Website Services Terms

1) Scope of Agreement

a. Introduction. Xtreme Websites® (“Xtreme,” “Agency,” “we,” or “us”) provides a comprehensive range of professional web design, development, and managed hosting services (the “Services”). This Agreement governs the relationship between the Agency and the entity purchasing these Services (the “Client,” “you,” or “your”).

b. Managed Ecosystem & Service Tiers. Services are delivered as a fully managed experience across various specialized project types as detailed in Section 5. Every project is backed by our All-Inclusive Managed Warranty as detailed in Section 8, ensuring that the Website’s platform, database architecture, and custom code remain secure, optimized, and maintained by the Agency.

c. Mandatory Acceptance & Electronic Consent. Access to the Services and the completion of any order is strictly contingent upon the Client’s review and affirmative acceptance of these Website Terms.

• Binding Digital Signature: By clicking “I Accept,” “Place Order,” or otherwise proceeding with a purchase, Client provides an electronic signature that is the legal equivalent of a handwritten signature.
• Data Collection for Verification: To ensure the integrity of this Agreement, Xtreme collects and archives personally identifiable data at the time of the order, including but not limited to: IP address, the specific version of the Agreement accepted, timestamp of the order, and device metadata.

d. Effectiveness. These Website Terms are incorporated by reference into any Service Agreement or order. They become effective on the date the order is placed (the “Effective Date”) and remain in effect until terminated as provided in Section 10. In consideration of the mutual covenants set forth herein, the parties agree to be legally bound by these terms.

 2) Platform Provisions

The following provisions apply to all website projects, database-driven modules, and custom architectures included within the Website’s Platform.

a. Feature Evolution & Maintenance. Xtreme Websites® provides access to a dynamic tech stack that evolves alongside industry standards and emerging technology.

• Right to Modify: Agency reserves the right to modify, replace, or discontinue any website type, addons, modules, or introduce new technology options, without prior notice as third-party APIs, Artificial Intelligence, or security protocols change.
• System Updates: Agency performs regular maintenance to ensure Websites Platform security and performance. Agency is not liable for incidental business interruptions resulting from such updates or third-party program limitations.

b. Integration Dependencies & Automator Widgets. The Platform’s functionality and the successful launch of any website project are contingent upon integration with various third-party assets (e.g., Google Search Console, Domain Registrars, Automator Widgets).

• Automator Widget Dependency: Certain high-level conversion features, including dynamic review widgets, custom forms, custom surveys, calendars, real-time chat widgets, and advanced lead-tracking workflows, are functional only through active integration with an Xtreme Automator® account.
• Subscription Requirement: Client acknowledges that if the Xtreme Automator® subscription is cancelled or suspended, all related widgets and integrated marketing elements will be automatically deactivated and removed from the website.
• Cooperation Requirement: Client is strictly responsible for providing the necessary administrative access and credentials required to facilitate these connections.

c. Access and Conduct. Access to the Websites Platform management dashboard is a license granted for legitimate business operations and is contingent upon the following:

• Security: Client must maintain strict confidentiality of all passwords. Any attempt to circumvent security or interfere with site operations is strictly prohibited.
• Monitoring: All traffic is logged and monitored for potential abuse. Evidence of unauthorized activity will be disclosed to law enforcement as necessary.

d. Restricted Content & Prohibited Industries. To protect the reputation and deliverability of the Platform, Client shall not use the Services for any illegal activity or to promote businesses related to prohibited industries (including but not limited to: unlawful goods, pornography, gambling, guns, or the sale of social media engagement).

e. Third-Party “As-Is” Disclaimer. The Platform relies on external data sources and third-party APIs.

• No Guarantee of Accuracy: Accuracy, uptime, or consistent availability of data from third-party providers (e.g., Google Search Console, Google Analytics) cannot be guaranteed by the Agency.
• Assumption of Risk: Any business decisions made by the Client based on platform analytics or assistance provided by Xtreme Websites® are at the Client’s own risk.

