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Please read and abide by
the terms and conditions of
maximumadvantage.com. as set forth in this
agreement.
You must agree to these
terms and conditions prior to using or joining
maximumadvantage.com.
WEBSITE SERVICE AGREEMENT/TERMS OF
USE
The services that Paul
Endress / Maximum Advantage provides to Member
are subject to the following Terms of Use
("TOU" or “Agreement”). Paul Endress / Maximum
Advantage requires that all persons or entities
visiting this Website and those that become a
Member agree to the TOU. Please read the TOU
carefully before continuing on with your use of
this Website or becoming a Member of the
Website. The TOU shall govern the use of the
Website and apply to all Internet traffic
visiting the Website.
1. ACCEPTANCE OF
TERMS AND BINDING EFFECT
THIS IS A BINDING
AGREEMENT. BY USING AND/OR VISITING THIS
WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT
AVAILABLE THROUGH THE maximumadvantage.com
DOMAIN NAME, THE “WEBSITE”), YOU (“Member,”
“YOU” OR “YOUR”) SIGNIFY YOUR ASSENT TO THE
TOU, THE WEBSITE’S PRIVACY POLICY, WHICH IS
PUBLISHED AT
HTTP://WWW.maximumadvantage.com/Privacy.html
AND LICENSES OBTAINED FROM THE UTILIZATION OF
THE WEBSITE’S SERVICES AND WHICH ARE
INCORPORATED HEREIN BY
REFERENCE. IT IS YOUR
RESPONSIBILITY TO REVIEW THE TOU
PERIODICALLY. IF AT ANY TIME YOU FIND THE
TOU AND INCORPORATED AGREEMENTS UNACCEPTABLE,
YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND
CEASE ALL USE OF THE SERVICES AND THE WEBSITE.
YOU AGREE THAT BY USING THE SERVICES YOU
REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD
AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO
THIS AGREEMENT.
A. Paul Endress/
Maximum Advantage reserves the right to
update the TOU at any time without notice to
Member.
B. The right to use
maximumadvantage.com is personal to Member and
is not transferable to any other person or
entity. Member is responsible for all use of
Member's Account (under any screen name or
password) and for ensuring that all use of
Member's Account complies fully with the
provisions of this Agreement. Member shall be
responsible for protecting the confidentiality
of Member's password(s), if any.
C. Paul Endress / Maximum
Advantage shall have the right at any time to
change or discontinue any aspect or feature of
maximumadvantage.com, including, but not
limited to, content, hours of availability, and
equipment needed for access or use.
2. CHANGED
TERMS
The most current version of
the TOU can be reviewed by clicking on the
"Terms of Use" hypertext link located or
published at the bottom of our Web pages. Paul
Endress / Maximum Advantage shall have the
right at any time to change or modify the terms
and conditions applicable to Member's use of
maximumadvantage.com, or any part thereof, or
to impose new conditions, including, but not
limited to, adding fees and charges for use.
Such changes, modifications, additions or
deletions shall be effective immediately upon
notice thereof, which may be given by means
including, but not limited to, posting on
maximumadvantage.com, or by electronic or
conventional mail, or by any other means by
which Member obtains notice thereof. Any use of
maximumadvantage.com by Member after such
notice shall be deemed to constitute acceptance
by Member of such changes, modifications or
additions.
3. DESCRIPTION OF
SERVICES
Through the Website and its
Web property, Paul Endress / Maximum Advantage
provides Member with access to a variety of
resources, including download areas, software,
communication forums and product information
(collectively "Services"). The Services,
including any updates, enhancements, new
features, and/or the addition of any new Web
properties, are subject to the TOU, the privacy
policy and licenses.
4.
EQUIPMENT
Member shall be responsible
for obtaining and maintaining all telephone,
computer hardware, software and other equipment
needed for access to and use of
maximumadvantage.com and all charges related
thereto.
5. MEMBER CONDUCT
AND PROHIBITIONS
A. Member shall use
maximumadvantage.com for lawful purposes only.
