Terms of Service

1. Scope of Services and Rules of Engagement

Covered Services

These Terms apply to website subscriptions, hosting, maintenance, updates,
domain-related services, custom website design services, and other related
services purchased from Davis Web Design LLC.

The exact deliverables, page counts, features, and timelines are determined
by your applicable plan description, service agreement, payment page, or order
summary, not by informal discussions or examples from other projects.

These Terms do not independently promise any particular website features,
amount of labor, completion date, or hosting period unless expressly included
in the accepted offer.

Order of Controlling Documents

When more than one document applies to a purchase, the following order of control applies:

1. A signed or specifically accepted custom agreement.
2. The plan-specific service description, which controls the scope of work and plan conditions.
3. The payment page, order page, or order summary, which controls the price, activation fee, and billing interval.
4. These general Terms, which govern all matters not explicitly addressed by another controlling document.

A specific term controls over a general term when the two cannot reasonably
be interpreted consistently.

Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement.

A person accepting these Terms for a business, organization, or another person
represents that they have the legal authority to bind that Customer to the agreement.

You are responsible for providing accurate billing, contact, account, and project information.

2. Subscription, Billing, and Financial Rules

Subscription Term and Automatic Renewal

Unless the applicable offer explicitly states otherwise, subscriptions are month-to-month
and do not require a minimum commitment.

Each subscription automatically renews at the end of each monthly billing period until canceled.

You authorize the recurring payment method provided at checkout to be charged for:

• The activation fee stated on the payment or order page;
• The first monthly subscription payment; and
• Each subsequent monthly subscription payment until cancellation becomes effective.

The payment or order page will state the applicable activation fee, recurring price, and billing interval.

Price Changes

I reserve the right to adjust recurring subscription prices when reasonably necessary
because of increased operating costs, hosting expenses, third-party software costs,
changes in service scope, technical requirements, or other legitimate business reasons.

Except when a shorter period is required by law or an urgent circumstance outside my
reasonable control, you will receive at least 30 days’ written notice before a price
increase takes effect.

The notice will state the new recurring price and its effective date. You may cancel
the subscription before the new price takes effect.

Continuing the subscription after the effective date of the price change constitutes
acceptance of the new price where permitted by applicable law.

Cancellation

You may cancel a subscription by:

• Emailing joshuadaviswebdesign@gmail.com;
• Calling 541-291-6651 and communicating the cancellation directly to Davis Web Design LLC; or
• Using another written or electronic cancellation method accepted by Davis Web Design LLC.

A telephone cancellation is effective when Davis Web Design LLC acknowledges the cancellation.
Davis Web Design LLC may send an email or text message confirming the cancellation date and final service date.

Cancellation prevents future renewals and ordinarily takes effect at the end of the current paid billing period.

The website may remain online through the final paid billing period unless it is suspended
or terminated earlier because of nonpayment, prohibited content, unlawful conduct, a security
concern, or a serious violation of these Terms.

If a recurring charge is processed for a billing period beginning after a valid cancellation
request was received, that post-cancellation charge will be refunded.

You should retain copies of cancellation requests and confirmations.

Refunds

Except as expressly provided in these Terms or required by applicable law:

• Subscription payments are nonrefundable once the applicable billing period begins.
• Partial-period refunds are not provided when the Customer voluntarily cancels.
• Unused service time has no cash value.
• Activation fees are nonrefundable once work or setup begins.

If Davis Web Design LLC determines that the requested service cannot reasonably be provided,
the applicable activation fee will be refunded.

Payments are made in exchange for the services, labor, access, hosting, maintenance,
availability, and benefits described in the applicable plan. Payment does not depend
on achieving any commercial, marketing, search, traffic, sales, technical, financial,
or business outcome.

If Davis Web Design LLC terminates a subscription for reasons unrelated to wrongdoing or breach
by the Customer, a proportional refund for the unused portion of the prepaid service
period will be provided.

Payments remain nonrefundable when service is suspended or terminated because of Customer
misconduct, prohibited content, nonpayment, abuse, fraud, unlawful activity, a security risk,
an improper chargeback, or a serious violation of these Terms.

Failed Payments and Suspensions

A website will not be suspended for nonpayment before your last paid service period ends.

