Terms of service

ZipHealthy Wellness — Terms of Service

Effective Date: July 20, 2026 | Last Updated: July 20, 2026

Plain-English summary (not a contract term — the numbered sections below control): You're buying general wellness self-help products, not therapy. Digital products are licensed to you, not sold, and cannot be resold or redistributed. Refunds work differently for digital items, printed journals, gift cards, and corporate packages — see our Return & Refund Policy. Most disputes go to individual arbitration, you can opt out within 30 days at no cost, and clinical claims are never covered by this Terms of Service.

1. Acceptance; Formation at Checkout

These Terms of Service (the “Shop Terms”) are a binding agreement between you and ZipHealthy PLLC, an Arkansas professional limited liability company doing business as ZipHealthy Wellness (“ZipHealthy,” “we,” or “us”), governing your purchases on this store at shop.ziphealthy.com (the “Shop”). You accept these Shop Terms each time you place an order. By clicking the button that completes checkout (for example, “Pay now”), you confirm that you have had the opportunity to review these Shop Terms, our Return & Refund Policy, our Shipping Policy, and our Privacy Notice for the Shop — each linked at checkout — and that you agree to them. If you do not agree, please do not complete your purchase.

Browsing this Shop, apart from completing a purchase, is additionally governed by the ZipHealthy Terms of Use posted at www.ziphealthy.com/termsofuse.html, which apply to your use of this site on any matter these Shop Terms do not address.

Each version of these Shop Terms is dated above and archived; a prior version is available on request using the contact information in Section 24. Changes to these Shop Terms apply only prospectively, as described in Section 23.

2. Who We Are; Definitions

ZipHealthy PLLC is located at 240 S Main St, Suite 270, Bentonville, AR 72712; phone (479) 259-1390; email info@ziphealthy.com. Our products are designed and written by Stephen Velasquez, MBA, MSW, LCSW (Arkansas license #9830-C; also licensed in Arizona, Virginia, and Florida, and authorized to practice in the U.S. Virgin Islands where lawfully permitted).

“Practice Parties” means ZipHealthy PLLC; its member, Stephen Velasquez; and their respective agents, contractors, licensors, and successors. Each Practice Party is an intended third-party beneficiary of Sections 14 through 18 and Section 22, entitled to enforce them — including the arbitration agreement and class-action waiver in Section 17.

3. Order of Precedence

Your relationship with ZipHealthy PLLC is governed by documents in the following order of precedence: (1) signed clinical intake and informed-consent documents govern clinical services; (2) these Shop Terms, together with our Return & Refund Policy and Shipping Policy, govern purchase transactions on this Shop; (3) TherapyPortal’s own terms govern your use of the client portal; and (4) the ZipHealthy Terms of Use at www.ziphealthy.com govern all remaining use of ZipHealthy websites, including this Shop site, on any matter these Shop Terms do not address.

These Shop Terms and the ZipHealthy Terms of Use are intended to be read together and to provide you the same dispute-resolution framework regardless of which document a dispute is brought under; any conflict between them is resolved in favor of the more specific document for the matter in question.

4. General Wellness Products; Not Therapy; No Clinician–Client Relationship; Crisis Resources

All products sold on this Shop — digital PDF toolkits, workbooks, and ebooks, print-on-demand guided journals, bundles, gift cards, and any courses or workshops we may offer — are general wellness, educational, and self-help materials. They are not therapy, counseling, psychotherapy, medical or mental-health advice, diagnosis, evaluation, or treatment, and they are not medical devices. ZipHealthy currently sells no subscriptions, memberships, or recurring-billing products of any kind, and nothing sold on this Shop renews automatically; if a recurring-billing product is ever offered, its renewal terms will be disclosed and separately agreed to at checkout.

Purchasing, downloading, or using any product does not create a therapist–client, clinician–patient, or fiduciary relationship with ZipHealthy PLLC or with Stephen Velasquez, LCSW, and does not begin any evaluation or course of treatment. No one at ZipHealthy reviews or monitors your use of, or any entries you make in, any product.

