When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, credit card information or other details to help you with your experience.
If you are a charity or nonprofit (each a “Charity”) and you establish an account with MaximusLife, we will collect the name, tax ID, physical address, email address, birthday and phone number of the person who establishes a Charity account and claims your Charity (the “Charity Contact”) and any other information that is provided to us by GuideStar about your Charity. We also may collect, if the Charity Contact chooses to provide it, the Charity Contact’s sex, or any photos uploaded to the Site.
We collect information from you when you register on our site, place an order or enter information on our site.
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you disable cookies off, some features will be disabled It will turn off some of the features that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders by contacting customer service.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users.
We use Google AdSense Advertising on our website.
We have implemented the following:
Google Display Network Impression Reporting
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA we agree to the following:
Users can visit our site anonymously
Users are able to change their personal information:
• By logging in to their account
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It’s also important to note that we allow third party behavioral tracking
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email:
• Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
To be in accordance with CANSPAM we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you can email us at firstname.lastname@example.org and we will promptly remove you from ALL correspondence.
MaximusLife also allows charities to process donations through Stripe™, a trusted third-party payment platform. Stripe™ is not affiliated with MaximusLife. When making a donation to a charity that has established an account with Stripe, you will be directed to the Stripe™ website to complete your donation. Stripe will not share your financial information (such as credit card information) with MaximusLife without your consent. MaximusLife does not collect or store your credit card information. All information associated with your use of Stripe will be handled in accordance with the terms of the Stripe Privacy Notice. When you sign in to use Stripe you agree to the Stripe User Agreement.
When you make a donation or sign up to, volunteer, fundraise, enter a sweepstakes, or register for an event for a Charity or for an organization or event associated with fundraising (e.g., a marathon, walkathon, concert or similar) or enter a sweepstakes using an alternate method entry, MaximusLife shares with the Fundraiser, Charity, Event Organizer, Sweepstakes Partners and Event Partners your name, address, email address, birthdate, donation amount, date of transaction, transaction identification number and may also include the name of the project, and event associated with the donation. If you wish to stop receiving communications from a Charity, Event Organizer, Sweepstakes Partners, or Event Partner, please contact the Charity or Event Organizer or Event Partner directly.
MaximusLife will share your birthday with other users of the Site. You can always decide whether you would like to share your birthday by editing your account settings.
Any PII you post publicly on the Site (“Publicly Available Content”) is available to the public without any expectation of privacy or confidentiality. Copies may remain viewable in cached and archived pages or if other users have copied or stored your Publicly Available Content even if you remove the Publicly Available Content. To request removal of your personal information from these areas of the site, contact us using the information below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. The profile you create on our site will be publicly visible.
If you are a California resident, California law permits you to request certain information regarding our disclosure of personal information to third parties for their “direct marketing purposes” as such term is defined by California’s Shine the Light Law (California Civil Code 1798.83). To make such a request, please email us or write us: email@example.com
We will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email or postal address specified above.
MaximusLife empowers organizations to engage an active base of donors for any cause while boosting their existing programs.
These terms and conditions govern MaximusLife, Inc.’s (“MaximusLife”, “we”, or “our”) relationship with you when you use the MaximusLife website,www.MaximusLife.com (“site”) and any and all services available on or through the site or otherwise provided by MaximusLife, including any widget provided by MaximusLife (collectively, the “services”). By using or accessing the site, services or a mobile app, whether manually or through automated means, you agree to these MaximusLife terms and conditions (“terms”). These terms apply to you if you are a fundraiser, charity, donor, event organizer, event registrant or any other user of the site and/or services (collectively, “users” or “you”). If you choose to not accept these terms, you cannot use the MaximusLife site or the services.
However, to be eligible to use the services and access the site, you must: (1) be at least 18 (or between the ages of 13 and 17 and using the site and services with parental or legal guardian consent and supervision); (2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and (3) not be using another member’s account without her/his permission.
Access to the site and services from territories where the site and/or services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the site and services.
MaximusLife may revise and update these Terms at any time. Your continued usage of the Site will mean you accept those changes.
Our role. The purpose of our site and services is to help individuals achieve their life’s goals through visual interactive quests and challenges. Quests/challenges support entities or organizations by creating buzz and/or helping them raise money for their mission. Our technology platform allows good causes to activate fundraisers and connect/engage with donors. The existence of the site or services is not a solicitation of donations by MaximusLife, and MaximusLife does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. In order to ensure that MaximusLife does not go out of business and to help further our mission of helping you live your greatest life for the good of all, MaximusLife charges certain fees for donations and event registrations made on or through the site. All of MaximusLife’s fees are explained on our pricing page, which is incorporated by reference into these terms.
Joining the MaximusLife Community. It is easy to join our community by following the steps on the site. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the service.
