A. SUMMARY
This Agreement ("Agreement") is by and between WarriorDesign.net ("C37 Inc. DBA Warrior Design Co.") a/an North Carolina corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Warrior Design Co. products (“Products”) and services (“Services”) and explains Warrior Design Co. ’s obligations to You and Your obligations to Warrior Design Co. in relation to the Products and Services You purchase.
This Agreement as well as any additional Warrior Design Co. policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Warrior Design Co. concerning Your use of Warrior Design Co. ’s Products and Services, and supersede and govern all prior proposals, agreements, or other communications. All Warrior Design Co. policies and agreements specific to particular Product and Service are incorporated herein and made part of this Agreement by reference, .By purchasing Warrior Design Co. ’s Products or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Warrior Design Co. may establish from time to time, and any agreements that Warrior Design Co. is currently bound by or will be bound by in the future. You understand that this aggreement may be updated at You may view the latest version of this Agreement online.

1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that Warrior Design Co. may modify this Agreement and the Services from time to time. You agree to be bound by any changes Warrior Design Co. may reasonably make to this Agreement when such changes are made. If You have purchased Services or Product from Warrior Design Co. , the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Product or Services. In the event You terminate Your usage, Warrior Design Co. will not refund any amounts You have paid. You agree that Warrior Design Co. shall not be bound by any representations made by third parties who You may use to purchase Services from Warrior Design Co. , and that any statement of a general nature, which may be posted on Warrior Design Co. ’s Web site or contained in Warrior Design Co. ’s promotional materials, will not bind Warrior Design Co. . Warrior Design Co. may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying Warrior Design Co. should You desire to terminate Your use of Warrior Design Co. 's Services. Notification of Your intent to terminate must be provided to Warrior Design Co. no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.

2. CONDITIONS OF USE
Warrior Design Co. reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Warrior Design Co. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Warrior Design Co. may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
Except as set forth below, Warrior Design Co. may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by Warrior Design Co. in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Warrior Design Co. reserves the right to cancel any account at anytime or termintate work relationship at its sole discretion. Notwithstanding anything to the contrary herein, in the event Warrior Design Co. cancels Your Services , You will not receive a refund of any fees paid to Warrior Design Co. in connection with the Services being canceled. In the event Warrior Design Co. deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Warrior Design Co. if, for any reason, Warrior Design Co. takes corrective action with respect to Your improper or illegal use of its Services.

3. WEBSITE DESIGN
Once Warrior Design Co. receives the following items from the customer, we will begin work on their project:
i. DESIGN REQUEST (hard copy or via website) $150 non-refundable deposit
ii. All text (spelling and grammar checked), content and images to be included in the project ( please note all hard copy pictures or documents should be accompanied with a SASE, otherwise these are non returnable)
We will create the project according to our design standards & Code of Ethics.
When we have finished, the customer will preview the project draft and provide, in one single written or emailed document, a list of any changes to be made to the draft. The customer shall provide this list within 5 business days after Warrior Design Co. sends the preview link to the customer.
Warrior Design Co. will implement the changes on this list within 3-5 business days of receiving the list.
Should the customer request additional changes to the project after submitting the original list of changes, they will be charged $50/hour for these additional changes.
If no list of changes is provided within 3-business-day preview period, the customer shall nonetheless pay the full balance due for the project, as invoiced.
At the end of the 3-business-day preview period, Warrior Design Co. will send the customer an invoice for the balance due on the project. The customer shall pay this invoice within 5 business days. Secured Payment of this balance serves as acceptance and approval of the design provided (NO REFUNDS/NO EXCHANGES under any circumstances).
Any feature or specification not expressly included in a written proposal, estimate, or package by Warrior Design Co. is not included in the price quoted. If the customer requests such a feature to be added to their project, this will be at additional cost to the customer. Any modifications to the design structure will be billed at $50/hour. Warrior Design reserves the right to utilize all designs and logos in marketing and advertising.

