TERMS OF USE

Please read the following terms of use (the “Terms of Use”) carefully. These Terms of Use govern your use of our websites, which include but are not limited to www.maximoneapp.com, and www.portal.maximoneapp.com (the “Websites”), as well as any mobile applications associated with the Websites (the “Mobile Applications”), associated content (“Content,” as defined below), or functionality contained on the Websites (the “Services” and, together with the Websites and Mobile Applications collectively, the “System”). The System is the property of Maxim One Inc. (“Maxim One,” as defined below) and its licensors. By accessing, browsing, downloading, using or registering to receive any Content or Services, you acknowledge that you have read and understood the Terms of Use and that you accept and agree to be bound by the Terms of Use. Any use of the System is at the sole risk of the user.

1. INTERPRETATION

 

Definitions

In these Terms of Use, the following definitions apply:

  • 1.1 “Maxim One” means, as applicable, Maxim One Inc. and all of its respective members, affiliates, subsidiaries, directors, officers, agents, and employees.

  • 1.2 “We,” “us,” or “our” refers to Maxim One.

  • 1.3 “Personal Information” means information provided by you when opening an account with Maxim One, which may include your name, username, password, email address, phone number, mailing address, or any other demographic or identifying information.

  • 1.4 “You” and “your” refer to (a) you, the individual accessing the System, (b) any agent accessing the System on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the System.

  • 1.5 “Third Party Clients” means any individual or business entity who you represent as an agent and on who’s behalf you access the System and Services.

  • 1.6 “Third Party Client Personal Information” means the personal information of Third Party Clients.

2. OUR RESPONSIBILITIES

 

General

Maxim One is an accounting technology provider that empowers accounting firms to improve the financial wellbeing of their clients. We do not provide financial advice.

Grant of License to User

Maxim One grants you a personal, non-transferable, non-exclusive, limited license to use the System and to view or access the Services solely for (i) your personal or internal use or (ii) your professional use as a professional financial advisor or a non-financial advisor to Third Party Clients. Use of the System or Services is subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System (including any Websites or Mobile Applications contained therein). You further agree not to modify the System, or any part thereof, in any form or manner, nor to use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of Maxim One. You may not attempt to gain any unauthorized access to the System or ay of its Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless expressly provided for under these Terms of Use or otherwise specified in a prior written agreement between you and Maxim One.

Communications from Maxim One

By using the Services, you agree that Maxim One, or any of its associated representatives, may communicated with you via email, text messages or e-messages, push notifications, phone, or otherwise through the contact information associated with your account. Such communications may include correspondence, information bulletins, and notices related to the Services.

Modification of Terms of Use

Maxim One reserves the right to modify these Terms of Use at any time without prior notice to you. By continuing to access the System or use the Services after such modifications are made known to the public, you expressly agree to be bound by the modified Terms of Use.

System Maintenance

Maxim One reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

3. YOUR RESPONSIBILITIES

 

General

  1. By accessing the System or using the Services, you agree to comply unconditionally with any and all terms of use stated herein.

  2. You retain the right to terminate your subscription with us at any time. Upon termination, you will no longer have access to the System or be able to use the Services.

  3. Maxim One reserves the right to terminate the Terms of Use, or to refuse, restrict, or discontinue service or access to the System (or any portions, components, materials, functionalities, or features of the System) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with the Terms of Use may, among other things, result in the immediate termination of your access to and use of the System.

Accounts, Passwords and Security

  1. You may be required to open an account (including establishing a username and password) to use certain Services offered on or through the Websites or Mobile Applications. If you choose to open an account with Maxim One, you agree to provide truthful Personal Information and Third Party Client Personal Information as requested. By creating an account, you explicitly agree to the Terms of Use, including the Privacy Policy enclosed within, and any amendments made to the Terms of Use and Privacy Policy.

  2. You are entirely responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account or username. You agree to notify Maxim One immediately upon learning of any unauthorized use of your account, username, or password or any other breach of security. However, you may be held liable for losses incurred by Maxim One or any other user of, or visitor to, the Websites or Mobile Applications due to another person using your account, username, or password.

  3. You may not use any other users’ account, username, or password at any time without the express permission and consent of the holder of that account, username, or password. Maxim One cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

No Unlawful or Prohibited Use

  1. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the System and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the System, the Content, or any other information or materials on the System in violation of the aforementioned laws or these Terms of Use. You further agree to reimburse Maxim One for any damage, loss, cost, or expense that Maxim One’ incurs, including any legal fees, because of your use of the System or the Services for any unlawful or prohibited purpose.

