OWNERSHIP; USE OF MATERIALS AND SERVICES
All content on the Site, including but not limited to all design, artwork, graphics, text, video, audio or images and the selection and arrangement thereof (collectively, the “Content”), Materials on the Site and any Materials provided via the Services are the sole property of the Company and its licensors, if any, and are protected by copyright and other intellectual property laws. COPYRIGHT NOTICE: Copyright © 2001 HeaderDesign.com. All Rights Reserved. Any unauthorized use of the Content, Materials or Services on or available through the Site is strictly prohibited. Except as expressly provided herein, the Company and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Content, Materials and Services. Except as specifically permitted herein or with the Company’s prior written permission, you may not copy, reproduce, redistribute, publish, retransmit, transfer, modify or create derivative works, or in any way commercially exploit, any part or all of the Site, Content, Materials or Services in any form and by any means.

USER REGISTRATION
In order to download software or use certain Services and Materials on the Site, the Company requires that you register. In registering, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration forms, and (b) maintain and promptly update the information. If you provide any information that is false, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, the Company reserves the right to refuse to permit you to download the software or access or use Services or Materials.

USE OF SOFTWARE
The software and accompanying documentation that are made available for use on the Site, are the copyrighted works of the Company and/or its suppliers. Your use of any such software is subject to the end user license agreement accompanying such software. You must read the end user license agreement and indicate your acceptance of its terms prior to downloading, installing or using any such software from the Site. If you do not agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any software available on the Site.

RESPONSIBILITY FOR USE OF CONTENT
Under no circumstances shall Company or its affiliates, or any of its officers, directors, employees or agents be liable for any loss, damage or harm caused by your use of or reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, Third Party Content or other Content available through the Site. You are responsible for all risks associated with your use of any Third Party Content posted on or accessible through the Site.

USE OF SITE INFORMATION
Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on the Site subject to the following conditions:

• The documents and information may be used solely for personal, informational, internal, non-commercial purposes. (Commercial use requires special licensing and terms of use. Contact HeaderDesign.com at admin@headerdesign.com for more information.)
• The documents and information may not be modified or altered in any way.
• The documents and information on the Site may not be distributed.
• You may not remove any copyright or other proprietary rights notices contained in the documents and information.
• The Company reserves the right to revoke the authorization to download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from the Company.
• The rights granted to you herein constitute a limited, non-transferable, revocable, non-exclusive license and not a transfer of title or any proprietary rights.

USE AND PROTECTION OF USER ID AND PASSWORD
You are responsible for maintaining the confidentiality of your user ID and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

ONLINE CONDUCT
You agree to comply with all applicable treaties, laws, and regulations governing online conduct. You agree not to use the Site, Materials or Services to interfere with or disrupt the Site or servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site. You further agree not to attempt to collect or store personal data about other sites or users of the Site and that you will not attempt to gain unauthorized access to the Site, Materials, or Services or other accounts, computer systems or networks connected to the Site.

USER CONTENT
You are solely responsible for all content that you submit to the Site or when using the Services, including without limitation, the content of any input values and other information that you submit to the Company or Site in connection with the Services (“User Content”). The Company reserves the right to remove any User Content on the Site at any time and for any reason. You agree that the Company will not be liable to you in any way whatsoever for removing User Content.

You acknowledge that Company does not pre-screen User Content, but may collect and store User Content for its record keeping purposes and in order to provide you with the Services. You acknowledge and agree that Company may preserve User Content and may also disclose User Content if Company considers doing so to be reasonably necessary to (a) comply with the law or legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, interests or safety of Company, its users, connected networks or the public.

DEALINGS WITH ADVERTISERS AND PARTNERS
Your correspondence or business dealings with or participation in promotions of advertisers or businesses found on or through the Site, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or business. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the presence of such advertisers and businesses on the Site. Company expressly disclaims any endorsement of any businesses, products or services provided by third parties on or through the Site.

FEES AND PAYMENT OBLIGATIONS
When you register on our Site as a member, you may be required to pay certain membership fees to the Company. If you wish to use certain Services and Materials on the Site or delivered by HeaderDesign.com personnel, you will be required to pay additional fees. The fees for membership, Services and Materials are set out at http://www.headerdesign.com/order/index.asp. We may change our fees from time to time and such change will be effective when we provide you with prior notice of the change by posting it at the URL listed above. All fees are payable in U.S. dollars to the Company, are non-refundable and non-creditable.

You are responsible for paying all such fees and all applicable taxes before you will be accepted for membership or have access to Service and Materials. Recurring fees, for example, membership fees, must be paid prior to the expiration date of the recurring service purchased. HeaderDesign.com will notify you via e-mail thirty (30) days in advance of the expiration date of expiring Services. Your billing date is the periodic anniversary of the day your account was started. For example, in the case of annually renewable Services, if you began receiving Services on the 15th of a given month and year, you will have a billing date of the 15th of the same month the following year.

