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TEMPLATES PMO Terms of Use
SECTION 1. INTRODUCTION
TEMPLATES PMO enables authorized users (“You,” or
collectively, the “Users”) to buy templates such as forms,
checklists, plans through the websites located at
www.templatespmo.com.
By purchasing, You acknowledge that You have read,
understood and that you agree to be bound by these Terms of Use (the
“Agreement”).
SECTION 2. PRIVACY
TEMPLATES PMO won’t share Your contact information,
including but not limited to, Your email address, Your postal
address and Your telephone numbers, with anybody.
SECTION 3. CERTAIN RIGHTS BELONGING TO TEMPLATES PMO
TEMPLATES PMO will solely control all features and
functionality thereof and will have the right to modify, change, or
amend the same at all times, in its sole discretion. TEMPLATES PMO
reserves the right to exercise whatever lawful means it deems
necessary to prevent or rectify unauthorized use (including the
distribution of unauthorized content) on the TEMPLATES PMO,
including, but not limited to, technological barriers, IP mapping,
directly contacting Your Internet Service Provider (ISP) regarding
such unauthorized use, and seeking legal action against You.
TEMPLATES PMO reserves the right to remove or delete any template
from the TEMPLATES PMO Platform at any time, at its sole discretion,
for any reason or for no reason, and without notice to You. If
TEMPLATES PMO removes or deletes a Document that You have purchased,
TEMPLATES PMO reserves the right to revoke Your purchase. If
TEMPLATES PMO revokes your purchase, TEMPLATES PMO may elect, at
TEMPLATES PMO’s sole discretion, to provide a refund to You. If
TEMPLATES PMO removes any template that you have purchased,
TEMPLATES PMO may elect, at TEMPLATES PMO’s sole discretion, to
provide You a limited window of time during which You may download
such removed Document.
SECTION 4. YOUR REPRESENTATION AND WARRANTIES;
PROHIBITED USES OF THE DOCSTORE SERVICE
In addition to the prohibited conduct described in
the TEMPLATES PMO Terms of Use, You hereby represent and warrant to
the following:
(a) You shall not, and shall not authorize or
encourage any third party to share, copy, adapt, redistribute,
reconfigure, modify, create derivative works from, resell, profit
from, or otherwise exploit any templates purchased on or through the
TEMPLATES PMO other than as permitted by TEMPLATES PMO;
(b) You understand that all Templates are provided to
You on a non-exclusive license basis only for your personal use for
non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license. You may use
the Template(s) and any derivative works in the work of your firm or
employer or on behalf of a single client or associate with no time
limit;
(e) You shall not act in any way that violates any
Guidelines, or any other agreement between TEMPLATES PMO and
Yourself, or engage in any action or practice that disparages or
devalues TEMPLATES PMO’s reputation or goodwill;
(f) all of the information that You provide to
TEMPLATES PMO under this Agreement is current and accurate;
(h) You have not entered into any other agreement
that is in conflict with the terms of this Agreement;
(i) You shall comply with all applicable laws and
regulations.
(j) You acknowledge that any attempted or actual
violation of any of the foregoing is a material breach of this
Agreement and that TEMPLATES PMO may pursue any and all applicable
legal and equitable remedies against You, including the pursuit of
all available civil or criminal remedies.
SECTION 5. REFUND POLICY
The 100% money back guarantee advertised on the
TEMPLATES PMO Platform is contingent on the following:
(a) You must submit your refund request to
support@TEMPLATES PMO.com within seven (7) calendar days of Your
purchase;
(b) You must provide TEMPLATES PMO with a valid
reason for Your refund request. It shall be at the sole discretion
of TEMPLATES PMO to determine whether such reason is valid and
ultimately, whether the refund will be issued;
(c) You will not have further access to any Template
for which a refund has been issued to You;
(d) You are limited to a maximum of five (5) refunds
in any given calendar year (the “Maximum Refund Quota”);
SECTION 6. TERM; TERMINATION
The term of this Agreement will begin on the date
purchase a template on the TEMPLATES PMO Platform and shall continue
until terminated in accordance with the provisions set forth herein.
TEMPLATES PMO may, at its sole discretion, without cause, for any
reason or no reason, and without liability or prior notice to You,
immediately terminate this Agreement, Upon termination of this
Agreement, any provision which, by its nature or express terms
should survive, will survive such termination or expiration.
SECTION 7. FORMS, AGREEMENTS AND TEMPLATES
TEMPLATES PMO intends to make available for purchase,
directly through the TEMPLATES PMO, and indirectly through links to
web sites of certain Document Providers, a variety of Templates. All
such Templates are provided on a non-exclusive license basis only
for your personal one-time use for non-commercial purposes, without
any right to re-license, sublicense, distribute, assign or transfer
such license. Templates are provided for a charge and without any
representations or warranties, express or implied, as to their
suitability, legal effect, completeness, accuracy, and/or
appropriateness.
THE TEMPLATES ARE PROVIDED “AS IS,” “AS AVAILABLE,”
AND WITH “ALL FAULTS,” AND TEMPLATES PMO AND ANY DOCUMENT PROVIDER
FULLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED, TO
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
You acknowledge that The Templates may be
inappropriate for Your particular circumstances. Furthermore, state
laws may require different or additional provisions to ensure Your
desired result. You should consult with legal counsel to determine
the appropriate legal or business templates necessary for Your
particular transactions, as the Templates are only samples and may
not be applicable to Your particular situation. Some Templates are
public domain forms or may be available from public records.