 3) Project Management & Strategic Setup

a. Project Management System. A dedicated Website Development Project will be established within the Client Area to serve as the official record for progress tracking, task management, and centralized communication.

b. Mandatory Owner-Admin Initial Setup. To ensure system integrity and security, the initial Discovery Questionnaire and Onboarding Forms must be completed by the Client’s Owner or a designated high-level Administrator.

c. The Brand XDNA™ Acceleration. To expedite the onboarding phase, Client is granted access to Xtreme’s proprietary Brand XDNA™ software.

• Automated Data Extraction: This tool is designed to crawl the Client’s existing digital presence to automatically extract and populate core business data, including: About the Company, Contact Information, Service Descriptions, Brand Logos, Imagery, and Brand Color Palettes.
• Client Verification Mandate: While the Brand XDNA™ tool significantly reduces manual entry, the Client is strictly responsible for reviewing, correcting, and finalizing all extracted data.
• Production Reference: Client acknowledges that Xtreme’s team of content creators, designers, and developers will utilize the finalized Brand XDNA™ output as the “Source of Truth” for website construction. Agency is not liable for content errors or design misalignments resulting from inaccurate or unverified data provided via the Brand XDNA™ interface.

d. Assigned Client Tasks & Timeliness. While the Agency manages the majority of technical execution, the Initial Term requires specific Client-side onboarding tasks (e.g., providing high-resolution assets or accessing external accounts).

• Instructional Resources: The Project Area provides instructional videos and detailed descriptions to assist the Client in completing these tasks.
• Timeliness Mandate: Client acknowledges that completing these tasks promptly is essential. Delays in Client-side onboarding directly impact the project timeline and do not constitute a failure of service or grounds for billing suspension.

e. Technical Setup & Performance Configuration. The agency performs a comprehensive technical configuration of the Client’s digital environment. This includes enterprise-grade server provisioning, Content Editor (CMS) optimization, and proprietary database architecture. Specialized configuration also covers technical SEO (Schema markup and metadata), CDN management for global speed optimization, and the hardening of the managed security firewall.

f. Branded Asset Integration. Following the verification of the Brand XDNA™ profile, the Agency integrates customized digital resources that reflect the Client’s brand identity, ensuring a professional and cohesive presence across the website and all Platform-generated modules. Exception: If the Client acquires a professional Brand Logo from Xtreme, the branding, color schemes, and aesthetic direction will be derived exclusively from that Agency-produced asset and applied across the website and any concurrent marketing assets.

4) Training & Strategic Support

To ensure the Client is equipped to maximize the Website’s Platform, the Agency provides the following support infrastructure. These channels are the exclusive methods for seeking technical or strategic assistance:

a. 24/7 Knowledge Base & Help Center. Client is granted unlimited access to a comprehensive, on-demand library of training videos, step-by-step tutorials, and platform documentation. This resource is designed to provide immediate answers for platform navigation and feature utilization at any time.

b. Official Platform Support (Ticketing System). Technical issues or operational inquiries must be submitted via the official Support Ticket system within the Client Area.

• Response Times: Agency provides a standard response window of 24–48 hours, although most inquiries are addressed significantly sooner.
• Exclusivity of Channel: To ensure transparency, track resolution progress, and maintain a historical record of support, no support requests via Email, SMS, or Phone Calls will be accepted. All technical inquiries must be documented through the ticketing system to receive a resolution.

c. Strategy Sessions. Collaborative, high-level meetings with Agency experts are available to align platform tools with the Client’s specific business objectives.

• Session Allocation: The frequency and total number of sessions are strictly governed by the specific Service Package selected by the Client at the time of purchase.
• Scope of Sessions: These meetings are intended for high-level strategy and growth planning; technical troubleshooting should be directed to the Support Ticketing system to ensure session time is used efficiently.

