Terms Of Service

By accepting this Terms of Service / Website Agreement Form, you understand and agree to the following:

1. Definitions

1.1 "Domain Name" means the domain name specified for the Website by Customer from time to time.

1.2 "Provider Tools" means any tools, both in object code and source code form, which Provider has already developed or which Provider independently develops or licenses from a third party, excluding any tools which Provider creates pursuant to this Agreement. By way of example, Provider Tools may include, without limitation, toolbars for maneuvering between pages, search engines, Java applets, and ActiveX controls. Some or all Provider Tools used in the Website is set forth in the SOW.

1.3 "Provider's Websites" means the websites owned or operated by or for Provider or its parents or affiliates on the Internet, including, without limitation, under the domain name of www.nepmail.com, www.nepwebsites.com, www.newequityproductions.com and www.nepnewsletters.com, including co-branded or mirrored versions thereof.

1.4 "Intellectual Property Rights" means any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing).

1.5 "Marks" means a party's trademarks, service marks, trade names, logos or other commercial or product designations.

1.6 "Customer Content" means all text, pictures, Customer's sound, graphics, video, Marks and other data or materials supplied by Customer to Provider pursuant to this Agreement, as they may be modified from time to time.

1.7 "Customer's Websites" means the Internet websites owned or operated by or for Customer or its parents or affiliates, including, without limitation, under the domain names specified in the Website Content Form, including co-branded or mirrored versions thereof.

1.8 "SOW" means the Statement of Work attached hereto as Exhibit A, which is made a part of this Agreement.

1.9 "Specifications" means the mutually agreed upon features, functions and specifications for the Website set forth in the SOW, as amended or supplemented in writing in accordance with this Agreement.

1.10 "User Data" means all text, pictures, sound, graphics, video and other data collected from or generated about users of the Website.

1.11 "Website" means the user interface, functionality, and Customer Content, made available on the Internet under the Domain Name.

1.12 "Work Product" means all HTML files, Java files, graphics files, animation files, data files, technology, scripts and programs, both in object code and source code form, all documentation and any other deliverable prepared for Customer by Provider in accordance with the terms of this Agreement.

2. Website Development

2.1 Delivery of Initial Customer Content. Customer shall deliver to Provider, in accordance with the schedule set forth in the SOW, all Customer Content that Customer intends for Provider to incorporate into the initial version of the Website (the "Initial Customer Content"). The Initial Customer Content shall be delivered to Provider in the formats specified in the SOW or otherwise requested by Provider.

2.2 Development. After receipt by Provider of initial Customer Content from Customer, Provider shall use its commercially reasonable efforts to provide design, programming and other consulting services as specified in the SOW for the fees set forth in the SOW. Provider will use its commercially reasonable efforts to provide the Work Product to Customer in accordance with the delivery schedules set forth in the SOW. Provider will not be responsible for delays caused by Customer's delays or causes beyond Provider's control.

2.3 Project Liaisons. Each party's primary contact for development efforts shall be the project liaisons specified in the SOW or the person otherwise designated in writing by Customer or Provider, as the case may be.

2.4 Provider Tools. In the event any Provider Tools are incorporated into or are used in conjunction with the Website, or any Provider Tools are required to manipulate Customer Content for distribution on the Website, then Provider hereby grants to Customer for the Term of this Agreement, a worldwide, non-exclusive, non-sublicensable, royalty-free right to use, reproduce, publicly perform, publicly display, and import such Provider Tools solely in the Website. Such Provider Tools shall be designated as "powered by Provider" or such other provider determined by Provider; provided, that the primary branding on the Website shall be that of Customer. Customer shall not decompile, disassemble or otherwise reverse-engineer any Provider Tools.

2.5 Ownership of Software/Content; License. Provider shall own all right, title, and interest in and to any and all Intellectual Property Rights related to the Provider Tools and Work Product, and none of the foregoing shall be deemed work for hire. Customer shall own all right title and interest to the Customer Content. Customer hereby grants to Provider a world-wide, perpetual, irrevocable, transferable, and royalty-free license and right to reproduce, modify, display, transmit, store, develop, reproduce, decompile, disassemble, reverse engineer and otherwise use the Customer Content in connection with Provider's provision of goods or services to Customer, or, as directed by Customer, to its designee, successor, or permitted assignee. Provider hereby grants to Customer a world-wide, perpetual, irrevocable, transferable, and royalty-free license and right to use (excluding the Provider Tools and Provider Content), the Work Product solely in connection with Customer's use of the Website. All rights, not expressly granted herein, are reserved in and owned by Provider.