If you are experiencing a mental-health crisis or thoughts of suicide or self-harm, do not use this Shop or its products to seek help: call or text 988 (Suicide & Crisis Lifeline), text HOME to 741741 (Crisis Text Line), or call 911 or go to your nearest emergency room.

5. Health-Claims Discipline; No Outcome Guarantees

Products describe skills, exercises, and information intended to support general well-being. Results vary; no result is typical; and no outcome is promised or guaranteed. Product descriptions are not claims that any product diagnoses, treats, cures, mitigates, or prevents any disease or condition. Statements about the clinician’s background (for example, insights drawn from 15+ years of practice and work with 1,300+ clients) describe the author’s experience only and are not a promise about your individual results.

6. Digital Products: License, Not Sale

Digital products (PDF toolkits, workbooks, ebooks, and any digital course materials) are licensed to you, not sold. Upon full payment, ZipHealthy grants you a limited, revocable-for-breach, non-exclusive, non-transferable, non-sublicensable license to download, store, and use the digital product, and to print it, for your personal, non-commercial use (or, for a corporate package, for the internal organizational use expressly stated in that package’s listing).

You may not: redistribute, republish, share, sell, resell, rent, lend, or sublicense any digital product or any part of it; post it to any website, file-sharing service, or repository; remove or alter copyright, attribution, or licensing notices; create derivative works for distribution; or use any digital product, in whole or in part, to train, fine-tune, ground, or otherwise develop any artificial-intelligence or machine-learning model or dataset. All rights not expressly granted are reserved.

This license survives delivery and any termination of these Shop Terms; it terminates automatically upon your material breach of this Section 6.

7. Refunds and Returns

Refund and return rights for every product category we sell — digital products, print-on-demand journals, gift cards, bundles, corporate packages, and any workshops or live events we may offer — are stated exclusively in our standalone Return & Refund Policy, which is linked at checkout and on every product page, and which is disclosed to you before you complete a purchase. Nothing in these Shop Terms grants any refund, return, or exchange right beyond what the Return & Refund Policy states, and nothing in the Return & Refund Policy is reduced by these Shop Terms.

8. Shipping and Delivery

Delivery timelines, production estimates, title and risk of loss, and carrier-delay handling for physical and digital products are stated in our standalone Shipping Policy, which is linked at checkout. We ship physical products only to addresses in the United States, consistent with Section 21.

9. Gift Cards

ZipHealthy gift cards never expire and carry no fees of any kind — no purchase, activation, dormancy, inactivity, or service fees. Gift cards are redeemable for merchandise on this Shop and, at the cardholder’s option, toward fees for private-pay services provided directly by ZipHealthy PLLC — for example, private-pay therapy sessions — where permitted by applicable law and any applicable insurance rules.

Redeeming toward private-pay clinical services. A gift card may be applied, at face value, toward the Practice’s private-pay clinical-service fees — for example, private-pay therapy sessions. To apply a balance, contact the Practice at info@ziphealthy.com or (479) 259-1390 before your appointment and we will apply the balance to your invoice; session redemptions are processed by the Practice directly rather than through Shop checkout, and information you share with the Practice to schedule or pay for services is handled under the Practice’s privacy practices, not this Shop’s. Gift cards cannot be applied to insurance copays, coinsurance, deductibles, or any other insurance cost-sharing amount. Purchasing or redeeming a gift card does not create a therapist–client relationship, does not guarantee appointment availability, and does not entitle the holder to become or remain a client of the Practice; clinical services remain subject to the Practice’s intake, informed-consent, scheduling, and cancellation policies, and if a session paid with a gift card is cancelled consistent with the Practice’s Cancellation Policy, the amount is restored to the gift-card balance. Applying a gift-card balance to a clinical invoice is a method of payment only: it does not make any clinical matter a Dispute under these Shop Terms, and claims arising out of clinical services remain excluded from Section 17 as stated in Section 17.1.

