These Terms and Conditions of Service (the "Agreement") are an agreement between Rockbridge Services, LLC ("Rockbridge" or "us" or "our") and you, the undersigned, ("User" or "Customer" or "Client" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Rockbridge (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement.

Additional Policies and Agreement Addendums
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to be bound to the terms of the following policies:

Acceptable Use Policy (Addendum A)
Copyright Infringement Policy (Addendum B)
Privacy Policy (Addendum C)
Hosting / Domain Name and Email Information (Addendum D)

BILLING / REFUND POLICY INFORMATION - I understand that after my consultation that if I decide to have Rockbridge build my site (or engage Rockbridge for any Custom Projects or IT Services) I will provide a non-refundable deposit of 50% of the associated work or project's total invoice. This deposit acts as my authorization for Rockbridge to start building my website / or providing project support and provisioning servers which will take place immediately once payment clears. The balance will be paid upon completion of the website or service quoted. No website or service will be started prior to receipt of this deposit. See our pricing page.

TERMS: I understand and agree that if I purchase an associated website support agreement associated with our my project, the duration of the agreement is a 1 year contractual term, renewable annually. I also understand that I may choose to be invoiced either monthly, quarterly or annual recurring basis for that 12 month term. I also understand and agree that all plans in effect are based on an annual pricing renewal (may be invoiced monthly, quarterly or annually) and the overall support program may only be canceled after one full 12 month payment cycle is completed. Prices are protected from increase for a maximum of 3 years for as long as I remain a Rockbridge Services, LLC customer without interruption.

WEBSITE SERVER HOSTING: (REQUIREMENTS): Website server hosting services are required for any website. It must already exist PRIOR to the start of any website development. It is purchased by an authorized Website Hosting Provider and is required prior to commencing work. Invoicing for hosting occurs between customer and the hosting company directly. Rockbridge no longer offers direct hosting services as of Oct 1st 2020.) Please review hosting requirements with us in advance for additional options as some hosting services do not support WordPress or PHP5 / SQL Database software which is a technical requirement for all our state of the art websites. CURRENT RECOMMENDATIONS FOR HOSTING COMPANIES WE SUPPORT ARE AVAILABLE AT: WEBSITE HOSTING / DOMAIN NAME REGISTRATION

IMPORTANT! You agree to provide Rockbridge with the username and password of your Website Hosting Service and Domain Name registra in order that we may configure and install your website on your hosting server after we design it for you. You are free to change passwords after installation. Hosting and Domain Name registration guidace can be found at the link in Addendun D. If you purchase an ongoing support agreement from us after we install your website, we will require this same access to support you in the event you don't have knowlege of website server configurations, updates or on technical conversations with your hosting company. These services are NOT part of your website design but are covered under a Website Support Agreement from Rockbridge after installation if you choose to purchase one. Support may also be purchased on a time and material basis after your website is designed and installed.

I HAVE READ AND AGREE TO THE INFORMATION ON HOSTING / DOMAIN NAME REGISTRATION / EMAIL REQUIREMENTS

IMAGES AND CONTENT: I understand and agree that I, the CUSTOMER, am fully responsible for providing to Rockbridge Services all specific website content including website specific images such as headers, logos, banners as well as text content for all pages for insertion within the website being constructed for me, the customer. Rockbridge agrees to assist customer in finding sources of public domain images for use if the customer has no images of their own to use for their website. Rockbridge also agrees to assist in limited header design. However this service is limited to editing images that either the client provides Rockbridge in advance of the project or the client locates and selects from public domain sources during the project. (See Graphics Design Resources below). Rockbridge will also instruct the customer on how to create and edit text as part of the two hour training included in all our website design packages and projects. The use of MS WORD or SIMPLE EMAIL TEXT is preferred for providing us text content for use on pages articles. Customer is responsible as well for the creation of any "articles or blog posts". Rockbridge agrees to guide customer in their image selection process however Rockbridge itself cannot and will not be responsible for creating or editing any image or text unless it is first selected, pre-approved, and provided by the customer. Rockbridge reserves the right not publish any image, article or text it deems as objectionable or illegal. See custom image restrictions below are to protect both the client and Rockbridge.

CUSTOM HEADER IMAGES, LOGOs and CUSTOM GRAPHIC IMAGE DESIGN / COPYRIGHT INFRINGEMENT: I understand and agree that graphics design for new custom logos, headers or content images must either be provided to Rockbridge from either, me the customer, a graphics designer retained by me the customer, or modified from Rockbridge's existing image design set located within the image directory of our design theme file set. Rockbridge will be free to manipulate any of these existing images however limited only to resizing, cropping, adding textual overlay. A maximum of two draft proofs will be provided to the customer. Additional advanced customer graphics design work, photography, "photo-shopping enhancements" are NOT covered under this website design agreement. Specialized custom graphics design, if required or requested of Rockbridge must be quoted separately.

