IMPORTANT: READ THESE TERMS CAREFULLY BEFORE PURCHASING ANY PRODUCT OR SERVICE FROM TEMPLATEFREAK.COM. BY PURCHASING ANY PRODUCT OR SERVICE, OR SIGNING UP AS A MEMBER, AFFILIATE, OR USER OF TEMPLATEFREAK.COM, YOU (THE "LICENSEE") ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER, MEMBER, OR AFFILIATE OF TEMPLATEFREAK.COM AND YOU ARE NOT AUTHORIZED TO PURCHASE ANY PRODUCT OR SERVICE FROM THIS SITE. ADDITIONALLY, YOUR FAILURE TO AGREE TO THESE TERMS AND CONDITIONS SHALL RESULT IN THE AUTMATIC REVOCATION OF ANY LICENSE THAT MAY HAVE BEEN GRANTED. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT IT IS YOUR RESPONSIBILITY TO EXIT TEMPLATEFREAK.COM, IMMEDIATELY CEASE AND DESIST FROM PURCHASING ANY PRODUCT OR SERVICE FROM TEMPLATEFREAK.COM, AND TO DELETE ANY WORKS, PRODUCTS, AND DOCUMENTATION RELATED TO TEMPLATEFREAK.COM FROM YOUR COMPUTER.

1. License. Subject to the terms and conditions of this Agreement, including, without limitation, Section 1 hereof, TEMPLATEFREAK.COM, and its agents, representatives, officers, directors, parent corporations, associated entities, and designers (hereinafter "TFC") hereby grants to Licensee, during the Term (as defined below), a limited, a non-exclusive license (the "License") to the use of website template’s, designs, creatives, or other independent third party products listed for sale on the website (the Products).
   
   
   • Each individual purchase of a Product shall constitute a singular limited license grant to the Purchaser/Licensee for the use and installation of such Product on a single website only. Licensee understands, acknowledges, and agrees that Licensee has only been granted a singular limited license for the use of the Product, and Licensee shall purchase additional licenses for each additional website or use of the Product.
   • Licensee may under the terms of this Agreement: Install and use the Product on one website (commonly referred to as a domain name, domain location, and or webpage) only, such limitation shall be for the entire universe.
   • You are authorized to make any necessary modification(s) to our products to fit your purposes. Any and all written content, words, phrases, and images that may be included in a Product at the time of purchase are expressly exempt from this Agreement and you acknowledge that no such license, grant, transfer, or rights have been transferred or afforded to you. TFC makes no grant, warranty, or representation as the availability of any content and further you represent and warrant that you shall remove, delete, any content, images, words, or phrases prior to your use of any Product. Images cannot be exported from the templates source files.
   • You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent of TFC.
2. Termination. This Agreement and the License hereunder shall be in effect from and after the date Licensee purchases any Product or Service from TFC in accordance with the terms and conditions hereof and shall continue perpetually unless terminated in accordance with this Agreement. This Agreement shall be automatically terminated upon any breach by Licensee of any term or condition of this Agreement. Such period shall be referred to herein as the "Term". Within five (5) business days of any such termination, Licensee shall return the Product to TFC (or, at TFC's sole discretion and only at TFC's direction, destroy the Product and certify in writing to TFC that said Product has been destroyed). Upon return of the Product or upon receipt of notice of the destruction of the Product, as appropriate, this Agreement shall terminate and TFC shall have no further obligations to Licensee. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 hereof shall survive the expiration or termination of this Agreement for any reason.
3. Intellectual Property Rights. Licensee hereby acknowledges and agrees that TFC, its licensors, and or independent content providers and third parties, own and retain all rights, title, and interest in and to the Product, regardless of the form or media in or on which the original or other copies may subsequently exist including, without limitation, all copyrights, trademarks, patents and trade secret rights inherent therein or appurtenant thereto. This Agreement shall not constitute a sale of the Product and no title or proprietary rights to the Product are transferred to the Licensee hereby. Licensee acknowledges that the Product is a unique, confidential and valuable asset and trade secret of TFC, its licensors, and or independent content providers and third parties, and TFC shall have the right to obtain all equitable and legal redress which may be available to it for the breach or threatened breach of this Agreement including, without limitation, injunctive relief.
4. Refund Policy. TFC is offering non-tangible licensed goods we do not issue refunds after the product is shipped, downloaded, transmitted, or obtained by you in any form. You are responsible for understanding upon purchasing any Product at our site that no refunds will be issued for any reason whatsoever. Please send an email to our customer service department (admin@templatefreak.com) if you have any questions regarding this policy.
