You agree to the terms and conditions outlined in the Agreement with respect to your use of the Max Dickson Offerings. Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to access and/or use the Max Dickson Offerings in any manner or form whatsoever.
1. Requirements. The Max Dickson Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Max Dickson Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) and/or you are unable to enter into legally binding contracts under applicable law, you do not have permission to use and/or access the Max Dickson Offerings and you should leave the Site immediately. In order to become a Member, you may be required to submit certain personal information which may include name, telephone number, email address and mailing address (collectively, “Registration Data”).
2. Modification of Agreement. The parties may only amend, modify, or supplement this Agreement in a writing signed by an authorized representative of each party. But Max Dickson may amend this Agreement to take into account changes in law, regulations, or industry mandates. Max Dickson may also amend this Agreement to accommodate changes imposed on Max Dickson and to make other changes Max Dickson deems necessary. In order to amend this Agreement, Max Dickson must send you the amendments or make the amendments available online. If Max Dickson elects to make the amendments available online, Max Dickson shall prominently display a message on the Site that this Agreement has been modified. Unless you reject the amendments and terminate this Agreement in writing within 10 days after Max Dickson gives notice, the amendments will take effect and supersede this Agreement.
3. Content. Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology may have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Max Dickson Offerings. VIP Members may have access to exclusive Content not available to Site Members and visitors. The Content is compiled, distributed and displayed by Max Dickson. Max Dickson is solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Max Dickson does not represent or warrant that the Content and other information posted by and through the Max Dickson Offerings is accurate, complete, up-to-date or appropriate. You may find certain Content to be outdated, harmful, objectionable, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
4. Interactive Services. Subject to the restrictions set forth herein and on the Site, the Interactive Services may allow you to participate in e-mail, messaging, blog comment sections, message boards, question and answer areas and other interactive areas of the Site. Each end-user shall be solely responsible for the comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by such end-user through the Interactive Services. End-users are forbidden from posting website links, buttons, banner ads, co-registration paths, copy or processes for generating actions (“Links”) in any Feedback, and/or advertising of third party products and/or services within the Interactive Services. Max Dickson reserves the right to prohibit any conduct by end-users or remove any Feedback from the Interactive Services and/or Site at any time and for any reason, in Max Dickson’s sole discretion. The reasons for removal may include cases where Max Dickson believes that the Feedback posted by an end-user is unsuitable for the Interactive Services and/or Site for any reason including, without limitation, where: (a) the Feedback contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (b) the Feedback contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (c) Max Dickson believes that an end-user is, at any time, conducting any commercial activity by and through the Interactive Services; and/or (d) Max Dickson believes that an end-user is in violation of the Agreement including, without limitation, this Section 4. You understand and agree that neither Max Dickson nor Max Dickson shall be liable to you, any other end-user or any other party for any claim in connection with your use of, or inability to use, the Interactive Services. The Interactive Services contain Feedback that is provided directly by end-users of the Site. You agree that Max Dickson shall not have any obligation or incur any liability to you in connection with any Feedback appearing in or through the Interactive Services. Neither Max Dickson nor Max Dickson represents or warrants that the Feedback posted through the Interactive Services is accurate, complete or appropriate.
You agree to use the Interactive Services in full compliance with all applicable laws and regulations. In connection with your use of the Interactive Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, Site-visitors; (vii) transmit any chain letters, spam or junk e-mail to other end-users; (viii) express or imply that any statements you make are endorsed by Max Dickson; (ix) harvest or collect personal information of Site-visitors whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt any of the Max Dickson Offerings and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xvi) “frame” or “mirror” any part of the Site; (xvii) use metatags or code or other devices containing any reference to the Max Dickson Offerings in order to direct any person to any other website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Max Dickson Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to some or all of the Max Dickson Offerings without notice, in the sole discretion of Max Dickson. Max Dickson reserves the right to pursue any and all legal remedies against end-users that engage in the aforementioned prohibited conduct.
5. VIP Membership. Upon completing the applicable form associated with your registration for VIP Membership, and depending on the pricing set forth on the Site, your credit card or other preferred payment method (“Payment Method”) may be billed by Max Dickson on behalf of Max Dickson on a periodic, recurring basis. You acknowledge and agree that Max Dickson will not obtain any additional authorization from you for this recurring payment. Every time that you use your VIP Membership, you re-affirm that Max Dickson is authorized to bill to your Payment Method account and to have the VIP Member fees applied to same.
You are responsible for paying any sales, use or other taxes related to your VIP Membership. The fees associated with your purchases will appear on your Payment Method statement through the identifier ‘bill.com’. All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars. Failure to use your VIP Membership does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Max Dickson and/or Max Dickson reserve(s) the right to change its/their Billing Provisions whenever necessary, in its/their sole discretion. Continued use of your VIP Membership after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Max Dickson’s authorization to provide and bill for the VIP Membership is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Max Dickson’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
6. Cancellation of VIP Member Account. A VIP Member may cancel his/her VIP Membership account at any time by following the instructions set forth on the Site and/or e-mailing Max Dickson at «Support and Contact» page. There is no charge to terminate a VIP Membership. We will not refund fees paid prior to the termination date and each VIP Member will remain liable for any unpaid charges previously billed to that VIP Member’s Payment Method.
7. Max Dickson Products. Upon completing the applicable form associated with the purchase of Max Dickson Products that you have added to your shopping cart and providing the requisite registration data, your Payment Method will be charged the applicable purchase price for the Max Dickson Products, plus shipping and handling and sales taxes, if applicable.
