These Terms and Conditions govern the purchase and use of the Hawai‘i TERN Templates (the “Templates”). By purchasing or accessing the Templates, you (“Purchaser”) agree to be bound by these Terms.
Product Description
The Hawai‘i TERN Templates are digital, pre-built templates designed exclusively for use within the TERN CRM. Templates may include resort information, beaches, activities, restaurants, luaus, and general island information depending on the package purchased. The Templates are delivered digitally and are not physical products.
Delivery and Access
Delivery of the Templates is deemed complete once access instructions or access within the TERN CRM are provided. Purchaser acknowledges that delivery occurs electronically and waives any claim of non-delivery once access is granted.
Eligibility and Requirements
An active TERN CRM account is required to use the Templates. Purchaser is solely responsible for maintaining their own access to TERN. No refunds or accommodations will be provided due to lack of a TERN account or inability to use the TERN CRM.
License Grant
Upon purchase, Purchaser is granted a limited, non-transferable, non-exclusive, single-user license to use the Templates solely for creating proposals, itineraries, and recommendations for Purchaser’s own travel clients.
This license is granted to one (1) individual travel advisor only. The license granted may not be assigned, transferred, or shared under any circumstances.
Right to Refuse Service
Seller reserves the right to refuse or terminate access to the Templates at their discretion if misuse or abuse is suspected.
Account Security
Purchaser is responsible for maintaining the security of their TERN account and any credentials used to access the Templates. Seller is not responsible for unauthorized access resulting from Purchaser’s failure to safeguard login information.
Prohibited Use
Purchaser may not share, copy, distribute, resell, sublicense, upload, transfer, or otherwise make the Templates or any portion of the Templates available to any third party. This includes but is not limited to sharing login credentials, duplicating content for other advisors, uploading Templates to shared TERN libraries, or distributing content outside of Purchaser’s own client-facing materials.
Use of the Templates for training other advisors, internal agency libraries, or multi-advisor access is strictly prohibited unless expressly authorized in writing.
Enforcement and Termination
Any unauthorized use, sharing, or violation of these Terms will result in immediate termination of access without refund. Termination may occur without prior notice.
Seller reserves the right to revoke access permanently and implement technical or administrative safeguards to prevent continued use. Seller may also pursue takedown actions or other remedies including legal action where appropriate.
No Refund Policy
All sales are final. Due to the digital nature of the Templates and immediate access provided, no refunds, exchanges, or chargeback approvals will be granted for any reason, including but not limited to dissatisfaction, lack of use, misunderstanding of product scope, or termination for violation of these Terms.
Chargebacks and Disputes
Purchaser agrees not to initiate chargebacks or payment disputes for purchases governed by these Terms. In the event of a chargeback, Seller reserves the right to submit evidence of delivery, access, and acceptance of these Terms to the payment processor.
Updates and Modifications
Purchase grants access to the Templates as they exist at the time of purchase. Ongoing updates, additions, or future versions are not provided unless explicitly stated. Seller reserves the right to modify, update, or discontinue the Templates at any time.
Modification of Terms
Seller reserves the right to update or modify these Terms at any time. Continued use of the Templates after changes constitutes acceptance of the revised Terms.
Intellectual Property
All Templates, content, structure, formatting, and materials are protected by copyright and other intellectual property laws. Ownership remains with the creators and licensors. Purchase does not grant ownership or authorship rights.
Accuracy Disclaimer
The Templates are intended as professional reference tools. While care has been taken to ensure accuracy, Seller does not guarantee that all information will remain current. Purchaser is responsible for verifying details prior to client use.
No Guarantees or Results
Seller does not guarantee any specific results, outcomes, income, efficiency, or business performance from use of the Templates. Purchaser acknowledges that results vary based on individual business practices and that no promises or guarantees have been made regarding success or outcomes.
Limitation of Liability
Seller shall not be liable for any indirect, incidental, consequential, or special damages arising out of or related to use of the Templates. Seller’s total liability shall not exceed the amount paid by Purchaser for the Templates.
Indemnification
Purchaser agrees to indemnify and hold harmless Seller from any claims, losses, damages, or expenses arising from Purchaser’s misuse of the Templates, violation of these Terms, or interactions with clients based on Template content.
Third-Party Platform Disclaimer
Seller is not responsible for outages, changes, limitations, or policies of the TERN CRM platform.
Survival
Sections relating to license restrictions, prohibited use, intellectual property, enforcement, limitation of liability, indemnification, governing law, and dispute resolution shall survive termination of access or use of the Templates.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes shall be resolved exclusively in the state or federal courts located in Pasco County, Florida.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver
Failure by Seller to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.
Force Majeure
Seller shall not be liable for failure or delay in delivery due to events beyond reasonable control, including but not limited to acts of God, system outages, or third-party service disruptions.
Entire Agreement
These Terms constitute the entire agreement between Purchaser and Seller regarding the Templates and supersede any prior communications or representations.
Electronic Acceptance
By completing purchase and accessing the Templates, Purchaser acknowledges and agrees