The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Use Of Site
- COMMERCIAL - BUSINESS USE LICENSE AGREEMENT This License Agreement is the legal contract of terms and conditions under which Our Customers are authorized to use Our Products, and contains the rights, obligations and duties of both Our Customers and Us. You accepted the terms and conditions of this License Agreement when You purchased a License for Our Products on Our website www.FingerTipManuals.com, www.shop.fingertipmanuals.com or, if You purchased Your License by any other means, when you placed Your Order and Your credit or debit card was charged. As used in this License Agreement the word Products refers to Our Products and the content of Our Products whose license You purchased when you placed Your order for one or more of Our Products. For convenience, Fingertip Enterprises LLC for itself and under the name Fingertip Manuals will be referred to in this License Agreement by either of such names or as We, Us, or Our and You, Our customer, will be referred to as You, Your or Licensee and this description will apply to Licensees that are either individuals or legal entities. Licenses to use Our Products are granted only to Licensees physically located in the United States or Puerto Rico for use of Our Products in the United States of America and Puerto Rico. Export from the United States of America or Puerto Rico is strictly prohibited, excluding Products in Our International Category. For convenience, the term Employee Handbook refers to an employee handbook of company policies such as Employee Manual, Employee Handbook, Employee Policy Manual, Employee Handbook Policy Manual, Policies and Procedures Manual and similar terms. GRANT OF NON-EXCLUSIVE, NON-ASSIGNABLE, SINGLE LOCATION PERSONAL LICENSE FOR COMMERCIAL USE ACCEPTANCE OF TERMS AND CONDITIONS We License Our Products only to commercial customers and not for profit organizations. We do not sell our Products. Fingertip Enterprises LLC hereby grants You a non-exclusive, non-assignable, single-user license to use only the Products for which You purchased a License from Us: (1) only in accordance with terms and conditions of this License Agreement; (2) only in a single, private commercial business or single not for profit entity; (3) at a single workplace; (4) within the United States of America or Puerto Rico, excluding Products in Our International Category and (5) in a non-union, non-agricultural environment. This License is personal to You, and You are prohibited from assigning any rights You may have under this License Agreement. You enjoy no rights other than the specific rights We grant to You under this License. The License granted to You is a single business-single location entity License which means that only one corporation, limited liability company, partnership, limited partnership, sole proprietorship or other legal entity (Entity) is authorized to use Our Products and only at one location. No subsidiaries and affiliates of the Entity are authorized to use Our Products or to use Our Products at more than one physical location. Multi-Entity and Multi-Location Licenses are available for purchase. Please contact: customerservice@FingerTipManuals.com or by telephone toll-free 888-EZMANUALS (888.396.2682) for details. This License Agreement sets forth all of Your rights, obligations and duties and Our rights, obligations and duties with respect to Our Products. FORMAT OF PRODUCTS Our Products are available by download of a .zip folder from a secure server on the internet and by physical delivery of a compact disc. Our Employee Handbooks are made available in Microsoft Word for Windows format and are compatible with Microsoft Word for Windows versions 1997 and later. Our HR Forms + Legal Forms Combination are downloaded in PDF Format, and available in Word Format. by emailing customerservice@FingerTipManuals.com requesting Word Formatted forms once you have placed your online order. All of Our other Manuals are in Portable Document Format (PDF). Our Products are compatible with Windows XP®, Windows Vista®, Windows 7, Macintosh®, Linux® and Solaris® Operating Systems. The PDF files are viewed using a PDF reader such as Adobe Reader, which is available free by download from Adobe® at www.adobe.com. The files in the Download .zip folders may be extracted by using the extracting software which comes with Windows Operating Systems or free unzip utility available from www.win-rar.com and other suppliers. USE OF PRODUCTS / LIMITED RIGHTS OF REPRODUCTION With respect only to Our HR Forms + and Legal Forms (collectively, Forms), Licensee may reproduce such Policies and Forms, but only (a) for the limited use of the Entity purchasing the License for Products containing such Policies and Forms, (b) for use at one location as described above, (c) for distribution only to Your employees, and (d) with