Member shall not post or transmit through
maximumadvantage.com any material which
violates or infringes in any way upon the
rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which
encourages conduct that would constitute a
criminal offense, give rise to civil liability
or otherwise violate any law, or which, without
Paul Endress / Maximum Advantage express prior
approval, contains advertising or any
solicitation with respect to products or
services. Any conduct by Member that in Paul
Endress / Maximum Advantage's discretion
restricts or inhibits any other Member from
using or enjoying maximumadvantage.com will not
be permitted. Member shall not use
maximumadvantage.com to advertise or perform
any commercial solicitation, including, but not
limited to, the solicitation of Members to
become subscribers of other on-line information
services competitive with Paul Endress/ Maximum
Advantage.
B. maximumadvantage.com
contains copyrighted material, trademarks and
other proprietary information, including, but
not limited to, text, software, photos, video,
graphics, music and sound, and the entire
contents of maximumadvantage.com are
copyrighted as a collective work under the
United States copyright laws. maximumadvantage,
Inc. owns a copyright in the selection,
coordination, arrangement and enhancement of
such content, as well as in the content
original to it. Member may not modify, publish,
transmit, participate in the transfer or sale,
create derivative works, or in any way exploit,
any of the content, in whole or in part. Member
may download copyrighted material for Member's
personal use only. Except as otherwise
expressly permitted under copyright law, no
copying, redistribution, retransmission,
publication or commercial exploitation of
downloaded material will be permitted without
the express permission of Paul Endress /
Maximum Advantage and the copyright owner. In
the event of any permitted copying,
redistribution or publication of copyrighted
material, no changes in or deletion of author
attribution, trademark legend or copyright
notice shall be made. Member acknowledges that
it does not acquire any ownership rights by
downloading copyrighted material.
C. Member shall not upload,
post or otherwise make available on
maximumadvantage.com any material protected by
copyright, trademark or other proprietary right
without the express permission of the owner of
the copyright, trademark or other proprietary
right and the burden of determining that any
material is not protected by copyright rests
with Member. Member shall be solely liable for
any damage resulting from any infringement of
copyrights, proprietary rights, or any other
harm resulting from such a submission. By
submitting material to any public area of
maximumadvantage.com, Member automatically
grants, or warrants that the owner of such
material has expressly granted
maximumadvantage, Inc. the royalty-free,
perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt,
publish, translate and distribute such material
(in whole or in part) worldwide and/or to
incorporate it in other works in any form,
media or technology now known or hereafter
developed for the full term of any copyright
that may exist in such material. Member also
permits any other Member to access, view,
store, or reproduce the material for that
Member's personal use. Member hereby grants
Paul Endress / Maximum Advantage the right to
edit, copy, publish and distribute any material
made available on maximumadvantage.com by
Member.
D. The foregoing provisions
of Section 5 are for the benefit of Paul
Endress / Maximum Advantage, its subsidiaries,
affiliates and its third party content
providers and licensors and each shall have the
right to assert and enforce such provisions
directly or on its own behalf.
6. USE OF SERVICES
AND PROHIBITIONS
A. The Services may contain
email services, bulletin board services, blog
services, chat areas, news groups, forums,
communities, personal web pages, calendars,
photo albums, file cabinets and/or other
message or communication facilities designed to
enable Member to communicate with others (each
a "Communication Service" and collectively
"Communication Services"). Member agrees to use
the Communication Services only to post, send
and receive messages and material that are
proper and, when applicable, related to the
particular Communication Service. By way of
example, and not as a limitation, Member agrees
that when using the Communication Services,
Member will not:
• Use the Communication Services in
connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages
(commercial or otherwise);
• Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as
rights of privacy and publicity) of others;
• Publish, post, upload, distribute or
disseminateq any inappropriate, profane,
defamatory, obscene, indecent or unlawful
topic, name, material or information;
• Upload, or otherwise make available,
filesq that contain images, photographs,
software or other material protected by
intellectual property laws, including, by way
of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or
publicity) unless Member own or control the
rights thereto or have received all necessary
consent to do the same;
• Use any material or information,
including images orq photographs, which are
made available through the Services in any
manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary
right of any party;
• Upload files that contain viruses,
Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software
or programs that may damage the operation of
another's computer or property of another;
• Advertise or offer to sell or buy any
goods or services for any business purpose,
unless such Communication Services specifically
allows such messages;
• Download any file posted by another
Member of a Communication Service that Member
know, or reasonably should know, cannot be
legally reproduced, displayed, performed,
and/or distributed in such manner;
• Falsify or delete any copyright
management information, such as author
attributions, legal or other proper notices or
proprietary designations or labels of the
origin or source of software or other material
contained in a file that is uploaded;
• Restrict or inhibit any other Member
from using and enjoying theq Communication
Services;
• Violate any code of conduct or other
guidelines which may be applicable for any
particular Communication Service;
• Harvest or otherwise collect information
about others, including email addresses;
• Violate any applicable laws or
regulations;
• Create a false identityq for the purpose
of misleading others;
• Use, download or otherwise copy, orq
provide (whether or not for a fee) to a person
or entity any directory of Members of the
Services or other Member or usage information
or any portion thereof.