3. Modifications

3.1 If Customer desires to modify the Website at any time during the term of this Agreement, Customer shall describe in writing the additional services or deliverables to Provider (the "Change Notice"). Within approximately thirty (30) days of such Change Notice, Provider shall submit a change order proposal (the "Change Order") which includes a statement of any additional charges and, if the Change Notice is provided prior to initial acceptance of the Work Product pursuant to the SOW, any adjustments to the delivery schedule resulting from the proposed Change Notice. On Customer's written approval of the Change Order, the Change Order will become a part of this Agreement. Provider shall quote all charges for the Change Orders at its then-current rates.

3.2 Provider may, from time to time, modify the Website and any features, functions, Provider Tools and other components thereof. If Customer believes that the modifications made by Provider have materially and substantially reduced the features or functionality of the Website, it will notify Provider in writing and the parties will discuss the issues raised in such notice in good faith in an effort to resolve the dispute, including by a potential proportionate reduction of the fixed monthly fees payable by Customer. If the parties cannot reach agreement on the issues within 45 days, either party may terminate this Agreement with thirty (30) days written notice.

4. Web Hosting

4.1 Services. Following Customer's initial acceptance of the Work Product pursuant to the SOW, and subject to Customer's obligations set forth herein (including, without limitation, Customer's payment obligations), Provider shall provide the following web hosting services:

(a) Domain Name. If requested by Customer, Provider, at Customer's expense, shall cooperate with Customer in registering the Domain Name. Customer shall own all right, title and interest in and to the Domain Name and all Intellectual Property Rights related thereto. Unless otherwise specified by Customer, Provider shall list Customer's project liaison as the administrative, technical and billing contact.

(b) Standards. Provider shall use its commercially reasonable efforts to, except as otherwise agreed, make the Website available in accordance with the uptime standards set forth in the SOW, with the exception of scheduled maintenance periods.

4.2 Customer License. During the period that Provider provides web hosting services pursuant to this Section 4, Customer hereby grants to Provider a non-exclusive, non-sublicensable (except to affiliates or subcontractors of Provider performing services with respect to such services), royalty-free, worldwide license to reproduce, distribute, store, transmit, publicly perform, publicly display, digitally perform, reproduce, and otherwise use the Customer Content and User Data in conjunction with the Website.

4.3 Trademarks. Customer hereby grants Provider and its affiliates and subcontractors performing services in connection with this Agreement, for the term of this Agreement, a nonexclusive, royalty-free, fully-paid, non-sublicensable, worldwide license to use Customer's Marks for the purposes of creating content directories or indexes, for marketing and promoting the Website and such other purposes consistent with this Agreement. Title to and ownership of licensor's Marks shall remain with the licensor. Each party shall use the other party's Marks in conformance with any reasonable trademark guidelines.

4.4 Editorial and Artistic Control. Customer will have exclusive editorial control over the Customer Content appearing in the Website. Customer acknowledges that the exercise of its rights to editorial control may materially alter the Specifications as then in effect, and that the same may result in an extension of, or other change to the relevant delivery schedules and/or additional expense to Customer. Provider will promptly notify Customer if any change requested by Customer will result in any such extension of, or other change and/or additional expense, and will not undertake the same without Customer's prior authorization and Provider shall not be responsible for any resulting delay. Notwithstanding the foregoing, the primary purpose of the Website will be the promotion of Customer's organization and/or sale of goods offered by the customer.

4.5 User Data. Provider and Customer will jointly own all User Data. All use of such User Data shall be subject to Provider's privacy policy and Customer's privacy policy, provided that if such policies are inconsistent, Provider's privacy policy shall control.

5. E-Commerce

5.1 Promotion of the Website. Customer will actively promote the sale of Provider's services on Customer's Websites and in Customer's publications. All advertisements and links on Customer's Websites for products or services will link to the Website and all advertisements for products or services in Customer's publications will refer the reader to the Website. Customer will not advertise or promote or sell on or through the world wide web or otherwise except through the Website or otherwise through Provider.

5.2 Promotion by Provider. Provider shall have the right, in its sole discretion, to advertise and promote on Provider's Websites the sale of various web or E products and services. Such promotions, if any, will link to the Website. Any Customer advertisements on the Provider Websites will be subject to Provider's standard Terms and Conditions that are applicable to advertisers on the Provider Websites.

