Terms of Template Use Agreement
McCarthy Garber Law, LLC
Date of last revision: May 22, 2018
By purchasing or downloading our templates, you agree to enter this agreement (“Agreement”) with McCarthy Garber Law, LLC, a Colorado limited liability company (“we,” “our,” and “us”). If you do not accept and agree to be bound by all of the terms of this Agreement, do not use our templates.
We provide templates as reference materials for individuals or businesses that wish to prepare their own legal documents (hereafter, “Templates”).
I. Your Use of the Services
- DISCLAIMER: No Legal Advice or Attorney-Client Relationship
- Our Templates are not legal advice. They are a reference tool and provide general information, in the same way a book, blog, or other article can summarize and explain the law.
- Our Templates do not contain information specific to your business and are not tailored for such information (including any state, local, or other law applicable to you).
- These Templates are not a substitute for the advice of an attorney. You may wish to hire an attorney to review them or answer questions. These Templates are provided for the purpose of assisting those who intend to draft such policies without legal advice or the involvement of an attorney.
- Your Representations
- By purchasing or downloading our Templates, you confirm:
- You have the authority and capacity to enter this Agreement. Where you act here on behalf of an entity, you confirm here you have the authority to bind that entity to this Agreement.
- You are 18 years or older.
- All information you have provided to us is complete, accurate, and truthful.
- You acknowledge and understand that we are not your legal counsel; we are not providing you legal advice; and, there is no attorney-client relationship between us.
- You understand our Templates contain proprietary information and material that we own and is protected by applicable intellectual property and other laws, including copyright law.
- You have purchased the Templates only for your own use. You will not sell or resell the Templates. You understand you do not own the Templates and have purchased only a right to use them on your own behalf. You may not split the cost of the templates to share with another party.
- You will not use the Templates in, as part of, or to facilitate: any unlawful activities; the promotion of violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity; or, the dissemination of any malicious code for the purpose of causing damage.
- You understand that you are solely responsible for tailoring these documents to your business and needs. Failure to do so can result in you losing some or all of the protections provided by our Templates. This is particularly true where you edit the framework of our Templates (that is the portions that are not intended to be modified), or improperly, incompletely, or inaccurately complete portions that are marked for completion or alteration. If you are uncertain how to edit a Template, you should consult an attorney of your choosing.
- Attorneys are licensed to practice law by state. We are located and licensed to practice in Colorado. If you are not located in Colorado, you should consult with a licensed professional in your state or jurisdiction to ensure that any legal agreements you have comply with the laws of your state.
We charge you a flat fee to download a Template. That fee is a on-time charge that provides you one-time access to download and the right to use that Template, consistent with the provisions in this Agreement. That fee does not engage us as your legal counsel; does not form an attorney-client relationship; and, does not entitle you to updates, additional products, or advice.
- Third-Party Payment Services
We use third-party payment services (currently, Stripe and Paypal) to handle payment services. If you have any issue with charges, those issues need to be addressed between you and the third-party payment service. We are not responsible for the payments or any related disputes.
- No Refunds
Because the value of our Templates is the content, we do not issue refunds. All sales are final.
III. Disclaimers, Waivers, and Indemnification
- Limitation of Templates
There are federal, state, local, foreign, and international laws that may apply to your business. We do not know the details of your specific business. Our Templates were not drafted addressing how those laws might affect you specifically. These Templates exist for the purpose of providing reference material to assist you in drafting your own documents. Again, if you have any questions, you should consult an attorney.
- Disclaimer of Warranties
All information and services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The law changes. We prepare our Templates on the “last revision” date provided in the document. We make no representation that the document complies to any changes after that date. Although we endeavor to incorporate major legal updates in our Templates, we make no such guarantee and you accept that risk.
- Waiver of Liability
As previously noted, we have not drafted our Templates specifically for you and we cannot assure you will appropriately edit or alter our Templates. Thus, you waive any liability we would have from using our Templates. This includes you waiving any claims against us for any injuries or damages (including compensatory, punitive, special, or consequential damages) you sustain as a result of using our Templates. You understand and agree the above waiver extends to any claim of any nature or kind, known or unknown, suspected or unsuspected, regardless of when the claim first existed. This includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
If we are subject to a complaint, demand, mediation, arbitration, litigation, or other pursuit based upon your use of our Templates, you agree to indemnify us for all costs, expenses, and fees (including attorneys’ fees by the attorneys of our choice) we expend in defending ourselves against or otherwise addressing such pursuit.
IV. General Provisions
- Successors and Assignees
We may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of our ownership or assets. You may not assign this Agreement without our express written permission.
- Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. The venue for any disputes including mediation, arbitration, or litigation shall be Denver, Colorado. You agree to waive the following defenses to any action: forum non conveniens and lack of personal jurisdiction.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement, including any breach or issue related to the Service, shall be binding arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. You understand and accept that by agreeing to arbitration you are foregoing access to a jury.
If one party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.
If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of this Agreement will remain in effort and be construed and enforced consistent with the purpose of this Agreement, to the fullest extent permitted by law. Furthermore, if a provision is deemed invalid or unenforceable, the parties agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.
- Understanding of Agreement
You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with independent legal counsel at your own expense prior to entering into this Agreement, and have either done so or chosen not to do so in entering this Agreement. Regardless of your choice, you intend to be fully bound by this Agreement.
- Entire Agreement
This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements, representations, and understandings, oral or written. This Agreement is binding and controlling absent a subsequent agreement between us, in writing and signed by both parties.