All payments are securely processed by third-party payment processors:

• Stripe: For credit/debit card payments
• PayPal: For PayPal account payments

By making a purchase, you authorize us to charge your selected payment method for the total amount due, including applicable taxes and fees.

5.2 Pricing and Taxes

All prices are in US Dollars unless otherwise specified. You are responsible for any applicable sales, use, value-added, or other taxes.

6. User Responsibilities and Acceptable Use

You agree to use our Services lawfully and not to:

• Violate any applicable local, state, national, or international laws
• Infringe upon our or any third party’s intellectual property rights
• Harass, abuse, threaten, or harm other users or our team
• Use the Services to distribute spam, malware, or malicious code
• Attempt to gain unauthorized access to systems, accounts, or data
• Interfere with or disrupt the security or performance of the Services
• Use automated systems (bots, scrapers) to access the Services
• Misrepresent your identity or affiliations

7. Data Privacy and Collection

Your privacy is important to us. Our data practices are governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Your Privacy Rights

Depending on your location, you may have rights to access, correct, delete, or restrict processing of your personal data. To exercise these rights, email [email protected] with “Privacy Request.”

8. Third-Party Services and Links

Our Services may integrate with or link to third-party services, including:

• Payment processors (Stripe, PayPal)
• CRM and funnel platforms (Systeme.io, GoHighLevel)
• Email marketing services
• Analytics and advertising platforms
• Social media networks

These third parties have their own terms and privacy policies. We are not responsible for their practices, content, or services.

9. Disclaimers and Warranties

9.1 Service “As Is”

Our Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of content

10. Limitation of Liability

To the fullest extent permitted by applicable law, Sylvan Barzey, doing business as Captivation Suite, its affiliates, and suppliers shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from:
  • Your access to or use of (or inability to access or use) the Services
  • Any conduct or content of any third party on the Services
  • Unauthorized access, use, or alteration of your transmissions or content
  • Statements or conduct of any third party on the Services

10.1 Maximum Liability

Our total cumulative liability to you for any claim arising from these Terms or the Services shall not exceed the greater of:

• The amount you paid to us in the six (6) months preceding the event giving rise to the liability, or
• One Hundred US Dollars ($100)

11. Indemnification

You agree to defend, indemnify, and hold harmless Sylvan Barzey, doing business as Captivation Suite, its affiliates, officers, agents, and employees from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property or privacy rights
• Any claim that your content caused damage to a third party

12. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

13.2 Jurisdiction

Any legal dispute arising from these Terms or your use of the Services shall be resolved exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of such courts.

13.3 Informal Resolution First

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within 60 days.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and us regarding the Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the “Effective Date” at the top of this page
• Post a notice on our website for significant changes
• Notify registered users by email when appropriate

Your continued use of our Services after changes constitutes acceptance of the updated Terms.