MAX Estrem

Fecha efectiva: 01/12/2021

Privacy Policy

COLLECTION AND USE OF YOUR PERSONAL INFORMATION:

MAX.com is an online networking service for humans designed to provide an easy way for our members to network with each other to establish mutally beneficial relationships. To accomplish this, our members create their own unique profiles, which do not reveal their full real names or their contact information. MAX.com is owned and operated by MAX.

If you have any concern about providing information to us or having such information displayed on our Services or otherwise used in any manner permitted in this Privacy Policy and the User Agreement, you should not become a Member, visit our websites, apps or otherwise use our Services.If you have already registered, you can close your accounts. All visitors to our site may browse the site, search the member profiles and view any articles or features our site has to offer without entering any personal information.

PUBLIC INFORMATION:
We define Public information as personal information that may be displayed on the site, included but not limited to the information users post in their profiles. Public information is meant to be seen by members and visitors to the site.

AGGREGATE INFORMATION:
Aggregate information is not directly submitted by users to MAX.com. This is information we collect that is not personally identifiable, such as browser type and IP address. This information is gathered for all users to the site. We use your server, IP address, and browser-type related information in the general administration of our website and mobile applications.

MAX may provide to third parties aggregated information about the user that is disclosed by the user in connection with the use of the site and information about the user%27s use of the site. Except as otherwise stated in this privacy policy or with the approval by or on behalf of the user or as required by law, MAX will not disclose the user%27s name, email or mailing address, or telephone or facsimile number. MAX will not review, change, edit or disclose communications to or from the user in connection with the use of the site, except: (A) in the event of a breach of user%27s agreement with MAX; (B) as required by law; (C) in connection with claims that the rights of third parties have been violated; (D) to protect the rights of MAX , (E) or as otherwise set forth herein.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data by posting this information in your profile on the MAX.com web site, mobile application or by emailing it to other MAX.com members, this information may be collected and used by others. Note: MAX does not read any of your private online communications. 

MAX may send you a welcome letter or email explaining the features provided by the service. MAX may also send periodic member letters to announce important service changes, new features, technical issue updates and news about other MAX products and services. MAX may also contact you via surveys or contests to conduct research about your opinion of current services or of potential new services that may be offered. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Survey information collected will be used for purposes of monitoring or improving the use and satisfaction of this site.

MAX may, from time to time, also contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, MAX may share data with trusted partners to help us perform statistical analysis. All such third parties are prohibited from using your personal information except to provide these services to MAX and they are required to maintain the confidentiality of your information.

MAX will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on MAX or the site; (b) protect and defend the rights or property of MAX; and, (c) act under exigent circumstances to protect the personal safety of users of MAX its web sites, or the public, (d) or as otherwise set forth in this Privacy Statement.

Use of Cookies:
MAX.com uses "cookies" to help you personalize your online experience. A cookie is a piece of data stored on the user%27s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. We do not and will not use cookies to collect private information from any user. Cookies cannot be used to run programs or deliver viruses to your computer. One of the primary purposes of cookies is to tell the Web server that you have returned to a specific page. Cookies are used on the MAX.com web site to control access to the member%27s area. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you will not be able to fully experience the interactive features of the MAX.com web site.

Children:
Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or use the service.

Consent to MAX Processing Information About You:
The personal information that you provide to us may reveal or allow others to identify aspects of your life that are not expressly stated on your profile (for example, your picture or your name may reveal your gender). By providing personal information to us when you create or update your account and profile, you are expressly and voluntarily accepting the terms and conditions of our User Agreement and freely accepting and agreeing to our processing of your personal information in ways set out by this Privacy Policy. Supplying to us any information deemed “sensitive” by applicable law is entirely voluntary on your part. You can withdraw or modify your consent to our collection and processing of the information you provide at any time, in accordance with the terms of this Privacy Policy and the User Agreement, by changing your account settings or your profile on MAX.