If payment for a renewal fails, Davis Web Design LLC may attempt to collect the payment again through
the available payment system.

After the paid service period ends, Davis Web Design LLC may suspend or take the website offline until
the account is brought current.

Restoration after a failed recurring payment will not require a separate reactivation fee,
but you must pay all past-due subscription amounts and authorized outstanding charges.

Davis Web Design LLC is not responsible for loss of traffic, leads, sales, search placement, messages,
or business resulting from a suspension caused by nonpayment.

Voluntary Cancellation and Reactivation

Reactivation of a voluntarily canceled subscription may require payment of a reactivation fee.

Any applicable fee will be disclosed before reactivation is approved or performed.

Reactivation is subject to:

• Current pricing;
• Davis Web Design LLC’s availability;
• The continued existence and availability of the website files and domain;
• Payment of outstanding balances;
• Payment of any disclosed reactivation fee; and
• Acceptance of the then-current applicable terms.

Reactivation does not guarantee restoration of the former domain, design, functionality,
price, content, search placement, or service configuration.

3. Project Workflow, Revisions, and Delays

Included Service Time

A plan may include a specified amount of labor, maintenance time, or update time during
each billing period, as stated in the applicable plan description.

For purposes of calculating included service time:

• One hour means up to 60 combined minutes of work. This may include reviewing requests, communicating about changes, preparing materials, editing layouts, testing, troubleshooting, publishing, and related administrative or technical work.
• One hour does not mean one unlimited request or one unlimited task.
• Time may be tracked in reasonable increments.
• Multiple communications, tasks, or update requests may be combined when calculating time used.
• Unless explicitly stated otherwise, unused service time expires at the end of the applicable billing period and does not accumulate, roll over, or carry over.
• Included time cannot be transferred or exchanged for cash, refunds, discounts, credits, or other services.

Additional Work

Work exceeding the service time included with your plan requires Customer approval.

Unless another rate is stated in an accepted offer, additional work is billed at
$60 per hour in 15-minute increments, equal to $15 per quarter-hour.

Davis Web Design LLC is not required to begin additional paid work without written or electronic
approval. Email and text-message approvals are sufficient.

Approval authorizes Davis Web Design LLC to charge or invoice the Customer for the approved work.

Revisions and Project Approval

Unless the applicable plan states otherwise, the initial website setup includes one
consolidated round of reasonable revisions.

You should combine revision requests into a clear and complete response.

Additional revisions, redesign requests, or changes in direction may use included service
time or be treated as additional paid work.

A website or project is considered accepted when the earliest of the following occurs:

• You explicitly approve it by email, text message, telephone, or another accepted communication method.
• You request that it be published or connected to your live business operations.
• You begin advertising, sharing, or publicly using it.
• The website has been available for review for five business days without the Customer reporting a material problem.

Acceptance completes the initial revision stage but does not prevent you from later requesting
eligible updates under your plan.

Customer Delays and Project Inactivity

Completion dates and turnaround estimates depend on timely Customer communication, content
delivery, approvals, account access, and instructions.

Any delay caused by the Customer automatically extends estimated completion dates.

If you do not respond for seven consecutive days, Davis Web Design LLC may send an inactivity notice
by email, text message, or another electronic communication method previously used.

If you do not respond by the reasonable additional deadline stated in that notice, Davis Web Design LLC
may close the project, suspend the work, or treat the project as abandoned.

Closing a project because of inactivity means:

• Activation fees remain nonrefundable.
• Payments for services already provided or service periods already begun remain nonrefundable.
• Scheduling availability is not preserved.
• Previous completion estimates no longer apply.
• Resuming the project may require payment of a reactivation fee.
• Resuming the project may require acceptance of current plans, pricing, schedules, and availability.

Estimated Schedules

Any delivery date, launch date, update timeframe, or completion date is an estimate unless
Davis Web Design LLC expressly guarantees a specific date in a signed agreement.

Davis Web Design LLC does not promise a particular response time unless one is explicitly stated in your plan.

Schedules may be extended because of:

• Customer delays;
• Missing or inaccurate information;
• Missing content or account credentials;
• Revision requests;
• Scope changes;
• Third-party outages or restrictions;
• Unexpected technical problems;
• Illness or emergencies; or
• Events outside Davis Web Design LLC’s reasonable control.