 5) Website Project Types

We provide a wide range of website project types precisely selected to align with your specific business goals. All projects are protected by our All-Inclusive Managed Warranty to ensure the ongoing security, stability, and managed integrity of your digital assets.

a. Turnkey Websites™. Industry-standard digital presences designed for rapid deployment, focusing on professional brand representation and core lead generation.

b. Turnkey eCommerce™. Essential digital retail architecture designed for streamlined product management and secure digital transaction processing.

c. Xtreme eCommerce™. Enterprise-grade commerce platforms featuring advanced business eCommerce logic and automated store operations.

d. Xtreme Platforms™. Income-generating, self-sustaining database-driven platforms designed for complex models such as Online Education (LMS), Membership portals, or Online Directories.

e. Xtreme Sales Funnel™. ROI-focused website architecture featuring landing page sequences and lead capture logic. Note: Use of this type requires an active Xtreme Automator® subscription.

 6) Service Deliverables & Addons

All deliverables, page counts, and specific feature sets depend on the respective website’s package selected at the time of purchase.

a. Expert Custom Web Design. Every project features high-fidelity, Responsive Web Design optimized for performance. Visual direction is derived from the verified BrandCrawl™ profile and specific creative requests.

b. Website Images & Visual Assets. To ensure the highest professional aesthetic, the Agency follows a strict protocol for visual asset integration:

• Client-Provided Imagery: Agency will prioritize the use of images and photography provided by the Client, provided such assets meet the Agency’s “High-Quality Standard” (e.g., proper resolution, lighting, and composition).
• Agency Procurement: If the provided images do not meet professional standards or if specific visual gaps exist, the Agency will procure relevant royalty-free images at no additional cost to the Client to ensure the website’s technical and aesthetic integrity.

c. Professional Content Writing & Optimization. The agency provides industry-specific content creation tailored to the Client’s vertical.

• Content Sourcing: Content is synthesized using reference material from the verified Brand XDNA™ profile, the Client’s legacy website (if applicable), and Agency-led research into industry-specific high-value topics.
• Optimization: All copy is professionally optimized for search engine readability and conversion. Client maintains access to the Platform for ongoing day-to-day content updates.

d. Foundation Search Engine Optimization (SEO). Every build includes foundational SEO protocols to ensure the website is indexed and discoverable for the Business Name and top Service Keywords.

• Technical Scope: Includes proper H1:H6 heading structures, metadata optimization, image alt-text, Google Search Console setup, and manual Sitemap submission.
• The Organic Ranking Limitation: While these foundation protocols allow search engines to display the website for the specific business name, they do not guarantee ranking for high-competition keywords.
• Strategic Expansion: Client acknowledges that although organic rank improvement is common after new website launch, specific competitive keyword rank improvement requires the addition of our Local Search Boosters™ or Ranking Boosters™ service through a Digital Marketing Plan.

e. Comprehensive Website Analytics & Reporting. Real-time integration of advanced tracking tools to monitor visitor behavior and technical performance.

• Metric Depth: Analytics include granular data such as visitor country, browser type, device metadata, traffic sources, top pages visited, and conversion events.
• Reporting: Client is granted 24/7 access to the Analytics Dashboard to facilitate data-driven business decisions and will receive a Comprehensive Monthly Performance Report delivered automatically via the Platform.

f. Additional Professional Services

• Marketing Services: A data-driven strategy is essential for sustained growth. A comprehensive Marketing Audit can be completed at no cost, allowing our experts to recommend a specific growth strategy or a tailored Digital Marketing Plan. All marketing-related services are governed by the terms found at: https://xtremeplatform.com/legal/marketing-terms/.
• Branding Services: Clients may purchase specific branding products, including professional graphic design, content writing, and video production, at any time through our Branding Shop. These services are available as one-time projects or at a discounted recurring rate to complement active campaigns. Branding services are bound by the agreement at: https://xtremeplatform.com/legal/branding-terms/.
• Custom Development: Expert assistance is available for complex technical requirements, including custom code, advanced automation workflows, the development of new software applications, and deep-level third-party integrations.
• Custom Modules: Optional modules are available to expand the core functionality of your digital ecosystem and can be added to your subscription at any time. These include, but are not limited to: Professional Blogs, Dynamic Pages, and Multi-language support modules.
• Additional Pages & Content: Clients may request the development of additional web pages, landing pages, or specialized funnel steps beyond the initial project scope. These additions are quoted based on design complexity and content requirements.
• eCommerce Add-ons & Modules: Specialized enhancements for digital commerce are available to optimize the customer journey. These include, but are not limited to: Advanced Product Filtering, Conditional Pricing Logic, Abandoned Cart Recovery engines, and others