  2. Any use or attempted use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Maxim One to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

  3. In addition, in connection with your use of the System, you agree you will not:

    1. upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

    2. create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Maxim One representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    3. upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

    4. upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

    5. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

    6. use any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

    7. upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;

    8. violate any applicable municipal, provincial, federal or international law;

    9. upload or transmit any material that infringes any patent, copyright, trademark, three-dimensional (3D) design, trade secret, confidential business information or other proprietary rights of any party;

    10. delete or revise any material posted by any other person or entity;

    11. probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;

    12. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;

    13. harvest or otherwise collect information about others, including e-mail addresses; or

    14. use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.

  4. Maxim One reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Maxim One may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Maxim One reserves the right at all times to disclose any information as Maxim One 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 Maxim One’ sole discretion. You also agree to reimburse Maxim One for any damage, loss, cost or expense Maxim One incurs (including fees or costs of lawyers, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the System for any unlawful or prohibited purpose.

  5. Any information, communications, or material of any type or nature that you submit to the System (or to any of our pages on a social media platform or other website) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk, as permitted by law. Maxim One does not own any Submissions provided via the System. However, by inputting/submitting such Submissions you are granting Maxim One a nonexclusive, irrevocable, worldwide, sub-licenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any Content or materials contained therein). All Submissions inputted/submitted by you is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any Content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

Financial Advisors

You may be a provider of financial advice to Third Party Clients. To use the System or Services as a designated “financial advisor” within the System, you must be a professional financial advisor in good standing with your local professional association (a “Professional Financial Advisor”). By using the System or Services as a “financial advisor,” you warrant that you possess the necessary professional designations, training, education, and legal requirements of your jurisdiction to operate as a Professional Financial Advisor. Use of the System or Services as a “financial advisor” is strictly prohibited by any person who is not a Professional Financial Advisor.

Maxim One is not responsible for ensuring that any persons designated as “financial advisors” within the System are Professional Financial Advisors. You must ensure that any person providing you with financial advice possesses the necessary professional designations, training, education, and legal requirements to provide financial advice in your jurisdiction.

Maxim One is not a Professional Financial Advisor and does not provide financial advice to its users.

Maxim One does not endorse or warranty the financial or non-financial advice of any person who uses the System or Services, whether that person is designated as a “financial advisor” within the System or otherwise.

4. PRIVACY POLICY

The terms of the Maxim One privacy policy (the “Privacy Policy”) also apply to your access and use of the System and Services, and the terms of the Privacy Policy are expressly incorporated into and form a part of the Terms of Use. To view the Privacy Policy, please see www.maximoneapp.com. We encourage you to read and become familiar with the Privacy Policy.

5. OWNERSHIP OF PROPRIETARY CONTENT

General

Maxim One respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the features, materials, opportunities, and services that are available on or through the System. Please respect our efforts.

Ownership of Content

You understand and agree that Maxim One owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials, opportunities, and services made available on or through the System, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.

You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of Canada and other countries, and that you acquire no ownership interest by accessing and using the System and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, unregistered trademarks, registered trademarks, three-dimensional (3D) designs, trade secrets, and confidential business information, and all such rights are and shall remain the property of Maxim One or its licensors and content-providers. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through the Linked Websites (as defined below).

Copying Content is Prohibited

Except as expressly provided in these Terms of Use, no part of the System or the Services, and no Content, materials, or other information on the System or the Services, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without Maxim One’ express prior written consent.

No Wavier of Intellectual Property Rights

The posting of information or other materials or Content on the System by Maxim One does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.

6. DISCLAIMER OF WARRANTIES

No Warranties

Maxim One does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result or goal through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or Maxim One, or that you access, use, download, or otherwise obtain on or through the System or Maxim One, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.

THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE SYSTEM OR VIA THE SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MAXIM ONE SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK.

MAXIM ONE AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM OR THROUGH MAXIM ONE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH MAXIM ONE ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. MAXIM ONE PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, MAXIM ONE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. MAXIM ONE SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM. NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MAXIM ONE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Disclaimer of Typographical Errors

The System could include technical inaccuracies or typographical errors. Maxim One shall have no liability in connection with any such inaccuracies or errors, nor shall Maxim One have any obligation to identify and/or correct any such inaccuracies or errors.

Disclaimer of VirusesDisclaimer of Third Party Materials

All responsibility or liability for any damages caused by viruses, malware, disabling or malicious code contained within the electronic files or on the System is disclaimed.