4. Intellectual Property, Content, and Domain Rights

Customer Content and License

You retain ownership of original materials supplied by you, including your business or personal
name, logo, trademarks, photographs, videos, written content, and branding.

You grant Davis Web Design LLC a nonexclusive, worldwide, royalty-free license to host, edit, format,
reproduce, display, publish, store, and use those materials as reasonably necessary to provide,
maintain, update, demonstrate, and promote the services.

You represent that you own or have permission to use every item supplied to Davis Web Design LLC.

You are responsible for obtaining permission from photographers, employees, contractors, models,
copyright owners, trademark owners, and other people whose materials, likenesses, or testimonials
appear on the website.

You must not provide content that infringes copyrights, trademarks, privacy rights, publicity rights,
contractual rights, or other third-party rights.

Ownership of Websites and Work Product

Unless a separate signed agreement expressly states otherwise, Davis Web Design LLC retains full and exclusive
ownership of each website created, hosted, maintained, or provided through a subscription.

This ownership includes:

• Website designs;
• Layouts;
• Site structure;
• Source code;
• Templates;
• Reusable components;
• Design systems;
• Technical configurations;
• Hosting configurations;
• Design files;
• Backup files;
• Methods and processes; and
• Other materials created, arranged, selected, or supplied by Davis Web Design LLC.

The Customer receives a limited, nonexclusive, revocable, and nontransferable license to use the website
for approved business, organizational, or personal purposes while the applicable subscription remains active,
paid, and in good standing.

You do not acquire ownership of the website by paying activation fees, subscription payments, hosting charges,
update fees, or other service charges.

Without Davis Web Design LLC’s prior written permission, you may not:

• Copy, reproduce, download, extract, distribute, or sell the website or its source code;
• Transfer or attempt to transfer the website to another hosting provider or designer;
• Give another provider access to website files for duplication, migration, or continued use;
• Resell or sublicense the website design or code;
• Claim ownership of Davis Web Design LLC’s templates, layouts, systems, or reusable components; or
• Continue using the website after the applicable subscription or license ends.

Domains Purchased by Davis Web Design LLC

Any domain name purchased, registered, renewed, or paid for by Davis Web Design LLC remains the property of Davis Web Design LLC
unless transferred through a separate written agreement.

Payment of activation fees, subscription fees, hosting fees, or other service charges does not give you ownership
of a domain purchased or paid for by Davis Web Design LLC.

While an eligible subscription remains active, you are granted limited permission to use the domain in connection
with the subscribed website.

That permission ends when the subscription ends.

After service ends, Davis Web Design LLC may decide whether to:

• Renew the domain;
• Retain the domain;
• Redirect the domain;
• Transfer or sell the domain;
• Use the domain for another lawful purpose; or
• Allow the domain to expire.

You do not have a guaranteed right to purchase or receive the domain after cancellation.

Customer-Owned Domains

A domain owned by the Customer before service begins remains the Customer’s property.

Connecting, configuring, or temporarily managing a Customer-owned domain does not give Davis Web Design LLC ownership
of that domain.

You remain responsible for:

• Registration and renewal charges;
• Registrar account security;
• Passwords and account recovery information;
• Accurate ownership and contact records;
• Verification notices;
• Transfer restrictions; and
• Maintaining access to the domain account.

When service ends, Davis Web Design LLC may disconnect the domain from the website but will not claim ownership of it.

Website or Domain Buyouts

Davis Web Design LLC may, but is not required to, offer a website, domain, source-code, or other ownership buyout.

A buyout or transfer is not included with cancellation or ordinary subscription payments.

Any buyout must be described in a separate written agreement stating:

• The purchase price;
• The specific materials being transferred;
• Whether a domain is included;
• Whether source code or editable files are included;
• Applicable third-party restrictions;
• The amount of migration or transfer assistance included;
• The transfer date; and
• The date Davis Web Design LLC’s responsibility ends.

Ownership remains with Davis Web Design LLC until the separate agreement is completed and all required payments are received.

After a transfer, Davis Web Design LLC is not responsible for hosting, maintenance, security, compatibility, software updates,
outages, data loss, or changes made by the Customer or another provider.