g. Technical Integrity Restriction. To maintain the Platform’s All-Inclusive Managed Warranty and ensure system stability, the Client is strictly prohibited from accessing, modifying, or attempting to install any external software, core technical system settings, or backend server configurations.

h. Custom Integration Requests. Upon request, the Agency will integrate specific third-party tracking (e.g., Meta Pixel, LinkedIn Insight Tag) or external API services. These requests are subject to technical feasibility and will be quoted as an additional cost based on complexity.

7) Domain & Automator Integration

a. Domain Selection & Project Scope. The choice and registration of the domain name (URL) are the sole responsibility of the Client. The Client’s failure to select, provide, or finalize a domain name does not affect the successful delivery of the website development deliverables or the commencement of billing.

b. Domain Provisioning Options. Xtreme provides three primary methods for domain integration: (i) purchasing a new domain through the Agency, (ii) connecting an existing domain via DNS records, or (iii) transferring an existing domain to the Agency’s management platform.

c. Consolidation Recommendation & Ownership. To ensure all digital assets are managed under a single, cohesive infrastructure, the Agency recommends transferring the domain to Xtreme’s management.

• Ownership Integrity: Regardless of the integration method, legal ownership of the domain remains exclusively with the Client. Xtreme acts solely as the technical administrator.
• Tenure Continuity: If the Client elects to transfer an existing domain, no prior tenure is lost: the existing registration period remains intact, and one (1) additional year is added to the expiration date upon successful transfer.
• External Transfers: The Client will be eligible to perform an external transfer or transfer out of any domain managed or registered by the Agency as long as the account remains in good standing with zero past due balances, open collection files, or pending invoices outstanding.

d. Domain Management. Client or Agency Admin may manage domain access and DNS records to facilitate connections with Platform assets, including websites, marketing funnels, and email services.

e. Domain Transfers & Registrar Support. Client is strictly responsible for completing technical prerequisites, including unlocking the domain, obtaining Authorization (EPP) codes, and contacting their current registrar for support.

f. Assistance Disclaimer. While Xtreme may provide guided support at no additional cost, Agency is not liable for impediments caused by third-party registrars, such as mandatory transfer locks, uncooperative user interfaces, or malfunctions of the existing legacy website.

g. Old Website Malfunction. If an existing website becomes inaccessible due to registrar-side issues during the transfer process, Xtreme may, at its sole discretion, deploy a temporary landing page to maintain a digital presence until the new Platform-hosted site is ready for publication.

8) All-Inclusive Warranty Service

The Warranty provides a “Done-For-You” technical environment where the Agency assumes full responsibility for the Platform’s health:

• Website Hosting & Maintenance. Professional hosting with enterprise-grade infrastructure and 24/7 technical oversight.
• Content Management System. Access to the proprietary Platform for secure content updates and management.
• Managed Technology Updates. Regular proactive updates to the underlying system architecture to ensure peak performance.
• Performance Tracking & Reporting. Ongoing monitoring of site speed, visitor metrics, and SEO health.
• Daily Backup & Recovery. Automated redundant backups to ensure data integrity and rapid restoration if necessary.
• Speed Optimization. Continuous refinement of code and asset delivery to maintain industry-leading load times.
• Hacking & Spam Firewall. Advanced security layers and managed firewalls to protect against malicious intrusions and spam.
• Ongoing Technical Support. Guaranteed technical resolution for any system-related malfunctions via the ticketing system.