Gift cards are not redeemable or exchangeable for cash except to the extent required by applicable law, cannot be reloaded, and cannot be used to purchase other gift cards. A lost or stolen gift-card code can be replaced only if you provide proof of purchase and the balance is unused. Gift cards are not returnable or refundable after purchase, except where required by law. Unredeemed balances are handled in accordance with applicable unclaimed-property (escheat) law — typically the law of the state of the cardholder’s last known address, or Arkansas law, as ZipHealthy’s state of domicile, if no such address is on file.

10. Pricing; Typographical and System Errors; Order Acceptance

All prices are in U.S. dollars and exclude applicable taxes, calculated at checkout. Despite our efforts, a product may occasionally be mispriced or misdescribed due to a typographical, data-entry, or system error.

Your order is an offer to purchase; our order-confirmation email acknowledges receipt of that offer but does not accept it. A contract is formed only when we deliver the digital product, ship the physical product, or issue the gift card. If a product’s correct price is higher than the price stated at checkout, or a listing contains a material error, we may, before a contract is formed, cancel the order and refund in full any amount you paid, and we will notify you; you may then reorder at the correct price. We will not invoke this section after a product has been delivered or shipped.

11. Order Refusal, Limits, and Cancellation

We may refuse, limit, or cancel any order before a contract is formed under Section 10 for reasons including suspected fraud or abuse, resale or redistribution purchasing patterns, listing errors, address or payment-verification problems, or an order that would violate these Shop Terms. If we cancel an order, we will refund all amounts paid for it in full. We may also limit the quantity of any product a customer or order may include.

12. Chargebacks and Payment Disputes

If you have a problem with an order, please contact us first at info@ziphealthy.com — we resolve most issues within a few business days under our Return & Refund Policy, usually faster than a card-network dispute. Nothing in these Shop Terms waives or limits your right to dispute a charge with your card issuer.

If a chargeback is resolved in our favor, or if we determine in good faith that a chargeback was fraudulent or brought in bad faith (for example, an “item not received” dispute for a digital product our records show was downloaded), we may: suspend the license granted under Section 6 for the specific digital product whose charge was reversed; decline to accept future orders from you; and seek to recover amounts owed for products you retained, plus lawful costs of collection. We do not charge a fee for filing a chargeback, and we do not impose any liquidated or multiplied damages for doing so.

13. Reviews and Testimonials

Product reviews displayed on this Shop, when enabled, are submitted by customers through our review platform. We do not suppress or selectively remove reviews based on their rating or sentiment; we may remove a review only for reasons unrelated to sentiment, such as spam, off-topic content, unlawful content, personal information, or content that violates the review platform’s rules, applied uniformly regardless of rating.

If a review is ever submitted in exchange for an incentive (such as a discount code), it will be clearly labeled as incentivized, and no incentive we offer is ever conditioned on the review being positive. Reviews reflect individual experiences; results vary and no outcome is guaranteed. By submitting a review you grant us a non-exclusive, royalty-free license to display it on this Shop. Submitting a review does not create any confidential or clinical relationship, and we do not use shop reviews as clinical testimonials.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND THIS SHOP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ZIPHEALTHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT PRODUCTS WILL PRODUCE ANY PARTICULAR RESULT OR OUTCOME.

Nothing in this section limits the remedies expressly stated in our Return & Refund Policy, which remain available to you regardless of this disclaimer, or any warranty or remedy that applicable law does not allow to be disclaimed. Some jurisdictions do not allow limitations on implied warranties, so parts of this section may not apply to you; in that case they apply to the fullest extent permitted.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NO PRACTICE PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS SHOP OR ANY PRODUCT; AND (B) THE PRACTICE PARTIES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THAT ORDER OR ONE HUNDRED U.S. DOLLARS (US $100).

The exclusions and cap above do not apply to: (a) liability that cannot be excluded or limited under applicable law; (b) a party’s own gross negligence, willful misconduct, or fraud; (c) personal injury or wrongful death; or (d) any claim arising out of clinical services, which these Shop Terms do not limit in any way — those matters are governed exclusively by signed intake and informed-consent documents and applicable law. Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you; in that case they apply to the fullest extent permitted.

