Terms Of Service & Conditions Of Use
The following describes the Terms of
Service Conditions of Use for our WWW.MAXIMUMADVANTAGE.COM website.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR
USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT
USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE
TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL
MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN
'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT,
GRAPHICS, AND LINKS.
By using this website, you agree to obey
these Terms of Service and Conditions of Use. Please read them
carefully.
Our MAXIMUM ADVANTAGE website (and other
“internal” websites stemming from it, such as specific membership sites or webpages pertinent to
the main website or weblog) is an online (and, periodically, offline) information service and is
subject to your compliance with the terms and conditions set forth below (all parts and parties
collectively referred to as our website).
Any other policies, notices, or other
legal/administrative pages contained in our website are necessarily incorporated into these
Terms of Service and Conditions of Use. This may
include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice,
Anti-Spam Policy, and FTC Compliance Policy.
You agree to obey all applicable laws and
regulations regarding your use of our WWW.MAXIMUMADVANTAGE.COM website and the content and
materials provided in it.
Our website is an independent, stand-alone
entity that has no relationship, connection, or affiliation whatsoever with any company, person,
outfit, organization, or group mentioned herein, even if such name appears in our website name,
domain, URL, or otherwise. You should assume no
other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers,
some of which we may be compensated for. You should
simply assume at all times we are being compensated and, while that may not prompt us to make
unsound recommendations, you should always be responsible for your own financial decisions, be
it investing, purchasing, donating, or otherwise.
1. Copyright, Licenses and Idea/User Submissions.
The following describes the Copyright
Notice for our website.
The entire contents of our website are
protected by intellectual property law, including international copyright and trademark
laws. The owner of the copyrights and/or trademarks
are our website, and/or other third party licensors or related entities.
You do not own rights to any article,
book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images,
photos, video, webinar, recording or other materials viewed or listened to through or from our
MAXIMUM ADVANTAGE website or via email or by way of protected content in a membership
site. The posting of data on our website, such as a
blog comment, does not change this fact and does not give you any right in the
data. You surrender any rights to your content
once it becomes part of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You
must retain all copyright and other proprietary notices contained in the original content on any
copy you make of the content. You may not sell or
modify the content or reproduce, display, publicly perform, distribute, or otherwise use the
content in any way for any public or commercial purpose. The use of paid content on any other website or in a networked
computer environment for any purpose is prohibited.
If you violate any of the terms or conditions, your permission to use the content automatically
terminates and you must immediately destroy any copies you have made of the
content.
You are granted a nonexclusive,
nontransferable, revocable license to use our website only for private, personal, noncommercial
reasons. You may print and download portions of
material from the different areas of the website solely for your own non-commercial use,
provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or
proprietary notices from the materials you print or download. Also note that any notice on any portion of our website that
forbids printing & downloading trumps all prior statements and
controls.
As a user, you agree to use the products
and services offered by our website in a manner consistent with all applicable local, state and
federal laws and regulations. No material shall be
stored or transmitted which infringes or violates the rights of others, which is unlawful,
obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of
privacy or publicity rights.
Our WWW.MAXIMUMADVANTAGE.COM website
prohibits conduct that might constitute a criminal offense, give rise to civil liability or
otherwise violate any law. Any activity that
restricts or inhibits any other user from using the services of our website is also
prohibited. Unless allowed by a written agreement,
you may not post or transmit advertising or commercial solicitation on our
website.
You agree to grant to our website a
non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit to any public areas of
our website (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our website
by all means and in any media now known or hereafter developed. You also grant to our website the right to use your name in
connection with the submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that you shall have
no recourse against our website for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to our website.
Trademarks
Publications, products, content or
services referenced herein or on our website are the exclusive trademarks or servicemarks of our
MAXIMUM ADVANTAGE website or related parties. Other
product and company names mentioned in our website may be the trademarks of their respective
owners.
Links to Our Website
You may provide links to our website,
provided you do not change, remove, or obscure the copyright notice or other notices on our
website. Your website or other source of links must
not engage in illegal or pornographic activities.
Finally, you may link provided you understand that you must stop linking to our website
immediately upon request by our website.
2. Use of our website.
You agree, acknowledge, and accept that we
are not trained professionals and do not purport to render professional or expert advice in any
arena.
