By purchasing access to The Legal Apothecary Library, or any single template within that library — all digital products (the “Library”) from Spear IP d/b/a The Legal Apothecary, an independent protected series of So Maria, LLC, a Series LLC (referred to as “TLA”) you agree to the following: 

1. NO Attorney-Client Relationship. Purchasing this digital product establishes a relationship between you and TLA and/or you and Maria Spear Ollis, Esq. only for the purpose of providing contract templates and answering questions regarding the use of the platform that houses those contract templates. These limited parameters apply unless you enter into a separate, signed Legal Services Agreement. You agree that the Library may not suit your particular legal needs.

2. Non-Exclusive. You acknowledge that other businesses in your field will have access to the resources inside the Library, and that TLA 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 Library are earned on receipt and will not be deposited into TLA’s client trust account, but will be deposited directly into TLA’s operating account.

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

IF YOU ARE PAYING IN INSTALLMENTS AND YOUR PAYMENT METHOD FAILS, YOU WILL BE GIVEN ONE OPPORTUNITY TO UPDATE YOUR PAYMENT METHOD. IF IT IS NOT UPDATED WITHIN THREE BUSINESS DAYS, YOUR ACESS TO THE LIBRARY WILL BE IMMEDIATELY REVOKED until or unless a valid payment method is restored and all prior balances are paid, if any.

4. Permitted Access to the Library; Ownership of the Content. All products located in the Library may only be used by the purchaser. The Library is solely for your own individual business and may not be otherwise sold, distributed, transmitted, redistributed, or used for any type of commercial gain without TLA’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 any materials located in the Library for resale or related commercial gain of any kind is strictly prohibited. TLA expressly reserves all rights to all contents of the Library including, but not limited to, worldwide, perpetual intellectual property rights.

If, in the future, TLA ceases to exist or moves to a different platform, you will have the opportunity to download your previously-sent contracts and any templates you wish to keep in your files.

5. Accuracy and State Laws. TLA makes best efforts to make sure the materials in the Library are accurate and up-to-date but cannot guarantee that all of the information in the Library is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to different interpretation, depending on the interpreting court. The contract templates contained in the Library were drafted for general use in the United States, but if you have questions about how any template in the Library will affect you, your business, or a contracting party, if your wishes do not seem to fit with a specific contract, 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.

TLA DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE LIBRARY (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 ANY LIBRARY DOCUMENT. 

ANY MODIFICATIONS YOU MAKE TO ANY DOCUMENT CONTAINED IN THE LIBRARY ARE AT YOUR SOLE RISK AND ARE YOUR SOLE RESPONSIBILITY.

THE LIBRARY AND THE ACCOMPANYING MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

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

7. Limitation of Liability. Your and TLA’s total compensation obligation under this contract (if a conflict arises) cannot exceed twenty-five percent of the amount you have paid in the last twelve months for access to the Library, and neither you nor TLA 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. Software. TLA uses third-party software to deliver the Library to you. That software may change, based on TLA’s judgment and discretion. You acknowledge that the main benefit of the Library is receipt of quality contract templates at a fraction of the price of a custom contract and not any particular third-party software feature.

9. Applicable Law. The Library is provided in the State of Tennessee. As such, by purchasing access to the Library, you agree that you are subject to the laws of the State of Tennessee. Any legal issues arising out of your use of the Library 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 Library, and you consent to personal jurisdiction and venue in that forum by purchasing access to the Library.