16. Indemnification

You agree to indemnify and hold harmless the Practice Parties from and against third-party claims, and resulting liabilities, damages, and reasonable costs (including reasonable attorneys’ fees), to the extent arising out of: (a) your violation of the license in Section 6, including redistribution or use of a digital product to train an artificial-intelligence or machine-learning model; (b) your unlawful use of any product or this Shop; or (c) infringement or misappropriation of a third-party right by content you submit, including a review. This obligation does not apply to claims arising from a Practice Party’s own negligence, willful misconduct, or violation of law, and it does not extend to your ordinary, lawful use of a product or this Shop.

17. Dispute Resolution: Notice of Dispute, Arbitration Agreement, Class Action Waiver, and 30-Day Opt-Out

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES MOST DISPUTES ABOUT THIS SHOP TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, INCLUDES A WAIVER OF CLASS ACTIONS AND JURY TRIALS, PRESERVES YOUR RIGHT TO GO TO SMALL-CLAIMS COURT, AND GIVES YOU THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS (SECTION 17.5). CLAIMS ARISING OUT OF CLINICAL SERVICES ARE NEVER COVERED BY THIS SECTION.

17.1 What This Section Covers — and What It Never Covers

This Section 17 applies to any dispute, claim, or controversy between you and ZipHealthy — or between you and any other Practice Party, each of which may enforce this Section as an intended third-party beneficiary — arising out of or relating to this Shop, any product, any order, or these Shop Terms (each, a “Dispute”).

Excluded: clinical claims. This Section 17 does not apply to, and nothing in these Shop Terms requires arbitration of, any claim arising out of or relating to clinical services, professional treatment, or the clinician–client relationship, whether asserted against ZipHealthy or against the clinician individually. Those claims are governed by the signed intake and informed-consent documents and applicable law. Because no purchase on this Shop creates a clinical relationship (Section 4), an ordinary dispute about a purchase is never a clinical claim within the meaning of this exclusion.

Intellectual-property and unauthorized-access carve-out. Either party may seek injunctive or other equitable relief in a court described in Section 18 for actual or threatened infringement or misappropriation of intellectual-property rights (including redistribution of a licensed digital product) or for unauthorized access to or interference with this Shop.

Small-claims carve-out. Either party may bring an individual, qualifying claim in small-claims court, including in the small-claims court of the county where you reside.

Public injunctive relief. Nothing in this Section waives any right you may have under applicable law to seek public injunctive relief where that right cannot be waived. If a claim for public injunctive relief cannot lawfully be arbitrated on an individual basis, that request for relief (and only that request) shall be severed and decided by a court described in Section 18, and all other aspects of the Dispute shall be arbitrated.

17.2 Informal Resolution First (Notice of Dispute)

Before beginning an arbitration or lawsuit, you and ZipHealthy each agree to first send a written, individualized Notice of Dispute to the other. Your Notice of Dispute goes to ZipHealthy PLLC, Attn: Legal Notices, 240 S Main St, Suite 270, Bentonville, AR 72712, or by email to info@ziphealthy.com with the subject line “Notice of Dispute,” and must include your name, address, email address, a description of the Dispute, its factual basis, and the relief you seek. For 60 days after a complete Notice of Dispute is received, both parties shall attempt in good faith to resolve the Dispute informally, including by a telephone conference if either party requests one. Applicable statutes of limitation, and the deadline in Section 18, are tolled during this 60-day period. This requirement is mutual: ZipHealthy must comply with it before bringing any claim against you.

17.3 Arbitration Agreement

If a Dispute is not resolved informally, you and ZipHealthy agree that it shall be resolved by final and binding arbitration on an individual basis, rather than in court, except as carved out in Section 17.1 or if you opt out under Section 17.5. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and evidences a transaction involving interstate commerce.