MAX Communications: 
We communicate with you through email, notices posted on the MAX websites or apps, messages to your MAX inbox, and other means available through the Services, including mobile text messages and push notifications. Examples of these communications include: (1) welcome and engagement communications - informing you about how to best use our Services, new features, updates about other Members you are connected to and their actions, etc.; (2) service communications - these will cover service availability, security, and other issues about the functioning of our Services; (3) promotional communications - these include both email and MAX messages, and may contain promotional information directly or on behalf of our partners, including job opportunities and information from third parties that are hiring. These messages will be sent to you based on your profile information and messaging preferences.

Please be aware that you cannot opt out of receiving service messages from us.

Customized content:
Information you provide at registration or in your Profile section is also used to customize your experience on the website and app. For example, when you login to your account we may partial information about you and your company on our homepage when people log-in. The intent (obviously) is to provide you with immediate and maximum exposure opportunities.

Additionally, many users upload third-party logos to their profiles. MAX neither endorses nor is affiliated with most of these third-party companies. In most cases, MAX is not affiliated with these companies. If a company feels the logo placed on a profile is in violation of their trademark guidelines, they should contact the profile owner and/or contact MAX directly to have the logo removed.

Point and rating system:
MAX uses a verification / rating system (both public and private) to understand our users AND provide the overall community with an understanding of the quality of the users on the network. You may be awarded credits/badges based upon your status within the system (Premium Member, etc ...) and/or your use of the system. MAX may adjust your rating, change system credit values or modify the credit and rating system at any time at its discretion. 

Security:
We have implemented security safeguards designed to protect the personal information that you provide in accordance with industry standards. Access to your data on our Services is password-protected, and data such as credit card information is protected by SSL encryption when it is exchanged between your web browser and the Services. To protect any data you store on our servers, we also regularly monitor our system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails, instant messaging, and similar means of communication with otherMembers are not encrypted, and we strongly advise you not to communicate any confidential information through these means. Please help keep your account safe by using a strong password.

Legal disclaimer:
It is possible that we may need to disclose personal information when required by law. We will disclose such information wherein we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, or other legal process served on our company or to exercise our legal rights or defend against legal claims.

Links:
This site contains links to other websites. Please be aware that MAX is not responsible for the privacy practices of other Web sites, including the web sites connected to the resources page on the MAX.com web site and the billing service outsourced by MAX and the MAX.com web site. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Changes to this Statement:
We may change this Privacy Policy from time to time. If we make significant changes in the way we treat your personal information, or to the Privacy Policy, we will provide notice to you on the Services or by some other means, such as email. Please review the changes carefully. If you agree to the changes, simply continue to use our Services. If you object to any of the changes to our terms and you no longer wish to use our Services, you may close your account(s). Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Using our Services after a notice of changes has been communicated to you or published on our Services shall constitute consent to the changed terms or practices.



Terms of Service

Welcome to MAX.com (also referred to as the MAX.com web site or MAX mobile application). This site is owned and operated by MAX. In order to fully use the MAX.com web site, you must register as a member of the site and agree to be bound by these Terms and Conditions of Use. If you wish to become a member and communicate with other members and make use of the MAX.com service ("Service"), carefully review the terms and conditions of use of the MAX.com web site set forth below. This Agreement sets out the legally binding terms for your membership.

MAX may amend or modify these terms and conditions without notice, effective immediately, by posting such terms and conditions on the MAX.com web site or by otherwise notifying you of such terms and conditions.

MAX reserves the right to discontinue, on a temporary or permanent basis, the Service (in whole or in part) without notice and without liability to the user. Either you or MAX may terminate your membership at any time, for any reason, effective upon sending written (including email) notice to the other party. MAX reserves the right to immediately suspend or terminate your access to the service, without notice, upon any breach of this Agreement by you which is brought to our attention.