B. Paul Endress / Maximum
Advantage has no obligation to monitor the
Communication Services. However, Paul Endress /
Maximum Advantage reserves the right to review
materials posted to the Communication Services
and to remove any materials in its sole
discretion. Paul Endress / Maximum Advantage
reserves the right to terminate Member’s access
to any or all of the Communication Services at
any time, without notice, for any reason
whatsoever. Paul Endress / Maximum Advantage
reserves the right at all times to disclose any
information as it deems necessary to satisfy
any applicable law, regulation, legal process
or governmental request, or to edit, refuse to
post or to remove any information or materials,
in whole or in part, in Paul Endress / Maximum
Advantage sole discretion.
C. Materials uploaded to the
Communication Services may be subject to posted
limitations on usage, reproduction and/or
dissemination; Member is responsible for
adhering to such limitations if Member
downloads the materials.
D. Always use caution when
giving out any personally identifiable
information in any Communication Services. Paul
Endress / Maximum Advantage does not control or
endorse the content, messages or information
found in any Communication Services and,
therefore, Paul Endress / Maximum Advantage
specifically disclaims any liability with
regard to the Communication Services and any
actions resulting from Member’s participation
in any Communication Services. Managers and
hosts are not authorized Paul Endress / Maximum
Advantage spokespersons, and their views do not
necessarily reflect those of maximumadvantage,
Inc.
7. MEMBER ACCOUNT,
PASSWORD, AND SECURITY
If any of the Services
requires Member to open an account, Member must
complete the registration process by providing
Paul Endress / Maximum Advantage with current,
complete and accurate information as prompted
by the applicable registration form as well as
agree to all terms the Services. Member also
will choose a password and a Member name.
Member is entirely responsible for maintaining
the confidentiality of Member’s password and
account. Furthermore, Member is entirely
responsible for any and all activities that
occur under Member’s account. Member agrees to
notify Paul Endress / Maximum Advantage
immediately of any unauthorized use of Member’s
account or any other breach of security. Paul
Endress / Maximum Advantage will not be liable
for any loss that Member may incur as a result
of someone else using Member’s password or
account, either with or without Member’s
knowledge. However, Member could be held liable
for losses incurred by Paul Endress / Maximum
Advantage or another party due to someone else
using Member’s account or password. Member may
not use anyone else's account at any time,
without the permission of the account
holder.
8. NOTICE SPECIFIC
TO SOFTWARE AVAILABLE ON THIS
WEBSITE
A. Any software that is made
available to download from the Services
("Software") is the copyrighted work of Paul
Endress / Maximum Advantage and/or its
suppliers. Use of the Software is governed by
the TOU or any accompanying license
agreement.
B. The Software is made
available for download solely for use or
personal use by end Members according to the
TOU or any accompanying license
agreement. Any reproduction or
redistribution of the Software not in
accordance with the License Agreement is
expressly prohibited by law, and may result in
severe civil and criminal penalties. The
Software is made available for download solely
for use or personal use by end Members
according to the accompanying license
agreement. Violators will have their
licenses, provided with each product download,
revoked if they do not follow these terms and
will be prosecuted to the maximum extent
possible.
C. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE
LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, Paul Endress / Maximum Advantage
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
D. FOR YOUR CONVENIENCE,
Paul Endress / Maximum Advantage MAY MAKE
AVAILABLE AS PART OF THE SERVICES OR IN ITS
SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE
AND/OR DOWNLOAD. Paul Endress / Maximum
Advantage DOES NOT MAKE ANY ASSURANCES WITH
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT
THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS
AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE
SERVICES.