4.WEBSITE HOSTING/MAINTENANCE
You understand Warrior Design Co. charges a monthly fee which covers hosting of Your website and updating of Your website. Subject to the terms and conditions of this Agreement, Warrior Design Co. shall attempt to provide the Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Warrior Design Co. may undertake from time to time; or (iii) causes beyond the control of Warrior Design Co. or that are not reasonably foreseeable by Warrior Design Co. , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Warrior Design Co. has no control of availability of the Services on a continuous or uninterrupted basis.
You agree that is Your sole responsibility to notify Warrior Design Co in event you require service or maintence updates as defined in this agreement. Warrior Design Co. is not responsible for making any changes or updates to Your website without Your written authorization via email. Any changes or updates may take up to 3-5 business days and are done in the order they are received. 24 hour updates are available for a rush fee of $50. You understand that hosting/maintenance fee assesed monthly or annually covers:
· Hosting of your website
· Where Maintenance is defined as informational changes (text, dates, service and/or product descriptions, pictures related to seasonal products and/or services and not to header/site design, bulletins, announcements, obituaries, address changes, updated phone numbers, office info) apart from cosmetic changes (color changes, header changes, background alterations, music, flash, banner ads, additional pages, video programming, site navigation, navigation bars, rollover images, image swap, page transitions, logo design/alteration ) to the website.
· FTP transfer of files associated with any updates.

5. FEES AND PAYMENT.
As consideration for the Products and/or Services purchased by You and provided to You by Warrior Design Co., You agree to pay Warrior Design Co. at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Warrior Design Co. expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card, an online check, a personal check , or using Warrior Design Co. ’s prepaid service Good as Gold, (“Prepaid Services”) to establish a cash reserve for charge by Warrior Design Co. (collectively, the "Payment Method"). Your Prepaid Services account may be funded by a money order or a personal check under as further described, below.
If You signed up for a monthly payment plan, Your monthly billing date will be the 1st day of each month. your payment is considered late if recieved after the 5th day of the month after which a 20% late fee is assessed. If fee is not paid by the 15th your site is suspended during which time no modifications will be made to your website. If your monthly fee is not paid by not paid by the 1st day of the following month Your account is DISCONNECTED and it is Your responsiblity to pay the entire amount PAST DUE plus a $50 reconnection fee. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Warrior Design Co. will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Warrior Design Co., at Warrior Design Co.'s then current rates.
If for any reason Warrior Design Co. is unable to charge Your Payment Method for the full amount owed Warrior Design Co. for the Services provided, or if Warrior Design Co. is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Warrior Design Co. may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Warrior Design Co. is unable to charge Your credit card with the full amount of the Services provided, or if Warrior Design Co. is charged back for any fee it previously charged to the credit card You provided, You agree that Warrior Design Co. may pursue all available remedies in order to obtain payment. You agree that among the remedies Warrior Design Co. may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. Warrior Design Co. is not responsible for any resulting hardship or issues as a result of domain or hosting cancellation which occurs at the time of account cancellation. Warrior Design Co. reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You.
You agree that You are solely liable for arranging that Your Services are renewed, and that Warrior Design Co. shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.
While all purchases are processed in US dollars, Warrior Design Co. may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Warrior Design Co. makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price.

6. PAYPAL
By using Warrior Design Co. ’s PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can purchase Warrior Design Co. Product and Services using PayPal. In consideration for the Product and Services purchased by You and provided to You by Warrior Design Co. , You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable.
It is Your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and Warrior Design Co. will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and Warrior Design Co. may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source.
By clicking the box labeled “I agree” to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.

7. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
Warrior Design Co. expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Warrior Design Co. , as well as its affiliates, subsidiaries, officers, directors and employees. Warrior Design Co. also reserves the right to freeze a domain name during resolution of a dispute.

8. LIMITATION OF LIABILITY .
IN NO EVENT SHALL WARRIOR DESIGN CO. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE Product OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF WARRIOR DESIGN CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. PRIVACY.
The information we collect via this website may include:
Any personal details you type in and submit, such as name, address, email address, etc.
Your IP address (this is your computer's individual identification number) which is automatically logged by our web server. This is used to note your interest in our website.
Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers).
Session information stored in cookies, these do not include any personal information and are used to ensure the correct data is extracted from the database when using our interactive systems.
Under no circumstances will we hold sensitive payment details such as your card number, expiry date and security code. All transactions are handled using a secure server hosted by, PayPal. For more information on PayPal's privacy policy please refer to www.paypal.com.

10. Account Executives
Design account executives act as a link between clients and the design agency. They are responsible for the day-to-day running of their clients' design campaigns. They liaise between the client and a range of agency staff in order to coordinate the details of design campaigns.
Design account executives work closely with their clients throughout campaigns, managing administrative and organizational work, and ensuring that this is completed on time and on budget. Account Executives respond to all inquiries within 24 hours and work between the hours of 9a.m. and 6p.m. Account executives reserve the right to answer inquiries after hours; such contact with clients is at their sole discretion. All clients are assigned 1 account execuitive to which the client requests updates, support, upgrades and any other inquiries a client may have.