  1. ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICE
    By registering for or using the Service you (the "user") agree to the above and the following terms and conditions, as the same may be amended from time to time (the "Ts and Cs"). By registering for or using the Service, you represent and warrant that you are over 18 years of age and have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
  2. DESCRIPTION OF SERVICE
    MAX owns and operates the MAX web site and mobile applications, which provides the structure for an online networking group for individuals (the "Service"). You do not have the right to copy, sell, or otherwise exploit for any commercial purpose (a) the Service provided by the MAX.com web site (in whole or in part), (b) access to the Service or (c) use of the Service.
  3. ELIGIBILITY FOR MEMBERSHIP
    The service provided by MAX is available only to individuals who are over 18 years of age and can form legally binding contracts under applicable law. MAX may refuse access to its service to anyone at any time, in its sole discretion.
  4. TERM
    This Agreement will remain in full force and effect while you remain a member of MAX.com. You may terminate your membership at any time, for any reason upon receipt by MAX of your email notice of termination. Such email notice must be sent to support@MAX.com and must include your first and last name, your membership email and password.
    MAX may terminate your access to the site. MAX may terminate your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to MAX If MAX terminates your membership because you have breached the Agreement you will not be entitled to any refund of any unused Subscription fees.
  5. PROPRIETARY RIGHTS IN CONTENT ON MAX.com WEB SITE.
    MAX owns and retains other proprietary rights in the MAX.com web site. The site contains the copyrighted material, trademarks, and other proprietary information of MAX Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
  6. CONTENT POSTED ON THE SITE.
    1. You understand and agree that MAX may delete any content, messages, or profiles (collectively, "Content") that in the sole judgment of MAX violate the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of the MAX.com web site and/or its members.
    2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the MAX.com web site, or transmit to other MAX.com members.
    3. You may not include in your member profile any telephone numbers, street addresses, URL%27s, and email addresses
    4. The following is a partial list of the kind of Content that is illegal or prohibited on the site. MAX will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
      - is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      - harasses or advocates harassment of another person;
      - involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
      promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      - promotes an illegal or unauthorized copy of another person%27s copyrighted work;
      contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      - displays pornographic or sexually explicit material of any kind;
      - provides instructional information about illegal activities such as making or buying illegal weapons, violating someone%27s privacy, or providing or creating computer viruses;
      - solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
  7. MEMBER DISPUTES.
    You are solely responsible for your interactions with other MAX.com members. MAX reserves the right, but has no obligation, to monitor disputes between you and other members.
  8. USER%27S OBLIGATIONS TO PROVIDE ACCURATE INFORMATION AND TERMINATION
    The user represents and warrants that the user will:
    1. post a profile on joining MAX. Best results are obtained from posting profiles which properly answer all sections on the profile. In the event that you fail to provide a suitable profile we reserve the right to terminate your membership. In addition, until you post a profile you will not be able to contact other members.
    2. provide accurate, complete and up to date information about the user as prompted by the components of the Service and in the registration process; and
    3. maintain and update this information as appropriate. If any information provided by the user is inaccurate, incomplete, or not up to date, if the user has violated the Ts and Cs, or if the user has violated the rights of MAX or others, then MAX may, without notice, terminate the user%27s access and use of the Service. In addition, MAX reserves the right, in its sole and absolute discretion, for any or no reason, without liability to the user, to refuse access to the Service to the user. If MAX terminates your membership because you have breached the Agreement, you will not be entitled to any refund of any unused Subscription fees.