Accurate Information. You agree to: (a) provide accurate information as prompted on the site or through the services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or MaximusLife has reasonable grounds to suspect that such information is inaccurate, MaximusLife may suspend or terminate your use of the services and/or the site and/or decline to permit your continued use of the site and/or the services and future access to the site and/or the services.
User Names. You need a username and password to use certain features of the site and services and you may create certain URLs when you establish a profile, fundraiser, event, or charity page. By selecting a user name and any particular URL you agree that you will not select or use a name or URL: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that MaximusLife, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit MaximusLife to identify you by your user name. You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of MaximusLife. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify MaximusLife immediately of any unauthorized use of your password or account or any other breach of security. MaximusLife assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. MaximusLife has the right to reclaim any user names or URLs for any reason.
Responsibilities of MaximusLife. By using this site you understand and agree that MaximusLife shall not be responsible for any losses or damages incurred as a result of the fundraising campaigns or events. In the event of a dispute between users (including but not limited to fundraisers, donors, beneficiaries, and third parties), you hereby release MaximusLife, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service.
Terms for Fundraisers
Any individual, entity or organization that registers as a member and raises funds through the site or the services (“fundraisers”) is subject to the following additional terms of these terms that apply specifically to fundraisers.
By raising funds through the services, you represent and warrant that
(a) you are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; and
(b) you will use all donated funds solely for the purpose you have stated on the site, and under no circumstances may you use the funds for any other purpose (please be aware that you cannot designate a Charity and specify or direct how that Charity may use funds raised).
Additionally, if you are raising funds for a non-profit organization (a “Charity”) through the site, you agree that you will comply with all applicable state solicitation laws, and you represent and warrant that such Charity: (i) has and will maintain tax-exempt status under section 501(c)(3) of the Internal Revenue Code; (ii) is registered with the GuideStar database; and (iii) has authorized you to raise money on its behalf through the site. If you are raising funds for another purpose, as may be permitted under these terms, you represent and warrant that you can meet all user eligibility requirements for the services and have a social security number or an EIN and a U.S. bank account.
Special Note for Charities. MaximusLife offers various levels of access for charities. For more information on levels and benefits of each send a note to firstname.lastname@example.org
As a Charity, receipt of funds is based on the payment processor, as described below. In addition, all Charities will be responsible for taxes based on their net income or gross receipts (if any).
Payments to Charities are setup through Stripe™. Donors will make their pledges/donations using the Strip™ trusted credit card processing service. The donation will be deposited in the Charities’ Stripe™ Account less the Stripe™ Transaction Fee per the Stripe User Agreement. Charities have immediate ownership over their donations and can electronically transfer the funds from their Stripe™ Account to their Charity’s Bank Account per the Stripe User Agreement.
Any individual, entity or organization that registers as a member and pledges/donates funds through the site or the services (“donor”) is subject to the following additional terms of these terms that apply specifically to donors.
Donor’s Risk. All donations are at your own risk. When making a pledge, only donate to those people or entities that you feel comfortable donating to or otherwise know and trust. While MaximusLife has done our due diligence on each partner we bring on we cannot warrant that funds will be used for any particular purpose and are not responsible for any misuse of the funds by the beneficiary.
Donor Commitments. By pledging/donating money through the site, you represent and warrant that any pledge/donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that: (i) all donations to Charities are made as unrestricted gifts and may not be restricted to any particular purpose; (ii) designated donation and registration amounts and Processing Fees will be charged to the credit or debit card or other payment method you use through Stripe™; (iii) all donations are final and non-refundable.
Tax Deductions. MaximusLife makes no representation as to whether all or any portion of your donations, including, if any, processing fees, are tax deductible. MaximusLife will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any MaximusLife user or any Charity. You should consult your tax advisor as to the amount of your donation that is tax deductible.
Transaction Fees on Donations. When a donation is made through MaximusLife, a transaction fee is deducted from it. These fees are set forth on our pricing page. Donors also have the option of electing to pay a processing fee in addition to a donation.
Chargebacks and Refunds. If pledges/donations were made through Stripe™, the Charity has sole control over the donations and is responsible for issuing refunds and handling chargebacks. All issues concerning chargebacks and refunds will be addressed by the applicable payment processor and not MaximusLife.
MaximusLife M-Life Points (MLPs). When you login, your MLPs will show on your Profile Page. Your number of MLPs are earned over your life on MaximusLife. You can use your MLPs to redeem MaximusLife Rewards. When you redeem MaximusLife Rewards, your MLPs will go down in number. We reserve the right to change the CIP terms, regulations, or benefits of participation, in whole or in part, at any time with or without notice, even though changes may affect the number of MLPs already accumulated. We may also withdraw, limit, modify or cancel the number of MLPs required for reward redemption or change the number or type of reward offered. No one person is allowed more than 100,000 MLPs through initiatives other than donating and fundraising. We will have final decision should there be any disputes over MLPs. We further reserve the right to terminate a donor’s MLPs and/or cancel accrued MLPs if MaximusLife believes, in its sole discretion, that the member is abusing the CIP program.