• Rules and administrator. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section. If the AAA is unavailable or declines to administer, arbitration will be administered by National Arbitration and Mediation (“NAM”) under its comparable consumer rules, and if neither is available, by an administrator the parties agree on or a court appoints under the Federal Arbitration Act.
• Arbitrator; governing standards. One neutral arbitrator will decide the Dispute, apply applicable substantive law (including applicable statutes of limitation and privileges), honor the carve-outs and terms of this Section, and issue a reasoned written decision on request.
• Hearing format and location. At your election, the hearing will be held (a) in person in the county where you reside, (b) in person in Benton County, Arkansas, or (c) by videoconference or telephone, or, where the AAA rules so provide, on the documents; the format may otherwise be changed only by mutual agreement. You are never required to travel to Arkansas to arbitrate.
• Fees and costs. You are responsible only for the consumer filing fee under the AAA Consumer Arbitration Rules fee schedule; ZipHealthy will pay all remaining arbitration filing, administrative, case-management, and arbitrator fees. Each party bears its own attorneys’ fees and costs, except that the arbitrator may award attorneys’ fees and costs (a) where an applicable statute or agreement provides for fee-shifting — nothing in these Shop Terms limits any statutory right to recover fees — or (b) against a party whose claim or defense the arbitrator finds frivolous or brought for an improper purpose, under the standard of Federal Rule of Civil Procedure 11.
• Remedies. The arbitrator may award any individual relief that a court could award, including injunctive relief limited to the claimant.
• Delegation. The arbitrator shall decide all disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court, not the arbitrator, shall decide (i) the enforceability of the class-action waiver in Section 17.4, (ii) whether a Dispute falls within the clinical-claims exclusion in Section 17.1, and (iii) any dispute about the batching procedure in Section 17.6.
• Enforcement. Judgment on the award may be entered in any court of competent jurisdiction.

17.4 Class Action and Class Arbitration Waiver

YOU AND ZIPHEALTHY EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND EACH WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION, except that individualized claims for public injunctive relief are preserved as stated in Section 17.1. The arbitrator has no authority to conduct a class, collective, or consolidated arbitration or to award relief to anyone other than the individual claimant.

Blow-up severability. If a court of competent jurisdiction holds this class waiver unenforceable as to a particular claim or request for relief, then that claim or request — and only that one — shall be severed from arbitration and proceed in a court described in Section 18, and the remainder of this Section 17 and these Shop Terms shall remain in full force. Under no circumstances shall any claim proceed as a class, collective, or representative arbitration. The enforceability of this class waiver shall be decided by a court, not by the arbitrator, notwithstanding the delegation provision above.

17.5 Your 30-Day Right to Opt Out of Arbitration

You may reject this arbitration agreement and the class waiver by sending written notice within 30 days after your first purchase on this Shop on or after the Effective Date above, or within 30 days after the effective date of any amendment that materially changes this Section 17 (as to that amendment). Send your opt-out notice by email to info@ziphealthy.com with the subject line “Arbitration Opt-Out,” or by mail to ZipHealthy PLLC, Attn: Arbitration Opt-Out, 240 S Main St, Suite 270, Bentonville, AR 72712. The notice needs to include only your name, your contact information, and a statement that you opt out of the arbitration agreement in these Shop Terms.

Opting out has no adverse consequences: it does not affect your access to this Shop, any purchase, or any other provision of these Shop Terms, all of which continue to apply. If you opt out, Disputes will be resolved in the courts identified in Section 18. This opt-out is independent of, and does not substitute for, the separate arbitration opt-out available under the ZipHealthy Terms of Use for disputes brought under that document; opting out of one does not opt you out of the other.