    It is the user%27s responsibility to arrange, be responsible for, and pay for the Internet access service connecting the user%27s computer to the Internet to enable the user to have access to the Service.
  9. USE OF INFORMATION AND PRIVACY
    To enable MAX to use and publish your information that you choose to make publicly available on the MAX platforms in connection with your use of the Service ("Your Information"), you grant MAX a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right (Including any moral rights) and license to use, reproduce, modify, adapt, publish, perform, prepare derivative works from, distribute, and display Your Information (in whole or in part) and to Incorporate it in other works in any other form, media or technology now known or later developed, for the full term of any rights that may exist in Your Information. MAX will use Your Information in accordance with our Privacy Policy.
  10. USE OF COPYRIGHTED, TRADEMARKED OR OTHER PROTECTED MATERIAL
    The user will refrain from posting any information or items to the MAX.com web site which are copied, in whole or in part, from third party sources without their authorization. For further clarification, please see the U.S. Law on Copyrights, or see the web sites of the U.S. Copyright Office or U.S. Trademark Office.
  11. PASSWORD AND SECURITY
    The user will select a password during the registration process. The user is responsible for maintaining the confidentiality of the password and for all activities in connection with the user%27s password. The user must immediately notify MAX of any unauthorized use of the user%27s password or any other breach of security. The user is also responsible for maintaining the confidentiality of the user%27s email account password for the email account to which the MAX web site forwards the user%27s email sent from other members of MAX
    To protect any data you store on our servers, we also regularly monitor our system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails, instant messaging, and similar means of communication with other Members are not encrypted, and we strongly advise you not to communicate any confidential information through these means. Please help keep your account safe by using a strong password.
  12. ADDITIONAL USER RESPONSIBILITIES
    The user shall comply with all applicable local, state, national, and international laws and regulations in connection with the user%27s use of the Service, shall not impersonate any person or entity or falsely represent user%27s identity, and shall not interfere with the use of the Service by others, including, without limitation, by submitting any virus or other mechanism to the Service, or by attempting to cause the Service to crash, or by transmitting junk mail, spam, bombs or unsolicited email that is a blatant advertisement of a product or service or an attempt at recruitment, except in the normal use of the site. The normal use of this site is defined as contacting members of the MAX.com web site for the purpose of "networking", i.e., to build professional relationships which are mutually beneficial.
    The user shall be solely responsible for the contents of the user%27s account information and for any communications in connection with the user%27s use of the Service. You are the provider of all information and are the publisher of all information submitted by you to the MAX.com web site. In no event will MAX and all its related personnel including but not limited to its shareholders, officers, directors, employees, agents, consultants and third parties be held responsible for any incidental, consequential, exemplary or other damages arising out of or relating to your use of this service, and you agree to hold harmless and indemnify MAX and all its related personnel including but not limited to its shareholders, officers, directors, employees, agents, consultants and third parties from any claim demand, action, loss, cost and expense including without limitation reasonable attorney%27s fees relating to same.
    The user shall not use the Service to communicate any unlawful, annoying, harassing, defamatory, libelous, abusive, threatening, harmful, vulgar, obscene, or tortious material of any kind or any material that invades, infringes or violates the personal or proprietary rights of any person or entity. The user shall not attempt to gain unauthorized access to other networks connected to the Service.
    The user shall not use the Service to post any advertisements or chain letters.
    The user shall not post addresses, email addresses, url%27s, or phone numbers in the user%27s member profile.
    The user shall not email a member if that member at any time requests the user not to email him or her.
  13. USE OF COOKIES
    The MAX.com web site uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.One of the primary purposes of cookies is to tell the Web server that you have returned to a specific page. Cookies are used on the MAX.com web site to control access to the member%27s area. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you will not be able to fully experience the interactive features of the MAX.com web site.
  14. INDEMNITY
    The user shall indemnify and hold MAX and all related personnel, including but not limited to it%27s shareholders, officers, directors, employees, agents, consultants and third parties, harmless from any claim, demand, action, loss, cost, and expense, including, without limitation, reasonable attorney%27s fees, arising out of or in connection with the user%27s use of the Service, the user%27s breach of any representation or warranty in the Ts and Cs, the user%27s violation or breach of the Ts and Cs, or the user%27s violation or infringement of the rights of others.
