Effective Date: May 8, 2020
Max Arms, LLC (hereinafter “Max Arms”) is a limited liability company organized under the laws of the State of Florida. Max Arms is the owner and provider of the max-arms.com Website and their associated services (hereinafter “Website”). The terms and conditions herein govern your use of the Website.
Max Arms reserves the right to modify or replace this Agreement at any time and in its sole discretion. In the event Max Arms modifies or replaces this Agreement, the Effective Date, located above, will change. Your use of the Website after a change in its Effective Date constitutes your agreement to any changes made to this Agreement.
You warrant that you are of sound mind and competent to agree to the provisions of these TOU thereby entering into a binding Agreement with Max Arms. You also warrant that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty applicable to individuals or other entities located in the jurisdiction in which you live, conduct business, or make use of the Website. You further warrant that you are not prohibited from entering into this Agreement by the terms of any pre-existing agreement or obligation. If you are accessing or using the Website on behalf of a governmental organization, non-governmental organization, business, or other legal entity, you warrant that you are an authorized agent of that organization and that you have the authority to bind that organization to the terms of this Agreement.
Intellectual Property Rights
Max Arms is the owner of all rights in, and to, the Website and its associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. Max Arms expended a lot of time and effort developing the Website. We are proud of it, and we hope you appreciate how important it is for Max Arms to protect its intellectual property. The Website is subject to copyright and other intellectual property rights under the laws of the United States, foreign states, as well as international treaties, and Max Arms provides you with the right to use the Website on a limited basis without forfeiting any of its rights in and to the Website and associated content. You are expressly prohibited from using the Website for any purposes not stated in these TOU.
How You May Use max-arms.com
Max Arms hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website for its customary and intended purposes. Use of the Website for a purpose outside of its customary and intended purposes or in violation of the express provisions of these TOU will immediately termination any limited license granted to you by Max Arms through these TOU or otherwise. This license may be revoked by Max Arms in its sole discretion at any time, and any rights not expressly granted herein are reserved by Max Arms.
You are expressly prohibited from reproducing, preparing derivative works based upon, distributing, publicly performing, publicly displaying, scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of Max Arms. The prohibition on crawling and/or aggregating does not apply to search engines that appropriately comply with Max Arms’ robots.txt file.
Registering an Account with Max Arms
In order to obtain access to additional features or areas of the Website, you may be required to register an account (“Account”). You may only use the Account that you register and you are expressly prohibited from providing third parties with access to your Account. You agree that, in registering an Account, you will provide Max Arms with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password. We take your privacy and our security seriously, and you are solely responsible for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide written notice to Max Arms. By creating an Account, you agree to allow Max Arms to contact you as needed and determined in its sole discretion by any available means, including, but not limited to, the email address you provide when registering your Account. Max Arms reserves the right to accept, reject, modify, suspend, or delete any Account at any time and for any reason in its sole discretion. By registering an Account, you agree to allow Max Arms to market new products and services to you using the contact information you provide.
Your Use of max-arms.com as it Affects Third Parties
Some portions of the Website may allow you to share or post information, including photographs and other media. You warrant that any content uploaded or transmitted to or using the Website is owned by you or that you have obtained appropriate rights to use the content for such purposes. If you hold any copyright rights to content uploaded to the Website by you, you will retain such rights but grant Max Arms, its successors and assigns, an irrevocable, non-exclusive, royalty free license to use such content in connection with the Website for its customary and intended purposes. You warrant that any use of the Website or transmission of content via the Website will not: (1) violate any term or condition of these TOU; (2) violate the rights of any third party, including rights of privacy, publicity, or intellectual property rights; or (3) violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. By uploading or transmitting information using the Website, you expressly waive your rights to publicity and privacy with respect to the content.
DMCA and CDA Policy
You acknowledge and agree that the Website is an interactive computer service as defined under § 230 of the Communications Decency Act (“CDA”). Max Arms will not be considered a speaker or publisher of any information provided by You or any third party using the Website regardless of whether Max Arms chooses to remove, suspend, change, or amend such information.
The Website is protected by copyright and such rights are owned by Max Arms. Although Max Armsdoes not plan to host user-generated content, it may provide you or other users with the ability to upload or post information to public or semi-public areas of the Website. If such functionality become available, Max Arms will expeditiously respond to all properly issued notifications of copyright infringement that are sent to Max Arms’ designated copyright agent pursuant to 17 U.S.C. § 512.
All notices of copyright infringement must contain the following:
Upon receipt of a proper notice of copyright infringement as described above, Max Arms will remove the allegedly infringing content within a reasonable time period and take reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification.