Portfolio and Promotional Rights

Davis Web Design LLC may display completed websites in portfolios, advertisements, social media, brochures, presentations,
proposals, case examples, and other promotional materials.

Davis Web Design LLC may use the Customer’s business name, logo, and publicly displayed website images to identify and describe
the work performed.

These portfolio rights do not transfer ownership of your original branding or Customer-owned materials to Davis Web Design LLC.

The website is not required to display a credit, footer link, or visible statement identifying Davis Web Design LLC as the designer.

5. Hosting, Maintenance, and Third-Party Services

Server Infrastructure and Continuity

Websites are currently hosted using a third-party hosting provider selected by Davis Web Design LLC.

Davis Web Design LLC may move a website to another hosting system or provider when reasonably necessary for:

• Security;
• Cost efficiency;
• Reliability;
• Compatibility;
• Administration;
• Service continuity; or
• Another legitimate operational reason.

You receive the ordinary hosting arrangements included in your subscription, but you do not receive ownership or
administrative control of Davis Web Design LLC’s hosting accounts, reseller accounts, software subscriptions, or technical infrastructure.

Basic maintenance does not include unlimited redesigns, major new functionality, unlimited troubleshooting, or correction
of problems caused by the Customer or unauthorized third parties.

Backups and Data Protection

Davis Web Design LLC generally creates or stores a backup when an update is performed.

Backup timing, content, retention, and completeness may vary.

Davis Web Design LLC will use commercially reasonable backup practices but does not guarantee:

• That every website version will be backed up;
• That every backup will be complete;
• That every file or previous version can be recovered;
• That exact restoration will be possible; or
• That a backup will remain compatible with future systems.

If website information is lost and exact restoration is not reasonably possible, Davis Web Design LLC may provide a reasonable
technical correction where appropriate.

A reasonable technical correction may include:

• Restoring available materials;
• Reconstructing affected portions;
• Redesigning an affected section; or
• Providing another reasonable remedy selected by Davis Web Design LLC.

Any corrective obligation remains subject to the limitations of liability in these Terms.

You must keep independent copies of all Customer-supplied text, photographs, logos, videos, records, and other materials.

Third-Party Materials and Services

Websites may contain or depend upon fonts, stock materials, software, code, applications, integrations, plugins, platforms,
payment processors, booking systems, maps, analytics tools, or other external services owned or licensed by third parties.

Third-party materials remain subject to their applicable licenses, rules, availability, and restrictions.

Davis Web Design LLC cannot transfer ownership or grant rights beyond those permitted by the applicable third party.

You may be required to discontinue or replace a third-party component if its owner changes its price, availability, licensing,
policies, compatibility, or technical requirements.

Unless an accepted plan expressly states that a particular cost is included, you are responsible for third-party:

• Transaction fees;
• Processing fees;
• Subscription fees;
• Application charges;
• License fees;
• Taxes; and
• Other service costs associated with your website features.

Davis Web Design LLC is not responsible for third-party:

• Outages;
• Service interruptions;
• Price increases;
• Policy changes;
• Account suspensions;
• Application rejections;
• Security incidents;
• API changes or deprecations;
• Compatibility changes;
• Feature removal;
• Discontinuation; or
• Other actions outside Davis Web Design LLC’s reasonable control.

Customer Account Responsibility

You remain responsible for accounts you own or control, including:

• Account security;
• Passwords;
• Multifactor authentication;
• Recovery information;
• Authorized users;
• Billing; and
• Continued access.

You must provide accurate access when access is needed to perform approved services.

Davis Web Design LLC is not responsible for delays, losses, suspensions, or unauthorized activity caused by inaccurate credentials,
expired access, Customer account settings, unauthorized users, or activity Davis Web Design LLC did not cause.

You should change any password shared with Davis Web Design LLC after the applicable work is completed.

Payment Processing

Some websites may use third-party applications to accept or process payments.

Davis Web Design LLC does not directly guarantee, underwrite, approve, control, or operate your payment-processing relationship.

You are responsible for:

• Your payment-processing account;
• Transaction fees;
• Chargebacks received from your customers;
• Refunds owed by you;
• Product or service disputes;
• Taxes;
• Account verification;
• Compliance obligations; and
• The handling of transaction and customer information.

