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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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