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Attorney Written Employee Handbooks & Forms...At Your FingerTip ®
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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 visited any of our websites and purchased a License for Our Products 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, if any.

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 888.396.2682 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 are downloaded in Word, Excel and PDF Format, depending on the form. 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 for details


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, Attorney Written Employee Handbooks…At Your FingerTip, Video Employee Handbook, Triangle of Liability, Our Expertise is Your Peace of Mind, Video Employee Handbook and We’ve Done All the Work So You Don’t Have To are Our trademarks. We claim all copyright and all other intellectual property rights to Our Products, exclusive of government works.

 60-DAY MONEY BACK GUARANTEE
                   AND
      QUALITY GUARANTEE

Employee Handbook

For your peace of mind, We offer both a Quality Guarantee and a 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. 

Our Quality Guarantee assures You that the policies in our Employee Handbooks comply with the federal law in effect on the date of your purchase and each state-specific policy complies with the applicable state law in effect on the date of your purchase, including any update we may send to you upon the entry of your order. 

Our Employee Handbooks failing to comply with the federal law for which the policy applies or a state policy not complying with the state laws on which the policies are based are returnable for a refund under Our Money Back Guarantee within 60 days of purchase in accordance with Our Return Policy described below.  You may request either a refund of the purchase price or a replacement of a policy or policies that do not meet Our Quality Guarantee.  

Our Money Back Guarantee is described in detail below under the section titled "Refund Policy."  Please read that section for more information and Our complete Refund Policy.
 
Limitation of Guarantees

The policies contained in each Employee Handbook have been researched and written by an Attorney.  As Customers have the ability to modify and customize each policy in Our Employee Manuals, 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 all of our Guarantees.

Update Service-Employee Handbook Policies

This Quality Guarantee also applies to Our Employee Handbook Update Service Subscription for Our Employee Handbooks. 

Forms

Our  Quality Guarantee assures You that each of Our Forms comply with federal law in effect on the date of Your purchase.

Compact Discs and Downloaded Products-Manufacturing Defects

Our 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 we will 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. 


REFUND POLICY
Employee Handbooks (except for Custom Employee Handbook Service)
 
Our Customers purchasing a Product License for any of Our Products by internet download enjoy immediate access to our Products including Our intellectual Property once a Download Code or Download ID is issued.  Customers purchasing Our Employee Handbooks enjoy a 60-day Money Back Guarantee  and our Quality Guarantee under this Refund Policy.  A compact disc ordered in conjunction with an internet download, HR Forms, Legal Forms and Our Business Manuals are final sale and non-refundable.  For customers ordering any of our Business Protection Packages (except Business Protection Packages which include one of Our Custom Employee Handbooks), we will refund the applicable retail price of the Employee Handbook plus any sales tax.

Custom Employee Handbook Service

Customers of Our Custom Employee Handbook Service enjoy our Quality Guarantee. We will replace  any policy which does not meet Our Quality Guarantee free of charge. Our Custom Employee Handbook Service is a Special Order Service delivering to Customers an employee handbook based on the answers by Customers to specific questions.  The answers to these questions select the employee handbook policies Customers receive.  Orders for Our Custom Employee Handbook Service are deemed Special Orders, are final sale, non-cancelable and are non-refundable. 

Refund Procedure for Employee Handbooks

Customers who receive Our Employee Handbooks delivered by Download from Our Secure Internet Website and desiring a refund under this Refund Policy must comply with the following procedures:

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) identifying the policy or policies that do not comply with the federal or state law applicable to that the policy. 

We will forward to you a Refund Policy Certification requiring you to certify in writing that you have deleted Our Employee Handbooks 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 Handbooks to your employees or anyone else, and that You will not prevent “cookies” from being downloaded to the Computer which received the Employee Manual download.  This certification must be returned to Us by Fax only and within 48-hours of Your receiving Our e-mail containing the Certification. In the event that we do not receive the Refund Certification within the above 48-hour regardless of cause including errors in facsimile machine transmission or receiving, no refund will be issued.  We suggest that Customers contact Customer Service to assure themselves that We did receive the Facsimile transmitted Refund Policy Certification within the 48-hour period.

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 Handbooks for the price of the Employee Handbooks within 5 business days after the proceeds from the original customer order is posted to Our banking account .  Please note that Our receipt of the Refund Policy Certification is entirely the Customer’s responsibility.

Unsuccessful Download

With respect to Products that do not download properly or a compact disc that cannot install or open files, We will authorize an immediate download to You at the e-mail address specified on Your order of a replacement download or, at Our option, send You either an e-mail or a compact disc containing the Licensed Product You ordered in lieu of a replacement download.  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 to you 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 call Us at 1.888.396.2682 or send us an e-mail at customerservice@fingertipmanuals.com.

Compact Disc ordered with Download

Physically delivered compact discs are non-refundable.

Business Manuals, Legal Forms and HR Forms

The purchase price of these manuals or forms is non-refundable.
   NO ATTORNEY REPRESENTATION / USE OF PRODUCT / OBLIGATION OF LICENSEE

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 attorney’s advice should You have any questions concerning the use of any of Our 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.

The final selection of which of our Policies or Forms You use is strictly Your sole decision, discretion and responsibility.

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 QUALITY GUARANTEE AND MONEY BACK GUARANTEE ARE YOUR SOLE REMEDIES FOR ANY CLAIM BY YOU UNDER OUR  QUALITY GUARANTEE OR THIS AGREEMENT. OUR  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, nonconsumer 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.
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.
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 liability, 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 Agreement 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.



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FingerTip Manuals®, FingerTip Law®, and At Your FingerTip® are registered Trademarks of FingerTip Enterprises, LLC.
Triangle of Liability, Attorney Written Employee Handbooks...At Your FingerTip, Your Own Human Resource Department...At Your FingerTip, 
 Our Expertise is Your Peace of Mind, and Video Employee Handbook are
Trademarks of FingerTip Enterprises, LLC.  Fortune 500 is a trademark of Time Inc.
FingerTip Enterprises, LLC does business as FingerTipManuals.com

9121 N. Military Trail | Suite 107 |  Palm Beach Gardens | Florida 33410 

All intellectual property is protected under the laws of the United States of America, Florida and other states.


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