5.3 Advertisements on the Website.

(a) Customer shall be entitled to sell advertisements to be displayed on the Website and shall be entitled to retain the revenues generated from such sales. Customer shall comply with Provider's requirements with respect to advertisements on the Website, including, size, location, types of advertisers and types of advertisements. Customer shall be solely responsible for serving all such advertisements on the Website. Customer shall pay any associated sales, use or similar taxes payable in respect of such advertisements.

(b) Without limiting the generality of Section 5.4(a) above, Customer shall follow the advertisement guidelines for the Website as are outlined in Exhibit B of this Agreement, which is made a part of this Agreement, and which may be modified from time to time by Provider.

6. Payments

6.1 Fees. Customer shall pay Provider, and Provider shall be entitled to receive or retain, the fees and revenue share amounts as set forth in the SOW. Provider shall invoice all fees monthly, and payment is due thirty (30) days from delivery of the invoice. In addition, Customer shall pay the total amount billed for the registration of the Domain Name(s) upon receipt of invoice. Customer shall also pay all subsequent amounts billed for the registration and/or maintenance of the Domain Name(s) upon receipt of invoice.

6.2 Expenses. Customer shall reimburse Provider for all reasonable out-of-pocket travel and lodging expenses which are incurred by Provider in the performance of services hereunder within thirty (30) days after Customer's receipt of expense statements including appropriate receipts or other evidence of the expense.

6.3 Taxes. Sales, use and similar taxes shall be handled in the manner set forth in the SOW.

7. Term and Termination

7.1 Term. The term of this Agreement shall be (2) years from the date the first payment is made to NEP Websites. Thereafter, this Agreement shall automatically renew for an additional twelve (12) months, unless either party terminates upon written notice, with a minimum notice period of sixty (60) days required. Either party may terminate this Agreement for any reason after by giving ninety (60) days prior written notice to the other party.

7.2 Termination for Cause. Except as otherwise provided for herein, either party may terminate this Agreement upon the material breach of the other party, if such breach remains uncured for sixty (60) days following written notice to the breaching party; provided that a failure to pay fee and expenses in compliance with Sections 5.1 or 5.2, which is not cured within seven days of notice via electronic mail or otherwise, shall constitute a material breach for which Provider may terminate this Agreement immediately with written notice of termination.

7.3 Effect of Termination. Sections 1, 2.4, 2.56, 4.5, 6.13 and 6.2 with respect to amounts owed, 6.5, 10, 11, 12, and 13 and 14shall survive termination of this Agreement. Upon the termination of this Agreement for any reason and upon the payment by Customer to Provider of all amounts due hereunder, Provider shall promptly return all Confidential Information (as defined below) of Customer and Customer Content and copies thereof in Provider's possession. Upon the termination of this Agreement for any reason, Customer shall promptly return all Confidential Information of Provider and in its original form, all Provider Tools and copies thereof in Customer's possession and deliver the Work Product in whatever stage of completion to Provider.

8. Provider Warranties and Covenants.

Work Product Warranties. Provider warrants that any Work Product, Provider Tools or Provider-made changes to the Customer Content shall not, to Provider's knowledge: (a) infringe or misappropriate any third party copyrights or trade secrets; or (b) contain any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

9. Customer Covenants

During the period that Provider provides Web hosting services pursuant to Section 4, Customer shall not distribute on the Website or provide to Provider any Customer Content or any other text, pictures, sound, graphics, video and other data or any other materials that: (a) infringes on the Intellectual Property Rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (c) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) is obscene, child pornographic or indecent; or (e) contains any viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

10. Disclaimer of Warranties

Provider does not warrant that the operation of the Website will be uninterrupted or error-free, or that the Website is immune from fraudulent intrusion and/or unauthorized use or disclosure. Customer assumes all responsibility for assuring the proper and lawful use of the Website and all liability for any improper or unlawful use of the Website. Customer assumes all liability, which may arise in connection with any person or entity's use of the Website. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, PROVIDER OFFERS THE WEBSITE WITH NO WARRANTIES OF ANY KIND. PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF PROVIDER AND WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

11. Indemnities.

11.1 Customer Indemnity. Customer shall indemnify, defend, and hold Provider and its parents and affiliates and their respective officers, directors, shareholders, employees, agents and contractors harmless against and from any and all third party claims, actions, suits and/or proceeding which arises in any way from: (a) any breach or alleged breach of any representation, warranty or covenant of Customer contained in this Agreement; (b) the Customer Content or any other text, pictures, sound, graphics, video and other data and other materials provided by Customer; and/or (c) the sale, distribution or use of and/or (d) the sale, distribution or display of any advertisements on the Website. Customer shall indemnify Provider for all losses, damages, liabilities and all reasonable expenses (including, without limitation, attorneys' fees and expert fees) and costs incurred by Provider as a result of defense of any claim, action, suit or proceeding described herein, and any final judgment entered against Provider in any such claim, action, suit or proceeding.

