Terms & Conditions

Introduction
These terms and conditions (the "Agreement") are entered into between Libramonte.co, the client ("Client") and Randall Libramonte, the freelancer ("Freelancer"). The Agreement outlines the terms and conditions under which the Freelancer will provide web design services to the Client.

Accessing and using our Website
By accessing or using our website, you agree to the following terms and conditions. You represent and warrant that: (a) you are 13 years of age or older; (b) you accept the policies and practices described in these Terms; (c) you acknowledge that we may modify these Terms without notice and that by continuing to use our Website as modified, you will be deemed to have accepted all Terms therein.

Digital Millennium Copyright Act (DMCA) Notice and Takedown Procedure
As a freelance web designer based in Honolulu, Hawaii, we respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe that any material on our website infringes on your copyright rights, you may send us a notice requesting that we remove the material or block access to it. We will investigate all such notices and will take appropriate action, as required under the DMCA. If you believe that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. You may consult an attorney to determine whether the requirements are met.

Scope of Services
The Freelancer will provide the Client with web design services as described in the proposal or statement of work attached hereto as Exhibit A (the "Services"). The Client acknowledges that the Services may include, but are not limited to, website design, graphic design, programming, search engine optimization (SEO), and website maintenance. The Freelancer will use commercially reasonable efforts to perform the Services in a professional and timely manner.

Registration and Personal Information
You may access our website without having to provide your email address or register any personal information. If you choose to provide your email address, you consent to receiving electronic communications from us and our third-party affiliates. THese communications may include notices and information related to our web design services, as well as promotional offers and updates. Please see our Privacy Policy for more details on how we collect, use, and protect your personal information.

Deadline
The Freelancer agrees to complete the Services by the arranged deadline of project or as otherwise agreed to by both parties in writing. The Freelancer will keep the Client informed of the progress of the Services and will notify the Client of any delays.

Fees and Payment
The Client agrees to pay the Freelancer the fees set forth in the proposal or statement of work attached hereto as Exhibit A.

Expenses
The Client agrees to reimburse the Freelancer for any reasonable expenses incurred in connection with the performance of the Services.

Intellectual Property Rights
All materials, including text, images, logos, and other content (collectively, “Content”) contained on this website, and all intellectual property rights, including copyrights, trademarks, service marks, trade names, and trade dress, are owned by or licensed to Libramonte.co. As a user of this website, you agree not to use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, any Content for commercial profit or gain without the express written consent of Libramonte.co. The Client acknowledges that Libramonte.co retains all right, title, and interest in and to its pre-existing materials, including all copyrights and trademarks.

Ownership of Deliverables
Upon completion of the Services, the Client will own all right, title, and interest in and to the deliverables provided by Libramonte.co under this Agreement, including without limitation, all copyrights and trademarks. This ownership transfer is subject to the full payment of all outstanding fees and expenses owed to Libramonte.co. By using this website and/or engaging Libramonte.co for its services, you agree that all rights in the Content and deliverables are valid and protected in all forms of media and technology now existing or hereinafter developed. Nothing in these Terms or on the website shall be construed as conferring any intellectual property or other proprietary rights to you, except as expressly provided herein.

Warranty
Libramonte.co understands the importance of providing high-quality service to clients and warrants that all Services provided will be done so in a professional and competent manner, adhering to generally accepted industry standards. The Freelancer warrants that all deliverables will be free from defects and errors. In the unlikely event that any Services or deliverables are not up to the Client's satisfaction, Libramonte.co will work with the Client to remedy the issue. Please note that any modifications or changes made to the original Services or deliverables may result in additional fees, and Libramonte.co will notify the Client of any such fees beforehand.

Liability Limitation
Libramonte.co makes every effort to ensure that information regarding the legal rights contained on its Website is accurate and up-to-date. However, laws and legal procedures are subject to frequent change and differing interpretations. Libramonte.co cannot ensure the information on this Website is current, nor be responsible for any use to which it is put. Users of this Website should not rely solely on this information without consulting an attorney or the appropriate agency about their rights in their particular situation. Libramonte.co makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this Website and expressly disclaims liability for errors and omissions in the contents of this Website. The Company does not represent that the content will be error-free, timely, free of viruses or other harmful elements, or that defects will be corrected. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this Website or its hyperlinks to other Internet resources. Neither Libramonte.co or its suppliers, licensors, or contractors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Libramonte.co or its suppliers, licensors, or contractors have been advised of the possibility of these damages), as applicable under the law, arising out of or relating to your access or use or your inability to access or use this Website.
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To the maximum extent permitted by law, Libramonte.co will not be liable to the Client or any third party for any direct, indirect, consequential, or punitive damages arising out of the Client's use of Libramonte.co's web design services, including but not limited to, loss of profits, business interruption, or damage to computer systems or data. In no event shall Libramonte.co be liable for indirect, incidental, special, or consequential damages, including without limitation, lost profits, loss of business or goodwill, or other damages arising out of or in connection with this Agreement. Libramonte.co's liability under this Agreement shall not exceed the amount of fees paid by the Client. The Client agrees that this limitation of liability is a fundamental element of the basis of the bargain between the parties, and that Libramonte.co would not have agreed to perform the web design services without this limitation. The Client acknowledges and agrees that Libramonte.co does not control, monitor, operate or endorse any third-party websites and makes no representations or guarantees regarding any such sites, and cannot guarantee their practices regarding data privacy. These terms and conditions do not apply to third-party websites, and the Client acknowledges and agrees that linking to other sites, use of other sites, and use of any information, material, products, and services offered by such sites, are at the Client's sole risk.