The fees associated with your purchases will appear on your Payment Method statement through the identifier ‘bill.com’. All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars. Failure to use the Max Dickson Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Max Dickson and/or Max Dickson reserve the right to change its/their Billing Provisions whenever necessary, in its/their sole discretion. Any purchase of Max Dickson Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Max Dickson’s authorization to provide and bill for the Max Dickson Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Max Dickson’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
8. Social Media Pages. The Site may contain links to the various Max Dickson Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that neither Max Dickson nor Max Dickson shall be liable to you, any other end-user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
9. License Grant. As a user of the Site and/or Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Max Dickson Offerings. Max Dickson may terminate this license at any time for any reason whatsoever. Unless otherwise expressly authorized by Max Dickson, as a visitor to the Site, you may only use the Max Dickson Offerings for your own personal, non-commercial use. No part of the Max Dickson Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Max Dickson Offerings except as expressly permitted by Max Dickson. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Max Dickson Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the Max Dickson Offerings. You may not use the Max Dickson Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Max Dickson Offerings for any commercial purposes not expressly permitted by Max Dickson. You further agree to indemnify and hold harmless Max Dickson for your failure to comply with this Section 9. Max Dickson reserves any and all rights not explicitly granted in the Agreement.
10. Proprietary Rights. The Max Dickson Offerings, as well as the organization, graphics, design, compilation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Max Dickson Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials accessible through the Max Dickson Offerings. The posting of information or material by and through the Max Dickson Offerings does not constitute a waiver of any right in or to such information and/or materials.
11. Copyright Policy/DMCA Compliance. Max Dickson reserves the right to terminate the Member account of any end-user who infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted via the Site and/or other Max Dickson Offerings in a way that constitutes copyright infringement, you should provide Max Dickson with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Report Inappropriate Content. If you believe there is any inappropriate Content appearing on the Site and/or otherwise through the Max Dickson Offerings, please contact Max Dickson and provide a description of the inappropriate Content and the location on the Site (or otherwise) of the applicable Content.
13. Editing, Deleting and Modification. Max Dickson reserves the right in his/her/its sole discretion to edit and/or delete any documents, information or other content appearing on the Site and/or via the Max Dickson Offerings.
14. Indemnification. You agree to indemnify and hold Max Dickson, its parents, subsidiaries and affiliates, and each of their respective members, contractors, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Max Dickson Offerings and/or Max Dickson Products; (b) your breach of the Agreement; (c) any dispute between you and any third party; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 14 are for the benefit of Max Dickson, Max Dickson, its parents, subsidiaries and/or affiliates, and each of their respective officers, contractors, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
15. Disclaimer of Warranties. The Max Dickson Offerings and Max Dickson Products are provided to you on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). in particular, but not as a limitation thereof, neither Max Dickson nor Max Dickson make any warranty that: (a) the Max Dickson Offerings and/or Max Dickson Products will meet your requirements; (b) the Max Dickson Offerings and/or Max Dickson Products will be uninterrupted, timely, secure or error-free; or (c) the results that may be obtained from the use of the Max Dickson Offerings and/or Max Dickson Products will be accurate or reliable. The Max Dickson Offerings and/or Max Dickson Products may contain bugs, errors, problems or other limitations. Max Dickson and Max Dickson will not be liable for the availability of the underlying internet connection associated with the Max Dickson Offerings and/or Max Dickson Products. No advice or information, whether oral or written, obtained by you from Max Dickson, Max Dickson or otherwise through or via the Max Dickson Offerings and/or Max Dickson Products, shall create any warranty not expressly stated in the Agreement.
16. Limitation of Liability. You expressly understand and agree that neither Max Dickson nor Max Dickson shall be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Max Dickson and/or Max Dickson, as applicable, has/have been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the Max Dickson Offerings, Max Dickson Products and/or any other products and/or services that you may apply for through use of same; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information and/or services purchased or obtained from, or transactions entered into through, use of the Max Dickson Offerings and/or Max Dickson Products; (c) the unauthorized access to, or alteration of, your registration data; and (d) any other matter relating to the Max Dickson Offerings, Max Dickson Products and/or any other products and/or services that you may apply for through use of same. this limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts. you hereby release Max Dickson and Max Dickson from any and all obligations, liabilities and claims in excess of the limitations stated herein. if applicable law does not permit such limitations, the maximum liability of Max Dickson and Max Dickson to you under any and all circumstances will be five hundred dollars ($500). The negation of damages set forth above is a fundamental element of the basis of the bargain between you, Max Dickson and Max Dickson. The Max Dickson Offerings, Max Dickson Products and/or any other products and/or services that you may apply for through use of same would not be provided to you without such limitations.
17. Third Party Websites. The Max Dickson Offerings and/or Max Dickson Products may provide links, and/or refer you, to third party Internet websites and/or resources. Whether or not either Max Dickson or Max Dickson has any control over such third party websites and/or resources, you hereby acknowledge and agree that neither Max Dickson nor Max Dickson shall be responsible for the availability of such third party websites and/or resources. Furthermore, neither Max Dickson nor Max Dickson endorses, and neither is responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
19. Legal Warning. Any attempt by any individual, whether or not a Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Max Dickson Offerings and/or Max Dickson Products, is a violation of criminal and civil law and Max Dickson will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
20. Dispute Resolution Provisions. This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands (“BVI”) (excluding its conflict of law rules). Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of the Virgin Islands Arbitration Act of 2013, which are deemed to be incorporated by reference to this clause. The arbitral tribunal shall be composed of a single arbitrator. The place of arbitration shall be the BVI. The language of the arbitration proceedings shall be English. The arbitral award shall be final and binding on the Parties. Nothing herein limits the right of any Party to bring proceedings against the other Party before the BVI courts or any other courts of competent jurisdiction in order to enforce an arbitration award rendered in accordance with this section; or make a claim for interim or injunctive relief.
21. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
22. Contact. If you have any questions regarding the Agreement, or would like more information from Max Dickson, please contact Max Dickson using Contact and Support page.