(a) Designer does not warrant that functions in these Web pages or Web site will meet Client's requirements or that operation of Web pages will be uninterrupted or error-free. Entire risk as to quality and performance of Web pages and Web site is with Client. In no event will Designer (SBD) be liable to Client or any third-party for any damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of operation of or inability to operate these Web pages or Web site, even if Designer has been advised of the possibility of such damages.
(b) Designer's total liability for damages, costs and expenses, regardless of cause, shall not exceed total amount of fees paid by client under this agreement.

(c) Designer shall not be liable for any claim or demand made against Client by any third-party.

(d) Client shall indemnify Designer against all claims, liabilities, and costs, including reasonable attorney fees, of defending any third-party claim or suit arising out of use of Designer content. Designer shall promptly notify Client in writing of any third-party claim or suit and Client shall have the right to fully control defense and settlement of such claim or suit.

(e) Designer (SBD) is not responsible for any content that is contained on the Client's website before or after installation of design.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SBD, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

PRIVACY POLICY
Click here to access SBD's Privacy Policy governing the use of information that SBD obtains from you through your use of this Web site.

LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

TERM AND TERMINATION
Without limiting its other remedies, SBD may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion.

HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site links to Web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by SBD. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by SBD. SBD does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by SBD. Links do not imply that SBD or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of SBD or any of its affiliates or subsidiaries. Except for links to information authored by SBD, SBD is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. SBD reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.

CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. SBD makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within LivingstonCounty, Michigan for any disputes with SBD arising out of your use of this site.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between SBD and you with respect to this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SBD with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. SBD does not and will not assume any obligation to notify you of changes to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from SBD solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

PAYMENT TERMS
Check out securely with your Credit Card or Paypal (we do not accept e-checks).

Payment For SBD's web site products, templates, banners, etc. are due in full before any project is started or order can be delivered. No design will be implemented unless payment is received in full. For custom projects under $300, entire payment is due up front, unless prior arrangements have been made. 

TIMELY PAYMENT OF FEES
Delinquent bills will be assessed a $15 late charge if payment is not received within ten (10) calendar days of due date. If an amount remains delinquent thirty (30) calendar days after the due date, an additional five percent (5%) penalty will be added for each month of delinquency. If collection proves necessary, Client agrees to pay all fees incurred by that process.

CUSTOM DESIGN WAITING LIST
Occasionally SBD has a waiting list for Custom Designs. When there is a waiting list, to retain SBD's services, SBD requires a $50.00 fee that will be applied to design costs.

CUSTOM DESIGN REVISIONS
SBD allows 3 revisions to be done that are included in the quote price, if the Client requires more revisions additional charges may apply and the rate is decided by SBD at $20.00 per revision. You are responsible for reviewing your final draft and signing off that it is ready to be installed.

QUOTES FOR CUSTOM WEB DESIGN
Quotes are valid for the initial agreement, any changes or add ons may require additional fees. Quotes for custom web design are only valid for 14 days from receipt of quote.

PREMADE DESIGNS
Installation is done in store administration of Compatible Hosts/Shopping Carts and only installation of purchased design is included in purchase price. No other setups are included.  SBD is not responsible for the functionality of the the template purchased if it is used with a hosting company other than our Compatible Hosts/Shopping Carts.  For installation with Compatible Hosts/Shopping Carts, the Client must provide SBD with storeadmin password for installation (password asscociated with www*yoursitename*com/storeadmin) as well as cpanel username and password. SBD willl notify client upon completion of installation. Project is considered complete when uploaded and installed by SBD. Any changes to graphics or headers by the Client once installation is complete are subject to additional fees at a rate determined by SBD.

CANCELLATION
SBD does not give refunds, All Sales are Final. SBD reserves the right to refuse or cancel any project, at anytime, without giving reason.
Once work has begun on your site, a lot of planning and hours have already been put into the creation and development. If for any reason the Client decides to terminate this agreement, written notice must be given either through electronic or postal mail. The Clients project will suspend at such time and no remaining balance will be due on design work. There will be no refund for any past balance paid before the termination notification was received.

