| Thank You for
visiting our website! We hope your cyber-space journey is a
pleasant one.
We have developed this terms
of use agreement to help make your visit and use of our website
and enjoyable one. Please help us keep our website free of
pornography or other offensive material. If you find anything
offensive please report it to the webmaster!
We provide this service to you
subject to the following Term of Use.
The Max Exchange Trust and
it's network divisions is/are a directory of consumer related
service companies and other information.
You agree to not use the
Service to:
- upload email post
transmit or otherwise make available any Content that is
unlawful threatening abusive harassing hateful or racially
defamatory vulgar obscene libelous invasive of another's
privacy ethnically or otherwise objectionable;
- upload post email
transmit or otherwise make available any Content that
infringes any patent trademark trade secret copyright or
other proprietary rights ("Rights") of any party;
- upload post email
transmit or otherwise make available any unsolicited or
unauthorized advertising promotional materials "junk mail"
"spam" "chain letters" "pyramid schemes" or any other form
of solicitation except in those areas (such as shopping
rooms) that are designated for such purpose;
- upload post email
transmit or otherwise make available any Content that you do
not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside
information proprietary and confidential information learned
or disclosed as part of
- upload post email
transmit or otherwise make available any material that
contains software viruses or any other computer code files
or programs designed to interrupt destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
- impersonate any person or
entity including but not limited to a The Max Exchange Trust
official forum leader guide or host or falsely state or
otherwise misrepresent your affiliation with a person or
entity;
- intentionally or
unintentionally violate any applicable local state national
or international law including but not limited to
regulations promulgated by the U.S. Securities and Exchange
Commission any rules of any national or other securities
exchange including without limitation the New York Stock
Exchange the American Stock Exchange or the NASDAQ and any
regulations having the force of law;
- disrupt the normal flow
of dialogue cause a screen to "scroll" faster than other
users of the Service are able to type or otherwise act in a
manner that negatively affects other users' ability to
engage in real time exchanges;
- interfere with or disrupt
the Service or servers or networks connected to the Service
or disobey any requirements procedures policies or
regulations of networks connected to the Service;
- collect or store personal
data about other users.
- sending members any
unsolicited email advertising is strictly prohibited. You
agree that violating this terms of use agreement to pay Max
Exchange $250 for occurrence pursuant to the CanSpam Act.
You agree not to reproduce duplicate copy sell resell or exploit
for any commercial purposes any portion of the Service use of
the Service or access to the Service.
If you receive a password and
account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality
of the password and account and are fully responsible for all
activities that occur under your password or account. You agree
to (a) immediately notify The Max Exchange Trust of any
unauthorized use of your password or account or any other breach
of security and (b) ensure that you exit from your account at
the end of each session. The Max Exchange Trust cannot and will
not be liable for any loss or damage arising from your failure
to comply.
You acknowledge that The Max
Exchange Trust does not pre-screen Content There also may be
links to third parties World Wide Web sites or resources.
Because The Max Exchange Trust and its network divisions has
no control over such sites and other resources you acknowledge
and agree that The Max Exchange Trust its network divisions and
its successors and assigns is/are not responsible for the
availability of such sites or resources and does not endorse and
is not responsible or liable for any Content advertising
products or other materials on or available from such sites or
resources. You further acknowledge and agree that The Max
Exchange Trust its network divisions and its successors and
assigns shall not be responsible or liable directly or
indirectly for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content
goods or services available on or through any such site or
resource. You agree to indemnify and hold The Max Exchange Trust
and its subsidiaries affiliates officers agents co-branders or
other partners and employees harmless from any claim or demand
including reasonable attorneys' fees made by any third party due
to or arising out of Content you submit post transmit or make
available through the Service your use of the Service your
connection to the Service your violation of the Terms of Use or
your violation of any rights of another.