Data contained on or made available
through our WWW.MAXIMUMADVANTAGE.COM website is not intended to be, and does not constitute,
legal advice. Our website, and your use of it, does
not create an attorney-client relationship. We do
not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked
to our website.
Data contained on or made available
through our website is not intended to be, and does not constitute, medical or health
advice. Our website, and your use of it, does not
create a physician-patient relationship. We do not
warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to
our website.
Data contained on or made available
through our website is not intended to be, and does not constitute, financial/investing
advice. Our website, and your use of it, does not
create an advisor-client relationship. We do not
warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to
our website.
Your use of our MAXIMUM ADVANTAGE website
or materials linked to our website is completely at your own risk. You should not act or depend on any data on our website, where
applicable, without seeking the counsel of a competent lawyer licensed to practice in your
jurisdiction for your particular legal issues. You
should not act or depend on any data on our website, where applicable, without seeking the
counsel of a competent physician licensed to practice in your jurisdiction for your particular
medical issues. You should not act or depend on any
data on our website, where applicable, without seeking the counsel of a competent financial
advisor licensed to practice in your jurisdiction for your particular financial needs and
issues.
We may make changes to the features,
functionality or content of our website at any time. We reserve the right in our sole discretion to edit or delete
any data appearing on our website.
Your Duty To Other Users
Your use of our website is for your own
personal, non-commercial benefit. In no way are you
to leverage our website in a way that mines for the personal information of other, whether in
blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited
commercial email).
If you inadvertently obtain personal
information about other users, you shall not share this with anyone
else.
Restricted access
Access to certain areas of our
WWW.MAXIMUMADVANTAGE.COM website is restricted. We reserve the right to restrict access to other
areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID
(username) and password to enable you to access restricted areas of our website or other content
or services, you must ensure that that user ID and password is kept confidential. You may not
share your user ID and/or password with anyone for any reason, either directly or
indirectly. You accept responsibility for all
activities that occur under your user ID or password.
We may disable your user ID and password
at our sole discretion or if you breach any of the policies or terms governing your use of our
MAXIMUM ADVANTAGE website or any other contractual obligation you owe to
us.
Third-Party Products/Services
You understand that, except for
information, products or services clearly identified as being supplied by our website, our
website does not operate, control or endorse any information, products or services on the
Internet in any way. Except for information
identified by our website as such, all information, products and services offered through our
website or on the Internet generally are offered by third parties that are not affiliated with
our website, and we may be compensated.
Viruses, etc.
You also understand that our MAXIMUM
ADVANTAGE website cannot and does not guarantee or warrant that files available for downloading
through our website will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means external to our website for the
reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE
NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS
AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or
typographical errors. Our WWW.MAXIMUMADVANTAGE.COM
website makes no representations about the accuracy, reliability, completeness, or timeliness of
the content or about the results to be obtained from using our website or the content on
it. Use of our website and the content is at your
own risk. Changes are periodically made to our
website, and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR
WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES
AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE
OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITE, ITS
SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY
FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR
WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER
REMEDIES OTHERWISE AVAILABLE.
Links to Other Websites.
Our website contains links to third party
Websites. Our MAXIMUM ADVANTAGE website makes no
representations whatsoever about any other website which you may access through this one or
which may link to this website. When you access a website from our website, please understand
that it is independent from our website, and that our website has no control over the content on
that website. These links are provided solely as a convenience to you and not as an endorsement
by our website of the contents on such third-party Websites. Our website is not responsible for the content of linked
third-party Websites and does not make any representations regarding the content or accuracy of
material on such third party Websites. If you
decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise
make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you
make. Again, any income claims should be construed
as atypical results and you assume the risk that inferior results obtain, including losses, for
which we carry no responsibility or liability.
User Submissions
As a user of our WWW.MAXIMUMADVANTAGE.COM
website, you are responsible for your own communications and are responsible for the
consequences of their posting. You must not do the
following things: post material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post material that reveals trade secrets,
unless you own them or have the permission of the owner; post material that infringes on any
other intellectual property rights of others or on the privacy or publicity rights of others;
post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or
embarrassing to another user of our website or any other person or entity; post a
sexually-explicit image; post advertisements or solicitations of business; post chain letters or
pyramid schemes; or impersonate another person.