Davis Web Design LLC is not responsible for funds withheld, delayed, reversed, frozen, refunded, or otherwise affected by a third-party payment service.

6. Prohibited Activities and Termination

Prohibited Content and Activities

You may not use the services or website for:

• Illegal activity, fraud, or deceptive claims;
• Malware, viruses, phishing, or harmful code;
• Copyright or trademark infringement;
• Hate, threatening, or unlawfully discriminatory material;
• Pornographic material;
• Unlicensed gambling;
• The sale or promotion of illegal or highly regulated products;
• Impersonation or harassment;
• Unauthorized data collection;
• Security attacks;
• Misleading business practices; or
• Conduct that violates a third party’s platform policies or rights.

Davis Web Design LLC may refuse, remove, disable, or suspend content or service when Davis Web Design LLC reasonably believes it creates
a legal, security, reputational, technical, hosting, or platform-policy risk.

Immediate action may be taken without advance notice when reasonably necessary to prevent harm or comply with a legal or third-party requirement.

Chargebacks and Billing Disputes

Before initiating a payment dispute or chargeback, you agree to contact Davis Web Design LLC in good faith and provide a reasonable
opportunity to investigate and resolve the billing issue, except where prohibited by applicable law or payment-network rules.

You must not knowingly submit a false, fraudulent, misleading, or improper chargeback.

Davis Web Design LLC may suspend service while a chargeback or payment dispute is investigated and may terminate service after an improper or fraudulent chargeback.

Suspension or termination does not waive Davis Web Design LLC’s right to recover valid unpaid amounts or respond to the dispute using relevant records.

Termination by Davis Web Design LLC

Davis Web Design LLC may suspend or terminate service for reasons including:

• Nonpayment;
• Abusive, threatening, harassing, or dangerous behavior;
• Illegal content or conduct;
• Fraud or deceptive activity;
• Security risks;
• Failure to cooperate;
• Repeatedly unreasonable demands;
• Misuse of the services;
• Infringement of third-party rights;
• Improper chargebacks;
• Violation of these Terms;
• Conduct placing hosting accounts, domains, or third-party systems at risk; or
• A request Davis Web Design LLC cannot safely, lawfully, or reasonably continue performing.

When reasonable under the circumstances, Davis Web Design LLC may provide notice and an opportunity to correct the issue.

Davis Web Design LLC may act immediately when delay could create harm, legal exposure, data loss, security risks, or third-party policy violations.

File Retention After Service Ends

You are responsible for retaining copies of all Customer-supplied materials.

Davis Web Design LLC may delete website files, backups, messages, content, design files, and related materials beginning 30 days after service ends.

Davis Web Design LLC does not guarantee that any particular file or backup will remain available during or after that 30-day period.

7. Disclaimers, Liability Limits, and Indemnification

No Guaranteed Outcomes

Davis Web Design LLC provides website design, hosting, maintenance, updates, and related services but does not guarantee any specific outcome resulting from those services.

Davis Web Design LLC does not guarantee:

• Search-engine rankings;
• Search indexing;
• Website traffic;
• Leads;
• Telephone calls;
• Messages;
• Customer inquiries;
• Sales;
• Revenue;
• Profit;
• Business growth;
• Advertising performance;
• Approval by any platform;
• Uninterrupted hosting;
• Error-free operation;
• Compatibility with every device, browser, application, or outside service;
• Complete protection from hacking, malware, unauthorized access, or data loss; or
• Any other particular technical, marketing, financial, or business result.

You remain responsible for operating, marketing, managing, and legally maintaining your business, organization, products, and services.

Customer Compliance Responsibilities

Davis Web Design LLC will use reasonable practices when designing and maintaining websites but does not provide legal advice.

Unless expressly included in a separate agreement, Davis Web Design LLC does not guarantee that a website complies with every:

• Accessibility law or standard;
• Privacy law;
• Cookie or tracking requirement;
• Consumer-protection law;
• Industry regulation;
• Healthcare rule;
• Financial-services rule;
• Advertising rule;
• Licensing requirement; or
• Other local, state, federal, or international law.

You must identify any special legal, accessibility, privacy, security, or industry-specific requirements before work begins.

You are responsible for determining what policies, disclosures, consent mechanisms, notices, disclaimers, and legal terms your business requires.