Your correspondence or
business dealings with or participation in promotions of
advertisers and/or other websites found on or through The Max
Exchange Trust and/or the Max Exchange Trust its network
divisions websites including payment and delivery of related
goods or services and any other terms conditions warranties or
representations associated with such dealings is between the
user and the advertisers or other parties. You agree hold
harmless The Max Exchange Trust its network divisions and
its successors and assigns for any loss or damage of any sort
incurred as the result of any such dealings or as the result of
the presence of such advertisers.
You understand that all
information data text software music sound photographs graphics
video messages or other materials ("Content") whether publicly
posted or privately transmitted are the sole responsibility of
the person from which such Content originated. This means that
you and not The Max Exchange Trust are entirely responsible for
all Content that you upload post email transmit or otherwise
make available via the Service. The Max Exchange Trust does not
control the Content posted via the Service and as such does not
guarantee the accuracy integrity or quality of such Content. You
understand that by using the Service you may be exposed to
Content that is offensive indecent or objectionable. Under no
circumstances will The Max Exchange Trust be liable in any way
for any Content including but not limited to for any errors or
omissions in any Content or for any loss or damage of any kind
incurred as a result of the use of any Content posted emailed
transmitted or otherwise made available via the Service.
It is the sole responsibility
of the user to be sure they are dealing with a reliable and
competent business(s). The user is solely responsible for
checking the business(s) references licensing insurance and
other pertinent background information of any business(s) before
doing business with them and shall not rely on solely on the
information or ratings provided on The Max Exchange Trust and/or
the Max Exchange Trust and its network divisions. You further
acknowledge and agree that The Max Exchange Trust and its
network divisions shall not be responsible or liable directly or
indirectly for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content
goods or services available on or through any such site or
resource. And you agree to hold the Max Exchange Trust it's
network divisions and its successors and assigns harmless.
You acknowledge and agree that
The Max Exchange Trust may preserve Content and may also
disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the
Terms of Use; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights property
or personal safety of The Max Exchange Trust its users and the
public.
The Max Exchange Trust does
not claim ownership of Content you submit or make available for
inclusion on the Service. However with respect to Content you
submit or make available for inclusion on publicly accessible
areas of the Service you grant The Max Exchange Trust the
following world-wide royalty free and non-exclusive license(s)
as applicable:
- With respect to Content
you submit or make available for inclusion on publicly or
privately accessible areas of the Max Exchange Trust the
license to use distribute reproduce modify adapt publicly
perform and publicly display such Content on the Service
solely for the purposes of providing and promoting the
specific the Max Exchange Trust to which such Content was
submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or The Max
Exchange Trust removes such Content from the Service.
- If you are requesting
information or services from one of our Free request forms
you agree to allow the The Max Exchange Trust and its
network divisions to share the information provided with
participating members either by email or posting on our
members only website so that they may better serve you. You
further agree to receive email promotions and newsletters
etc. from our participating members. You may opt out from
receiving any further messages from individual members by
replying to their email with the words remove in the subject
box. The Max Exchange Trust and its network divisions make
no guarantees that your Requests will be fulfilled. Please
accept our apologies if we are unable to help you!
- With respect to photos
graphics audio or video you submit or make available for
inclusion on publicly accessible area of the Service other
than the Max Exchange Trust or the Max Network the license
to use distribute reproduce modify adapt publicly perform
and publicly display such Content on the Service solely for
the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect
to continue to include such Content on the Service and will
terminate at the time you remove or The Max Exchange Trust
removes such Content from the Service.
- With respect to Content
other than Terms of Use graphics audio or video you submit
or make available for inclusion on publicly accessible areas
of the Service other than the Max Exchange Trust or the Max
Network the perpetual irrevocable and fully sub-licensable
license to use distribute reproduce modify adapt publish
translate publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later
developed.