Our website does not represent or
guarantee the truthfulness, accuracy, or reliability of any communications posted by other users
of our website or endorse any opinions expressed by users of our website. You acknowledge that any reliance on material posted by other
users of our website will be at your own risk.
Our MAXIMUM ADVANTAGE website does not
necessarily screen communications in advance and is not responsible for screening or monitoring
material posted by users of our website. If
observed by our website and/or notified by a user of communications which allegedly do not
conform to this agreement, our website may investigate the allegation and determine in good
faith and its sole discretion whether to remove or request the removal of the
communication. Our website has no liability or
responsibility to users of our website for performance or nonperformance of such activities. Our
website reserves the right to expel users of our website and prevent their further access to our
website for violating this agreement or any law or regulation, and also reserves the right to
remove communications which are abusive, illegal, or disruptive.
Social Media Warning (Divulgence of Personal & Private
Information)
Social media has provided a platform for
internet users to disclose much personal information about themselves, in a way that seems
innocuous, if not proper and expected. However,
more than a few folks have already lived to regret personal information that was shared either
by them or others. This has long been true of
simple email. It is exponentially true of social
websites and applications for social media on any other website, including this
one. You are cautioned against carelessly
disclosing information.
3. Indemnification.
You agree to indemnify, defend and hold
harmless our MAXIMUM ADVANTAGE website, its members, officers, directors, employees, agents,
licensors, suppliers and any third party information providers to our website from and against
all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from
any use of our website or violation of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing our website.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of our website and its owners, officers,
directors, employees, agents, licensors, suppliers, and any third party information providers to
the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly against you on its/their
own behalf.
5.Term; Termination.
We reserve the right to investigate
complaints or reported violations of these Terms of Service and Conditions of Use and to take
any action we deem appropriate, including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and disclosing any
data necessary or appropriate to such persons or entities relating to your profile, email
addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may
be terminated by MAXIMUM ADVANTAGE without notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No Attorney-Client
Relationship), and 7 (Miscellaneous) shall survive any termination of this Agreement, in whole
or in part.
6.Hiring an Investment Advisor, Attorney, or Medical or Other Professional /
No Attorney-Client Relationship or Fiduciary Capacity.
Choosing a lawyer, doctor, or investment
advisor is a serious matter and should NOT be based solely on data contained on our website or
in advertisements.
The law is constantly changing and the
data may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different
jurisdictions have different laws and regulations.
This is why you should seriously consider hiring licensed, professional counsel in your
jurisdiction.
Medical issues are complex, and can often
stem from both organic and psychological factors.
Never should a website be used as a source of diagnosing or treating medical
problems.
Financial matters are highly
individualistic. Risk tolerance is just one factor
to consider before making any investments or financial decisions. For these, and other, reasons, you should look to the guidance
of a trained professional, not a website.
You may send us email, but in no instance
will this communication in any way be construed as initiating an attorney-client relationship,
or other professional relationship, and so the contact should not include confidential or
sensitive data because your communication will not be treated as privileged or
confidential.
7. DMCA Compliance
The following describes the DMCA
Compliance for our WWW.MAXIMUMADVANTAGE.COM website.
We at MAXIMUM ADVANTAGE are committed to
responding to any alleged copyright violations, should they occur. Notice of any alleged violation should take the form proposed
by the U.S. Digital Millennium Copyright Act as revealed at
http://www.copyright.gov.
Remedy
If any material infringes on the copyright
of any offended party, we may remove the content from WWW.MAXIMUMADVANTAGE.COM, prevent access
to it, terminate or block access for those responsible for the content, and/or any other action
deemed appropriate. We may also pass along record
of the incident for documentation and/or publication by third parties at our
discretion.
Not Legal Advice/No Attorney-Client Relationship
If you believe your rights have been
violated, it can be a serious matter. This DMCA
notice exists solely to effectuate our efforts, as website owners, to prevent and eliminate
infringement on intellectual property rights. It is
no substitute for the assistance of competent legal counsel. Other remedies and action, such as against an internet service
provider (ISP), may exist. You may wish to seek
legal help immediately.
Notification
For your convenience and to speed
resolution, notice of alleged infringement may be tendered to MAXIMUM ADVANTAGE via email, using
the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and
common law damages, as well as court costs and attorney fees, if you falsify a claim that your
copyrights have been violated. Six figure awards have already been granted for bogus complaints,
so seeking the help of competent counsel is advised.