You are also responsible for how you collect, store, use, share, secure, and delete information received through the website.

Davis Web Design LLC is not responsible for verifying every factual, legal, regulatory, or industry-specific statement supplied or approved by the Customer.

Disclaimer of Warranties

To the fullest extent permitted by law, services are provided on an “as available” and “as is” basis.

Davis Web Design LLC will use reasonable professional efforts in providing the agreed services but does not make warranties beyond those expressly stated in a signed agreement.

To the fullest extent permitted by law, Davis Web Design LLC disclaims implied warranties of merchantability, fitness for a particular purpose,
noninfringement, uninterrupted availability, and error-free operation.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

Indemnification

To the fullest extent permitted by law, the Customer agrees to defend, indemnify, and hold Davis Web Design LLC harmless from third-party claims,
demands, proceedings, damages, judgments, liabilities, penalties, losses, and reasonable legal fees and expenses arising from or related to:

• Customer-supplied content;
• The Customer’s products or services;
• The Customer’s business practices;
• Instructions provided by the Customer;
• False, misleading, unlawful, or unsubstantiated claims;
• Copyright, trademark, privacy, publicity, or other rights violations involving Customer materials;
• The Customer’s use or misuse of the website;
• The Customer’s violation of law;
• The Customer’s breach of these Terms; or
• The Customer’s handling of personal, financial, transaction, or customer information.

Davis Web Design LLC will provide reasonable notice of a covered claim when practicable.

You may not agree to a settlement that imposes liability, an admission, or a continuing obligation on Davis Web Design LLC without Davis Web Design LLC’s written approval.

Exclusion of Certain Damages

To the fullest extent permitted by law, Davis Web Design LLC will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages.

This exclusion includes claimed losses involving:

• Lost profits;
• Lost sales;
• Lost revenue;
• Lost customers;
• Lost opportunities;
• Loss of goodwill;
• Reputational harm;
• Business interruption;
• Loss of data;
• Search-ranking changes; or
• The cost of obtaining substitute services.

This exclusion applies regardless of the legal theory asserted and even if Davis Web Design LLC was informed that such damages were possible.

Limitation of Liability

To the fullest extent permitted by law, Davis Web Design LLC’s total aggregate liability arising from or related to the services,
website, subscription, or agreement will not exceed the greater of:

• $500; or
• The fees paid by the Customer to Davis Web Design LLC for the services giving rise to the claim during the six months immediately preceding the event giving rise to the claim.

This limitation applies collectively to all claims arising from the same or related events.

The limitations in these Terms do not apply to intentional misconduct or another liability that cannot legally be limited or excluded.

Events Outside Reasonable Control

Davis Web Design LLC is not responsible for delay, interruption, failure, or loss caused by events outside Davis Web Design LLC’s reasonable control, including:

• Internet or utility outages;
• Hosting failures;
• Domain-system failures;
• Cyberattacks;
• Third-party service interruptions;
• Government action;
• Changes in law;
• Labor disruptions;
• Fire;
• Flood;
• Severe weather;
• Natural disasters;
• Public-health emergencies;
• Severe illness;
• Equipment failure; or
• Supply or software shortages.

Deadlines will be extended for the duration of the interfering event and for a reasonable recovery period.

8. Dispute Resolution and Formal Matters

Informal Dispute Resolution First

Before filing a lawsuit or other legal proceeding, the complaining party must send a written notice describing:

• The nature of the dispute;
• The relevant events;
• The requested resolution; and
• Available supporting information.

Notices to Davis Web Design LLC must be sent to
joshuadaviswebdesign@gmail.com.

Both parties must make good-faith efforts to resolve the dispute informally.

The parties will have 30 days after receipt of the written dispute notice to attempt informal resolution.

If the dispute is not resolved during that period, either party may bring an eligible claim in small claims court or another court with jurisdiction.

Nothing in this section prevents either party from seeking urgent temporary relief when reasonably necessary to prevent immediate harm, data loss, infringement, or a security threat.

Governing Law and Venue

These Terms and any dispute arising from or related to them are governed by the laws of the State of Oregon,
without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any legal proceeding must be filed in a court with proper jurisdiction and venue.

Where legally permitted, the parties agree that proceedings may be brought in an appropriate court serving Jackson County, Oregon.