11.2 Provider Indemnity. Provider shall indemnify, defend, and hold Customer and its parents and affiliates and their respective officers, directors, shareholders, employees, agents and contractors harmless against and from any and all third party claims, actions, suits and/or proceeding which arises in any way from any breach or alleged breach of any representation, warranty or covenant of Provider contained in this Agreement. Provider shall indemnify Customer for all losses, damages, liabilities and all reasonable expenses (including, without limitation, attorneys' fees and expert fees) and costs incurred by Customer as a result of defense of any claim, action, suit or proceeding described herein, and any final judgment entered against Customer in any such claim, action, suit or proceeding.

11.3 Obligations. Each party's obligation to defend, indemnify and hold harmless the other party hereunder shall be mitigated and reduced to the extent that such party has been prejudiced by a failure of the indemnified party to provide prompt notice of any and all such claims to the indemnifying party or to provide reasonable cooperation in the defense and/or settlement of such claims.

12. Confidential Information

12.1 Confidential Information; Confidentiality Obligations. Customer's "Confidential Information" are any passwords used in connection with the Website, any Customer Content which Customer designates as confidential, and any other materials of Customer which Customer designates as confidential or which Provider should reasonably believe to be confidential. Provider's "Confidential Information" is defined as the source code of any Provider Tools and source code of any Work Product, and any documentation related to same, any information or materials which Provider designates as confidential, and any other materials which Provider designates as confidential or which Customer should reasonably believe to be confidential and the terms and conditions of this Agreement, and Provider's performance or non-performance under this Agreement. Each party agrees (i) that it and its employees shall not (A) disclose to, and shall prevent disclosure to, any third party or (B) use any Confidential Information of the other party except as expressly permitted in this Agreement and (ii) that it shall take all reasonable measures to maintain the confidentiality of all Confidential Information of the other party in its possession or control, which shall in no event be less than the measures it uses to maintain the confidentiality of its own information of similar importance. The foregoing restrictions on disclosure shall not apply to Confidential Information which is (a) already known by the recipient, (b) becomes, through no act or fault of the recipient, publicly known, (c) received by recipient from a third party without a restriction on disclosure or use, or (d) independently developed by recipient without reference to the other party's Confidential Information.

12.2 Exceptions. Notwithstanding the foregoing, each party may disclose Confidential Information (i) to the extent required by a court of competent jurisdiction or other governmental authority or otherwise as required by law; provided, however that the party required to so disclose Confidential Information of the other party shall use commercially reasonable efforts to minimize such disclosure and shall provide written notice of such disclosure and consult with and assist the other party in obtaining a protective order prior to such disclosure or (ii) on a "need-to-know" basis under an obligation of confidentiality to its legal counsel, accountants, banks and other financing sources and their advisors.

13. Limitations On Liability

13. LIMITATIONS ON LIABILITY NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, ANY PURCHASE ORDER OR ANY DOCUMENT RELATED TO THIS AGREEMENT TO THE CONTRARY: (i) NEITHER PROVIDER, ITS SUPPLIERS OR ITS AFFILIATES WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY OF THE FOLLOWING: SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND; LOST PROFITS OR DAMAGES RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS OR FOR LOSS OF DATA; OR ANY OTHER DAMAGE TO INTANGIBLE PERSONAL PROPERTY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF PROVIDER, ITS SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) PROVIDER'S TOTAL LIABILITY TO CUSTOMER ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM CUSTOMER UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

14. General Provisions

14.1 Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of California without giving effect to principles of conflict of laws. Both parties agree to submit to the exclusive jurisdiction of courts in the State of California and further agree that any cause of action arising under this Agreement shall only be brought in a court in the county of Orange.

14.2 Further Assurances. The parties shall cooperate with each other, both during and after the term of this Agreement, in the procurement and maintenance of any respective rights to intellectual property created hereunder and to execute, when requested, any other documents deemed necessary or appropriate to carry out the purpose of this Agreement.

