All agreements between you (Client) and Web Gem Solutions, LLC (Company) for web design or web hosting (Services) are subject to the following terms and conditions.

1. Confidentiality. To provide Services to Client, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information to Company. Company will not share any of this proprietary information at any time, even after the Services are completed.  Additionally, Company will not use Client’s proprietary information for Company’s personal benefit.  Client will continue to own all proprietary information it shares with Company in connection with the Services.  Company will have no rights to Client’s proprietary information and may not use the information except to complete the Services. 
2. Ownership Rights. While Company will customize Client’s website to Client’s specifications, Client recognizes that websites generally have a common structure and basis. Company will continue to own all template designs it creates.
3. Representations. Client represents and warrants that it has the right to enter into agreements with Company.  Client further represents and warrants that Client has the right to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it provides to Company and that are included in Client’s website.  If Client does not have these rights, Client will compensate Company for all damages Company incurs because of an unauthorized use of another’s proprietary information.
4. Security. We use technical, administrative, and physical controls in place to help protect your website and Personal information from unauthorized access, use, and disclosure. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable.
5. Do Not Sell My Data. Except as otherwise stated in this agreement or our Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent.
6. Data Retention. We will retain your personal information for the period necessary to fulfill the purposes outlined in this agreement and our Privacy Policy unless a longer retention period is required or permitted by law.
7. How We Protect Your Information. Our security measures do not guarantee that your information or the information collected and associated with your website will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
8. Location Of Site. Your Website is hosted on SiteGround and is managed by Web Gem Solutions in Illinois, United States and all your website information is stored in SiteGround Servers in Council Bluffs, Iowa, United States. SiteGround is responsible for their server maintenance and administration. If you are located in the European Union, please be aware that any information you provide to us will be transferred to and stored on this server. By using our Site, participating in any of our services and/or providing us with your information, you consent to this transfer.
9. Disclaimer of Warranties. COMPANY MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL COMPANY BE LIABLE FOR LOSS OF USE OR PROFITS OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND.
10. Dispute Resolution. The laws of Illinois will govern all agreements between Client and Company. If a dispute between the Client and Company results in litigation, venue for such a dispute will be in the state or federal courts in Cook County, Illinois.  The prevailing party in any such legal action will be entitled to recover its costs and reasonable attorneys’ fees.  The Company’s maximum liability will not exceed the total fee payable by Client for the Company’s Services.
11. Modification of Agreement. The last written agreement between the Company and Client will supersede all previous written and verbal communication between the Parties.  Any changes to a written agreement between Company and Client must be made in writing and signed by both parties.

Updated: February 16, 2021