COPYRIGHT INFRINGEMENT DISCLOSURE: The customer bears full responsibility for any image or text the customer provides to Rockbridge for insertion into their website with respect to copyright infringement. Rockbridge will do its best to counsel client on potential copyright restrictions where we feel there may be a potential conflict, however customer agrees and understands that Rockbridge itself does not provide any legal service with respect to copyright law, and as such assumes no responsibility, warranty or liability for any copyright violation. Rockbridge reserves the right to refuse to use any questionable image or text in this regard. If in doubt, we can refer you to a copyright attorney.

STANDARD GRAPHICS DESIGN RESOURCES: Rockbridge Services does provide basic, limited existing customer image modifications (limited only to resizing, cropping, and the addition of NEW text to an existing image). Images provided to Rockbridge must be in .jpg .png and .gif format and either 1.) owned by the customer, 2.) owned by Rockbridge existing inside the customer selected design theme's image directory or 3.) the image currently exists within the public domain (i.e. non copyrighted images found on Google Images website) and is selected by the customer for use in their website. We are not a graphics design company and do not specializing in new logo or custom banner / header design however we can make some modifications for you as part of development at no additional charge to an existing image you select in the public domain or provide to us which you created or own. Be sure to discuss this with us prior to contracting with us to determine if your needs require an advanced graphic designer. Customers are responsible for providing all images and text content to Rockbridge to add to their website aside from the stock images in the custom themes owned by Rockbridge and our authorized reseller partners.

CUSTOM GRAPHICS DESIGN SERVICES: The CUSTOMER may, in some circumstances desire to retain us at an additional cost for more extensive customized image development for such items as: newly designed logos, headers, digital photography etc. Rockbridge may in such cases quote NEW DESIGN work and subcontract such work, or portions of work, or recommend an advanced graphic designer of our choosing depending on complexity requested. In all such cases Rockbridge will provide a separate estimate for any specialized custom image design and it must be approved and accepted by the customer prior to the start of the project. In all cases such custom design work, if requested directly of Rockbridge, is limited to three (3) initial design proofs after which Rockbridge must be compensated at prevailing time and materials labor rates for additional graphics design work. Rockbridge also reserves the right to reject any CUSTOM graphic image design project beyond that of simple image editing, cropping, resizing, text removal and new text overlay editing assuming the image permits it. "Photo-shopping" images is NOT included in any website design package or service we provide directly.

GRAPHIC DESIGNER LOCATION ASSISTANCE: Rockbridge will, upon request, provide customers various on-line sources for images and business referral contacts for any advanced custom graphic design services, digital photography, photo-shopping, and video production needs. These services are not services which Rockbridge provides directly to the customer but their content may be embedded if it is part of the website design specifications purchased ( i.e. embedded video capability). In all cases, Rockbridge cannot and will not be responsible for subcontracting any creation of images, photos or video without the prior consent and approval of the customer. An estimate for any such additional subcontracted work will be provided to the customer from Rockbridge in advance of starting any graphics design sub-project. We encourage customers to work with these professionals directly. Any such subcontracting will be at additional customer expense.

DOMAIN NAMES / WEBSITE HOSTING / EMAIL: I understand that I must purchase a Domain Name, Website Hosting (with or without Email services) PRIOR to website design from a reliable Hosting vendor. These servers are REQUIRED for any website from any designer. Rockbridge can help you in choosing a reliable hosting service.

BROWSER TESTING – Rockbridge will test the website in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

MOBILE BROWSER TESTING – Rockbridge will test the responsive design/layout for mobile browser functionality. Testing using popular smaller screen devices is essential in ensuring that a person’s experience of the design is appropriate to the capabilities of the device they’re using. We test our designs in:
iOS: Safari, Google Chrome
Android: Google Chrome on Android Emulator

INTELLECTUAL PROPERTY - Customer will own all intellectual property rights of text, images, site specification and data you provided unless someone else owns them. Rockbridge will provide the source files, finished files, theme and plug-in licensing details. Rockbridge will own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitute a complete design, and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

LIMITED REFUND POLICY:
I understand and agree that all websites and custom projects require a set up and design fee with a limited 30 day refund. (See Refunds: Set Up Fees below.) I also understand and agree that a Non-refundable Deposit equal to at least 50% of the Total Invoice of the website or project will be required before Rockbridge can provision server hosting, domain name setup and / or start work on the design of my website. Note: Our "Website Creator Series" does NOT require setup fees as they are complete Do-It-Yourself (D-I-Y) websites using only simple standard templates.