Ownership of the site, Site information and services. The site and services and all technology underlying the same are expressly owned and operated by MaximusLife. Unless otherwise noted, the design and content features on the site and services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by MaximusLife or its affiliates, if any, or are licensed by MaximusLife from third parties. The site and services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
The trademarks, logos, and service marks (“Marks”) displayed on the site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that MaximusLife sponsors or with which we are otherwise affiliated. MaximusLife’s trademarks may not be used for personal financial gain. Use of the Marks is prohibited without MaximusLife’s express written consent except as permitted by applicable laws. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without MaximusLife’s express written consent.
No portion of the site, services or Site Information may be reprinted, republished, modified, or distributed in any form without MaximusLife’s express written permission. You may not, and these terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the site, services or any of the Site Information.
You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the site, services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the site, services or in the original Site Information on any authorized copy you make of the site, services or the Site Information.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to MaximusLife through its suggestion, feedback, forum or similar pages (“Feedback”) is at your own risk and that MaximusLife has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to MaximusLife a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
Use of Site. The site, services and the Site Information are provided “as is” with all faults. Your use of the site, services, and the Site Information is at your own risk. The site, services or Site Information may contain errors or omission, or may be out of date. The site, services or Site Information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the service or the site, you promise to:
a. Use the service in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the site and services;
b. Use the service so as not to damage, disable, overburden or impair the service, our networks or systems or not to interfere with any others’ legal rights or use or enjoyment of the service; and
c. Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (1) are illegal; (2) result in the infringement of the intellectual property rights of others or libel or defamation of another person; or (3) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.
Promotions. You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity (each, a “Promotion”) on MaximusLife without our prior written consent. You may seek permission by sending an email to promotions@MaximusLife.com.
Content. When you are using the site and/or the services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the site or through the services (collectively “User Generated Content”). You alone, not MaximusLife, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to MaximusLife, you hereby grant MaximusLife a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content.
You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. In addition, you represent and warrant that you will not:
provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
create any liability for MaximusLife or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
engage in any conduct that, in MaximusLife’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the site or services;
use the site or services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
interfere with or disrupt any servers or networks used to provide the site or services or their respective features, or disobey any requirements of the networks MaximusLife uses to provide the site or services;
gain unauthorized access to the site, or any account, computer system, or network connected to this site or services, by any unauthorized or illegal means;
obtain or attempt to obtain any materials or information not intentionally made available through the site or services;
use the site or services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the site or services for fundraising activities is expressly permitted;
engage in advertising or commercial solicitation of any product or service without MaximusLife’s written consent, except that using the site or services for fundraising activities is expressly permitted;
gather for marketing purposes any email addresses or other personal information that has been posted by other users;
post any identification documents or sensitive information about another person.
create a fundraising campaign involving legal disputes or legal issues or child custody issues.
MaximusLife shall have the right, but no obligation, to monitor User Generated Content and other features of the site and services to determine compliance with these terms and any other operating rules we establish. MaximusLife shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the site or services. We do not control any User Generated Content that you or other users may provide. MaximusLife neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the User Generated Content, whether it is provided by
Under no circumstances will MaximusLife be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the site or services. MaximusLife is not responsible for any offensive, defamatory, obscene or any other posting made through the site or services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in MaximusLife’s sole discretion is inappropriate, objectionable or in violation of these terms. Any user who feels that a posted message is objectionable is encouraged to Contact Us immediately by email to info@MaximusLife.com.
MaximusLife is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the site or through the services.
Digital Millennium Copyright Act; Copyright Complaints. MaximusLife respects the intellectual property rights of others and requires those that visit the site and use our network to do the same. MaximusLife may, in appropriate circumstances and at our discretion, remove or disable access to material on the site or our network that infringes upon the copyright rights of others. MaximusLife also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the site or users of our network repeatedly infringe on others’ copyrights, MaximusLife may in its sole discretion terminate those individuals’ rights to use the site or our network. If you believe that your work has been used on our site or network in any manner that constitutes copyright infringement, please notify MaximusLife’s copyright agent by written notice.
Suspension or Termination of Your Use of the Site. These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the site or services prior to the date you accepted the terms, you hereby acknowledge and agree that the terms commenced on the date you first used the site or services (whichever is earlier) and will remain in full force and effect while you use the site or services, unless earlier terminated in accordance with the terms. MaximusLife has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in MaximusLife’s sole discretion and that MaximusLife shall not be liable to you or any third party for any termination of your account. If you want to terminate any services provided by MaximusLife, you may do so by notifying MaximusLife at any time, with your notice sent, in writing, to our address set forth below.
