SURE EXPOSURE, Inc. offers access to this site (www.sureexposure.com) free of charge to provide information about SURE EXPOSURE, its capabilities and the work it has done for its clients over the years. We welcome visitors to the site but also want to make it clear what rules apply to your use of our site. The sole authorized use of this site is to obtain information about SURE EXPOSURE; no other use is permitted.
SURE EXPOSURE owns the copyright in the compilation of all materials on this site. All rights reserved. No materials on this site may be reproduced, altered or further distributed without SURE EXPOSURE prior written permission.
All trade names, trademarks, service marks, logos and trade styles on this site are owned by SURE EXPOSURE or its clients. Proper use is limited to use in connection with the products and services of the mark owner, and no other use is permitted without the owner’s prior written permission. The following marks are owned by SURE EXPOSURE: SURE EXPOSURE, Inc., SURE EXPOSURE, SE, the SURE EXPOSURE logo, and Strategic Web Design.
If you visit our site to read or download information on our pages, we collect and store only the following information about you:
- The name of the domain from which you access the Internet
- The date and time you access our site
- The Internet address of the website you used to link directly to our site.
SURE EXPOSURE uses an SHA-2 and 2048-bit encryption for your protection.
If you identify yourself by sending us an e-mail containing personal information, then the information collected will be used to respond to your message and to keep you up to date about future company related news.
The information collected is for statistical purposes. SURE EXPOSURE, Inc. may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
If you believe that any material on this site, whether posted by third parties or by us, violates the copyrights or other rights of third parties, please contact us with complete details at email@example.com so that we can make an informed decision about possible deletion.
For site security purposes and to ensure that this service remains available to all users, SURE EXPOSURE, Inc. uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
SURE EXPOSURE policy is not to accept or consider any unsolicited ideas or materials of any kind. Do NOT submit any such materials at any time. If you violate this, we reserve the right to consider all materials submitted as non-confidential and free of any claims of proprietary or personal rights. Such material and all rights will be our property, free and clear of any claims by you or others, and we will be able to use them for any purpose, including advertising and promotion, without compensation or any other obligations to anyone, including you.
SURE EXPOSURE, Inc. will not obtain personally-identifying information about you when you visit our site unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
This site is offered AS IS and without warranties of any kind. SURE EXPOSURE disclaims the implied warranties of merchantability and fitness for a particular purpose as well as title or non-infringement. We are not responsible for timeliness, accuracy, unavailability or interruptions in availability, viruses or other defects in the site or its contents. In no event shall SURE EXPOSURE be responsible for any damages to users or their computer systems or otherwise, even if SURE EXPOSURE has been informed of the possibility of such damages and without regard to negligence.
SURE EXPOSURE is headquarters are in the State of California. This site, as well as these rules, are subject to the laws of the State of California and the United States, regardless of the location of the user, and any claims of any kind related to it must be filed in the courts located in the Santa Clara County and the State of California.
Use of this site is subject to these rules and all of the preceding terms and conditions which you as user accept by contacting and using this site and which govern all use and all results thereof.
SURE EXPOSURE reserves the right to revise and update these rules at any time, effective on the date of posting to the site of the new and amended rules.
Web Design Guarantee
SURE EXPOSURE will create a custom model of your web design in a ‘Photoshop’ format, and present it to you at no cost or obligation. If you agree to purchase the web design and site development, SURE EXPOSURE will present a contract outlining the project in its entirety. To exercise the ‘no cost or obligation’ clause, the customer must put their request to cancel in writing before the development phase or the start date. ‘Development’ means any computer language used to build the web project in its entirety. You can email the request to cancel to firstname.lastname@example.org or mailed by United States Postal Service (USPS) to 900 E. Hamilton, Suite 100, Campbell, California, 95008 – United States. If you use the USPS or another courier to deliver written cancellation request, you are responsible for making sure your cancellation arrives at the above location before the agreed upon start date. You will be responsible for the terms and agreement of the contract after the development start date.
This Maintenance Agreement (“Agreement”) is hereby entered into between you, your employees, and agents (collectively “Customer”) and applies to the purchase of all Monthly Website Maintenance Services (hereinafter collectively referred to as “Maintenance Services”) ordered by Customer.
Term and Termination – This Agreement shall be effective as of the time frame Customer signs up for Maintenance Services. This Agreement may be terminated by either party upon written notice to the other if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Sure Exposure (i) immediately if Customer fails to pay any fees hereunder; or (ii) if Customer fails to cooperate with Sure Exposure or hinders Sure Exposure’s ability to perform the Maintenance Services hereunder.
Maintenance Services – Sure Exposure agrees to provide Customer with Maintenance Services as described in this Agreement. Maintenance Services include:
- Updates to text, images, and other minor changes to Customer’s website pages.
- Upgrades to Customer’s content management system, including plugins and themes.
- Removal of malware, spam, and malicious code from the Customer’s website. Does not include the server database files.
- Recovery of files or email from backups, if available.