Nothing in these Terms eliminates a consumer’s right to use another venue when applicable law requires that venue.

Unless a statute, court order, or applicable law provides otherwise, each party is responsible for that party’s own legal fees and costs.

Entire Agreement

The applicable custom agreement, plan description, order page, and these Terms constitute the entire agreement concerning the purchased services.

They replace prior conversations, statements, proposals, representations, and informal promises concerning those services.

Changes to the agreement must be accepted in writing or electronically, except for operational decisions that these Terms expressly permit Davis Web Design LLC to make.

No Waiver

A failure or delay in enforcing a provision does not waive the right to enforce that provision or another provision later.

A waiver is effective only when expressly given in writing.

A waiver regarding one event does not waive rights regarding a future or different event.

Assignment

You may not transfer, assign, delegate, sell, or otherwise convey the agreement, subscription, website access, domain-use rights,
or other rights under the agreement without Davis Web Design LLC’s prior written approval.

A sale, transfer, or reorganization of your business does not automatically transfer the agreement.

Davis Web Design LLC may use contractors or service providers to assist in performing technical, administrative, hosting, or design work
while remaining responsible for Davis Web Design LLC’s obligations under the agreement.

Independent Contractor

Davis Web Design LLC provides services as an independent contractor.

Nothing creates an employment relationship, partnership, agency, fiduciary relationship, franchise, or joint venture between Davis Web Design LLC and the Customer.

Neither party may bind the other to an obligation unless expressly authorized in writing.

No Third-Party Beneficiaries

These Terms benefit only Davis Web Design LLC and the Customer.

No other person or organization receives any contractual right or remedy under them.

Severability and Survival

If any provision of the agreement is found invalid, unlawful, or unenforceable, that provision will be modified or enforced to the greatest extent permitted by law.

The remaining provisions will continue in full force and effect.

All provisions concerning amounts owed, ownership, intellectual property, Customer responsibilities, portfolio rights,
third-party materials, file deletion, indemnification, warranty disclaimers, limitations of liability, disputes, and governing law
will survive cancellation, expiration, or termination.

Headings

Headings are for convenience and organization only.

They do not limit, expand, or otherwise affect the interpretation of the agreement.

Changes to Services, Features, and Terms

Davis Web Design LLC may change, replace, remove, or discontinue a service feature when reasonably necessary because of:

• Technical requirements;
• Security needs;
• Third-party changes;
• Legal requirements;
• Compatibility;
• Cost; or
• Reliability.

Davis Web Design LLC will provide at least 30 days’ written notice before a material change affecting an active subscription when reasonably possible.

Davis Web Design LLC may also update these Terms prospectively.

At least 30 days’ written notice will be provided before a material change applies to an active subscription,
unless a shorter period is required by law, security concerns, or urgent third-party requirements.

Continuing to use or pay for the services after the effective date of updated Terms constitutes acceptance where permitted by applicable law.

Updating these Terms does not by itself change your recurring price. Price changes require separate notice under Section 2.

Customers who do not accept a material change to services or Terms may cancel before the change takes effect.

Notices

Written notice under these Terms may be provided by:

• Email;
• Text message;
• Mail;
• An account or billing portal; or
• Another electronic method regularly used by the parties.

Davis Web Design LLC may send notices to the Customer using the most recent email address, telephone number,
mailing address, or account information provided by the Customer.

The Customer is responsible for keeping contact information current.

Notices to Davis Web Design LLC must be sent using the contact information provided in Section 9.

Cancellation may also be communicated by telephone as provided in Section 2.

Electronic Acceptance

The Customer accepts these Terms by:

• Checking an acceptance box;
• Electronically signing;
• Completing a purchase;
• Submitting payment;
• Activating a subscription;
• Requesting that paid work begin; or
• Otherwise affirmatively accepting the applicable offer.

To the extent permitted by applicable law, electronic records, signatures, confirmations, emails, and text messages
may satisfy requirements for written notice, approval, acceptance, or authorization.

Records required to be retained will be provided in a form capable of being retained and accurately reproduced.

You should save or print a copy of the accepted Terms and applicable order information for your records.

9. Contact Information

Questions, legal notices, cancellation requests, and billing concerns may be directed to:

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