9. NOTICE SPECIFIC
TO DOCUMENTS AVAILABLE ON THIS
WEBSITE
A. Permission to use
Documents (such as white papers, press
releases, datasheets and FAQs) from the
Services is granted, provided that (1) the
below copyright notice appears in all copies
and that both the copyright notice and this
permission notice appear, (2) use of such
Documents from the Services is for
informational and non-commercial or personal
use only and will not be copied or posted on
any network computer or broadcast in any media,
and (3) no modifications of any Documents are
made. Accredited educational institutions, such
as universities, private/public colleges, and
state community colleges, may download and
reproduce the Documents for distribution in the
classroom. Distribution outside the classroom
requires express written permission. Use for
any other purpose is expressly prohibited by
law, and may result in severe civil and
criminal penalties. Violators will be
prosecuted to the maximum extent
possible.
B. Paul Endress/
Maximum Advantage AND/OR THEIR RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS
PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND.
maximumadvantage, INC. AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
Paul Endress / Maximum Advantage AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE
SERVICES.
C. THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Paul Endress /
Maximum Advantage AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
10. NOTICES
REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THIS SITE
IN NO EVENT SHALL Paul
Endress / Maximum Advantage AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS
PROVIDED TO Paul Endress / Maximum Advantage OR
POSTED AT ANY OF ITS WEBSITES
A. Paul Endress / Maximum
Advantage does not claim ownership of the
materials Member provide to Paul Endress /
Maximum Advantage (including feedback and
suggestions) or post, upload, input or submit
to any Services or its associated services for
review by the general public, or by the Members
of any public or private community, (each a
"Submission" and collectively "Submissions").
However, by posting, uploading, inputting,
providing or submitting ("Posting") Member’s
Submission Member is granting Paul Endress /
Maximum Advantage, its affiliated companies and
necessary sublicensees permission to use
Member’s Submission in connection with the
operation of their Internet businesses
(including, without limitation, all Paul
Endress / Maximum Advantage Services),
including, without limitation, the license
rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit,
translate and reformat Member’s Submission; to
publish Member’s name in connection with
Member’s Submission; and the right to
sublicense such rights to any supplier of the
Services. No compensation will be paid with
respect to the use of Member’s Submission, as
provided herein. Paul Endress / Maximum
Advantage is under no obligation to post or use
any Submission Member may provide and Paul
Endress / Maximum Advantage may remove any
Submission at any time in its sole discretion.
By Posting a Submission Member warrants and
represents to own or otherwise control all of
the rights to Member’s Submission as described
in these TOU Use including, without limitation,
all the rights necessary for Member to provide,
post, upload, input or submit the
Submissions.
B. In addition to the
warranty and representation set forth above, by
Posting a Submission that contain images,
photographs, pictures or that are otherwise
graphical in whole or in part ("Images"),
Member warrant and represent that (a) Member is
the copyright owner of such Images, or that the
copyright owner of such Images has granted
Member permission to use such Images or any
content and/or images contained in such Images
consistent with the manner and purpose of
Member’s use and as otherwise permitted by
these TOU and the Services, (b) Member have the
rights necessary to grant the licenses and
sublicenses described in these Terms of Use,
and (c) that each person depicted in such
Images, if any, has provided consent to the use
of the Images as set forth in these TOU,
including, by way of example, and not as a
limitation, the distribution, public display
and reproduction of such Images. By Posting
Images, Member is granting (a) to all Members
of Member’s private community (for each such
Images available to Members of such private
community), and/or (b) to the general public
(for each such Images available anywhere on the
Services, other than a private community),
permission to use Member’s Images in connection
with the use, as permitted by these Terms of
Use, of any of the Services, (including, by way
of example, and not as a limitation, making
prints and gift items which include such
Images), and including, without limitation, a
non-exclusive, world-wide, royalty-free license
to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit,
translate and reformat Member’s Images without
having Member’s name attached to such Images,
and the right to sublicense such rights to any
supplier of the Services. The licenses granted
in the preceding sentences for a Images will
terminate at the time Member completely remove
such Images from the Services, provided that,
such termination shall not affect any licenses
granted in connection with such Images prior to
the time Member completely remove such Images.
No compensation will be paid with respect to
the use of Member’s Images.
C. Paul Endress / Maximum
Advantage is a distributor (and not a
publisher) of content supplied by third parties
and Members. Accordingly, Paul Endress /
Maximum Advantage has no more editorial control
over such content than does a public library,
bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other
information or content expressed or made
available by third parties, including
information providers, Members or any other
Member of maximumadvantage.com, are those of
the respective author(s) or distributor(s) and
not of Paul Endress / Maximum Advantage
Neither Paul Endress / Maximum Advantage nor
any third-party provider of information
guarantees the accuracy, completeness, or
usefulness of any content, nor its
merchantability or fitness for any particular
purpose.
11. NOTICE TO
PARENTS AND CHILDREN
We adhere to the Children's
Privacy Act. You must be 18 years of age to
join or use maximumadvantage.com or any of the
recommended or linked sites. This site follows
the guidelines, policies and laws of the
Federal Trade Commission (www.ftc.gov). We
retain the right to refuse anyone membership in
any of our sites.
12. COMPLIANCE
WITH ALL INTELLECTUAL PROPERTY
LAWS
When accessing the Website
or using the Services, you agree to obey the
law and to respect the intellectual property
rights of others. Your use of the Services and
the Website is at all times governed by and
subject to laws regarding copyright ownership
and use of intellectual property. You agree not
to upload, download, display, perform,
transmit, or otherwise distribute any
information or Materials in violation of any
third party’s copyrights, trademarks, or other
intellectual property or proprietary rights.
You agree to abide by laws regarding copyright
ownership and use of intellectual property, and
you shall be solely responsible for any
violations of any relevant laws and for any
infringements of third party rights caused by
any Materials you provide or transmit, or that
is provided or transmitted using your Member
ID. The burden of proving that any
Materials do not violate any laws or third
party rights rests solely with you.
13. DISCLAIMER OF
WARRANTY; LIMITATION OF LIABILITY
A. MEMBER EXPRESSLY AGREES
THAT USE OF maximumadvantage.com IS AT MEMBER'S
SOLE RISK. NEITHER maximumadvantage, INC., ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT
maximumadvantage.com WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF
maximumadvantage.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH
maximumadvantage.com.
B. maximumadvantage.com IS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
C. THIS SECTION APPLIES TO
ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY
ACKNOWLEDGES THAT Paul Endress / Maximum
Advantage IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH
MEMBER.
D. IN NO EVENT WILL Paul
Endress / Maximum Advantage, OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING maximumadvantage.com OR THE
maximumadvantage, INC. SOFTWARE, BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE
maximumadvantage.com. MEMBER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE
SITE.
E. IN ADDITION TO THE TERMS
SET FORTH ABOVE NEITHER, Paul Endress / Maximum
Advantage, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER
DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN
maximumadvantage.com, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF
A STOCK TRADE, MEMBERS ARE ADVISED TO CONSULT
WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. Paul Endress / Maximum Advantage,
ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION
PROVIDED. NEITHER, Paul Endress / Maximum
Advantage, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY,
THERE IS NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER
PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR
DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES
BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT,
EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE
OUTAGES RESULTING FROM EQUIPMENT AND/OR
SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS
FAILURES, POWER FAILURES, NETWORK FAILURES,
FAILURES OF THIRD PARTY SERVICE PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND
TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY
SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN
A MAXIMUM OF FIFTEEN (15) CALENDAR DAYS FROM
ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT
SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH
EVENT SHALL PREVENT THE AFFECTED PARTY FROM
PERFORMING ITS OBLIGATIONS UNDER THIS
AGREEMENT.
14. NO INCOME
GUARANTEE
Paul Endress / Maximum
Advantage makes no claim regarding income
guarantees or results from using its products,
workshops, services, recommendations or any
partner services. You are joining
maximumadvantage.com as a Member and if you so
desire, you may upgrade to paid membership.
However this is not mandatory and you will have
complete access to all free download resources
and information as a free member.