All counter-notifications must contain the following:
All notices of infringement and counter-notifications may be sent to: firstname.lastname@example.org.
You agree to hold harmless, defend, and indemnify Max Arms from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys’ fees, arising out of or related to: (1) the creation or use of an Account; (2) the uploading or transmitting of user-generated content using the Website; (3) a violation of any provision of these TOU; (4) the violation of any right of any third party, including rights of privacy, publicity, and/or intellectual property rights in connection with your use of the Website; and (5) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international in connection with your use of the Website. Your obligation to indemnify Max Arms will not provide you with the ability or right to control Max Arms’ defense or legal strategy, and Max Arms reserves the right to control its defense in its sole discretion, including, but not limited to, the choice to litigate or settle and the choice of counsel.
Modification of the Website or Max Arms’ Services
Max Arms reserves the right to accept, reject, modify, suspend, or delete any Account or user-generated content at any time for any reason as determined in its sole discretion. Max Arms reserves the right to modify or cease providing access to the Website or any of its associated services at any time without notice in its sole discretion.
Interactions Between Users of the Website
You understand and agree that Max Arms provides the Website as a service and takes no responsibility and cannot be held liable or responsible for any communication or conduct entered into by or between users of the Website whether through Accounts or otherwise. Max Arms makes no representations or warranties with respect to any user’s communications received by you through the Website.
Specifically Prohibited Use of the Website
You agree that you will not: (1) send unsolicited commercial messages through the Website or to users of the Website; (2) impose a disproportionate load on the Website or its server infrastructure or otherwise attempt to interfere with the operation of the Website; (3) circumvent any technological or security protection mechanisms used by Max Arms; (4) use a robot, spider, scraper, or other automated technology to access the App; (5) attempt to gain access to the private data or personal information of a user of the Website or a third party through the Website; (6) post or otherwise transmit content intended to collect personal or personally identifiable information from users of the Website or third parties by using the Website in any way; (7) harass any user of the Website; (8) harass any third party through your use of the Website; (9) post or transmit content that threatens or encourages bodily harm or the destruction of property; (10) post or transmit content that infringes upon the intellectual property rights of other users of the Website or third parties; (11) post or transmit content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, a chain letter, or any similar nuisance; or (12) post or transmit any content of a graphic sexual nature or content in violation of 18 U.S.C. § 2257.
All payments for services and any applicable taxes, information, or otherwise, offered through the Website are non-refundable. You hereby authorize Max Arms’ payment processing agent to charge your credit card (or other approved payment facility). You further agree to pay all required fees and charges on time, and Max Arms may terminate or disable your access to the Website or suspend its services if you fail to pay any amount owing to Max Arms when due. You agree that you will pay all costs of collection, including legal fees, incurred by Max Arms if it is forced to expend resources collecting any monies owed to it by you.
In the event you dispute the amount or validity of any payments made under these TOU, you must notify Max Arms within ten (10) days of any such dispute. You understand and agree that by failing to notify Max Arms of any dispute within ten (10) days you will expressly waive any claims related to the disputed payment.
Third Party Links
This Agreement will remain in full force and effect until your Account is closed and Max Arms has delivered all services contracted for. You may terminate your Account by notifying Max Arms at email@example.com in a signed writing stating your intent to terminate the Agreement created by these TOU and your use of the Website. Max Arms may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to a violation of a term or condition of these TOU as determined by Max Arms in its sole discretion. If Max Arms terminates this Agreement, it will provide you with any goods acquired on your behalf and any funds from your Account less any fees or amounts owed to Max Arms within a reasonable time after termination as determined by Max Arms in its sole discretion.
Max Arms Disclaimer of Warranties
MAX ARMS PROVIDES THE WEBSITE ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
Limitation of Liability
MAX ARMS WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS’ FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF MAX ARMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MAX ARMS WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF ACCOUNTS OR ANY USER GENERATED CONTENT. MAX ARMSs IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF THE WEBSITE OR ANY PORTION THEREOF, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. MAX ARMS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Max Arms may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
Choice of Law
This Agreement shall be governed in all respects by the laws of the State of Florida without respect to choice of law provisions. You agree that any claim or dispute you may have against Max Arms, its agents, or any successor in interest must be resolved by a court located in Martin County in the State of Florida. You agree to submit to the personal jurisdiction of the courts located within Martin County, Florida for the purpose of litigating or otherwise resolving all such claims or disputes.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Limitation on Actions
MAX ARMS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WESBITE OR MAX ARMS’ RELATED SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to Max Arms.