HeaderDesign.com exclusively uses PayPal as an intermediary for processing on-line payments. HeaderDesign.com will also accept checks or money orders by postal mail. HeaderDesign.com must receive clear payment for membership, Services or Materials in order to authorize your use. For instance, if you wish to pay directly by check, the check must clear bank processing before HeaderDesign.com will issue you authorization to use the for-fee Services and Materials on the HeaderDesign.com site.

TERMINATION
Company may terminate your access to the Site, Materials or Services at any time, with or without notice to you, and delete any and all information, communications, Third Party Content or User Content. Reasons for such termination include, but are not limited to, conduct that Company, in its sole discretion, believes violates the Terms of Use. You agree that Company shall not be liable to you or any third party for any termination of your access to the Site, Materials or Services.

MONITORING OF THE SITE
Company will have the right (but not the obligation) to monitor the Site to determine compliance with the Terms of Use and any Company operating rules, and to satisfy any law, regulation or government request.

DISCLAIMERS OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, ALL MATERIALS, CONTENT AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" and “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED ON THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

THIS SITE, AND THE MATERIALS AND SERVICES PROVIDED THROUGH THE SITE, COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT, MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE SUCH CONTENT, MATERIALS OR SERVICES.

THE COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS, CONTENT AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED FROM THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF LIFE, BODILY HARM, USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LINKS FROM AND TO THE SITE
This Site contains links to third-party Web sites that are not under the control of the Company. The Company makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-Company Web site, you do so at your own risk and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. The Company provides these links merely as a convenience and the inclusion of such links does not imply that the Company endorses or accepts any responsibility for the content or uses of such Web sites. The Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without further notice, any link to any of the linked sites from the Site and/or to introduce different links on the Site.

HEADERDESIGN.COM PRIVACY POLICY
Personally identifiable Information that you provide to the Company via the Site is subject to our Privacy Policy. For more information, please read our full Privacy Policy at http://www.headerdesign.com/privacy.asp.

COPYRIGHT AGENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information in writing to the Copyright Agent named below:

• Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and email address;
• Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works at the Site are covered by the notice, identify a representative list of such works;
• Identify the material that you claim is infringing, or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; and
• A statement by you, made under penalty of perjury, that the information provided in the notice is accurate and that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Our Copyright Agent is:

Dr. Rodney T. Davis
208 Hardwood Lane
Fredericksburg, VA 22408

EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of the Company’s software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, the Company’s software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading or using the Company’s software products you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Afghanistan or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All Materials are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

INDEMNITY
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, licensors or other partners, and employees, harmless from any claim, liability, loss, damage, and cost, including without limitation reasonable attorneys' fees and legal costs, arising out of or relating to your use of information, data, program output or other materials through the Site, your use of the Site, Materials, Content or Services, violation of the Terms of Use, or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION
The Site (excluding linked sites) is controlled by the Company from its offices within the state of Virginia, United States of America. By accessing the Site, you and the Company agree that all matters relating to your access to, or use of, the Site, the Materials or Services shall be governed by the statutes and laws of the State of Virginia, without regard to the conflicts of laws principles thereof. You agree that any disputes arising out of or relating to your use of the Site, Services or Materials or the Terms of Use shall be subject to the jurisdiction of the courts located in Spotsylvania County, in the State of Virginia. The Company makes no representation that the Content, Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. The Company does not condone violation of any laws or regulations by its users including, but not limited to, traffic laws and automobile emissions laws.

TRADEMARK INFORMATION
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of the Company or its licensors. You are not permitted to use the Marks without the prior written consent of the Company or the third party that owns the Marks.

GENERAL INFORMATION
The Terms of Use, Privacy Policy and any end user license agreement between you and the Company together constitute the entire agreement between you and the Company, superceding any prior agreements or understandings between you and the Company with respect to the Site, Services or Materials. The Terms of Use may only be modified by the Company posting the change on the Site. The Company’s waiver of any term or breach thereof must be in writing and signed by an authorized representative of the Company, and any such waiver shall not constitute a waiver of any other term or breach. In the event that any of the terms herein are found to be illegal or unenforceable, the remainder of the Terms of Use will remain in effect and be construed without the unenforceable provision. You may not assign your rights and obligations under the Terms of Use to any third party without the prior written consent of the Company. The Company may assign its rights and obligations under the Terms of Use without your consent. These Terms of Use shall survive any termination of your right to use the Site, Materials or Services.

If you have any questions concerning these Terms of Use, or desire to contact the Company for any reason, please direct your inquiry to: