MAX4VETS TERMS OF USE
WELCOME TO MAX4VETS, WHICH IS PROVIDED BY 61SS LLC (either
"we" or "us"). THESE TERMS OF USE GOVERN YOUR USE OF THE WEBSITE, CONTENT, SOFTWARE
AND SERVICES OFFERED THROUGH MAX4VETS.COM.
YOUR CONFIRMATORY ACT OF USING MAX4VETS.COM
SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION
PRACTICES DISCLOSED IN THE MAX4VETS.COM PRIVACY POLICY, AND YOU CONSENT TO RECEIVE
REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO
NOT USE MAX4VETS.COM.
1. CHANGES TO THE TERMS OF USE
We may change these Terms of Use at any time. You can review the most current version of these terms by clicking
on the "Terms of Use" hypertext link located on our web pages. You are responsible
for checking these terms periodically for changes. If you continue to use MAX4VETS.COM
after we post changes to these Terms of Use, you are signifying your acceptance
of the new terms.
2. REGISTERED USERS
Services are available only to registered
users of MAX4VETS.COM and require you to sign in with a screen name to use them.
Your use of these services as a registered user of MAX4VETS.COM will be subject
to the registered user terms of service. You will be given the opportunity to join
MAX4VETS.COM when you sign up for services which require registration.
3. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
You agree that we may provide to you required notices,
agreements and other information concerning MAX4VETS.COM electronically. We will
post the notices on the home page of MAX4VETS.COM or on the relevant web page of
the applicable service. If you want to withdraw your consent to receive notices
electronically, you must discontinue your use of MAX4VETS.COM.
4. MAX4VETS PRIVACY POLICY
The MAX4VETS.COM privacy policy explains the practices that apply to your
information when you use MAX4VETS.COM. Your ongoing use of MAX4VETS.COM signifies
your consent to the information practices disclosed in our Privacy Policy.
Thank you for registering your Screen Name to obtain access to MAX4VETS.COM
services. MAX4VETS.COM offers you access to a variety of features, offerings and
content. By registering your Screen Name, you gain access to MAX4VETS.COM.
When you register with and use the MAX4VETS.COM, you provide the MAX4VETS.COM with personally
identifiable information (your " MAX4VETS.COM information"). This Policy explains
the information practices that apply to your MAX4VETS.COM information, as well as
the choices you can make about how this information is used by MAX4VETS.COM.
This Privacy Policy applies only to information MAX4VETS collects about you as a user
of MAX4VETS.COM.
- The only personally identifiable information we obtain about
individual visitors to its Web sites, such as name, address, telephone numbers,
e-mail addresses, and credit card information, is that supplied voluntarily by visitors
who elect to contact us or pay for our services.
- Any and all such personal information
provided by visitors is regarded as confidential, and under no circumstances will
it be disclosed to ANY third parties, such as advertisers, database compilers, etc.
without express permission from the visitor.
- Only statistical information such
as usage habits and demographics of our visitors as a group may be shared with any
partner of MAX4VETS.COM. Personally identifiable information will not be shared
at any time.
- We employ strict security measures to safeguard all online transactions.
Personal information is stored in a secured database and always sent via an encrypted
Internet channel to our merchant service company.
- We protect the privacy of any
health-related information entered into our programs. Moreover, we isolate all such
information such that it is impossible to link or associate it with any personally
identifiable data submitted voluntarily or obtained for credit card payment. We
do, however, collect purely statistical data on program use.
5. CHANGES TO MAX4VETS.COM
We may discontinue or change any service or feature on MAX4VETS.COM at any time
and without notice.
6. ACCESS COSTS
You must provide at your own expense the equipment
and Internet connections that you will need to access and use MAX4VETS.COM. If you
access MAX4VETS.COM through a telephone line, please call your local phone company
to determine if the access numbers you select are subject to long distance or other
toll charges at your location. Also, if you access MAX4VETS.COM through wireless
applications (e.g., cell phones), your carrier, such as a wireless carrier, may
charge fees for alerts, web browsing, messaging and other services that require
the use of airtime and wireless data services. Check with your carrier to verify
whether there are any such fees that may apply to you. You are solely responsible
for any costs you incur to access MAX4VETS.COM through any wireless or other communication
service.
7. YOUR RESPONSIBILITIES
You may use MAX4VETS.COM for lawful purposes
only. You may not submit or transmit through MAX4VETS.COM any material, or otherwise
engage in any conduct that:
(1) Violates or infringes the rights of others including,
without limitation, patent, trademark, trade secret, copyright, publicity or other
proprietary rights,
(2) Is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains
explicit or graphic descriptions, or accounts of, sexual acts,
(3) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability,
(4) Impersonates any person, business or entity, including MAX4VETS.COM and its employees and agents,
(5) Contains viruses or any other computer code, files or programs that interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment, or otherwise permit the unauthorized use of a computer or computer network,
(6) Encourages conduct that would constitute a criminal offense, or that gives rise
to civil liability,
(7) Violates these Terms of Use, guidelines or any policy posted
on MAX4VETS.COM, or
(8) Interferes with the use of MAX4VETS.COM by others.
You may not use MAX4VETS.COM in any manner that could damage, disable, overburden, or impair
our servers or networks, or interfere with any other party's use and enjoyment of
MAX4VETS.COM. You may not attempt to gain unauthorized access to any services, user
accounts, computer systems or networks, through hacking, password mining or any
other means. We may take any legal and technical remedies to prevent the violation
of this provision and to enforce these Terms of Use.
8. NO SPAM
You may not use MAX4VETS.COM or any of our communication tools to transmit, directly or indirectly,
any unsolicited bulk communications (including e-mails and instant messages). You
may not harvest information about our users for the purpose of sending, or to facilitate
the sending, of unsolicited bulk communications. You may not induce or allow others
to use MAX4VETS.COM to violate the terms of this section. We may terminate your
access or use of MAX4VETS.COM immediately and take any other legal action if you,
or anyone using your access to MAX4VETS.COM, violates these provisions. We may take
any technical remedies to prevent unsolicited bulk communications from entering,
utilizing, or remaining with in our computer or communications networks.
9. PROPRIETARY RIGHTS.
Part of the information provided within the MAX4VETS.COM website is extracted
directly from the CODE OF FEDERAL REGULATIONS TITLE 38. We assert our use of this
information under the rights provided by the U.S. Freedom of Information Act (FOIA).
The Electronic Code of Federal Regulations (e-CFR) is a currently updated version
of the Code of Federal Regulations (CFR). It is not an official legal edition of
the CFR. The e-CFR is an editorial compilation of CFR material and Federal Register
amendments produced by the National Archives and Records Administration's Office
of the Federal Register (OFR) and the Government Printing Office. The OFR updates
the material in the e-CFR on a daily basis. The current update status appears at
the top of all e-CFR web pages. MAX4VETS makes every effort to maintain those parts
extracted from the Code of Federal Regulations updated and we review the Code of
Federal Regulations frequently in that effort. MAX4VETS encourages users to review
the electronic CODE OF FEDERAL REGULATIONS TITLE 38 to ensure proper wording and
codes have not changed since last updated on our website. Users agree here-by that
it is reasonable to expect that changes to the electronic CODE OF FEDERAL REGULATIONS
TITLE 38 will take place before they are updated on MAX4VETS.COM and will not hold
MAX4VETS.COM liable or otherwise responsible for any misinformation due to recent
updates made to the CODE OF FEDERAL REGULATIONS TITLE 38.
All original content not
extracted from U.S. Code of Federal Regulations and website functionality, Operation
and design is protected by international treaties, and by copyright, trademark,
patent, and trade secret laws and other proprietary rights. For example, we own
a copyright in the selection, organization, arrangement, and enhancement of the
content, as well as in our original content. The look and feel of our color combinations,
button shapes, and other graphical elements on MAX4VETS.COM are our trademarks.
10. FREEDOM OF INFORMATION ACT.
The U.S. Freedom of Information Act (FOIA) is a
law ensuring public access to U.S. government records. FOIA carries a presumption
of disclosure; the burden is on the government - not the public - to substantiate
why information may not be released. Upon written request, agencies of the United
States government are required to disclose those records, unless they can be lawfully
withheld from disclosure under one of nine specific exemptions in the FOIA. This
right of access is ultimately enforceable in federal court.
