Terms & Conditions
Last updated: September 12, 2014
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of Maxus and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Maxus.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Maxus. These links are provided solely as a convenience to you and not as an endorsement by us of the content and or services on such sites.
Maxus has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Maxus 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 web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
In using the Service, you agree: to use the Service and the content only for lawful purposes; not to disrupt or interfere with the security of or otherwise abuse the Service, or any services, system resources, accounts, servers or networks connected to or accessible through the Service or affiliated or linked websites; not to violate the privacy or publicity rights or infringe upon the intellectual property or other proprietary rights of third parties; not to use or attempt to use another person’s personal information, or create a false identity on the Service; and not to attempt to obtain unauthorized access to the Service or portions of the Service that are restricted from general access.
You are prohibited form the use of the service or its content that would give rise to liability of Maxus or otherwise violate any applicable local, state, federal or international law or regulation.
Submissions to the Service
You agree to defend, indemnify and hold harmless Maxus, its licensee and licensors, and its and their employees, contractors, agents, officers, members, managers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and/or expenses (including but not limited to attorney’s fees and costs), resulting from or arising out of (a) your use and access of the Service, or (b) a breach of these Terms.
Limitation Of Liability
IN NO EVENT SHALL MAXUS, NOR ITS DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
Maxus, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
We may terminate or suspend access to our Service at any time, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination of your use or access to the Service, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with all applicable Federal laws of the United States of America and the laws of the State of Ohio, without regard to its conflict of law provisions. All claims and disputes arising out of these Terms and applicable Federal law or your use of the Service, other than actions for specific performance or injunctive relief by Maxus, shall be exclusively brought in the federal, state or local courts in Ohio and, with respect to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any cause of action you may have with respect to the Service and/or these Terms must be commenced within one (1) year after the claim or cause of action arose, or be barred.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined by us at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.