Fees; Limitations on Refunds and Cancellation Fees – Customer agrees to pay Sure Exposure any and all fee(s) as billed in accordance with this Agreement. The fee(s) must be received prior to the start of any Maintenance Services. THE CUSTOMER FURTHER AGREES THAT, IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT BY THE CUSTOMER, NO REFUNDS SHALL BE GIVEN UNDER ANY CIRCUMSTANCES WHATSOEVER. THE CUSTOMER FURTHER AGREES TO PAY UPON CANCELLATION THE AMOUNT OF ANY CANCELLATION FEES OR OTHER AMOUNTS DUE TO SURE EXPOSURE AS PROVIDED IN THE AGREEMENT. SURE EXPOSURE IS HEREBY AUTHORIZED TO CHARGE CUSTOMER’S CREDIT CARD ACCOUNT OR OTHER PAYMENT MECHANISM FOR ANY AMOUNTS OWED FROM TIME TO TIME BY CUSTOMER TO SURE EXPOSURE.
Customer Responsibilities – For the purposes of providing these services, the Customer agrees:
To provide Sure Exposure with access to its websites for creating new pages and making changes to provide Maintenance Services.
To properly convey to Sure Exposure the information that needs to be changed or added.
Customer Acknowledgements – Customer understands, acknowledges, and agrees that:
Only ten (10) hours for Maintenance Services is allowed per month, billed each month for $200.00.
Any work that exceeds ten (10) hours will be billed in fifteen (15) minute increments at the rate of $25.00 per fifteen minutes. Sure Exposure will provide a written estimate for any time over the allotted 10-hours per month – before doing the work.
Web page updates exclude but are not limited to; image editing, graphic design, graphic editing, database design, database changes, programming, and search engine optimization.
Sure Exposure has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Customer’s website (s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
Additional fees could be charged if the information provided has to be typed and exceeds the ten (10) hours allotted.
If changes are made by Sure Exposure according to the Customer’s information, and the changes are not correct, additional time to remedy the changes fall under the ten (10) hour allotted.
Unused time is not accumulative. Unused time does not transfer from month to month. Maintenance Services time is strictly month to month.
Sure Exposure is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
Sure Exposure is not responsible for changes made to the Customer’s website (s) by other parties.
Sure Exposure is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed.
Sure Exposure will not repair Customer’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
Recovery or repair of the Customer’s website is not guaranteed.
Availability of backups is not guaranteed.
Additional Services – Additional services not listed herein will be provided for a fee of $100.00 per hour. Sure Exposure is not responsible for developing new content or writing new copy for Customers. Customers will be charged an additional fee for writing content, based on the hourly rate of $100.00 per hour.
Indemnification – Customer shall indemnify and hold harmless Sure Exposure (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Sure Exposure as a result of any claim, judgment, or adjudication against Sure Exposure related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Sure Exposure (the “Customer Content”), or (b) a claim that Sure Exposure’s use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Sure Exposure must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.
Disclaimer of All Other Warranties – SURE EXPOSURE DOES NOT WARRANT THAT THE MAINTENANCE SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH THE CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, SURE EXPOSURE PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. 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.
Limited Liability – IN NO EVENT SHALL SURE EXPOSURE BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. SURE EXPOSURE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT, OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
Customer Representations – Customer makes the following representations and warranties for the benefit of Sure Exposure:
Customer represents to Sure Exposure and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Sure Exposure are owned by Customer, or that Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Sure Exposure and its subcontractors from any claim or suit arising from the use of such elements furnished by Customer.
Customer guarantees to Sure Exposure and unconditionally guarantees that Customer’s website has not been compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
Customer guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Sure Exposure for inclusion on the website above are owned by Customer, or that Customer has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Sure Exposure and its subcontractors from any liability or suit arising from the use of such elements.
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Customer agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Sure Exposure and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Customer’s exercise of Internet electronic commerce.
Confidentiality – The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under a court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Sure Exposure and Customer acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.
Force Majeure – Neither party will be liable for or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
Relationship of Parties – Sure Exposure, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Customer does not undertake by this Agreement, or otherwise, to perform any obligation of Sure Exposure, whether by regulation or contract. In no way is Sure Exposure to be construed as the agent or to be acting as the agent of Customer in any respect, any other provisions of this Agreement notwithstanding.
Notice and Payment – Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party, mailed by certified, registered or Express mail, return receipt requested or by Federal Express. Either party may change its address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.
Jurisdiction/Disputes – This Agreement shall be governed in accordance with the laws of the State of Tennessee. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Tennessee including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
Agreement Binding on Successors – The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
Assignability – Customer may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Sure Exposure. Sure Exposure reserves the right to assign subcontractors as needed to this project to ensure on-time completion.
Waiver – No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
Severability – If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
No Inference Against Author – No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.
Disputes – Customer and Sure Exposure agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in the County of Santa Clara, California, and accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of California sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of California or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
Read and Understood – Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other websites. We encourage our users to be aware when they leave our site to read the privacy statements of any other site that collect personally identifiable information.
Like many other Web sites, www.sureexposure.com makes use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and a number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Surveys and Contests
From time-to-time, our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary, and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.