Terms of Use

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MAX SHOPPING NETWORK

Thank You for visiting our website! We hope your cyber-space journey is a pleasant one.

We have developed this terms of use agreement to help make your visit and use of our website and enjoyable one. Please help us keep our website free of pornography or other offensive material. If you find anything offensive, please report it to the webmaster!

The Max Exchange Trust provides its service to you, subject to the following Term of Use.

The Max Exchange Trust, and it's network divisions is/are a directory of consumer related service companies and other information.

You agree to not use the Service to:

	upload, email, post, transmit or otherwise make available any Content that is unlawful, threatening, abusive, harassing, hateful, or racially, defamatory, vulgar, obscene, libelous, invasive of another's privacy, ethnically or otherwise objectionable;
	upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
	upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
	upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of
	upload, post, email, transmit or otherwise make available 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;
	impersonate any person or entity, including, but not limited to, a The Max Exchange Trust official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
	intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
	disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
	interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
	collect or store personal data about other users.
	sending members any unsolicited email advertising is strictly prohibited. You agree that violating this terms of use agreement to pay Max Exchange $250 for occurrence pursuant to the CanSpam Act.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

If, you receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Max Exchange Trust of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Max Exchange Trust cannot and will not be liable for any loss or damage arising from your failure to comply.

You acknowledge that The Max Exchange Trust does not pre-screen Content There also may be links to third parties World Wide Web sites or resources. Because The Max Exchange Trust and its network divisions, has no control over such sites and other resources, you acknowledge and agree that The Max Exchange Trust, its network divisions, and its successors and assigns is/are not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Max Exchange Trust, its network divisions and its successors and assigns, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You agree to indemnify and hold The Max Exchange Trust, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.

Your correspondence or business dealings with, or participation in promotions of, advertisers and/or other websites found on or through The Max Exchange Trust and/or the Max Exchange Trust, its network divisions websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, is between the user and the advertisers or other parties. You agree hold harmless The Max Exchange Trust, its network divisions, and its successors and assigns for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The Max Exchange Trust, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Max Exchange Trust does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Max Exchange Trust be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

It is the sole responsibility of the user to be sure they are dealing with a reliable and competent business(s). The user is solely responsible for checking the business(s) references, licensing, insurance and other pertinent background information of any business(s) before doing business with them, and shall not rely on solely on the information or ratings provided on The Max Exchange Trust and/or the Max Exchange Trust and, its network divisions. You further acknowledge and agree that The Max Exchange Trust and its network divisions, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. And, you agree to hold the Max Exchange Trust, it's network divisions and its successors and assigns harmless.

You acknowledge and agree that The Max Exchange Trust may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Max Exchange Trust, its users and the public.

The Max Exchange Trust does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant The Max Exchange Trust the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly or privately accessible areas of the Max Exchange Trust, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific the Max Exchange Trust to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or The Max Exchange Trust removes such Content from the Service.

If you are requesting information or services from one of our Free request forms, you agree to allow the The Max Exchange Trust and its network divisions, to share the information provided with participating members, either by email or posting on our members only website, so that they may better serve you. You further agree to receive email promotions and newsletters etc. from our participating members. You may opt out from receiving any further messages from individual members by replying to their email with the words remove in the subject box. The Max Exchange Trust and its network divisions, make no guarantees that your Requests will be fulfilled. Please accept our apologies if, we are unable to help you!

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than the Max Exchange Trust or the Max Network, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or The Max Exchange Trust removes such Content from the Service.

With respect to Content other than Terms of Use, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than the Max Exchange Trust or the Max Network, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the The Max Exchange Trust network of properties that are intended by The Max Exchange Trust to be available to the general public. By way of example, publicly accessible areas of the Service would include The Max Exchange Trust. Message Boards and portions of the Max Exchange Trust and the Max Exchange Trust Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of the Max Exchange Trust and the Max Exchange Trust Groups that are limited to members, The Max Exchange Trust services intended for private communication such as the Max Exchange Trust Mail or the Max Exchange Trust Messenger, or areas off of the The Max Exchange Trust network of properties such as portions of World Wide Web sites that are accessible through the Max Exchange Trust but are not hosted or served by The Max Exchange Trust.

You acknowledge that The Max Exchange Trust may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on The Max Exchange Trust's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that The Max Exchange Trust has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that The Max Exchange Trust reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The Max Exchange Trust reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

The Max Exchange Trust reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Max Exchange Trust shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that The Max Exchange Trust, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if The Max Exchange Trust believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. The Max Exchange Trust may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that The Max Exchange Trust may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that The Max Exchange Trust shall not be liable to you or any third-party for any termination of your access to the Service.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Max Exchange Trust or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

You acknowledge that by filling out any forms and submitting them, you opt-in to receive information and offers from our members. You may opt-out from receiving further for information and offers by sending an email to us with the word "remove" in the subject line.

You acknowledge and agree the Max Exchange may from time to time change its terms of use and agree to the new changes when the are published.