REFUNDS: WEBSITE DESIGN / INSTALLATION / PROJECT FEES
I understand and agree that if I should change my mind or decide to cancel my purchase for any reason after providing Rockbridge the go ahead to build my website, as indicated by the issuance of my deposit, it must be done so in writing. All projects are subject to a 50% non-refundable deposit of the total project cost. This limited refund policy is required to cover the design, web server programming, provisioning, labor and setup costs which Rockbridge incurs after I have given Rockbridge approval to go ahead and provision servers, designers and any specialty contractors to build my website upon the receipt of my deposit.

REFUNDS: MONTHLY / ANNUAL SUPPORT AGREEMENT BILLING
I understand and agree that RECURRING monthly website support payments can only be canceled by me in writing. I may only cancel after my first initial 12 months has elapsed. Server hosting, domain names, support and set up fees are not the responsibility of Rockbridge. All ongoing support plans are based on Annual Renewal terms (although we can invoice monthly if you prefer). All monthly and annual recurring billing is for a 12 month minimum commitment regardless of my payment plan. Rockbridge will include price protection for 3 years on all my Monthly and Annual Support Plans.

In summary, I understand that Monthly, Quarterly or Annual Support Plan renewals can be canceled only in writing and only after the first 12 months of service have elapsed and payment for a full year has been rendered. No retroactive refunds are permitted for hosting and support plans.

IMPORTANT: POST DESIGN WEBSITE SUPPORT SERVICES WITHOUT A ROCKBRIDGE SUPPORT SERVICE AGREEMENT: I understand that I either have, or am required, to purchase server hosting services supporting WordPress from a thrid party in order to host the website designed by Rockbridge. These services must be purchased separately from a website hosting company that fully supports the WordPress Content Management Software. Our current Time and Material Rates will apply for any requested custom work, or support with your host if you are not knowlegable in website service after installation of your new website. You may request us to assist you after you sign off on the initial website installation. ALL POST DESIGN AND INSTALLATION SUPPORT WILL BE AT THE PREVAILING TIME AND MATERIAL RATES. (See pricing for Time and Material rates as well as stand alone Website Support and Service Plans. )

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Limitation of Liability
IN NO EVENT WILL Rockbridge ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Rockbridge IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Rockbridge'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Rockbridge FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification
You agree to indemnify, defend and hold harmless Rockbridge, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Dispute Resolution: Binding Arbitration
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Rockbridge and will be held at the AAA location chosen by Rockbridge in New Jersey. Payment of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this paragraph. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and Rockbridge alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Rockbridge in violation of this paragraph, you agree to pay Rockbridge's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.

Independent Contractor
Rockbridge and User are independent contractors and nothing contained in this Agreement places Rockbridge and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of New Jersey. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Disclaimer
Rockbridge shall not be responsible for any damages your business may suffer. Rockbridge makes no warranties of any kind, expressed or implied for the Services. Rockbridge disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Rockbridge or our employees.

Backups and Data Loss
It is your responsibility to purchase back up services from your website hosting service. Database backups should be set to run daily. We can recommend various back up services to you.

Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ROCKBRDIGE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. Rockbridge AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. ROCKBRIDGE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement
Rockbridge may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Headings.
The headings herein are for convenience only and are not part of this Agreement.

Changes to the Agreement or the Services
Rockbridge may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Rockbridge website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification. Rockbridge reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Severability
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver
No failure or delay by you or Rockbridge to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Rockbridge. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Rockbridge may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

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TERMS ACCEPTANCE - ELECTRONIC SIGNATURE:
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THIS AGREEMENT entered into between Rockbridge Services, LLC, a New Jersey Limited Liability Company, having its principal place of business at 7 Peter Rafferty Dr. Hamilton, New Jersey 08690 and "Customer" having its principal place of business indicated below.

By purchasing any product or service on this website I have agreed to the above Terms, Conditions and referenced Addendums:

Acceptable Use Policy (Addendum A)

Hosting / Domain Name and Email Information (Addendum D)

My electronic acceptance below acts as my formal approval to the above agreement. We maintain a database of all accepted terms for your protection in the event of a dispute by either party.

If you have questions or concerns about our Terms and Conditions please contact Rockbridge Designs on our Contact Us Page. We are always happy to answer any questions.

CUSTOMER'S TERMS ACCEPTANCE - SIGNATURE:
I have read, understand and agree to the Terms and Conditions in its entirety as stated above.

Signature: ___(Enter Electronic Signature Below)_____________________

Date: ________(Enter Date Below)__________________________________

Legal Address: ________(Enter Address Below)__________________________________

Rockbridge Services, LLC

d/b/a Rockbridge Designs