11. LICENSE TO USE MAX4VETS.COM.
You may use MAX4VETS.COM and the Content offered on MAX4VETS.COM only for personal,
non-commercial purposes. You may use Content offered for downloading for personal
use only and subject to the rules that accompany that particular Content. You may
not use the Content in a manner that exceeds the rights granted for your use of
the Content. You may not use any data mining, robots, or similar data gathering
and extraction tools on the Content, frame any portion of MAX4VETS.COM or Content,
or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify,
translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise
distribute the Content without our prior written consent. You may not circumvent
any mechanisms included in the Content for preventing the unauthorized reproduction
or distribution of the Content.
12. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has
been copied and is accessible on MAX4VETS.COM in a way that constitutes copyright
infringement, you may notify us by providing our copyright agent with the following
information:
- The electronic or physical signature of the owner of the copyright
or the person authorized to act on the owner's behalf.
- A description of the copyrighted
work that you claim has been infringed and a description of the infringing activity.
- identification of the location where the original or an authorized copy of the
copyrighted work exists, for example the URL of the website where it is posted or
the name of the book in which it has been published.
- Identification of the URL
or other specific location on this site where the material that you claim is infringing
is located; you must include enough information to allow us to locate the material.
- Your names, address, telephone number, and email address.
- A statement by you
that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law.
- A statement by you made under penalty
of perjury, that the above information in your Notice is accurate and that you are
the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this site can be reached
as follows:
By mail:
13. DISCLAIMER OF WARRANTIES.
We provide MAX4VETS "as is",
"with all faults" and "as available." TO THE EXTENT PERMITTED BY LAW, WE AND OUR
SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT MAX4VETS AND ALL SOFTWARE, CONTENT AND
SERVICES DISTRIBUTED THROUGH MAX4VETS ARE MERCHANTABLE, OF SATISFACTORY QUALITY,
ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO
NOT GUARANTEE THAT MAX4VETS WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE,
WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF MAX4VETS, INCLUDING ANY SUPPORT SERVICES, WILL
BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE
THAT YOU WILL BE ABLE TO ACCESS OR USE MAX4VETS (EITHER DIRECTLY OR THROUGH THIRD-PARTY
NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY A MAX4VETS REPRESENTATIVE SHALL CREATE A WARRANTY. You may have
additional consumer rights under your local laws that this contract cannot change.
14. LIMITATION OF LIABILITY.
YOUR SOLE EXCLUSIVE REMEDY REGARDING ANY INFORMATION
PROVIDED BY US SHALL BE THE REINBURSMENT OF ANY SERVICE FEES PAID BY YOU TO MAX4VETS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR
USE OF MAX4VETS. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT
AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF MAX4VETS EXCEED
THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE
SPECIFIC SERVICE AT ISSUE.
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING
FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON AOL.COM. THESE EXCLUSIONS APPLY
TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY
OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
15. INDEMNIFICATION.
Upon a request by us, you agree to defend, indemnify, and hold
harmless us and our parent and other affiliated companies, and our respective employees,
contractors, officers, directors, and agents from all liabilities, claims, and expenses,
including attorney's fees that arise from your use or misuse of MAX4VETS. We reserve
the right, at our own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will cooperate
with us in asserting any available defenses.
16. INTERNATIONAL USE.
We make no representation
that content on MAX4VETS is appropriate or available for use in locations outside
the United States, and accessing it from territories where the content is illegal
is prohibited. If you choose to access MAX4VETS from a location outside the U.S.,
you do so on your own initiative and you are responsible for compliance with local
laws.
17. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
You agree that the
laws of the State of Texas govern this contract and any claim or dispute that you
may have against us, without regard to Texas conflict of laws rules, and that the
United Nations Convention on Contracts for the International Sale of Goods shall
have no applicability. You further agree that any disputes or claims that you may
have against us will be resolved by a court located in the State of Texas and you
agree and submit to the exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO
THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST
US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY
CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS
IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING
YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF TEXAS OVER
FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
18. SEVERABILITY AND INTEGRATION.
This contract and any supplemental terms, policies, rules and guidelines posted
on MAX4VETS constitute the entire agreement between you and us and supersede all
previous written or oral agreements. If any part of these Terms of Use is held invalid
or unenforceable, that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions of the parties, and
the remaining portions shall remain in full force and effect.
19. TERMINATION.
Your right to use MAX4VETS automatically terminates if you violate these Terms of Use
or any rules or guidelines posted in connection with MAX4VETS. We also reserve the
right, in our sole discretion, to terminate your access to all or part of MAX4VETS,
for any reason, with or without notice.