respect to such Forms, for use with Your employees or for use by the Entity in business dealings with third parties. None of Your subsidiaries, affiliates or divisions may use or copy any of Our Products licensed to You unless a Multi-Entity and Multi-Location License is purchased from Us. Multi-Entity and Multi-Location Licenses are available for purchase. Please contact: customerservice@FingerTipManuals.com or by telephone toll-free 888-EZMANUALS (888.396.2682) for details. PROHIBITED USE You are not to use Our Products other than as authorized by this License Agreement. All rights not expressly granted to You by this License Agreement are expressly reserved to Us. Licensee is prohibited from any of the following actions which include, but are not limited to: Duplicating by any means any of Our Products except as specifically authorized by this License Agreement, or allowing any third party access to Our Products. Selling any information contained on or in Our Products to any third party. Reverse engineering Our Products or technology used to deliver Our Products to You or attempting to do so. Exporting the Products from the United States of America or Puerto Rico or use of Our Products outside of the United States of America or Puerto Rico, with the exception of Products in Our International Category. INTELLECTUAL PROPERTY Our Products are protected by the copyright, trademark, and other laws of the United States of America and the State of Florida. No rights are granted to You except as provided in this License Agreement. At Your Fingertip, Fingertip Law, Your Own Human Resource Department At Your Fingertip, Fingertip Manuals, We put Employee Handbooks At Your FingerTip, 888-EZ MANUALS, and Weve Done All the Work So You Dont Have To are Our trademarks. We claim all copyright and all other intellectual property rights to Our Products, exclusive of government works. 100% MONEY BACK GUARANTEE 100% QUALITY GUARANTEE For your peace of mind, We offer a 60 day, 100% Money Back Guarantee for Our Employee Handbooks. We are confident in the quality of Our Products. Each of Our Policies is written by an attorney. Each of our policies is ready for immediate use. LIMITATION OF GUARANTEE The policies contained in each Employee Handbooks have been researched and written by an Attorney. As Customers have the ability to modify and customize each policy in Our Employee Handbooks, any change by a Customer in the language of a Policy which in Our sole opinion makes a policy inappropriate under federal or state law voids our Guarantees. Compact Discs and Downloaded Products-Manufacturing Defects Our 100% Quality Guarantee also guarantees You that our Products are free from manufacturing defects. If Our Products do not download properly for any reason, We will authorize another immediate download for You or an e-mail a replacement Product to You. If you received a compact disc and cannot install or open the files from the compact disc, We will replace the compact disc or arrange for an e-mail to You of the replacement Product. RETURN POLICY Procedure for Employee Handbooks Customers who receive Our Employee Handbooks delivered by Download from Our Secure Internet Website and desiring a refund of the purchase price under Our 100% Quality Guarantee must: Send an e-mail to customerservice@FingertipManuals.com (or write to Us at Fingertip Enterprises, LLC, 9121 N. Military Trail, Suite 107, Palm Beach Gardens, FL 33410) with the subject line stating, Return Authorization Requested-Download Product. Your e-mail request must state: (a) Your order number, (b) the Download Code or ID issued at the time of purchase, (c) the date of Your order and (d) the reason for the Return. We will forward to you a Refund Policy Certification requiring you to certify in writing that you have deleted Our Product from the hard drive of the Computer which received the download, that You have not made or distributed any copies (electronic or paper) of Our Employee Handbook to your employees or anyone else, and that You will not prevent cookies from being downloaded to the Computer which received the Employee Handbook download. The certification will also require that you acknowledge that any use, reproduction or distribution of all or any part of our Products by you or any person or entity acting on your behalf will violate the Copyright laws of the United States, including the criminal sanctions specified in Title 17, United States Code, and the laws of Florida and other jurisdictions. This certification must be returned to Us by Fax only and within 48-hours of Your receiving Our e-mail containing the Certification. Upon receipt by Us of Your Return in compliance with this Return Policy, We will issue a Credit to the credit or debit card used to purchase Our Employee Handbook for the amount of the Employee Handbook. Unsuccessful Download With respect to Products that