Assuming you still wish to assert
copyright violation, you should provide the following to speed up the
process:
STEP 1. Identify in adequate detail the
copyrighted item you believe has been violated, by providing the URL to the protected work,
ISBN#, or otherwise.
STEP 2. Identify the URL of the webpage
that you assert is infringing the copyrighted work listed in item #1
above.
STEP 3. Provide contact information for
yourself (email address is preferred, phone is suggested).
STEP 4. Provide information sufficient to
allow us to notify the owner/administrator of the allegedly infringing webpage or other content
such as a blog or forum posting (email address is preferred).
STEP 5. Include the following statement:
"I have a good faith belief that use of the copyrighted materials described above as allegedly
infringing is not authorized by the copyright owner, its agent, or the
law."
STEP 6. Include the following statement:
"I swear, under penalty of perjury, that the information in the notification is accurate and
that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed."
STEP 7. Digitally sign your
affirmation.
Counter-Notification
Note that the party representing the
affected website or provider of content can issue a counter-notification under sections
512(g)(2) and (3) of the Digital Millennium Copyright Act, and so we may again post or link to
the content in that case.
For your convenience, counter notification
may be tendered via email, using the email address and/or contact information provided on this
website. We warn that you will be liable for any
and all statutory and common law damages, as well as court costs and attorney fees, if you
falsify a claim that others’ copyrights have NOT been violated
Assuming you still wish to file a
counter-notice, you should provide the following to speed up the process:
STEP 1. Identify the specific URLs or
other unique identifying information of material that we have removed or disabled access
to.
STEP 2. Provide your name, address,
telephone number, email address, and a statement that you consent to the jurisdiction of Federal
District Court for the judicial district in which your address is located, and that you will
accept service of process from the person who provided notification under subsection (c)(1)(C)
or an agent of such person.
STEP 3. Include the following statement:
"I swear, under penalty of perjury, that I have a good faith belief that each item of content
identified above was removed or disabled as a result of a mistake or misidentification of the
material to be removed or disabled, or that the material identified by the complainant has been
removed or disabled at the URL identified and will no longer be shown."
STEP 4. Digitally sign the affirmation.
8.Miscellaneous.
Governing Law
This Agreement shall treated as though
executed, set in force, and performed in the County of Dauphin, State of
Pennsylvania. Accordingly, it shall be governed and
construed in accordance with the laws of Pennsylvania in terms of those applicable to
agreements, without regard to conflict of law principles.
Disputes
Any cause of action by you with respect to
our WWW.MAXIMUMADVANTAGE.COM website must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions shall be subject to the limitations
set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of
Service and Conditions of Use or our website, excluding intellectual property right infringement
and other claims by us, shall be settled confidentially through mandatory binding arbitration
per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in
YOURSTATE. Each party shall bear one half of the
arbitration fees and costs incurred, and each party shall bear its own lawyer
fees. All claims shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party.
Modification
Neither the course of conduct between the
parties nor industry trade practice shall act to modify any provision of this
Agreement.
Assignability
Our website may assign its rights and
duties under this Agreement to any party at any time without notice to
you.
Contra Preferentum
The language in these Terms of Service and
Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against
any party. Any rule of construction to the effect
that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”)
shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement
shall be construed as having been co-authored by the parties.
Severability
Should any part of these Terms of Service
and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much
as possible consistent with applicable law and severability shall apply to the remaining
portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or
associated with our website is in conflict or inconsistent with these Terms of Service and
Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of
these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor
of the right to enforce the provision.
Our rights under these Terms of Service
and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein
are reserved to MAXIMUM ADVANTAGE.
CHANGE NOTICE: As with any of our
administrative and legal notice pages, the contents of this page can and will change over
time. Accordingly, this page could read differently
as of your very next visit. These changes are
necessitated, and carried out by MAXIMUM ADVANTAGE, in order to protect you and our
WWW.MAXIMUMADVANTAGE.COM website. If this page is
important to you, you should check back frequently as no other notice of changed content will be
provided either before or after the change takes effect.
QUESTIONS/COMMENTS/CONCERNS: If you have
any questions about the contents of this page, or simply wish to reach us for any other reason,
you may do so by using our Contact
information.
Maximum Advantage LLC
4800 Linglestown Rd.
Harrisburg, PA 17112
800-788-2068
info@maximumadvantage.com
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