    You agree to defend, indemnify, and hold harmless MAX and all its related personnel, including but not limited to it%27s shareholders, officers, directors, employees, agents, consultants and third parties from your use of this service, including any violation of the rules contained in this agreement, or any accusation that the information which you post infringes the intellectual property rights (such as trade secrets, copyrights, patents, etc.) of any third party or that such information disparages, libels, or invades the privacy of any third party.
    You agree not to hold MAX and all its related personnel including but not limited to all it%27s shareholders, officers, directors, employees, agents, consultants and third parties liable for any legal, financial, or any other claim resulting from the use of this service. MAX operates as a listing service and will not be held accountable nor liable for any interaction between it%27s members.
  15. DISCLAIMERS
    MAX is not responsible for any incorrect or inaccurate Content posted on the site or in connection with the MAX.com Service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user and/or member of the MAX.com Service whether online or offline. MAX assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. MAX is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person%27s computer related to or resulting from participating or downloading materials in connection with the MAX.com site and/or in connection with the MAX Service. Under no circumstances will MAX be responsible for any loss or damage resulting from anyone%27s use of the Site or the Service and/or any Content posted on the MAX site or transmitted to MAX mobile application members.
  16. LINKS
    Links to other Web sites may be provided in the Service. MAX will not be responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, advertising, service, product, or other material on or available from such sites or for any damages caused by or in connection with such content, advertising, service, product, or other material available from such sites including but not limited to the web sties connected to the resources links on the MAX.com web site and the billing service used by the MAX.com web site and MAX
  17. MAX - PROPRIETARY RIGHTS
    Information made available to the user through the Service and the content of the Service may be protected under copyright, trademark, patent, or other laws of the United States and foreign jurisdictions. User may use this information and content only as expressly authorized by MAX or the other proprietors of this information and content, and may not reproduce, publicly display or perform, distribute, or prepare derivative works of such information or content without express authorization of the proprietors thereof.
  18. CARE IN USING THE SERVICE
    Users should use caution when using the Service. MAX does not at this point screen or otherwise monitor information that is provided in connection with the Service. MAX does not monitor that information provided by users is accurate, truthful, up to date, or not misleading.
  19. DISCLAIMER OF WARRANTIES
    USE OF THE SERVICE IS AT THE USER%27S SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".
    MAX MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES OR OTHER MECHANISMS, OR ERROR FREE. MAX MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. MAX MAKES NO WARRANTY REGARDING ANY TRANSACTION ENTERED INTO THROUGH SERVICE.
    MAX DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE OR ITS CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS WEB SITE AND RELATED MOBILE APPLICATIONS.
    YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE IS 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 SUCH CONTENT AND/OR DATA.
    MAX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  20. LIMITATION OF LIABILITY
    MAX AND ALL ITS PERSONNEL INCLUDING BUT NOT LIMITED TO ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS AND THIRD PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF WHATEVER KIND AND HOWEVER CAUSED, EVEN IF MAX KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, OR THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR INFORMATION RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
  21. GENERAL
    The Ts and Cs shall be governed by the internal laws of the State of New York applicable to agreements made and to be fully performed therein. The user and MAX shall submit to the personal and exclusive jurisdiction of the courts located within the county of New York, State of New York.
    If any provision of the Ts and Cs is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Ts and Cs shall remain in full force and effect.
    The paragraph headings are for convenience only and shall have no effect upon the meaning of the paragraph.
    You cannot become a member of MAX without accepting this agreement. As a member of the MAX you agree to accept all the terms and conditions of the user Agreement.
    This Agreement, accepted upon use of the Site and further affirmed by becoming a member of the MAX, contains the entire agreement between you and MAX. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
    Please Contact us with any questions regarding this agreement.
    BY USING THIS SERVICE OR BY BECOMING A MEMBER YOU AFFIRM THAT YOU HAVE READ THE ENTIRE AGREEMENT, UNDERSTAND IT AND AGREE TO ITS TERMS.