do not download properly or a compact disc that cannot install or open files, We will send You either an e-mail or a compact disc containing the Licensed Product You ordered. We must be notified in writing of an unsuccessful download of any of Our Products at customerservice@FingertipManuals.com within 48 hours of the issuance to You of the Download Code or Download ID. Please list the subject of the e-mail as Unsuccessful Download and include: (1) description of the problem or reason for a request for a refund, (2) your Order Number if provided and Download Code or Download ID, (3) the date of your Order, (4) the file or files you were unable to download and (5) a description of the steps taken to download Our Products. If you would like written download instructions, just let us know by sending customerservice@FingerTipManuals.com an e-mail with your request. Compact Disc ordered with Download Physically delivered compact discs are non-refundable as the price of the CD covers shipping and handling costs. USE OF PRODUCT / OBLIGATION OF LICENSEE / NO ATTORNEY REPRESENTATION The final selection of which of our Policies or Forms You use is strictly Your sole decision, discretion and responsibility. No attorney-client relationship is established by Your purchasing a License for Our Product or speaking with any of our employees or representatives. You agree, as a condition of this License, to seek Your own attorneys advice should You have any questions concerning the use of any of the Products or any modifications or customization of any of the Policies contained in Our Employee Handbooks and Forms. We cannot, and do not, act as Your attorney. You specifically indemnify and hold Us and our members, officers, consultants, authors, employees, agents and attorneys harmless from any and all liabilities, claims and damages, including reasonable attorneys fees, which arise or may arise by reason of Your selection and use of any of Our Products. TERM This License shall remain valid as long as You, the original Licensee, continue to use the Product with the initial Entity for whom the License was purchased and Your use does not violate any of the terms of this License Agreement. DISCLAIMER OF WARRANTIES / LIMIT OF LIABILITY / PRODUCT IMPROVEMENTS WITH THE EXCEPTION OF THE ABOVE LIMITED MONEY BACK GUARANTEE AND OUR RETURN POLICY, FINGERTIP ENTERPRISES LLC DOES NOT MAKE ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR CONDITION, PERFORMANCE, SUITABILITY OR DESIGN OR CONFORMITY WITH OR TO ANY LAW, RULE, REGULATION, AGREEMENT OR SPECIFICATION, OR OF INFRINGEMENT OF ANY PATENT, TRADE SECRET, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. ALL SOFTWARE, DOCUMENTATION, POLICIES, FORMS, AGREEMENTS, DATA AND CONTENT ARE SOLD AS IS AND WITHOUT ANY REPRESENTATION THAT OUR PRODUCTS WILL WORK ON ANY PARTICULAR COMPUTER, COMPUTER OPERATING SYSTEM OR PLATFORM EXCEPT AS SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT. FINGERTIP ENTERPRISES LLC SHALL HAVE NO LIABILITY TO ANY LICENSEE (OR ANY OTHER PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF LICENSEE OR ENTITY OR TO ANY OTHER PERSON OR ENTITY CLAIMING TO BE A THIRD PARTY BENEFICIARY, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF LICENSEE), NOR SHALL FINGERTIP ENTERPRISES LLC, ITS MEMBERS, AGENTS (INCLUDING ITS ATTORNEYS, AUTHORS AND CONSULTANTS) AND EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY LOSS, CLAIM OR DAMAGE OF ANY KIND CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY USE OF THE PRODUCTS, WHETHER KNOWN, UNKNOWN OR KNOWABLE, EVEN IF FINGERTIP ENTERPRISES LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, BY ANY INCIDENT WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THE MANNER AND USE OF THE PRODUCTS BY THE LICENSEE, WHETHER IN STRICT LIABILITY, CONTRACT, OR TORT, OR UNDER LAWS RELATING TO INTELLECTUAL PROPERTY RIGHTS OR UNFAIR COMPETITION. NO RIGHTS OR REMEDIES CONTAINED IN THE UNIFORM COMMERCIAL CODE ARE CONFERRED ON LICENSEE. THE MAXIMUM AMOUNT OF DAMAGES THAT MAY BE AWARDED AGAINST FINGERTIP ENTERPRISES LLC, ITS MEMBERS, AGENTS (INCLUDING ITS ATTORNEYS, AUTHORS AND CONSULTANTS) AND EMPLOYEES SHALL BE THE PRICE PAID BY LICENSEE FOR THE PRODUCT LICENSE AND THIS LIMITATION OF DAMAGES SHALL APPLY TO ALL CAUSES OF ACTION REGARDLESS OF HOW PLEAD, INCLUDING BUT NOT LIMITED TO, TORT, CONTRACT OR STRICT LIABILITY OR STATUTORILY OR UNDER THE COMMON LAW. FINGERTIP ENTERPRISES LLC IS CONSTANTLY IMPROVING ITS PRODUCTS. WE DISCLAIM ANY OBLIGATION TO AMEND OR REVISE ANY POLICY, AGREEMENT OR FORM WHICH IS PART OF A LICENSED PRODUCT, EXCEPT THAT WE WILL ISSUE SUCH UPDATED POLICIES AS WE DEEM APPROPRIATE IN OUR SOLE DISCRETION AS TO POLICIES TO BE UPDATED AND THE TIMING OF DELIVERY OF SUCH UPDATES TO CUSTOMERS WHO HAVE SUBSCRIBED TO OR ARE OTHERWISE ENTITLED TO RECEIVE POLICY UPDATES AS PART OF THE PRODUCT LICENSED TO SUCH CUSTOMER. OUR 