Terms and Conditions

Current as of October 1, 2009

ACCEPTANCE OF TERMS

Good Egg Design provides the information on
this Web site and all related services as provided in these
Terms of Service (“TOS”). Hereinafter, Good Egg Design
may be referred to as the "the company," "we," "us," or other
first-person pronouns. The customer placing the order, may be
referred to as "member," "user," "guest," "registrant," "you,"
"your," or other second-person pronouns. Good Egg Design may update the TOS
at any time and without prior notice by posting a new version at

http://www.GoodEggDesign.com/terms-and-conditions/

. The information on this site and your use of it is
subject to the most recent version of the TOS posted. Users
should ensure that the date at the top of this document is
current by clicking the "Refresh" button in their web browser.
Good Egg Design will not be held liable for any personal internet
settings that impede a user’s ability to view the most recent
version of Good Egg Design’s Terms of Service.
When choosing the “I agree to Terms of Service” option when
placing an order for services with the company, you agree to be
bound by the Terms of Service contained herein.

DESCRIPTION OF SERVICE

Good Egg Design provides you with limited access
where applicable to web
server files, form submission software, blog software, forum boards,
control panel software, and a variety of other services
(“Good Egg Design Services”). Unless explicitly stated otherwise, any new
features that augment or enhance the current services provided
shall be subject to the TOS.

YOUR REGISTRATION OBLIGATIONS

In consideration
of your use of Good Egg Design Services, you represent that you are
of legal age to form a binding contract and are not a person
barred from receiving services under the laws of your
geographical location or other applicable jurisdiction. You also
agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by Good Egg Design’s various
registration forms, (the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or
Good Egg Design has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
the company has the right to suspend or terminate your account
and refuse any and all current or future use of Good Egg Design Services (or any
portion thereof).

Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our
full privacy policy at

http://GoodEggDesign.com/privacy/.

CONDUCT

You
understand that all information, data, text, software, graphics
or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person
from whom such Content originated. This means that you, and not
Good Egg Design, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via
Good Egg Design Service. We do not control the Content posted via
Good Egg Design Service by you and, as such, do not guarantee the accuracy,
integrity or quality of such Content. Under no circumstances
will Good Egg Design be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or any
loss or damage of any kind incurred as a result of the use of
any Content posted, emailed, transmitted or otherwise made
available via Good Egg Design Service. You agree to not use
Good Egg Design
Service to:

(a)
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another’s privacy, hateful, or racially, ethnically
or otherwise objectionable or harm minors;

(b)
impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;

(c)
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through
Good Egg Design Service;

(d)
upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or other relationships;

(e)
upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;

(f)
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," or any other form of solicitation;

(g)
upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment that you have been given access to
through Good Egg Design Services;

(h)
disrupt the normal use, or otherwise act in a manner that
negatively affects other users’ ability to engage in use of
Good Egg Design Services;

(i)
interfere with or disrupt Good Egg Design Service or servers or networks
connected to Good Egg Design Service, or disobey any requirements,
procedures, policies or regulations of networks connected to
Good Egg Design Service;

(j)
intentionally or unintentionally violate any applicable local,
state, national or international law;

(k)
"stalk" or otherwise harass another; and/or;

(l)
collect or store personal data about other users in connection
with the prohibited conduct and activities set forth in
paragraphs above.

You acknowledge that Good Egg Design may or may not pre-screen
Content, but that the company and its designees shall have
the right (but not the obligation) in their sole discretion to
pre-screen, refuse, move, or remove any Content that is
available via Good Egg Design Service and which violates the TOS. You
agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that Good Egg Design may access, preserve
and disclose your account information and Content if required to
do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e)
protect the rights, property or personal safety of Good Egg Design
itself, its users, and the public.

CONTENT MADE AVAILABLE FOR INCLUSION ON Good Egg Design SERVICE

Good Egg Design does not claim ownership of Content you submit or make
available for inclusion via Good Egg Design Service.
However, with respect to Content you submit or make available
for inclusion on the publicly available Good Egg Design Services, you
irrevocably grant us the perpetual, worldwide, royalty-free and
non-exclusive license, with the right to sublicense through
multiple tiers of sublicensees, to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such
Content, in whole or in part, on Good Egg Design Service or other
publications by Good Egg Design in any media whether now existing or
which come into the existence into the future and to provide
that information under the TOS.

INDEMNITY

You
agree to indemnify and hold Good Egg Design and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from any claim or demand, including but not limited to
reasonable attorneys’ fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise
make available through the Service, your use of Good Egg Design Service,
your connection to the Service, your violation of the TOS, or
your violation of any rights of another.

MODIFICATIONS TO Good Egg Design SERVICES

You acknowledge that Good Egg Design may establish general practices and limits
concerning use of Good Egg Design Service, including without limitation
the maximum amount of disk space employed by your account, the
maximum number of days that email messages, message board
postings or other uploaded Content will be retained by
Good Egg Design Service. You further acknowledge that Good Egg Design reserves the right to
modify these general practices and limits from time to time.
Good Egg Design reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, Good Egg Design Service (or
any part thereof) with or without notice. You agree that
Good Egg Design shall not be liable to you or to any third party for any
modification, suspension or discontinuance of Good Egg Design Service.

TERMINATION

You agree that Good Egg Design may terminate your access to
Good Egg Design Services for violations of the TOS and/or requests
by authorized law enforcement or other government agencies.

LINKS

Good Egg Design may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Good Egg Design has no
control over such sites and resources, you acknowledge and agree
that Good Egg Design is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products or
other materials on or available from such sites or resources.
You further acknowledge and agree that Good Egg Design shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available
on or through any such site or resource.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF Good Egg Design SERVICE IS AT YOUR SOLE RISK. Good Egg Design
Services IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Good Egg Design AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.

Good Egg Design AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND
LICENSORS MAKE NO WARRANTY THAT (i) Good Egg Design SERVICE WILL MEET
YOUR REQUIREMENTS; (ii) Good Egg Design SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE and (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF Good Egg Design SERVICE WILL BE ACCURATE OR
RELIABLE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Good Egg Design OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Good Egg Design AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF Good Egg Design HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE
INABILITY TO USE Good Egg Design SERVICE.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Good Egg Design respects the copyright of others, and we ask our users to do the
same. Good Egg Design may, in appropriate circumstances and at its
discretion, disable and/or terminate the access of users who may
be repeat infringers. If you believe that your work has been
copied in a way that constitutes copyright infringement, please
provide Good Egg Design’s Copyright Agent the following information:

(a)
an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright;

(b)
a description of the copyrighted work that you claim has been
infringed;

(d)
your address, telephone number, and email address;

(e)
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law;

(f)
a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement
between you and Good Egg Design and governs your use of Good Egg Design Service,
superseding any prior agreements between you and Good Egg Design with
respect to Good Egg Design Service.

Choice of Law and Forum. The TOS and the relationship between
you and Good Egg Design shall be governed by the laws of the Province of
Ontario, Canada, without regard to its conflict of law provisions. You
and Good Egg Design agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of
Essex, in the province of Ontario, Canada.

Waiver and Severability of Terms. The failure of Good Egg Design to exercise
or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected
in the provision, and the other provisions of the TOS remain in
full force and effect.

Current as of October 1, 2009

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