15. LINKS TO THIRD
PARTY SITES
A. THE LINKS IN THIS AREA
WILL LET YOU LEAVE Paul Endress / Maximum
Advantage’S SITE. THE LINKED SITES ARE NOT
UNDER THE CONTROL OF Paul Endress / Maximum
Advantage AND Paul Endress / Maximum Advantage
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Paul Endress / Maximum Advantage IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE.
maximumadvantage, INC. IS PROVIDING THESE LINKS
TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Paul
Endress / Maximum Advantage OF THE SITE.
B. Paul Endress / Maximum
Advantage is a distributor (and not a
publisher) of content supplied by third parties
and Members. Accordingly, Paul Endress /
Maximum Advantage has no more editorial control
over such content than does a public library,
bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other
information or content expressed or made
available by third parties, including
information providers, Members or any other
Member of maximumadvantage.com, are those of
the respective author(s) or distributor(s) and
not of Paul Endress / Maximum Advantage and.
Neither Paul Endress / Maximum Advantage nor
any third-party provider of information
guarantees the accuracy, completeness, or
usefulness of any content, nor its
merchantability or fitness for any particular
purpose.
C. In many instances, the
content available through maximumadvantage.com
represents the opinions and judgments of the
respective information provider, Member, or
other Member not under contract with Paul
Endress / Maximum Advantage Paul Endress
/ Maximum Advantage neither endorses nor is
responsible for the accuracy or reliability of
any opinion, advice or statement made on
maximumadvantage.com by anyone other than
authorized maximumadvantage, Inc. employee
spokespersons while acting in their official
capacities. Under no circumstances will Paul
Endress / Maximum Advantage be liable for any
loss or damage caused by a Member's reliance on
information obtained through
maximumadvantage.com. It is the responsibility
of Member to evaluate the accuracy,
completeness or usefulness of any information,
opinion, advice or other content available
through Paul Endress / Maximum Advantage
Please seek the advice of professionals, as
appropriate, regarding the evaluation of any
specific information, opinion, advice or other
content.
16. UNSOLICITED IDEA
SUBMISSION POLICY
Paul Endress / Maximum
Advantage OR ANY OF ITS EMPLOYEES DO NOT ACCEPT
OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS
FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS,
NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
Paul Endress / Maximum Advantage’s PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO
IDEAS SUBMITTED TO Paul Endress / Maximum
Advantage
SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO Paul Endress / Maximum
Advantage OR ANYONE AT Paul Endress / Maximum
Advantage IF, DESPITE OUR REQUEST THAT
YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT Paul
Endress / Maximum Advantage MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.
17. PRIVACY
POLICY
Paul Endress / Maximum
Advantage respects your privacy and permits
Members to control the treatment of personal
information. A complete statement of Paul
Endress / Maximum Advantage current Privacy
Policy can be reviewed by clicking on the
"Privacy Policy" hypertext link located or
published at the bottom of our Web pages.
18.
MONITORING
Paul Endress / Maximum
Advantage shall have the right, but not the
obligation, to monitor the content of
maximumadvantage.com, including chat rooms and
forums, to determine compliance with this
Agreement and any operating rules established
by maximumadvantage, Inc. and to satisfy any
law, regulation or authorized government
request. maximumadvantage, Inc. shall have the
right in its sole discretion to edit, refuse to
post or remove any material submitted to or
posted on maximumadvantage.com. Without
limiting the foregoing, Paul Endress / Maximum
Advantage shall have the right to remove any
material that Paul Endress / Maximum Advantage,
in its sole discretion, finds to be in
violation of the provisions hereof or otherwise
objectionable.
19.
INDEMNIFICATION
Member agrees to defend,
indemnify and hold harmless Paul Endress/
Maximum Advantage, its affiliates and their
respective directors, officers, employees and
agents from and against all claims and
expenses, including attorneys' fees, arising
out of the use of Paul Endress / Maximum
Advantage by Member or Member's Account.
20.
TERMINATION
Either Paul Endress /
Maximum Advantage or Member may terminate this
Agreement at any time. Without limiting the
foregoing, Paul Endress / Maximum Advantage
shall have the right to immediately terminate
Member's Account in the event of any conduct by
Member which Paul Endress / Maximum Advantage,
in its sole discretion, considers to be
unacceptable, or in the event of any breach by
Member of this Agreement.