 9) Billing, Fees, and Payment

a. Fee Structure and Taxes. Client agrees to all fees and payment terms outlined during the registration or checkout process.

• USD Currency: All fees are quoted and payable in United States Dollars (USD).
• Taxes: Fees are exclusive of sales tax or governmental assessments, which are the sole responsibility of the Client.

b. The 30-Day Subscription Trigger. To ensure continuity of Managed Infrastructure, the “All-Inclusive” monthly subscription fee shall automatically commence upon the earliest of: (i) the submission of the Website Completion Questionnaire, (ii) the date the website is deemed ready for publication by the Agency, or (iii) exactly thirty (30) days from the Effective Date.

• Billing Integrity Mandate: Delays in Client-side approvals or material submissions do not constitute a failure of service and shall not pause or delay the commencement of monthly billing.

c. Payment Authorization & Automated Billing. Client must maintain a valid credit card or ACH authorization on file.

• Recurring Billing: Subscription payments are billed in advance on the same numerical day of each month as the Effective Date.
• Card Updates: Xtreme utilizes a credit card updating service to maintain active billing for expired or replaced cards to prevent service interruption.

d. Managed Resource Continuity & Traffic Policy. The “All-Inclusive” fee covers the managed hosting environment required for Platform stability.

• Standard Hosting: All websites, with the exception of database-driven platforms, include unlimited monthly traffic for standard business use.
• Resource Scaling: Should a database-driven platform (e.g., Xtreme eCommerce™, Xtreme Platforms™) exceed its allocated bandwidth or processing limits, the Client will be required to utilize Resource Scaling for a customized server environment at an additional cost.

e. 15-Day Grace Period & Service Suspension. Payments not received on the due date enter a 15-day Grace Period. Failure to restore the account within this period results in Automatic System Suspension, including the deactivation of the website, custom code modules, and security firewalls.

f. Data Retention & Re-Activation. If the account remains unpaid for 30 days, all website files will be moved to an offline “Vault” state for up to 90 days.

• Restoration Fee: Access may be restored upon payment of all past-due balances plus a $250 Re-Activation Fee.
• Permanent Deletion: If the balance remains unpaid after 90 days, all website files, custom code, and database history will be permanently deleted from Xtreme’s servers.

 10) Term, Termination, and Enforcement

a. Initial Term & Firm Commitment. This Agreement begins on the Effective Date and remains in effect for a mandatory commitment period of twenty-four (24) months (the “Initial Term”).

• The Firm Commitment: Client acknowledges that the Initial Term represents a firm financial and legal commitment. “Constructive Abandonment” (failure to provide credentials or materials) does not relieve the Client of the obligation to pay the remaining balance in full.
• Automatic Renewal: Upon expiration of the Initial Term, this Agreement shall automatically renew for successive twelve-month periods unless a formal cancellation request is submitted at least sixty (60) days prior to the renewal date.

b. Standard Cancellation. Client may cancel Services only at the completion of the current Term by providing no less than sixty (60) days’ written notice exclusively via a Support Ticket within the Client Area.

c. 72-Hour Liquidation Clause. All payments are strictly non-refundable. At the Agency’s sole discretion, a cancellation request received within 72 hours of the initial purchase may be honored, subject to a 35% Administrative Liquidation Fee to cover proprietary Platform setup, initial strategy, and technical provisioning.

d. Early Termination and Liquidated Damages. If Client terminates or abandons the project before completing the Term, they must provide written notice and pay an Early Cancellation Fee equal to 35% of the remaining contract balance. This compensates for unrecovered costs associated with discounted upfront setup and infrastructure provisioning.

e. Chargeback Protection & Liquidated Damages. Any attempt to initiate a credit card chargeback or payment dispute for professional design labor or Platform access provided is a material breach of this Agreement.

