End User License Agreement (EULA)
for Digital Products

You may not purchase this item unless you acknowledge and agree to the following End User License Agreement. By proceeding to purchase this item, you agree to the following: 

In purchasing a digital product from Spear IP (a “Contract Kit”), you agree that you are not creating an attorney-client relationship between you and Maria Spear Ollis, Esq. and/or Spear IP or its agents or employees. As such, all monies paid in exchange for the Contract Kit are earned on receipt and will not be deposited into Spear IP's client trust account, but will be deposited directly into Spear IP's operating account, and are non-refundable. You also agree that your purchase, download, and/or use of the Contract Kit is not legal advice, is not the practice of law, and that the Contract Kit is not customized to your particular company's needs. If you have questions about how the Contract Kit will affect you, your business, or a contracting party, or if your wishes do not seem to fit with the Contract Kit, you may wish to engage an attorney to address your specific needs.

This Contract Kit may only be used by the purchaser. This Contract Kit is solely for your own personal or business use in connection with your independent contractors and may not be otherwise sold, distributed, transmitted, or redistributed without Spear IP's express consent, in writing. Any sale, distribution or transmission of this Contract Kit to a third party (with the exception of the contracting party) is strictly prohibited. Spear IP expressly reserves all rights to all contents of this Contract Kit including, but not limited to, worldwide, perpetual intellectual property rights.

Spear IP makes best efforts to make sure its contract templates are accurate and up-to-date, but cannot guarantee that all of the information in this Contract Kit is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to different interpretation, depending on the interpreting court. This Contract Kit is for general use, but no general tool can fit every specific circumstance. If you need legal advice or have questions regarding a specific legal concern, please contact an attorney in your jurisdiction.

SPEAR IP DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE CONTRACT TEMPLATE, INCLUDING, BUT NOT LIMITED TO, THE EXTENT YOU MODIFY, DELETE, REMOVE, RE-WORD, OR OTHERWISE ALTER THE CONTRACT TEMPLATE. THE CONTRACT TEMPLATE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPEAR IP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS INCLUDES ILLEGAL OR INCONSISTENT MODIFICATIONS MADE BY YOU TO THE CONTRACT TEMPLATE, AND LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE CONTRACT TEMPLATE. SPEAR IP MAKES NO WARRANTY THAT AVAILABILITY OF THE CONTRACT TEMPLATE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTRACT TEMPLATE MEET YOUR SPECIFIC REQUIREMENTS, THE CONTRACT TEMPLATE WILL BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS, THAT THE QUALITY OF THE CONTRACT TEMPLATE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SPEAR IP (OR ANY OF ITS MEMBERS OR OFFICERS) WILL NEVER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING UNFORESEEABLE DAMAGES, RELATED TO YOUR USE OF THE CONTRACT TEMPLATE OR ANY INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SPEAR IP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE PREVIOUS SENTENCE, LIABILITY IS NEVERTHELESS IMPOSED ON SPEAR IP, THE TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE MONIES ACTUALLY PAID FOR THE CONTRACT TEMPLATE BY YOU. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Spear IP's liability is limited to the greatest extent permitted by law.

This End User License Agreement and the Contract Kit are provided in the State of Tennessee. As such, by purchasing this Contract Kit, you agree that you are subject to the laws of the State of Tennessee. Any legal issues arising out of your use of the Contract Kit will be construed in accordance with, and all questions with respect to the Contract Kit will be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly performed within Tennessee. The state and federal courts of Davidson County, Tennessee will be the exclusive forum and venue to resolve disputes arising out of or relating to this Contract Kit, and you consent to personal jurisdiction and venue in that forum by purchasing the Contract Kit.