17.6 Coordinated (Mass) Filings

If 25 or more arbitration demands of a substantially similar nature are filed against ZipHealthy by or with the assistance of the same or coordinated counsel or organizations, then, as a condition of administration: (a) the parties shall select up to 10 demands per side to proceed first as bellwether arbitrations, and filing and administrative fees for the remaining demands shall be deferred (not extinguished) while the bellwethers proceed; (b) after the bellwether awards, the parties shall engage in a single global mediation session of the remaining demands; and (c) any remaining demands shall then proceed in staged batches under the AAA’s rules. Applicable statutes of limitation, and the deadline in Section 18, are tolled for any demand from the date it is filed until it proceeds. Nothing in this subsection deprives any claimant of the right to an eventual resolution of that claimant’s individual claim on the merits. If a court holds this subsection unenforceable as to any demand, that demand may proceed in a court described in Section 18 on an individual basis.

18. Governing Law; Venue; Jury Waiver; Time to Bring Claims

These Shop Terms and any Dispute are governed by the laws of the State of Arkansas, without regard to its conflict-of-laws rules, except that (a) the Federal Arbitration Act governs Section 17, and (b) nothing in this section deprives you of the protection of any consumer-protection law of the jurisdiction where you reside that cannot be waived or varied by contract.

Any Dispute that is not subject to arbitration — including any claim carved out under Section 17.1, any claim severed under Section 17.4, and all claims if you opt out under Section 17.5 — shall be brought exclusively in the state courts located in Benton County, Arkansas, or the United States District Court for the Western District of Arkansas, and both parties consent to personal jurisdiction and venue there, except for small-claims actions (which you may bring in the small-claims court of the county where you reside) and except where applicable law guarantees you a different forum.

JURY WAIVER: TO THE EXTENT A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND ZIPHEALTHY EACH KNOWINGLY AND VOLUNTARILY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY.

Time to bring claims. To the extent permitted by applicable law, any Dispute must be commenced (by filing an arbitration demand or, where permitted, a court action) within two (2) years after the claim accrues, or it is barred; this period is tolled as provided in Sections 17.2 and 17.6. This paragraph does not apply to claims under federal or state consumer-protection statutes, to claims for personal injury or wrongful death, or to claims arising out of clinical services. Where applicable law prohibits shortening the limitations period for any other claim, this paragraph does not apply to that claim, and the shortest lawful period applies instead. This paragraph is severable.

19. Privacy; Payments

Our master Privacy Policy at www.ziphealthy.com/privacypolicy.html describes how ZipHealthy collects and uses information, including on this Shop; our short-form Privacy Notice for the Shop supplements it with Shop-specific processing detail. This Shop runs on Shopify, and checkout and payment processing are performed by Shopify and its payment processors under their own terms and privacy policies; ZipHealthy does not receive or store your full payment-card number.

Information you provide on this Shop (orders, email, shipping address, and any reviews) is store and marketing data — it is not health information and is not part of any clinical record. Please do not include health information in order notes, reviews, or store messages. If you are a client of the Practice, please communicate about clinical matters only through TherapyPortal.

20. Copyright Infringement Claims (DMCA)

ZipHealthy’s designated copyright agent (U.S. Copyright Office registration DMCA-1075963) is: Copyright Agent, ZipHealthy PLLC, Attn: Stephen Velasquez, 240 S Main St, Suite 270, Bentonville, AR 72712; phone (479) 259-1390; email info@ziphealthy.com (subject line “DMCA Notice”). A notice of claimed infringement must contain the elements required by 17 U.S.C. § 512(c)(3): a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf; identification of the copyrighted work claimed to be infringed; identification of the allegedly infringing material and information reasonably sufficient to locate it; your name, address, telephone number, and email address; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on the owner’s behalf.

If material is removed in response to a notice, the person who posted it may submit a counter-notification to the same agent containing the elements required by 17 U.S.C. § 512(g)(3): identification of the removed material and its location before removal; a statement under penalty of perjury that the sender has a good-faith belief the material was removed as a result of mistake or misidentification; the sender’s consent to the jurisdiction of the federal district court for the sender’s address (or, if outside the United States, any judicial district in which ZipHealthy may be found); and the sender’s name, address, telephone number, and signature. Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing, or was removed or disabled by mistake, may be liable for damages, including costs and attorneys’ fees. The full DMCA procedure, including this counter-notification process, is also stated in Section 19 of the ZipHealthy Terms of Use at www.ziphealthy.com/termsofuse.html, which applies to this Shop.

