This Website/Ordering Engine Design and Services Agreement (“Agreement”) is entered into by and between BigHoller.com, LLC (“Company”) and ____________________ (“Customer”).

1. Website Creation or Ordering Engine Creation. Customer hereby agrees to engage the Company for the website services described herein utilizing the Company website BigHoller.com, any replacement of BigHoller.com or the Customer’s own website (the “Website”).

2. Price. All prices are detailed on Exhibit A attached hereto. Payment is due within 10 days of invoice. Customer balances which remain unpaid after 15 days of the due date can result in the disable of the Website by the Company, and also can be subject to late charge.

3. Delivery. Company shall use its reasonable efforts to deliver the Website to Customer.

4. Content of the Website/Ordering Engine. Customer shall be responsible for content and result of the content of the Website/Ordering Engine. The content includes but is not limited to products, prices, and any messages or information published on the Website/Ordering Engine. Customer shall comply with all applicable rules, laws, and regulations in connection with the content of the Website/Ordering Engine. Company reserves the right to refuse to display information it believes to be false, derogatory or offensive. Customer represents that any elements of text, graphics, photos, designs, trademarks or other artwork forwarded to Company for inclusion in the Website/Ordering Engine are owned by Customer, or that Customer has permission from the rightful owner to use, and will hold harmless, protect and defend Company from any claim or suit occurring from the use of such elements.

5. Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTACT, OR TORT, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO COMPANY.

6. Cancellation of the Website/Ordering Engine. Customer can request in writing to cancel the Website any time after 1 month. The Company can also cancel the Website/Ordering Engine upon [10] days written cancellation notification to Customer.

7. Website/Ordering Engine Ownership. Company owns all of the intellectual property rights associated with the Website/Ordering Engine. Customer may not transfer Website/Ordering Engine to another hosting provider. Company reserves the right to use the Website name in any manner in any and all commercial venues. Customer maintains all rights to Web site name (URL).

8. Miscellaneous.

a) This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of the State of New Jersey and shall be deemed to be executed and performed in Morris County, New Jersey

b) Prices for Website specified herein are exclusive of all city, state and federal taxes, including, without limitation, taxes on manufacture, sales, receipts, gross income, occupation, use and similar taxes.

c) Company shall not be deemed to be in default of any provision of this Agreement, or for failures in performance, resulting from acts or events beyond its reasonable control. Such acts shall include but not be limited to acts of God, civil or military authority, civil disturbance, war, strikes, fires, other catastrophes, labor disputes, parts shortages, or other events beyond Company’s reasonable control.

d) No action, regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of action arose, or in the case of non-payment, more than two years from the date of last payment.