EULA

END USER LICENSE AGREEMENT
The following terms govern your use of MAX™ mobile software, and services (“Applications”).
BY INSTALLING, USING OR ACCESSING THE APPLICATIONS, YOU SIGNIFY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE TERMS AND CONDITIONS APPLICABLE TO THIRD PARTY ANALYTICS TOOLS AND SERVICES, WHICH YOU MAY FIND IN PARAGRAPH 9 (THE “AGREEMENT”). IF YOU DO NOT AGREE, DO NOT INSTALL, USE OR ACCESS THE APPLICATIONS.
1. APPLICATIONS. MAX Technologies and/or its affiliates and suppliers (“MAX”, “we” or “us”) provide the Applications to you under the terms of this Agreement. We may discontinue or change any feature of the Applications at any time and without notice.
2. TERMS. This Agreement, any supplemental terms set forth in the Appendix, plus any additional or modified terms that are incorporated into any Application and/or accompany any update or upgrade collectively govern your use of the Applications. In addition, you understand and agree that (1) third party distributors or telecommunication services that offer the Applications on their devices or through their application stores may impose their own terms and conditions if you acquire and use the Applications from them, and (2) use of any service or site accessed through the Applications is governed by the terms and conditions presented on that service or site. Your use of the Applications is also governed by our Privacy Policy, which may be found at website.
3. OWNERSHIP AND RIGHT TO USE. This is a license of the Applications, not a sale. The Applications are protected by copyright and other intellectual property laws and by international treaties. We, our licensors, partners and suppliers own all rights in the Applications. Subject to your compliance with this Agreement, we grant you a personal, limited, non-exclusive, revocable, non-sublicenseable and non-transferable right to install and use the Applications for personal purposes. You must be at least 18 years old to use any location-based services included in the Applications. We retain and reserve all rights not expressly granted to you.
4. RESTRICTIONS. You may not: (i) make any copies of the Applications other than the copy that you need to operate the Applications on your devices, (ii) modify or create any derivative works of the Applications; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive or discover the source code, underlying ideas, protocols or algorithms of the Applications; (iv) attempt to gain unauthorized access to, disrupt or interfere with any services, accounts, computer systems or networks associated with or used by the Applications; (v) resell, lease, sublicense or otherwise attempt to transfer rights to the Applications; (vi) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Applications; (vii) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the Applications; (viii) use the Applications or any of our services associated with the Applications in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of the services or Applications; (ix) use the Applications in any way that violates this Agreement, any law; or the rights of any third party; (x) use the Applications in any way to transmit, directly or indirectly, any unsolicited bulk communications or (xi) assist any third party to do any of the things described in this paragraph.
5. CONTENT. Content, information, materials, graphics, audio and video (“Content”) that may be accessed through the Applications, including any intellectual property rights associated therewith, is the property of its respective owner. You may not use the Applications to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You are solely responsible for the Content that you upload, transfer, send, forward, submit, share, post or otherwise provide (collectively referred to as “Post”) using the Applications and for the consequences of Posting Content where others and the general public may see the Content. This includes any personal information about you or others, such as your or another’s home address. You understand and acknowledge that it may be difficult or impossible to control the misuse of such information by others or remove the information from the Applications or from third party services. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RELEASE OF PRIVATE INFORMATION IN CONTENT YOU POST TO THE APPLICATIONS. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT, INTERACTION, LOSS OF PRIVACY, OR ANY OTHER CONSEQUENCES THAT MAY OCCUR BETWEEN YOU AND ANY OTHER USER OF THE APPLICATIONS AND OUR SERVICES OR A MEMBER OF THE PUBLIC AND THAT THE ENTIRE RISK IS WITH YOU.
By Posting Content, you are giving us, our assigns, our agents, third party contractors, and partners the irrevocable, royalty free, perpetual, worldwide right and license to display, store, copy, perform, adapt, modify, remix, publish, use (including for promotional and marketing purposes), syndicate and/or distribute such Content (either in the form submitted or in the form of a derivative or adapted work) without attribution in any medium and through any form of technology or distribution. Without limiting the foregoing, with respect to any video submissions to us and made by you, we have the right to or may permit users to compile, re-edit, adapt or modify your submission, or create derivative works, either on a stand-alone basis or in combination with other submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our partners shall be free to display and publish the same for any period. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your Content expressly including but not limited to any video content that you Post.