Disclaimer of Third Party Materials

To the extent that any information, material, or functionality on the System is provided by third party content-providers (“Third Party Materials”), Maxim One has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party suppliers. Maxim One does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Maxim One.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL MAXIM ONE OR ITS CONTRACTORS, SUPPLIERS, CONTENTPROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRLinks to Other WebsitesESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM, THE CONTENT, OR THE CONTENT, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SYSTEM OR THROUGH MAXIM ONE; (B) THE USE, COPYING, OR DISPLAY OF THE SYSTEM OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (C) MAXIM ONE’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY MAXIM ONE OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH THE SYSTEM OR ITS USE. UNDER NO CIRCUMSTANCES SHALL MAXIM ONE, OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF MAXIM ONE, EVEN IF MAXIM ONE WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF MAXIM ONE AND ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF MAXIM ONE, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE USE OF THE SYSTEM, MAXIM ONE AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. MAXIM ONE MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. MAXIM ONE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold Maxim One harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including lawyers’ fees), brought by any third party or Third Party Client in connection with or arising out of Content, data, or information that you submit, post to, or transmit through the System or Maxim One, your access to and use of the Content, the System, and other materials, products, and services available on or through the System and Maxim One, your violation of these Terms of Use, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

9. LINKS TO WEBSITES

Links to Other Websites

For your convenience, certain hyperlinks may be provided on the System that link to other websites or web-based applications which are not under the control of Maxim One (the “Linked Websites”). Maxim One does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, Content, or any other aspect of the Linked Websites. Maxim One disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites and any purchases of products or services from such other websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Maxim One arising from or based upon any such use of other websites (including the Linked Websites). Hyperlinks to such Linked Websites on the System do not imply that: (a) Maxim One is affiliated or associated with any Linked Website; (b) Maxim One is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of Maxim One.

Links to Maxim One Websites

Without our express, prior, written permission, it is expressly prohibited to: (a) “frame” the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (b) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to Maxim One or any entity that is affiliated or associated with Maxim One; or (c) otherwise imply or state that any type of relationship or special arrangements exist with Maxim One and any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of Maxim One. In no event will you use any logo or trademark of Maxim One as a hyperlink “button”, or in any other manner, without Maxim One’s express written consent.

10. FEES AND PAYMENT

You agree that by purchasing Maxim One services, you agree to pay all applicable fees related to the services. Fees may be recurring or one-time payments. By purchasing the services, you will be billed automatically at the start of the subscription period for the fees associated with that subscription period. If you wish to avoid fees associated with any subscription period, you must cancel your subscription prior to the subscription renewal date.

In the event that you fail to make payment of any fee owed under your Maxim One account, Maxim One reserves the right to suspend or terminate your account.

11. GENERAL

Assignment

Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Maxim One. Maxim One may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Maxim One.

Enurement

These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.

Irreparable Harm

You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity. You agree we may ask a court for preliminary injunctive relief in aid of arbitration without waiving our right to individual arbitration of any and all disputes arising under these Terms or Use or the Privacy Policy.

Severability

If any provision, or part of a provision, of the Terms of Use us found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision or part thereof is deemed severable from the Terms of Use and will be enforceable to the maximum extent permissible, and all other provisions of the Terms of Use will remain in full force and effect.

Choice of Law and Forum

The Terms of Use are governed by the applicable legislation of the Province of Alberta, as well as any applicable federal legislation of Canada. The courts of the Province of Alberta, including the federal courts sitting in Alberta, without regard to their conflicts of law provisions, shall have exclusive jurisdiction over any dispute arising out of your use of the System or Services. Regardless of your physical location, residence, or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Alberta identified above.

Entire Agreement

The Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you, Maxim One, its users, or any third party. If you have not signed a separate agreement with Maxim One, the Terms of Use, including the Privacy Policy incorporated herein, constitute the entire agreement between you and Maxim One. If there is any conflict between the Terms of Use and any such fully-executed separate agreement, the fully-executed separate agreement shall prevail.

Non Wavier

If, in any circumstances, Maxim One chooses not to enforce any provision of the Terms of Use, that choice does not constitute a waiver of Maxim One’ rights under that provision. Any rights not expressly granted herein are reserved.

12. CONTACT US

Maxim One welcomes any comments or questions you may have regarding these Terms of Use of the System. Please send any comments or questions submitted please contact us at:

omaurice@maximmanagement.ca
+1 403 593 8144

107 Tartan Circle West
Lethbridge, Alberta
T1J 4Z3

These Terms of Use were last updated on February 16th 2020. Please check back periodically for updates and changes.