21. PAYMENTS
AND REFUND POLICY
A. Members are charged for
Services. If you pay someone other than
us for these Services, then the charges and
billing terms are as stated by the other
company or third-party. Even if you do not pay
for the some of the Services, you may still
incur charges incidental to using the Services;
for example, charges for Internet access,
mobile text messaging, or other data
transmission. The price for the Services
will be assed all applicable taxes and charges
unless stated otherwise. These taxes and
charges are your responsibility. Currency
exchange settlements are based on your
agreement with your payment method
provider. Paul Endress / Maximum
Advantage reserves the right to change pricing
from time to time, but it will be posted on the
Website before you incur any billing. If
you do not agree to these changes, then you
must cancel and stop using the Website before
the changes take place.
B. When you create an
account, you enter your payment method.
You must be authorized to use the payment
method. You authorize maximumadvantage,
Inc. to charge you for the Services using your
payment method and for any paid feature of the
Services for which you choose to sign-up
for. Paul Endress / Maximum Advantage may
bill you for more than one of your prior
billing periods together.
C. Paul Endress / Maximum
Advantage will provide you with an online
billing statement accessible online through
your Member Account. This is the only
billing statement that Paul Endress / Maximum
Advantage provides. If you request a
paper copy, Paul Endress / Maximum Advantage
may charge you a retrieval fee. Paul
Endress / Maximum Advantage will only provide
paper copies for the past 120 days. If
Paul Endress / Maximum Advantage makes an error
on your bill, Paul Endress / Maximum Advantage
will correct it promptly after you tell us and
Paul Endress / Maximum Advantage investigates
the charge. You must tell us within 120
days after an error first appears on your
bill. You release us from all liability
and claims of loss resulting from any error
that you do not report to us within 120 days
after the error first appears on your online
statement. If you do not tell us within this
time, Paul Endress / Maximum Advantage will not
be required to correct the error.
maximumadvantage, Inc. can correct billing
errors at any time.
D. You may cancel your
MaximumAdvantage.com membership at anytime you
desire, however there will be no refunds for
any charges processed within 36 hours of your
cancellation notice. The act of canceling can
be made via email or using the cancellation
form inside the member area, however the act of
canceling does not constitute an automatic
cancellation of your billing. If you cancel
after a payment has been processed, there will
be no refunds for that payment. Cancellation
requests must contain your name, username and
date joined. If any of this information is
missing, the cancellation request may not be
processed and you are liable for all membership
fees until maximumadvantage.com receives
required information. Membership fees are
annual for Silver membership and lifetime for
Gold membership. Lifetime constitutes the
lifetime of the member or
maximumadvantage.com.
E.
maximumadvantage.com reserves the right to
cancel any member for reasons that it feels are
detrimental to the site, its members, its
partners or the future success of itself.
Cancellations performed by maximumadvantage.com
are final and any restitution will be the
membership fee paid within the past 30 days
based on a prorated basis less a $50.00
processing fee.
22. ENTIRE
AGREEMENT
This Agreement and the
privacy policy, licenses and any operating
rules for maximumadvantage.com established by
Paul Endress / Maximum Advantage constitute the
entire agreement of the parties and supersede
all previous written or oral agreements between
the parties.
23.
ARBITRATION
Each party to this Agreement
expressly agrees that all disputes, claims or
controversies that exist or may come to exist
between them including, without limitation, all
disputes, claims or controversies that exist or
may arise out of, under or in connection with
this Agreement, first to binding arbitration
located in Dauphin County, Pennsylvania,
United States in accordance with the Commercial
Arbitration Procedures of the American
Arbitration Association. The
parties agree that judgment upon the
arbitration award will be final, binding and
conclusive upon each party and may be entered
into any court having jurisdiction. In
the case of action under this Section, the
prevailing party shall be entitled to recover
its costs of the proceeding, including
reasonable attorneys' fees and out of pocket
expenses.
24. CHOICE OF LAW,
VENUE AND FORUM
The TOU, the privacy policy,
licenses and any operating rules for
maximumadvantage.com shall be construed in
accordance with and governed by the laws of the
United States and the State of Nevada, without
reference to their rules regarding conflicts of
law. You hereby irrevocably consent to the
exclusive jurisdiction of the state or federal
courts in Dauphin County, Pennsylvania,
United States in all disputes arising out of or
related to the use of the Website or
Services
25.