100% QUALITY GUARANTEE AND 100% MONEY BACK GUARANTEE ARE YOUR SOLE REMEDIES FOR ANY CLAIM BY YOU UNDER OUR 100% QUALITY GUARANTEE OR THIS AGREEMENT. OUR 100% GUARANTEE IS GIVEN ONLY TO YOU THE ORIGINAL LICENSEE OF OUR PRODUCTS AND TO NO THIRD PARTY, INCLUDING YOUR EMPLOYEES. GOVERNING LAW You and Fingertip Enterprises LLC hereby agree that this Agreement will be governed exclusively by the laws of the State of Florida as applied by the courts (federal and state) of such state to commercial business contracts made and performed entirely within the State of Florida. The law applied shall be the law applicable to commercial, non-consumer transactions in which both the Licensor and Licensee are commercial, non-consumer, entities. No presumption concerning the drafting of this License Agreement shall be made against Us for any reason by any court determining a claim against Us. EXCLUSIVE JURISDICTION / VENUE / WAIVER OF TRIAL BY JURY YOU AND FINGERTIP ENTERPRISES LLC HEREBY CONSENT AND AGREE THAT THE CIRCUIT COURT OR COUNTY COURT HAVING JURISDICTION OVER PALM BEACH COUNTY, FLORIDA OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION, SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OVER ANY SUIT, ACTION, PROCEEDING OR CONTROVERSY ARISING UNDER, OUT OF OR RELATING TO THIS AGREEMENT AND OUR PRODUCTS AND SUCH COURT SHALL BE THE SOLE, EXCLUSIVE AND PROPER FORUM IN WHICH TO ADJUDICATE ANY SUCH SUIT, ACTION, PROCEEDING OR CONTROVERSY. THE PARTIES AGREE THAT SERVICE OF PROCESS MADE IN ACCORDANCE WITH THE LAW AND RULES APPLICABLE TO SUCH COURTS SHALL BE DEEMED PROPER AND EFFECTIVE. YOU AND FINGERTIP ENTERPRISES LLC AGREE TO, AND DO, HEREBY WAIVE TRIAL BY JURY. ATTORNEYS FEES In any suit, action, proceeding or controversy between Fingertip Enterprises LLC, its members, officers, agents, consultants, authors, employees and attorneys and You or anyone acting by or through You, You agree to pay to Us, Our members, officers, agents, consultants, authors, employees and attorneys Our and their reasonable attorneys fees and costs including out-of-pocket costs, at both the trial and appeal level. INDEMNITY Should Fingertip Enterprises LLC, its members, officers, agents, consultants, authors, employees and/or attorneys be exposed to any claims, damages, litigation or liability by use of Our Products by You or anyone acting by or through You including a breach by You of the terms of this License Agreement, You agree to indemnify and hold harmless Fingertip Enterprises LLC, its members, officers, agents, consultants, authors, employees and attorneys from any such claims, damages, litigation or iability, including reasonable attorneys fees. INVALIDITY If for any reason any provision of this License Agreement shall be deemed to be legally invalid or unenforceable in any jurisdiction to which it applies by a court of competent jurisdiction, the validity of the remainder of the License Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law, and, in its modified form, such provision shall then be enforceable and enforced. ENTIRE AGREEMENT / WAIVER This License Agreement constitutes the entire agreement between Us and You pertaining to the subject matter hereof, and supersedes and revokes any and all prior or existing agreements, written or oral, relating to the subject matter hereof, and this License Agreement shall be solely determinative of the subject matter hereof. This Agreement may be amended only by a written instrument executed by the party or parties to be bound thereby, with Fingertip Enterprises LLC acting only through its Managing Director pursuant to a written authorization of its Members. Fingertip Enterprises LLC shall not be deemed to waive any of its rights under this License greement except in writing, and then only through its Managing Director pursuant to a written authorization of its Members directing the Managing Director to waive a provision of this License Agreement. HEADINGS The captions and headings used in this License Agreement are for convenience only and do not in any way limit, amplify, or otherwise modify the provisions of this License Agreement. GENDER AND NUMBER Whenever appropriate, references in this License Agreement in any gender shall be construed to include all other genders, references in the singular shall be construed to include the plural, and references in the plural shall be construed to include the singular, unless the context clearly indicates to the contrary. The use of the words You, Your, Licensee, Our, Us and We shall include the agents and employees of each. ASSIGNMENT This Agreement is personal to Licensee and cannot be assigned by You. Any attempt to assign this License Agreement or any rights granted to You under this License Agreement by You is void and results in the immediate termination of this License. We may assign this License as We deem appropriate in Our sole discretion. * * * * *