5. Antifraud Check. Your purchase may be suspended for a manual antifraud check for anywhere between 5 minutes and 48 hours. This check is typically done if an email/card has been flagged by our service before or if a significant amount of templates are purchased. Antifraud checks occur because of the growing number of fraud transactions occurring by people stealing identities and/or credit card information.
6. Accountability for Theft. If you purchase a Product from us and we see the site design being used you are liable to prove the validity of your purchase of the design to us. This can be done by simply referencing your account or your name and we can check it against our purchase database. If you cannot prove the validity legal action will be taken against you immediately.
7. Policy Changes. TFC may update this Agreement and or change its Terms, Policies, or procedures without notice or notification to you. TFC may send an email out to the current users of TemplateFreak.com that have and in some circumstances have not purchased a Product, notifying such users of such changes. TFC retains the right to refuse service to any user, deny transactions, and substitute any similar product for another without notification.
8. .Warranty; Disclaimer. THE PRODUCT IS BEING LICENSED HEREUNDER WITH NO WARRANTY WHATSOEVER.
9. LICENSEE ACKNOWLEDGES THAT ITS USE OF THE PRODUCT IS AT ITS OWN RISK. THE PRODUCT IS PROVIDED SOLELY ON AN "AS-IS" BASIS. TFC AND ITS LICENSORS MAKE, AND LICENSEE RECEIVES, NO WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. TFC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. TFC DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT SHALL BE OPERABLE UNINTERRUPTED OR ERROR FREE OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT.
10. No Liability. IN NO EVENT SHALL TFC OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CASE AND ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO LICENSEE. WITHOUT LIMITATION OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL LICENSOR'S TOTAL AGGREGATE LIABILITY TO LICENSEE AND ANY OF ITS SUB-LICENSEES (REGARDLESS OF THE LENGTH OF THE TRAIL OF SUBLICENSES) FOR ANY AND ALL CLAIMS ARISING HEREUNDER, INCLUDING WITHOUT LIMITATION ARISING OUT OF YOUR USE OF THE PRODUCT, EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100.00).
11. Indemnity. Licensee will, at its own expense, defend any action brought by a third party, government agency, or any entity against TFC to the extent that such action is based on a claim arising from or relating to: (a) Licensee's use of the Product, (ii) any distribution of the Product by Licensee or by any of or by any sub-licensee, regardless of privacy of contract and regardless of the length of the trail of sublicenses, (iii) any claims based upon warranties, guarantees or representations made by Licensee or any of its employees, agents, affiliates, third parties, or sub-licensees; (iv) any use of the Product by any of the foregoing sub-licensees; or (v) any claim for copyright, trademark, or other intellectual property infringement claims. TFC shall have the exclusive right to control such defense. In no event shall Licensee settle any such claim, lawsuit or proceeding without TFC's prior written approval.
12. Binding Arbitration. Any controversy or claim arising out of or relating to this Agreement or the relationship resulting in or from this Agreement shall be settled through binding arbitration in accordance with the Expedited Commercial Arbitration Rules of The American Arbitration Association, 140 West 51st Street, New York, New York 10020-1203. Any award rendered by the arbitrator(s) shall be entered as a judgment or order and may be confirmed or enforced by either party in any state or federal court having competent jurisdiction thereof. If LICENSEE brings or appeals any judicial action to vacate or modify any award rendered pursuant to arbitration or opposes the confirmation of such award the Licensee bringing or appealing such action or opposing confirmation of such award does not prevail, such Licensee will pay all of the costs and expenses (including without limitation, court costs, arbitrators’ fees and expenses and reasonable attorneys’ fees) incurred by TFC in defending such action. Additionally, if Licensee brings any action for judicial relief in the first instance without pursuing arbitration prior thereto, the Licensee bringing such action for judicial relief will be liable for and will immediately pay to TFC all of TFC’s costs and expenses (including without limitation, court costs and attorneys’ fees) to stay or dismiss such judicial action and//or remove it to arbitration. The failure of TFC to exercise any rights granted hereunder will not operate as a waiver of those rights. The arbitrators will not be empowered to award punitive damages. The consent of the parties to arbitrate their disputes shall survive termination of this Agreement. If this Agreement is found to not be subject to arbitration, each party herein consents, agrees, and affirmatively waives any right to a jury trial in any proceeding. The parties consent and agree that jurisdiction and venue shall be in within the Middle District of Florida in and for Sarasota County.