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.
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
(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 firstname.lastname@example.org.
Responses to emails will be provided as soon as possible.