21. U.S.-Directed Store; Export

This Shop is operated from, and directed to, the United States. We sell and ship only to U.S. addresses, and digital products are offered only to U.S. purchasers. We make no representation that any product is appropriate or lawful outside the United States; if you access this Shop from elsewhere, you do so on your own initiative and are responsible for compliance with local law. You may not purchase or use any product in violation of U.S. export-control or sanctions laws, and you represent that you are not located in, and are not ordering on behalf of anyone located in, an embargoed jurisdiction or on any U.S. restricted-party list.

22. Force Majeure

No Practice Party is liable for any failure or delay in performance caused by events beyond its reasonable control, including failures of our print partner or e-commerce platform, carrier disruptions, internet or hosting outages, power failure, natural disasters, public-health events, or governmental action. If a force-majeure event prevents delivery of a paid order for more than 30 days, either you or we may cancel the affected order, and we will refund it in full.

23. Changes; Severability; Survival; Assignment; No Waiver; Entire Agreement

Changes. We may revise these Shop Terms by posting an updated version with a new Effective Date. For material changes, we will give at least 14 days’ advance conspicuous notice before the new version takes effect. Changes apply prospectively only: the version in effect when a Dispute accrued governs that Dispute. A material change to Section 17 re-opens the 30-day opt-out as to that change. Each version is archived and available on request under Section 24.

Severability. If any provision of these Shop Terms is held invalid or unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable or, if it cannot be reformed, severed, and the remainder shall remain in full force — except that the blow-up provision in Section 17.4 controls over this general severability rule as to the class waiver.

Survival. Section 2 (Practice Parties), Section 6 (license), Section 13 (review license), Sections 14 through 18 (disclaimers, limitation of liability, indemnification, and dispute resolution), Section 20 (DMCA), and Section 24 (notices) survive delivery of any product, completion of any order, and any termination of these Shop Terms.

Assignment. You may not assign these Shop Terms or any rights under them. We may assign these Shop Terms to a successor in connection with a merger, reorganization, or sale of ZipHealthy or substantially all of its assets.

No waiver. Our failure to enforce any provision is not a waiver of it or of any other provision.

Entire agreement (purchases only). These Shop Terms, together with our Return & Refund Policy, Shipping Policy, and Privacy Notice for the Shop, are the entire agreement between you and ZipHealthy regarding purchases on this Shop and supersede prior shop terms. These Shop Terms do not merge with, amend, or supersede: any signed clinical intake, informed-consent, or financial-agreement document; TherapyPortal’s platform terms; or the ZipHealthy Terms of Use — each of which remains a separate agreement governing its own subject matter, with precedence as stated in Section 3.

24. Notices; Contact; California Consumer Notice

All formal notices to ZipHealthy under these Shop Terms — including a Notice of Dispute (Section 17.2), an arbitration opt-out (Section 17.5), or a DMCA notice (Section 20) — should be sent to:

ZipHealthy PLLC
240 S Main St, Suite 270
Bentonville, AR 72712
Phone: (479) 259-1390
Email: info@ziphealthy.com

We will send any notices to you at the email or postal address you provided at checkout or, where these Shop Terms provide for it, by conspicuous notice on this Shop. A notice from us to you is effective when actually received (or, for notice given by conspicuous posting on this Shop, when posted). A formal notice from you to us — including an arbitration opt-out (Section 17.5) or a Notice of Dispute (Section 17.2) — is effective when you send it, as shown by the email time stamp or postal postmark.

Notice to California residents. Under California Civil Code § 1789.3, California users are entitled to the following: this Shop is operated by ZipHealthy PLLC, 240 S Main St, Suite 270, Bentonville, AR 72712. Complaints regarding this Shop, or requests to receive further information regarding its use, may be sent to the address above or to info@ziphealthy.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.