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Terms of UseUser Agreement The terms “we,” “us,” “our” and “Company” refer to Maxcomm, LLC (also known as Maxcomm,) a Utah limited liability company. “You” or “your” refers to the person or company who uses our web site or any product or service viewed or accessed at our web site. Your use of this web site is governed by the terms and conditions as they exist at the time of your use. We reserve the right to change the terms and conditions in the future without notice. Limitations on use of Web site As a condition of your use of this web site, you agree that you will not use this web site for any illegal purpose, and that you agree to view, reproduce or distribute images and data from this web site for personal or commercial purposes. You should assume that everything you see or read on Maxcomm's web site (such as images, photographs, illustrations, texts and other materials) (collectively, the “Content”) is the property of Maxcomm and its advertisers, colleagues, vendors, licensors and partners. Without our prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the content in any way or for any purpose, including using our content on any other Web site or in a networked computer environment. Links to third-party Web sites Our web site currently does not contain links to web sites offered by third-party vendors or any parties other than Maxcomm. If you are inadvertently linked to another website we do not control the content of those web sites and we do not endorse the content of those web sites or any of the products or services sold therein. Your linking to other web sites is at your own risk. We will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or sites. Warranty and liability disclaimer Your use of this web site is at your risk. We do not warrant or represent that our content is error-free, or that your use of such material will not infringe rights of third parties. We do not warrant that the functional aspects of the web site will be error-free or that this web site or the server that makes it available are free of viruses or other harmful components. If your use of this web site or our content results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs. Without limiting the foregoing, everything on our web site is provided to you “AS IS” AND “AS AVAILABLE” AND MAXCOMM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. WE MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING CLAIMS FOR LOST PROFITS OR LOST BUSINESS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED OR CONTRACTED FOR THROUGH THIS WEB SITE OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THIS WEB SITE MUST BE COMMENCED WITHIN ON YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. Applicable law and venue You agree that this Agreement, the rights and obligations of the parties hereunder, or any other dispute between you and us will be construed in accordance with and be governed by the laws of the State of Utah, without giving effect to conflicts of law principles. Any dispute arising under or relating to this Agreement will be resolved exclusively in the federal or state courts located in Salt Lake City, Utah, without a jury, and both parties hereby consent to such waiver of the right to a jury and to the exclusive personal jurisdiction and venue of such courts. Copyright and trademark notice The contents of this web site are copyrighted by Maxcomm, LLC a Utah limited liability company with all rights reserved. Maxcomm at www.maxcomminc.com, and all logos, designs, service marks or trademarks (whether registered or not) are our property and may not be used without our prior written consent. Other product or company names mentioned on our web site may be trademarks of third party vendors. All product services used on this web site is our property or the property of our partners, colleagues and is protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance of the content on this web site is strictly prohibited. Indemnity You agree to defend, indemnify, and hold harmless Maxcomm, its partners, colleagues, employees and colleagues, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this web site or our content or your breach of these terms and conditions. We shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Password You may receive a password in connection with your use of our web site. You are responsible for maintaining the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account. |