Opinions Posted by other users and third parties are theirs alone. Content created by users and third parties is their sole responsibility and its accuracy and completeness is not guaranteed or endorsed. We do not undertake any obligation or responsibility relating to such Content and do not undertake or assume any duty to monitor the Application for inappropriate or unlawful Content. We and our successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from such Content, including but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. We reserve the right to remove, at our sole discretion, any Content.
6. COPYRIGHT INFRINGEMENT NOTICE. If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please go to MAX website.
7. THIRD PARTY SERVICES. We are not responsible or liable for the availability, Content or activities of third party services and/or sites (“Third Party Service”) that may be incorporated into, or accessible from, the Application. We do not endorse or recommend and are not responsible or liable for any Content, accuracy, quality, advertising, products, or other materials on or available from such Third Party Services. You further acknowledge that we 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 the use of such Third Party Services. In addition, third party distributors or telecommunication services may impose their own terms and conditions and impose charges or costs if you acquire the Applications from them, or use the Applications with their services. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO OBTAIN, ACCESS OR USE THE APPLICATIONS THROUGH YOUR DEVICE.
8. THIRD PARTY ANALYTICS TOOLS AND SERVICES. OUR APPLICATIONS MAY USE THIRD PARTY ANALYTICS TOOLS AND SERVICES TO HELP US BETTER UNDERSTAND HOW YOU INTERACT WITH THE APPLICATIONS, DEVELOP AND IMPROVE OUR APPLICATIONS, AND PROVIDE TARGETED ADVERTISING AND CONTENT. THESE TOOLS AND SERVICES, THROUGH THE USE OF COOKIES, BEACONS, OR OTHER TECHNOLOGIES MAY COLLECT INFORMATION ABOUT YOUR USE OF THE APPLICATION INCLUDING BUT NOT LIMITED TO YOUR DEVICE, LOCATION INFORMATION, AND OPERATING SYSTEM. IN ADDITION, THE THIRD PARTIES PROVIDING THESE TOOLS AND SERVICES MAY USE THE INFORMATION COLLECTED PURSUANT TO THEIR PRIVACY POLICIES. LINKS TO THESE THIRD PARTY PRIVACY POLICIES MAY BE FOUND IN THE SUPPLEMENTAL TERMS TO THIS AGREEMENT. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY OR RESULTING FROM THE ACTIVITIES OF THESE THIRD PARTY ANALYTICS TOOLS AND SERVICES PROVIDERS AND/OR THEIR USE OF ANY INFORMATION COLLECTED BY THE TOOLS AND SERVICES.
9. REGISTRATION. Certain Applications are intended for use with specific services and products provided by us. You may be required to register with us to access and use the Applications with our products. You will need some form of log-in credential authorized by us, such as a username or authorized e-mail address (“User ID”), so that you can access your account. You must agree to abide by the terms and conditions that apply to your use of your User ID that you elect to use with the Applications, and it is your sole responsibility to maintain the confidentiality of any User ID, password or log in credentials.
10. ACCESS. You must provide at your own expense the equipment, Internet connections and wireless devices or wireless services to access and use the Applications and the products associated with such Applications. We do not guarantee that the Applications will work with all wireless devices or wireless service plans, at all times, or in all geographic locations. You acknowledge that the Applications may provide features that include messaging, status updates, posts, alerts, reminders, updates, preferences, and location. You authorize us to communicate with you regarding the Applications using SMS, MMS, text message, push notifications, or other electronic means to your wireless device. You acknowledge and agree that information about your usage of the Applications and the type of device you are using may be communicated to us by third parties, including without limitation your wireless carrier. We may use this information to notify you concerning the types of features and products from the Applications that may be available to you on your device. Certain features of the Applications may require our collection of the phone number of your device. We may associate that phone number to the mobile device identification information; however, we will not use that number for telemarketing. Some wireless carriers in the USA and other jurisdictions may be required to operate a system that will pinpoint the physical location of devices that use their service, we may automatically receive this information and you consent to any such disclosure.
If you elect to use certain location or pinpoint based services (such as, GPS assisted navigation instruction), in order for us to provide location-based services to you, you authorize us to: (a) locate your hardware; (b) record, compile and display your location; and (c) publish your location to third parties designated by you by means of location publication controls available within the Applications (e.g., settings, user preferences). As part of the Applications, we may also collect and store certain information about our users, such as, users' wireless mobile subscriber ISDN and/or IMEI numbers (as applicable) and users' network access identifier information. This information will be used to provide you the services accessed through the Applications. We may use third party providers to help provide services and such providers may use the information in accordance with our Privacy Policy. Certain Applications and operating systems may allow you to adjust your privacy settings; please review any information or FAQ area that accompanies such applications and operating systems for more details and instructions.
11. YOUR RESPONSIBILITIES. You are responsible for:
(a) All activities that occur as a result of the use of the Applications through your User ID and devices; and