*Refunds may be given if the work is terminated by SBD and SBD reserves this right of termination at any instance.

DEADLINES AND DELIVERY DATES
When there is a high demand for SBD's products and services, the client will be placed on a waiting list on a first come first serve basis.

(a) Delays. SBD shall use commercially reasonable efforts to meet all project schedules and requested approximate delivery time frames agreed on for custom designs. Such scheduled dates and delivery time frames in all cases represent estimates or targets only, and should never be accepted either explicitly or implied as a guarantee of delivery on or prior to the above-mentioned dates. The client agrees not to hold SBD liable for any consequential losses associated with project delays, for any reason.

*Please note that delays on the client's behalf will set the project time frame back by the same amount of time. Significant delays may cause the project to be put on hold if other projects are waiting.

MAINTENANCE
At SBD's sole discretion, SBD will provide the client with reasonable ongoing maintenance on above-mentioned web site project for an hourly fee of $40 per hour not to be prorated.  Maintenance is only available for completed web sites hosted with SBD's Compatible Hosts/Shopping Carts or shopping cart installed by SBD.

DISPUTE RESOLUTION
In the event of a dispute, the client agrees to make all reasonable attempts to contact SBD in writing and negotiate a reasonable outcome with SBD before proceeding with any form of litigation.

CHARGEBACKS
If the Client attempts a chargeback after installation, the Client's Web Site WILL be taken down.  Any use of graphics, illustrations and templates by the client after a chargeback WILL result in legal action.

COPYRIGHT TO WEB PAGES
By law, under the Federal Copyright Act of 1976, as amended, copyright to finished Web pages produced by Designer(SBD) is owned by Designer (SBD).

On final payment under the terms of this Agreement, Client is assigned rights to display as a Web site design, graphics, and text contained in the finished assembled Web site. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to Client, and remain property of SBD. 

SBD retains the right to display graphics and other Web design elements as work examples in their respective portfolios. SBD grants the Client the right to DISPLAY SBD's designs/code only. Client agrees inclusion of a copyright notice on the Site in Client's name, (e.g., © 2007 Client) does not affect any rights or provisions of this paragraph and that said notice applies only to Client Content and not to Designer Content.

Other provisions

• When you make a purchase, you are agreeing to display our work ONLY and all credit links must stay in tact.
• You may not alter any graphics or code in any way.
• You may not change, alter, re-size, recolor or use portions of the design (template) sold. It must be displayed exactly as sold to you.
• You may not resell, duplicate, disassemble and claim any of SBD's designs or code as your own.
• You may not resell, duplicate, change disassemble any graphics used in SBD's design and claim them as their own.
• You may not use your purchased design for anything other than it's intended purpose (ex. using a premade e-commerce template design for a blog or auction template)
• You may not print any graphics or designs unless a template has been purchased for that specific reason. There are no exceptions.

 *The Client is purchasing the right to display our design, a link back to SBD must stay in tact.

CLIENT SUPPLIED CONTENT
With the Client supplying text, images and other data to SBD for inclusion in the client's web site or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Copyright on all designs and code remains the property of SBD or its otherwise respective owners. Any discarded concepts and ideas remain the property of SBD and must not be used by the client under any circumstances unless purchased separately. SBD may use all design material freely in the pursuit of promotional purposes. Should SBD, or the client supply an image, text, audio clip or any other file for use in a web site, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright- and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow SBD to remove and/or replace the file on the site. The client agrees to fully indemnify and hold SBD free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

SBD will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. SBD also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that SBSD does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow SBD to remove the contravention without hindrance, or penalty. SBD is to be held in no way responsible for any such data being included.

LAWS AFFECTING ELCTRONIC COMMERCE
Governments may enact laws and levy taxes and tariffs affecting internet electronic commerce. Client agrees to be solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend SBD from any claim, suit, penalty, tax or tariff arising from Client's exercise of Internet electronic commerce.

SBD is not responsible for any changes that are made by a client or third party to any templates or custom designs. Any repairs to any designs are charged at $40.00 per hour.