These Purchase Terms (these “Terms“) apply to the purchase and sale of model documents and spreadsheets (collectively, “Documents“) through Exhibit10.com (the “Site“). These Terms are subject to change by John Dorsey PLLC (“JD“) without prior written notice at any time, in JD’s sole discretion.
All prices posted on the Site are subject to change without notice. The price charged for a Document will be the price in effect at the time the order is placed. All Documents purchased will be made available by digital download only. All amounts paid for Documents are non-refundable.
JD retains exclusive title, copyright, and all intellectual property rights in and to all Documents. By purchasing a Document, JD grants you the following license(s), as applicable: (i) for purchasers who are licensed attorneys, JD grants you a non-exclusive, limited license to copy, revise, customize, and use the purchased Document for the purposes of any matter on which you are advising a client; and (ii) for purchasers who are not licensed attorneys, JD grants you a non-exclusive, limited license to copy, revise, customize, and use the purchased Document for your own internal education, research, financing, and other internal non-commercial purposes. Notwithstanding the foregoing, JD does not grant you the right to, and you shall not, (x) make any Document or any derivative thereof publicly-available, including in any written publication, on the Internet, in any web or mobile application, or otherwise, or (y) sell, license, share, disseminate, or otherwise redistribute any Document or derivative thereof.
All Documents are provided “as is” without any warranty, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise, including (i) any warranty of merchantability, (ii) warranty of fitness for a particular purpose, or (iii) warranty against infringement of intellectual property rights of a third party.
In no event will JD be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection your purchase or use of any Document or otherwise. JD’s sole and entire maximum liability and your sole and exclusive remedy shall be limited to the lesser of: (A) US$1.00 and (B) the actual amount paid for you for the Document(s) you have ordered through the Site.
All matters arising out of or relating to these Terms are governed and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Washington. Any claim, dispute or controversy between you and JD arising from or relating in any way to your purchase of Documents from the Site will be resolved exclusively and finally by small-claims court proceeding in Kitsap County, Washington, and you irrevocably and unconditionally agree that you will not commence any action, litigation, or proceeding of any kind whatsoever against JD in any other court or forum.