1. PARTIES. In consideration of being permitted to purchase, use or access the downloadable materials, legal templates, guides or courses (the “Products”), and the value you will gain by purchasing, using or accessing the Products, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or the “Client”) and Berkley Sweetapple LLC (hereinafter “Company”, “we” or “us”). You and the Company are collectively referred to herein as the “Parties”.

2. ACCEPTANCE OF TERMS OF PURCHASE. The following Terms of Purchase (“Terms”) govern your purchase, use and access to the Products. These Terms are legally binding and it is your responsibility to read them before you purchase and use the Products. By purchasing and using the Products, you accept and agree to be bound and abide by these Terms. We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products after we have updated these Terms indicates your acceptance and agreement to the changes.

3. PRODUCTS. Products include but are not limited to: contract templates, legal templates, contract disclaimer templates, communications templates, educational guides and resources, online courses and other digital products for purchase or download.

4. PAYMENT. By providing the Company with your preferred payment method to purchase Products, you agree and warrant that all payment instruments, credit cards and related information, i.e. billing address, used in connection with your purchase of the Products are correct and that you are authorized to use such payment instrument.

5. REFUND POLICY. Due to the nature of the Product being immediately accessible upon purchase, we do not allow for returns or refunds under any circumstances. In addition, no modifications to your purchase will be granted once your purchase is made.

6. CHARGEBACKS. You will remain responsible for amounts due under these Terms in the event you dispute payment with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all intellectual property or deliverables afforded to you in exchange for your purchase of the Products. Company reserves the right to present proof of purchase and these Terms to the financial institution investigating the dispute.

7. PROMOTIONS. We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are not guaranteed to be available when you purchase the Products. We reserve the right to change or alter any Promotions at any time and at our sole discretion.

If you made a purchase of our Products prior to or after any associated Promotions, we are unable to apply a Promotion to your purchase.

8. INTELLECTUAL PROPERTY RIGHTS. All content, materials and features displayed or provided in connection with the Products, including but not limited to information, software, images, text, designs, graphics, video, audio, written materials, presentations and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.

9. LIMITED LICENSE. By purchasing the Product, you are granted a limited, non-transferable, non exclusive, revocable, personal-use license (“License”) to use the Products by yourself only. You are permitted to modify, copy, edit, print, and otherwise adapt this product for use for yourself and/or your business as long as you agree to adhere to all state and federal laws and intellectual property terms contained in these Terms. You agree to modify the Products only in a manner consistent with these Terms.

10. NO REPRODUCTION. You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, give away or exploit any of the material displayed or provided in connection with the Products, whether publicly or privately.

11. LIQUIDATED DAMAGES. In the event of your breach of Paragraphs 8, 9 or 10 of these Terms, including but not limited to your unauthorized use, disclosure, or distribution of the Products, you agree to pay Company liquidated damages in the amount of $10,000.00 per breach. The Parties acknowledge that this sum represents a reasonable estimate of the damages likely to be incurred and is not intended as a penalty. This amount is agreed upon due to the difficulty of calculating actual damages arising from such breaches.

12. ALL ACCESS PASS. The All Access Pass gives you access to all contract legal templates on this website for one year from the date of your purchase. The All Access Pass may exclude certain courses that are added during the term of your access.

13. PRIVACY. You agree that all information you provide to purchase the Products, including, but not limited to, through the use of any interactive features on the Company’s website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

14. NON-COMPETITION. For a period of one (1) year after you purchase Products, you understand and agree that you may not provide any services, engage in any aspect of business, and/or represent yourself and/or your business as legal contract template store in a way that would be considered similar in nature to the Company or its offerings. This includes offering products that are seen as similar to the Products you purchased from the Company throughout the United States and any of its territories without the prior written consent of the Company.

15. USER CONTRIBUTIONS. If you submit a comment, photo, video or other materials to Company in connection with the Products, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.

16. GENERAL DISCLAIMER. To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Products, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Products or that the Products will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Products or their related content will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Products are for informational/ educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. The Products should not be construed as medical, legal, or financial advice.

17. LEGAL DISCLAIMER. You understand and agree that Company is not a law firm and does not give legal advice, and that no attorney-client relationship is formed through the purchase or use of the Products. Editing the Products is done at your own risk. If you do have questions about your particular situation, you should consult with an attorney licensed in your state who can give you legal advice. The content included in any of the Products is merely meant to be informational and educational in nature and does not represent any level of legal, medical, financial, or other professional advice.

18. WARRANTIES DISCLAIMER. Your use of the Products is at your own risk and the Products are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non infringement.

19. EARNINGS DISCLAIMER. While we may reference certain results, outcomes or situations in connection with the Products, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements made or the likelihood of success for you as a result of these statements. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your purchase, use or access to the Product or your access, purchase or completion of any material provided relating to the Products. Any results provided in connection with the Products are not guaranteed or typical.

20. TECHNOLOGY DISCLAIMER. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. We cannot guarantee that all information provided in connection with the Products is completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.

21. WARRANTIES AND REPRESENTATIONS. Parties represent and warrant to each other that each is free to agree to these Terms and that this engagement does not violate the terms of any agreement between either Party and any third party. The Parties represent and warrant to each other that each is at least 18 years of age at the time of purchase of the Products.

22. ASSIGNMENT. These Terms are personal to each of the Parties. No rights or obligations may be assigned or delegated by either Party at any time, unless such assignment is in writing and signed by both Parties.

23. ASSUMPTION OF RISK. By purchasing, using and accessing the Products, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you.

24. INDEMNITY AND RELEASE. You agree to indemnify, defend and hold harmless Company, its affiliates, employees, agents, licensors, and service providers from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of your purchase and use of the Products, including but not limited to your User Content, any use of the Company’s website’s content or services, or your use of any of the information obtained from the Products.

25. LIMITATION ON LIABILITY. You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Products, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

26. WAIVER. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

27. LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim you may have arising out of or relating to these Terms of Purchase or the Products must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.

28. SEVERABILITY. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.

29. NOTICES. All notices, claims, and demands made upon Company under these Terms must be in writing and addressed to Company at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.

Notice to Company:
Berkley Sweetapple LLC
Attention: Berkley Sweetapple
info@berkleysweetapple.com

30. ENTIRE AGREEMENT. These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms). The English version of these Terms will control if there is any conflict.

31. GOVERNING LAW. These Terms shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.

32. MEDIATION. In the event a dispute shall arise between the Parties that is related to or arises out of these Terms, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in Boca Raton, Florida or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute.

33. JURISDICTION AND VENUE. If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, either party may file suit in a court of competent jurisdiction in the state or federal courts of Palm Beach County, Florida and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.