• Administrative Defense Fee: A $250 Administrative Defense Fee will be assessed for each dispute instance to compensate for the administrative labor required to compile forensic evidence for the financial institution.

f. Acceleration Clause. If an account enters Suspension due to non-payment before the completion of the Initial Term, it constitutes a material breach. This triggers the Early Cancellation Fee, and the full remaining balance of the contract becomes immediately due and payable.

g. B2B Collections & Credit Reporting. Xtreme reserves the right to report unresolved delinquent accounts to commercial credit bureaus using the Client’s Employer Identification Number (EIN). Client is liable for all costs of collection, including third-party agency fees and reasonable attorneys’ fees.

h. Post-Termination Obligations. Upon termination, all licenses cease immediately. Access to the Platform and proprietary Agency logic (Snapshots, Database Architecture, 3^rd Party Licenses, and Add-ons) is revoked. Clauses regarding Intellectual Property, Non-Defamation, and Governing Law shall survive in perpetuity.

11) Intellectual Property & Proprietary Rights

a. Agency Work Product. Xtreme and its partners retain exclusive ownership of all proprietary “Snapshots,” internal logic, database structures, and software architecture.

b. The 24-Month Ownership Lock & Tenure Continuity. Client acknowledges that website files and code are provided as a managed service.

• Ownership Transfer: Full rights and title to the specific design and content shall only transfer to the Client after: (i) completion of the 24-month Initial Term AND (ii) settlement of final balances.
• Managed Continuity Mandate: Following the Initial Term, the All-Inclusive Managed Warranty subscription (as detailed in Section 8) shall remain active and in full effect to ensure the ongoing security, hosting, and technical health of the assets.
• Support Integrity: To ensure the Client continues to receive uninterrupted technical support and warranty-related benefits, the subscription will continue under the Automatic Renewal protocols defined in Section 10(a) unless a formal cancellation is submitted per Section 10(b).
• Termination Buyout: Early release of assets requires the full payment of the Early Termination Fee defined in Section 10(d).

c. Usage Restrictions. Client shall not copy, prepare derivative works of, or reverse engineer any portion of the Platform.

d. Trademarks. All trademarks, service marks, and trade names used in conjunction with the Services are the exclusive property of Xtreme Websites®, its affiliates, or licensors. Use of these marks without express written consent is prohibited. Detailed information regarding brand assets is governed by our Trademark Terms of Use.

 13) Limitation of Liability & Indemnification

a. “As-Is” Service Warranty & Performance Disclaimer. Xtreme provides the Platform, hosting infrastructure, and development services on an “As-Is” and “As-Available” basis.

• No Performance Guarantees: Client acknowledges that Xtreme does not represent, warrant, or guarantee specific search engine rankings (including first-page placement), revenue increases, or visitor volume.
• System Volatility: Client agrees that the Platform, server environments, and third-party software modules are subject to continual updates. Xtreme specifically disclaims that the Services or website data will be available without interruption or without “bugs.”
• Third-Party Dependency: Agency is not liable for changes to third-party APIs, browser updates, or registrar-side malfunctions that impact the website’s appearance or functionality.
• Waiver of Claims: Client hereby waives any claims against Xtreme regarding temporary service discrepancies, downtime during maintenance, or technical limitations of the selected website package.

b. Limitation of Liability. To the maximum extent permitted by law, the total cumulative liability of Xtreme for all claims arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall be strictly limited to the total monthly subscription fees actually paid by the Client to the Agency during the three (3) months preceding the event giving rise to the claim.

• Exclusion of Non-Recoverable Costs: In no event shall any Setup Fees be included in the calculation of liability, as these represent completed professional labor and infrastructure costs that are non-recoverable.
• Exclusion of Indirect Damages: Xtreme shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data loss, or business opportunities resulting from website downtime or technical errors.

c. Requirement for Prompt Notice of Dissatisfaction. Client acknowledges a duty to mitigate any potential damages.

• 30-Day Notice Rule: Any claim of service deficiency, technical malfunction, or dissatisfaction must be submitted via an Official Support Ticket within thirty (30) days of the date the issue first appeared.
• Waiver of Past Claims: Failure to provide notice within this 30-day window constitutes a waiver of that claim. Continued use of the website and payment of monthly fees without documented objection serves as conclusive evidence of the Client’s acceptance and disqualifies the Client from seeking retrospective credits for that period.