SEVERABILITY
If, for whatever reason, a
court of competent jurisdiction finds any term
or condition in these Terms of Use to be
unenforceable, all other terms and conditions
will remain unaffected and in full force and
effect.
26.
WAIVER
No waiver of any breach of
any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent,
or subsequent breach of the same or any other
provisions hereof, and no waiver shall be
effective unless made in writing and signed by
an authorized representative of the waiving
party.
27.
HEADINGS
The section headings used
herein are for convenience only and shall not
be given any legal importance.
28.
COPYRIGHT
All contents of Website or
Services are: © 2008 Paul Endress / Maximum
Advantage All rights reserved.
29.
TRADEMARKS
Paul Endress / Maximum
Advantage its logos are trademarks of Paul
Endress. All other trademarks, names of
actual companies and products appearing on
mentioned herein on the Website are the
property of their respective owners. The
example companies, organizations, products,
domain names, email addresses, logos, people
and events depicted herein are fictitious. No
association with any real company,
organization, product, domain name, email
address, logo, person, or event is intended or
should be inferred.
30. NO
LICENSE
Nothing contained on the
Website should be understood as granting you a
license to use any of the trademarks, service
marks, logos and the like owned by Paul Endress
/ Maximum Advantage or by any third party.
31.
NOTICES
Any notices to Paul Endress
/ Maximum Advantage shall be given by email
to support @ maximumadvantage.com and by
certified mail, return receipt requested Paul
Endress / Maximum Advantage, 4800
Linglestown Rd., Suite 201, Harrisburg, PA,
17112, United States, and as may be
otherwise directed by Paul Endress/ Maximum
Advantage. Any notice to Members shall be
sent by email to the email address provided by
the Member. Email notices to a Member
shall be deemed delivered twenty-four (24)
hours from the time the email is sent.
Notices to Paul Endress / Maximum Advantage
shall be deemed delivered five (5) calendar
days after sent by certified mail.
32. COPYRIGHT INFRINGEMENT
Paul Endress / Maximum
Advantage has in place certain legally mandated
procedures regarding allegations of copyright
infringement occurring on the Website or with
the Services. Paul Endress / Maximum Advantage
has adopted a policy that provides for the
immediate suspension and/or termination of any
Website or Services Member who is found to have
infringed on the rights of Paul Endress /
Maximum Advantage or of a third party, or
otherwise violated any intellectual property
laws or regulations. Paul Endress / Maximum
Advantage’s policy is to investigate any
allegations of copyright infringement brought
to its attention. If you have evidence, know,
or have a good faith belief that your rights or
the rights of a third party have been violated
and you want Paul Endress / Maximum Advantage
to delete, edit, or disable the material in
question, you must provide Paul Endress /
Maximum Advantage with all of the following
information: (a) a physical or electronic
signature of a person authorized to act on
behalf of the owner of the exclusive right that
is allegedly infringed; (b) identification of
the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works
are covered by a single notification, a
representative list of such works; (c)
identification of the material that is claimed
to be infringed or to be 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
Paul Endress / Maximum Advantage to locate the
material; (d) information reasonably sufficient
to permit Paul Endress / Maximum Advantage to
contact you, such as an address, telephone
number, and if available, an electronic mail
address at which you may be contacted; (e) a
statement that you have a good faith belief
that use of the material in the manner
complained of is not authorized by the
copyright owner, its agent, or the law; and (f)
a statement that the information in the
notification is accurate, and under penalty of
perjury, that you are authorized to act on
behalf of the owner of an exclusive right that
is allegedly infringed. For this notification
to be effective, you must provide it to the
Copyright Infringement Unit ,support @
maximumadvantage.com and by certified mail,
return receipt requested Paul Endress / Maximum
Advantage 4800 Linglestown Rd. Suite 201,
Harrisburg, PA 17112, United States.
33.
ACKNOWLEDGEMENT
BY USING THE SERVICES OR
ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ THESE TERMS OF USE AND AGREE TO BE
BOUND BY THEM.
Any rights not expressly
granted herein are reserved.
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