Confidentiality
As a professional freelance web designer, Libramonte.co is committed to maintaining the confidentiality of the Client's sensitive information. The Freelancer acknowledges and agrees that all information designated as confidential by the Client must be kept confidential, and the Freelancer must not disclose such information to any third party without the Client's prior written consent. This includes, but is not limited to, client data, trade secrets, business processes, and any other information deemed confidential by the Client. The Freelancer must take all necessary steps to protect the confidentiality of the Client's information, including implementing appropriate security measures and ensuring that all employees or subcontractors working on the project are also bound by the confidentiality agreement.

Third-Party Content
Libramonte.co is committed to providing high-quality service to their clients. As part of their services, their website may include links to other Internet sites that they do not monitor, operate, or control. They want to make it clear that they are not responsible for the content of any such sites, and they do not make any representations regarding these sites. Clients should acknowledge and agree that their linking to other sites, their use of other sites, and their use of any information, material, products, and services offered by such sites, are at their sole risk. Additionally, these terms do not apply to third-party websites. Clients can always contact Libramonte.co with any questions or concerns and they will strive to provide the best possible service and support. It is important to note that while Libramonte.co takes all necessary precautions to ensure a smooth and seamless design process, there may be circumstances beyond their control that could impact their ability to fulfill their obligations. They will not be held liable for any delay or failure to perform their obligations due to circumstances beyond their control. Libramonte.co may use third-party service providers to help with their services, such as hosting providers or payment processors. Clients understand and agree that any personal information or data they provide may be transferred to such third-party service providers for the purpose of providing the services. Libramonte.co takes the protection of client's data very seriously and will only use trusted and reputable service providers.

Indemnity
You agree to defend, indemnify, and hold Libramonte.co harmless from and against any and all claims, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of our web design services, or any violation of these terms by you. This includes, but is not limited to, any claim or action by a third party that your use of our services or any content you provide infringes or misappropriate the intellectual property rights or other rights of any third party, or violates applicable law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.

Termination
Either party may terminate this Agreement upon written notice if the other party breaches any material term or condition of this Agreement. Upon termination, the Client shall pay Libramonte.co for all Services performed through the date of termination. These Terms are effective until terminated. Libramonte.co may, at any time and for any reason, terminate your access to or use of our Website. If Libramonte.co terminates your access to our Website, you will not have the right to bring claims against us with respect to such termination. Libramonte.co shall not be liable for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Libramonte.co may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including our right to cooperate with any legal process relating to your use of the Website).

Governing Law
These Terms are governed by and shall be construed in accordance with the laws of the State of Hawaii, U.S.A., without regard to its principles of conflicts of law. We do not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Arbitration
In the event of any dispute arising under or related to these Terms, you and Libramonte.co agree to resolve the matter through final and binding arbitration before a neutral arbitrator, in accordance with the commercial rules of mediation and arbitration of Dispute Prevention & Resolution. The arbitration proceedings will take place in Honolulu, Hawaii, and will be conducted in English to ensure clarity and confidentiality. The arbitrator may conduct hearings by teleconference or videoconference to the extent deemed reasonable, and any in-person appearances requested by the arbitrator shall be held in the county of Honolulu, Hawaii. The arbitrator’s decision will be final and binding, and the award rendered may be confirmed and enforced in any court with jurisdiction. Notwithstanding the foregoing, Libramonte.co may seek injunctive relief in U.S. state or federal courts to protect its rights and the rights of its licensors. In such cases, you agree to the exclusive jurisdiction of the state and federal courts located in the county of Honolulu, Hawaii, and waive any objections to such courts on jurisdictional, venue, or inconvenient forum grounds.

Miscellaneous
Libramonte.co and the client agree that the relationship between them is that of an independent contractor and client. These terms and conditions do not create a partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the parties. If any provision of these terms is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. The client may not assign, transfer or sublicense any or all of their rights or obligations under these terms without the express prior written consent of Libramonte.co. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These terms hereby incorporate by this reference any additional terms that Libramonte.co posts on the website (including, without limitation, our Privacy Policy). Except as otherwise expressly stated herein, these terms constitute the entire set of terms between the client and Libramonte.co relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between the parties relating to such subject matter. Notices to the client may be made via posting to the website, by email or by regular mail, in Libramonte.co's discretion and as applicable. Libramonte.co may also provide notice of changes to these terms or other matters by displaying such notices or by providing links to such notices. The client agrees that a printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements, whether written or oral, relating to the subject matter of this Agreement. This Agreement may not be amended except in writing signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

Randall Libramonte
Libramonte.co