You also agree to the following terms and conditions:

Content: No items can be sold nor can sites be linked from my web site to any of the following products or any association with the following activities: firearms / weapons; drugs/alcohol; drug paraphernalia; sponsorship banners; pornography or sexually oriented products and services; escort services, and stolen or illegal goods. Also not accepted, material that infringes upon the copyright of someone else; gambling; raffles; lotteries; pyramid or ponzi schemes; unsolicited commercial e-mail (Spam); contests of any kind; information perceived as racist or anti-Semitic in nature. Further exclusions include any service or product that, in the opinion of the Webmaster, does not uphold the standards established for the Network Community. Links to websites outside of the Max Network is strictly prohibited without the expressed written consent of the Max Exchange.. Violators will be immediately removed from our Network without refund. Max Exchange reserves the right to add any contents to the bottom shared border of any members web page(s), including but not limited to hyperlinks, images and banner ads.

Other Limitations of Liability: Under no circumstances shall the Max Exchange be responsible for any consequential, special, lost profits or other damages arising from any failure to timely publish an advertisement in accordance with the Insertion Order. Without limiting the foregoing, the Max Exchange shall not be liable for any cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to: computer hackers, viruses, earthquake, flood or other natural disaster, act of God, labor controversy, civil disturbance, war (whether or not officially declared) or any change in or adoption of any law, regulation, judgment or decree.

Representations: The Max Exchange nor its independent agents makes no representations or guarantees with respect to potential success of any of its products or services. Max Exchange nor its independent agents makes no warranties or guarantees as to search engine positioning or indexing. Max Exchange nor its independent agents makes no guarantees of the quantity or quality of the leads generated by the customers website or leads generated by the Max Exchange and forwarded to the customer. Max Exchange nor its independent agents makes no guarantees as to listing position on our network(s). Max Exchange nor its independent agents does not guarantee how long it will take to list the members business on our network(s) or design a website. Said time frame cannot be guaranteed because the customer is responsible for providing description listing and website contents. Max Exchange nor its independent representatives makes any verbal guarantees or representation unless provided specifically in writing on this contract.. Max Exchange nor its independent agents makes no warranties or guarantees as to exclusive listings.

Advertiser Representations: Indemnification advertisements are accepted upon the representation that user user has the right to publish the contents of the advertisement, without infringement of any rights of any third party. Member agrees to indemnify and hold Max Exchange harmless against any and all expenses and losses of any kind (including reasonable attorneys' fees and costs) incurred by Max Exchange in connection with claims of any kind arising out of publication of the advertisement (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or deceptive advertising or sales practices) and/or any material of advertiser/merchant to which users can link through the advertisement. Member specifically acknowledges that Max Exchange is not liable for the defamatory, libelous offensive or legal conduct of other Members or third parties and that the risk of injury from the foregoing rests entirely with the Members. Neither the Max Exchange nor any of its agents or affiliates shall be liable for any exemplary, special, indirect incidental, consequential or punitive damages arising out of the use of our Network or inability to gain access to or use our Network or out of any breach of warranty of Max Exchange, even if Max Exchange has been advised of the possibility of such damages Max Exchange's total liability for actual damages, if any, shall in no event exceed the total amounts paid by the Network merchant/advertiser to Max Exchange under this agreement.

Agreements: You understand and agree that all advertising is for 1 year and cannot be canceled without the expression written authorization of the Max Exchange Trust.

Assignment: You may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights. Failure to comply will result in immediate termination of this contract, without liability to Max Exchange and without refund.

Choice of Law and Arbitration: This Agreement is executed under the Constitution for the United States of America by common law right of contract of the parties involved and will be governed by and construed in accordance with the Max Exchange Trust without giving effect to its conflicts-of-laws principles. All disputes and claims relating to this Agreement and Max Exchange products and services, any other claims or causes of action relating to the performance of this Agreement shall be settled totally and finally by arbitration at any location as Max Exchange prescribes. If a Member files a claim or counterclaim against Max Exchange, the Network Member shall do so on an individual basis and not with any other Network Merchant or as part of a class action. In any such arbitration proceeding, each party shall be limited to taking three (3) depositions. The arbitrator may not award punitive damages. The decision of the arbitrator shall be final and binding on the parties and may, if need be, be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of this Agreement.

Construction: No conditions other than those set forth in these Standard Terms shall be binding on Max Exchange unless expressly agreed to in writing by Max Exchange. In the event of any inconsistency the Standard Terms shall control.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MAX EXCHANGE TRUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE MAX EXCHANGE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MAX EXCHANGE TRUST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MAX EXCHANGE TRUST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MAX EXCHANGE TRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Thank You for visiting our website! Please come back and visit us again!

Max

The Cyberspace Dog

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All Private & Business Ads published on the Max Classified Ads Network is subject to the approval before publishing. We reserve the right to edit, refuse, reject, classify or cancel any ad at any time. We shall not be liable for any loss or expense that results from the publication (whether published correctly or not) or omission of any advertisement.

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