14.3 Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

14.4 Headings. Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement.

14.5 Assignment and Subcontracting. Neither party may assign its rights or delegate its duties under this Agreement without the consent of the other party, except (i) in connection with a merger, acquisition or corporate reorganization so long as such assignment does not enlarge the obligations of the other party and the assigning party remains liable under this Agreement, and (ii) Provider may delegate or subcontract some or all of Provider's obligations under this Agreement so long as Provider remains responsible to Customer. Any assignment, delegation or subcontract in violation of this Section shall be void and of no effect. The parties' rights and obligations will bind and inure to the benefit of their respective successors and permitted assigns.

14.6 Independent Contractors. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have the power to obligate or bind the other party. Personnel supplied by Provider shall work exclusively for Provider and shall not, for any purpose, be considered employees or agents of Customer.

14.7 Notice. Any notices required or permitted to be given pursuant to this Agreement shall be in writing, sent via certified mail, return receipt requested, addressed as set forth below or to such other address as may be amended or modified only in writing to the other party and shall be deemed to have been given when received.

If to Customer:

Attn: ___________________

___________________

___________________

___________________

If to Provider:

Attn: Drew Howitt

New Equity Productions, Inc.

P.O. Box 11899

Newport Beach, CA 92658

With a copy to:

New Equity Productions, Inc.

3723 Birch St., Suite 10

Newport Beach, CA 92660

Attn: General Counsel

14.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument.

14.9 Force Majeure. Neither party will be liable for delay or default in the performance of its obligations under this Agreement (other than for non-payment of earned royalties and/or fees) if such delay or default is caused by conditions beyond its reasonable control, including, but not limited to, fire, flood, accident, earthquake, telecommunications line failures, storm, acts of war, riot, government interference, strikes and/or walk-outs.

14.10 Entire Agreement. This Agreement, including the Exhibits attached hereto, sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. It may be changed only by a writing signed by both parties. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.

15. Other Legal Agreements

15.1 New Equity Productions, Inc., will maintain the confidentiality of the customer's source materials, technical and marketing plans and all other sensitive information.

15.2 The customer and New Equity Productions, Inc., are independent parties and nothing in this agreement shall constitute either party as the employer, principal or partner of a joint venture with the other party. Neither the customer or New Equity Productions, Inc., has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.

15.3 New Equity Productions, Inc., and the customer agree that any dispute arising out of this agreement shall first be resolved by mediation, if possible.

15.4 Upon full payment of all invoices due, copyright to page designs produced by New Equity Productions, Inc., for the customer, shall belong to the customer. Secondary materials created by New Equity Productions, Inc., during production, including drafts, plans, graphic source files, and templates, remain the sole property of New Equity Productions, Inc. New Equity Productions, Inc., is allowed to reuse the same template used for the customer freely and without any payment being due to the customer.

15.5 The customer is solely responsible for the editorial content of the material included on its website. Accordingly, the customer agrees that it will defend and indemnify (hold harmless) New Equity Productions, Inc., from any suit, demand, or claim resulting from the editorial content of the website.

15.6 The customer represents to New Equity Productions, Inc., and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to New Equity Productions, Inc., for inclusion in the customer's website are owned by the customer, or that the customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend New Equity Productions, Inc., and its subcontractors from any claim or suit arising from the use of such elements furnished by the customer.

15.7 If applicable, New Equity Productions, Inc., will set up web hosting for the customer with a professional hosting company known to be reliable. However, New Equity Productions, Inc., makes no guarantees as to minimum "uptime", nor shall New Equity Productions, Inc., be held responsible for any direct, indirect, special or consequential damages resulting from possible lapses in hosting services. Such possible damages include any lost profits or business interruption or loss of digital data.

15.8 New Equity Productions, Inc., will not be liable to the customer or to any third party for any damages arising from the use of website.

15.9 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.

15.10 - New Equity Productions, Inc., will warranty the website to be free from defects and to function as expected, as long as New Equity Productions, Inc., maintains the administrative login and maintenance contract for the customer.

In the event the customer decides to use a different website developer to maintain their website, New Equity Productions, Inc., is not liable for any part of the website or its function.Required Customer Information

16.1 Content and Images

You will receive a username and password sent to your email inviting you to our project management website. This website is the location where you will upload written content, images/logos/photographs, as well as view the process of your website, and leave messages for the development team.

17. Contact Information

The quickest way to contact us is by email or phone. Below is our contact information:

New Equity Productions, Inc.

PO Box 11899

Newport Beach, CA 92658

Phone (949) 270-6525

Fax (949) 270-6524