By purchasing access to Data Entry for Bonterra CRM Contact Records Policy & Procedure Template from Nonprofit Software Specialists, LLC (referred to as “NPSS”) you agree to the following:

1. NO Consultant-Client Relationship. Purchasing this digital product does not establish a consultant-client relationship between you and NPSS and/or you and Felicia Terry only for the purpose of providing a template for data entry for Bonterra CRM contact records. This representation parameters apply unless you enter into a separate, signed Legal Services Agreement. You agree that the Template may not suit your particular organization’s needs.

2. Non-Exclusive.You acknowledge that other organizations in your field will have access to the Template, and that NPSS may take on clients that have businesses that are competitive with yours which will not, by itself, cause a conflict of interest.

3. Payment and Refund Terms.All monies paid in exchange for the Template are earned on receipt and will not be deposited into NPSS’s client trust account, but will be deposited directly into NPSS’s operating account.

Due to the digital nature of the Template, all purchases and are non-refundable.

4. Permitted Access to the Template; Ownership of the Content. The Template may only be used by the organization or employer of the purchaser. The Template is solely for your organization and may not be otherwise sold, distributed, transmitted, redistributed, or used for any type of commercial gain without NPSS’s express consent, in writing (with the exception of distribution with the purpose of entering into a contract or establishing your legal policies). Any sale, distribution or transmission of the Template for resale or related commercial gain of any kind is strictly prohibited. NPSS expressly reserves all rights to Template including, but not limited to, worldwide, perpetual intellectual property rights.

5. Accuracy and State Laws. NPSS makes best efforts to make sure the Template is accurate and up-to-date but cannot guarantee that all of the information in the Template is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to different interpretation, depending on the interpreting court. The Template was drafted for general use in the United States, but if you have questions about how the Template will affect your organization or a contracting party, if your wishes do not seem to fit the Template, or if you have questions regarding your particular state’s laws, you should engage an attorney for a brief consultation to address your specific needs.

6. DISCLAIMERS.

NPSS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE TEMPLATE (this is a technical legal thing from the Uniform Commercial Code that sometimes applies to downloadable products). THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS ALSO INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE TEMPLATE.

ANY MODIFICATIONS YOU MAKE TO THE TEMPLATE ARE AT YOUR SOLE RISK AND ARE YOUR SOLE RESPONSIBILITY.

THE TEMPLATE IS AN "AS IS" AND "AS AVAILABLE" BASIS.

NPSS MAKES NO GUARANTEES THAT AVAILABILITY OF THE TEMPLATE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE TEMPLATE TEMPLATE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE TEMPLATE WILL BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS, THAT THE QUALITY OF THE TEMPLATE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE OR SERVER THAT MAKES THE TEMPLATE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability. Your and NPSS’s total compensation obligation under this contract (if a conflict arises) cannot exceed twenty-five percent of the amount you paid, and neither you nor NPSS will have any compensation, contribution or other obligation for consequential, punitive, incidental, indirect or exemplary losses (including, but not limited to, attorneys’ fees, profit or revenue loss, capital costs, replacement costs and increased operating costs).

8. Applicable Law. The Template is provided in the State of Tennessee. As such, by purchasing access to the Template, you agree that you are subject to the laws of the State of Tennessee. Any legal issues arising out of your use of the Template will be interpreted according to the laws of the State of Tennessee applicable to contracts entered into and wholly performed within Tennessee. The state and federal courts of Nashville, Davidson County, Tennessee will be the exclusive forum and venue to resolve disputes arising out of or relating to the Template, and you consent to personal jurisdiction and venue in that forum by purchasing access to the Template.