Gator Health and Fitness.com

1.             David Sprague will maintain the confidentiality of Client’s source materials, technical and marketing plans and all other sensitive information.

2.              David Sprague and Client agree that any dispute arising out of this Agreement shall first be resolved by mediation, if possible.  This contract was entered into in Concordia, KS  and any necessary arbitration or litigation will take place in this county.

3.              Copyright to web documents produced by David Sprague for Client, including page designs, their source code, and the unique assembly of these elements which constitutes a web site, shall be retained by David Sprague. David Sprague agrees not to use these page designs, or significant recognizable portions of them, as part of any other published work. Upon full payment of all invoices due, Client is fully licensed to use and freely reproduce these products for his own purposes; however, this license may not be re-sold or transferred to any third party. Secondary materials created by David Sprague during production, including drafts, plans, graphic source files, and templates, remain the sole property of David Sprague.

4.              Client is solely responsible for the editorial content of the material included on its website. Accordingly, Client agrees that it will defend and indemnify (hold harmless) David Sprague from any suit, demand, or claim resulting from the editorial content of the website.

5.              Client represents to David Sprague and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to David Sprague for inclusion in Client’s web site are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend David Sprague and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

6.              David Sprague will use Clients current web hosting plan with David Sprague to complete Work. However, David Sprague makes no guarantees as to minimum “uptime”, nor shall David Sprague be held responsible for any direct, indirect, special or consequential damages resulting from possible lapses in hosting services. Such possible damages include any lost profits or business interruption or loss of digital data.

7.              David Sprague will not be liable to Client or to any third party for any damages arising from the use of web site.

8.              If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

9.                  The package covers only that which is described in the Package Description. Additional work will result in additional charges. Additional work is defined as the addition of pages, graphics, or other significant features, any graphic, page design, or actual page requiring more than two rounds of revisions, revisions to text content provided ready for publication, changes to elements which have been finalized, or significant changes in plan, scope, or direction of project. In this case, Client will be provided with a written CHANGE ORDER including an estimate for the additional work.

By placing your order online with our site, you agree to these terms and conditions.

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