"Publicly accessible" areas of
the Service are those areas of the The Max Exchange Trust
network of properties that are intended by The Max Exchange
Trust to be available to the general public. By way of example
publicly accessible areas of the Service would include The Max
Exchange Trust. Message Boards and portions of the Max Exchange
Trust and the Max Exchange Trust Groups that are open to both
members and visitors. However publicly accessible areas of the
Service would not include portions of the Max Exchange Trust
and the Max Exchange Trust Groups that are limited to members
The Max Exchange Trust services intended for private
communication such as the Max Exchange Trust Mail or the Max
Exchange Trust Messenger or areas off of the The Max Exchange
Trust network of properties such as portions of World Wide Web
sites that are accessible through the Max Exchange Trust but are
not hosted or served by The Max Exchange Trust.
You acknowledge that The Max
Exchange Trust may establish general practices and limits
concerning use of the Service including without limitation the
maximum number of days that email messages message board
postings or other uploaded Content will be retained by the
Service the maximum number of email messages that may be sent
from or received by an account on the Service the maximum size
of any email message that may be sent from or received by an
account on the Service the maximum disk space that will be
allotted on The Max Exchange Trust's servers on your behalf and
the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree
that The Max Exchange Trust has no responsibility or liability
for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the
Service. You acknowledge that The Max Exchange Trust reserves
the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that The Max Exchange
Trust reserves the right to change these general practices and
limits at any time in its sole discretion with or without
notice.
The Max Exchange Trust
reserves the right at any time and from time to time to modify
or discontinue temporarily or permanently the Service (or any
part thereof) with or without notice and without refund, if any.
You agree that The Max Exchange Trust shall not be liable to you
or to any third party for any modification suspension or
discontinuance of the Service.
You agree that The Max
Exchange Trust in its sole discretion may terminate your
password account (or any part thereof) or use of the Service and
remove and discard any Content within the Service for any reason
including without limitation for lack of use or if The Max
Exchange Trust believes that you have violated or acted
inconsistently with the letter or spirit of the Terms of Use.
The Max Exchange Trust may also in its sole discretion and at
any time discontinue providing the Service or any part thereof
with or without notice. You agree that any termination of your
access to the Service under any provision of this Terms of Use
may be effected without prior notice and acknowledge and agree
that The Max Exchange Trust may immediately deactivate or delete
your account and all related information and files in your
account and/or bar any further access to such files or the
Service. Further you agree that The Max Exchange Trust shall not
be liable to you or any third-party for any termination of your
access to the Service.
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is
protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights trademarks
service marks patents or other proprietary rights and laws.
Except as expressly authorized by The Max Exchange Trust or
advertisers you agree not to modify rent lease loan sell
distribute or create derivative works based on the Service or
the Software in whole or in part.
You acknowledge that by
filling out any forms and submitting them you opt-in to receive
information and offers from our members. You may opt-out from
receiving further for information and offers by sending an email
to us with the word "remove" in the subject line. You also
acknowledge that filling out any form found on the Max Exchange
Trust network websites, that said information shall be sent to
parties at the sole discretion of the Max Exchange Trust. You
also acknowledge that the Max Exchange does not give any advice
and is not associated with any legal, real estate, insurance
company etc. You agree that our sending the information to the
appropriate parties is A FREE Service and that you hall hold the
Max Exchange Trust harmless.
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
- YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. THE MAX EXCHANGE TRUST EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR
IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
- THE MAX EXCHANGE MAKES
NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS
(ii) THE SERVICE WILL BE UNINTERRUPTED TIMELY SECURE OR
ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE (iv) THE
QUALITY OF ANY PRODUCTS SERVICES INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION
WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM THE MAX
EXCHANGE TRUST OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
- YOU SHALL THE MAX EXCHANGE TRUST HARMLESS
AND HEREBY WAIVE ANY RIGHTS TO BRING ANY TYPE OF LEGAL
ACTION AGAINST THE MAX EXCHANGE TRUST FOR ANY REASON.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT THE MAX EXCHANGE TRUST SHALL NOT BE LIABLE FOR ANY
DIRECT INDIRECT INCIDENTAL SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS
GOODWILL USE DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MAX
EXCHANGE TRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS DATA INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
Thank You for visiting our
website! Please come back and visit us again!
Max
The Cyberspace Dog
All content subject to change
without notice. |