No Endorsement of Links to Other Web Sites. Any links to other websites are provided as merely a convenience to you. This site and the services may provide links or references to other websites but MaximusLife has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by MaximusLife, we do not operate, control or endorse any information, products or services on the Internet in any way. MaximusLife does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this site, you do so entirely at your own risk.
Indemnification. You agree to indemnify, defend and hold MaximusLife and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) resulting from: (a) your use, misuse or abuse of the site, services or the Site Information; (b) your User Generated Content; or (c) your breach of any provision of these terms. You will cooperate as fully as reasonably required in MaximusLife’s defense of any claim. MaximusLife reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without MaximusLife’s written consent.
DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MAXIMUSLIFE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. MAXIMUSLIFE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE, SERVICES OR SITE INFORMATION. MAXIMUSLIFE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.
LIMITATION ON LIABILITY. MAXIMUSLIFE, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY DONATIONS THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL MAXIMUSLIFE BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($1.00). YOU AND MAXIMUSLIFE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
RELEASE. YOU HEREBY AGREE TO RELEASE MAXIMUSLIFE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
MaximusLife maintains reasonable safeguards and personnel policies that are designed to guard the site, the services, our systems and our volunteers’, fundraisers’, donors’ and Charities’ information. For example, for the security of your online visit to the site, MaximusLife may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while MaximusLife strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, MaximusLife will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the site.
Electronic Communications. When you visit the site, use the services or send emails to MaximusLife, you are communicating with us electronically. You consent to receive communications from MaximusLife electronically. MaximusLife may communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that MaximusLife provides to you electronically satisfy any legal requirement that such communications be in writing. Such notice shall be deemed given when received by MaximusLife by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Jurisdiction and Governing Law. You agree that these terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Texas, without giving effect to its conflicts of laws provisions. In addition:
Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, the MaximusLife may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Texas law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the site or services.
Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and MaximusLife must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR MAXIMUSLIFE MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, MaximusLife will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (iv) MaximusLife also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (viii) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Texas law or United States federal law. Notwithstanding the foregoing, either you or MaximusLife may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Texas. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Texas, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Texas for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of (d)(i) and (ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either (d)(i) or (ii) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor MaximusLife shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Texas. By using the site or services in any manner, you agree to the above arbitration provision. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Site is for Use in the United States. The site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of site, by visiting the site, using the services and/or providing MaximusLife with any User Generated Content specifically or Content generally, you agree to comply with all federal and state U.S. laws governing the site, the services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
a. It is the express wish of the parties that the terms and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
b. If you are located in the United Kingdom, a third party who is not a party to the terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
c. If you are located in Germany, notwithstanding any limitation in these terms, MaximusLife is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
Conflict with Other Agreements. These terms are in addition to, and do not nullify, any other agreement between you and MaximusLife or any other applicable terms and conditions found on the site. In the case of any direct conflict between these terms and any other agreement between you and MaximusLife, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the site. Notwithstanding the above, when you use Stripe to make a pledge/donation or registration payment.
Modification of the terms. In MaximusLife’s sole discretion, we may unilaterally amend or modify these terms or any other documents referenced herein at any time by posting on the site. The date of the most recent revision will appear at the top of this page. If MaximusLife has a working email contact for you and the changes to the terms are material, MaximusLife may notify you of such changes by sending you an email to the address you have provided to us. MaximusLife encourages you to review these terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting, at the time set forth in an email notice to you or as otherwise decided in MaximusLife’s sole discretion and as posted to the site. Continued use of the site constitutes acceptance of any modified terms and conditions.
Additional Terms. MaximusLife also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the site, which may be posted in the relevant parts of the site, and will be identified clearly and conspicuously. For example, MaximusLife may post additional rules to participate in a promotion. Your continued use of the site constitutes your agreement to comply with these additional rules. Those terms will control in the event of any conflict with these terms.
In the event that one or more portions of these terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect.
The headings used throughout these terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these terms.
If MaximusLife fails to enforce any parts of these terms, it will not be considered a waiver.
These terms make up the entire agreement between you and MaximusLife regarding the site and supersede any prior agreements.
These terms do not confer any third party beneficiary rights.
You will not assign or transfer any of your rights or responsibilities under these terms to anyone without MaximusLife’s express written permission.
MaximusLife may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these terms shall prevent MaximusLife from complying with the law.
MaximusLife shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control.
8060 Park Lane
Dallas, TX 75231
Last Edited on 2021-4-12
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