14) Mutual Professionalism & Non-Defamation

a. Professional Conduct. The parties agree to maintain a professional relationship based on mutual respect and the good-faith resolution of any technical or campaign-related disputes.

b. Non-Defamation Covenant. During and after the Term of this Agreement, Client agrees to refrain from making, publishing, or communicating any “Defamatory Statements” regarding Xtreme Websites®, its employees, or the Xtreme Automator® Platform.

• Definition of Defamation: A “Defamatory Statement” is defined as any public communication (including but not limited to online reviews, social media posts, or industry forums) that contains false information presented as fact, or statements made with “Actual Malice” intended to cause commercial or reputational harm.
• Permitted Feedback: This clause does not prohibit the Client from providing honest, factual feedback regarding their experience, provided such feedback is based on objective truth and does not disclose confidential Agency methodology, proprietary “Snapshots,” or trade secrets.

c. Liquidated Damages for Defamation. Client acknowledges that the publication of false or malicious information causes irreparable harm to the Agency’s brand equity. In the event of a documented breach of this Section, Xtreme Websites® reserves the right to: (i) immediately terminate all Services and access to the Platform for material breach, and (ii) seek legal remedies for actual damages incurred.

d. Right to Response and Removal. Client agrees to provide the Agency with a formal Support Ticket detailing any dissatisfaction and allowing a minimum of seven (7) business days for a resolution attempt before publishing any negative public feedback. If a published statement is found to be factually incorrect, Client agrees to remove or correct said statement within 48 hours of a written request from the Agency.

15) Representations, Warranties & Agency

a. Authority to Bind. By accepting this Agreement, the individual doing so personally represents and warrants that:

• Corporate Power: They have the full corporate right, power, and authority to enter into this Agreement and be bound to its obligations on behalf of the Client.
• Necessary Actions: The execution of this Agreement has been authorized by all necessary corporate actions.
• Legal Obligation: This Agreement constitutes a legal, valid, and binding obligation of the Client, enforceable in accordance with its terms.
• Non-Violation: The performance of obligations under this Agreement does not and shall not violate any other agreement to which the Client is a party or otherwise bound.

b. Third-Party Agency. In the event that you are purchasing the Services on behalf of another company, you personally represent and warrant that you have been authorized by such company to act as its agent in all respects related to this Agreement. You agree on behalf of such company that they have been made aware of, and agree to be bound by, these Marketing Terms.

16) Relationship of Parties & General Provisions

a. Independent Contractor. This Agreement shall not be construed to create an association, joint venture, partnership, or employment relationship between the Parties.

b. No Partnership Liability. Neither Party shall have the power to bind the other or incur obligations on the other’s behalf.

c. Cost Allocation. Each Party shall bear its own costs and expenses in performing this Agreement.

d. Entire Agreement. This document, along with the specific Service Agreement, constitutes the entire agreement and supersedes all prior verbal or written understandings.

c. Intellectual Property Representation. Client represents that it has the legal right to use all intellectual property, including but not limited to copyrighted materials and trademarks, supplied to Xtreme for use in conjunction with the Services.

 17) Governing Law & Dispute Resolution

a. Governing Law and Venue. This Agreement and all disputes arising out of it shall be governed by the laws of the State of Maryland, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Maryland.

b. Attorney’s Fees and Collection Costs. In the event of a dispute, default, or collection action, the prevailing party shall be entitled to recover its reasonable attorney’s fees, court costs, and any third-party collection agency fees incurred (typically 25%–35% of the balance).

c. Class Action Waiver. Client agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

d. Severability. If any part of this Agreement is found unenforceable by a court of competent jurisdiction, the parties agree that the court should give effect to the parties’ intentions as reflected in the provision, and the remainder of the Agreement remains in full force and effect.

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