SECTION 8. NO LEGAL ADVICE OR ATTORNEY-CLIENT
RELATIONSHIP
Information or Templates contained on or made
available through the TEMPLATES PMO are not intended to, and do not
constitute, legal advice, recommendations, mediation or counseling
under any circumstance, and no attorney-client relationship is
formed. TEMPLATES PMO does not warrant or guarantee the
accurateness, completeness, adequacy or currency of the information
contained in the Templates for purchase through the TEMPLATES PMO.
Your use of the Templates, the information on the TEMPLATES PMO
Platform, or the materials linked to the TEMPLATES PMO Platform, is
entirely at Your own risk. TEMPLATES PMO is not a law firm and the
TEMPLATES PMO Platform is not a lawyer referral service.
SECTION 9. INDEMNIFICATION
You agree to indemnify and hold harmless TEMPLATES
PMO, from any and all claims, losses, obligations, damages,
liabilities, costs or debt and expenses (including attorney’s fees)
arising out of, related to or which may arise from (i) Your use or
misuse of the TEMPLATES PMO; (ii) Your breach or other violation of
this Agreement including any representations, warranties and
covenants herein; or (iv) Your violation of the rights of any other
person or entity. TEMPLATES PMO reserves the right, at Your expense,
to assume the exclusive defense and control of any matter for which
You are required to indemnify us and You agree to cooperate with our
defense of these claims. You agree not to settle any matter without
the prior written consent of TEMPLATES PMO. TEMPLATES PMO will use
reasonable efforts to notify You of any such claim, action, or
proceeding upon becoming aware of it.
SECTION 10. DISCLAIMER; LIMITATION OF DAMAGES
THE INFORMATION, CONTENT AND TEMPLATES FROM OR
PROVIDED THROUGH THE TEMPLATES PMO PLATFORM, INCLUDING BUT NOT
LIMITED TO THE DOCSTORE, ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH
“ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT AND WARRANTIES ARISING OUT OF THE COURSE OF DEALING
OR PERFORMANCE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. TEMPLATES PMO HAS NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
TEMPLATES PMO IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO (1) THIS
AGREEMENT, (2) ANY ERRORS IN OR OMISSIONS FROM OUR SITE, (3) THE
UNAVAILABILITY OR INTERRUPTION OF OUR SITE OR ANY FEATURES THEREFROM,
(4) YOUR USE OR YOUR INABILITY TO USE THE TEMPLATES, (4) THE CONTENT
CONAINED ON OUR SITE, EVEN IF TEMPLATES PMO HAS BEEN ADVISED OF THE
POSSIBILITY OF ANY SUCH DAMAGES
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF
WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY
TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE
PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
TEMPLATES PMO AND YOU. THIS SITE AND INFORMATION PRESENTED WOULD NOT
BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEMPLATES PMO THROUGH
THE TEMPLATES PMO PLATFORM OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
DOCUMENT IS DISCLAIMED.
SECTION 11. LIMITATION OF DAMAGES
THE AGGREGATE LIABILITY OF TEMPLATES PMO SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
SECTION 12. ASSIGNMENT; ENTIRE AGREEMENT; APPLICABLE
LAW AND VENUE; HEADINGS; SEVERABILITY; NO WAIVER
TEMPLATES PMO may freely assign this Agreement at any
time without notice to You. You may not transfer, sell, or assign
Your rights or obligations under this Agreement and any attempt to
do so shall be void. Subject to the foregoing, this Agreement inures
to the benefit of and shall be binding on the parties’ permitted
assignees, transferees and successors.
This Agreement, including all agreements and
Guidelines incorporated by reference herein, sets forth the entire
agreement and understanding of the parties with respect to the
subject matter hereto, and supersedes all prior and contemporaneous
agreements relating thereto, written or oral, between the parties.
This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California, without
reference to its choice of law doctrine. The parties agree that the
federal and state courts in San Diego County, California will have
exclusive jurisdiction and venue over this Agreement, and the
parties hereby agree to submit to such jurisdiction and venue
exclusively.
In the event that any provision of this Agreement
conflicts with the law under which this Agreement is to be construed
or if any such provision is held invalid by a court with
jurisdiction over the parties to this Agreement, (i) such provision
shall be deemed to be restated to reflect as nearly as possible the
original intentions of the parties in accordance with applicable
law, and (ii) the remaining terms, provisions, covenants and
restrictions of this Agreement shall remain in full force and
effect.
A waiver of any provision of this Agreement will only
be valid if provided in writing and will only be applicable to the
specific incident and occurrence so waived. The failure by either
party to insist upon the strict performance of this Agreement, or to
exercise any term hereof, will not act as a waiver of any right,
promise or term, which will continue in full force and effect.
SECTION 13. CUSTOMER SERVICE; SUPPORT
For assistance with or questions regarding this
Agreement, You can send us an email at
support@templatespmo.com.
Responses to emails will be provided as soon as
possible. |