(b) Complying with this Agreement and with any and all applicable laws.
In addition, you agree that you will not submit Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein. You agree that your will not use the Applications to (1) publish falsehoods or misrepresentations that could damage us or any third party, (3) engage in any activity, including submitting Content, that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or which is or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, or (4) post advertisements or solicitations of business, or Content intended to provide professional advice directed to any user on any Applications, including without limitation, providing medical treatment, legal or personalized investment advice. You may not use the Applications to solicit or offer to buy or sell any securities or other financial instruments, or recommend any particular security, portfolio of securities, transaction or investment strategy.
12. SUGGESTIONS. You agree that we may, without limitation, or attribution and for no compensation, use in any manner all comments, suggestions, complaints and other feedback you provide relating to the Applications.
13. YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Applications only for lawful purposes, that you will not violate the rights of others or the terms of this Agreement. In connection with the Content you Post, you represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content, and you have the written consent, release and/or permission of each and every identifiable individual person in such Content to use the name or likeness of each and every such person, to enable inclusion and use of such Content in the manner contemplated by us and this Agreement.
14. AUTOMATED UPDATES AND SUPPORT. We may, but we are under no obligation to, provide updates, patches and fixes (collectively, “Updates”). You agree that you are not entitled to any support, telephone assistance, corrections, Updates, upgrades, bug fixes and/or enhancements of the Applications from us or our distributors.
15. PERFORMANCE AND USAGE INFORMATION.
(a) TECHNICAL INFORMATION. Most Applications are configured to report back information automatically relating to your mobile phone or other wireless device errors arising in connection with use of the Applications, without notice to you. Information on your Applications’ configuration settings may be included. We use this data to diagnose and improve the Applications. The Applications may also provide us with anonymous information about use of the Applications’ features. We use this information in the aggregate to improve the Applications and determine which Application features and buttons are most popular and useful to its users.
(b) PERSONALIZATION. You may be asked to provide us with certain information so that we can personalize content presented to you through the Applications.
16. TERMINATION. This Agreement automatically terminates if you fail to comply with any of its terms. We may terminate this Agreement at any time in our sole discretion, or cease to make the Applications, or any aspects, available for your continued use. You may discontinue use of the Applications at your discretion. Upon termination, you must stop all use of the Applications and must destroy all copies of the Applications that are in your possession. All provisions of this Agreement, except for the license grant in Section 3 above, survive the termination of this Agreement.
17. INJUNCTIVE RELIEF. You agree that your breach or threatened breach of this Agreement will cause us irreparable injury for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under this Agreement in addition to any and all other remedies available to us at law or in equity.
18. DISCLAIMER OF WARRANTY.
WE, OUR LICENSORS, SUPPLIERS, PARTNERS AND DISTRIBUTORS PROVIDE THE APPLICATIONS AND CONTENT “AS IS” AND WITH ALL FAULTS AND DO NOT WARRANT THAT THE APPLICATIONS AND CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE. WE, OUR LICENSORS, SUPPLIERS, PARTNERS AND DISTRIBUTORS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, NON-INFRINGEMENT OR ACCURACY, WITH RESPECT TO THE APPLICATION OR THE CONTENT. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE, THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS APPLICATION OR ANY CONTENT PROVIDED BY THIRD PARTY SERVICES INCORPORATED IN OR ACCESSIBLE THROUGH THE APPLICATION AND SUCH CONTENT IS SUPPLIED FOR YOUR REFERENCE ONLY. ALTHOUGH WE TAKE REASONABLE EFFORTS TO ENSURE AGAINST THE INTRODUCTION OF VIRUSES, WORMS AND OTHER MALICIOUS CODE, WE DO NOT GUARANTEE OR WARRANT THAT THE APPLICATION AND CONTENT DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE OUR LICENSORS, SUPPLIERS, PARTNERS AND DISTRIBUTORS ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. THE ENTIRE RISK FROM YOUR USE OF THE APPLICATION AND CONTENT, AND ANY RELIANCE ON THE SAME, AND AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, EFFORT, AND COST OF ANY SERVICE AND REPAIR, IS SOLELY WITH YOU.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WE, OUR SUPPLIERS, PARTNERS, AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APPLICATIONS.
IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE APPLICATIONS FROM US OR OUR AUTHORIZED DISTRIBUTOR.
19. IMPORT/EXPORT CONTROL. The Applications may be subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws that apply to the Applications. You may not directly or indirectly export, re-export, transfer, or release the Applications, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.
20. HIGH RISK ACTIVITIES. The Applications are not fault-tolerant and are not designed, manufactured or intended for use in environments in which their failure could lead to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems (“High Risk Activities”). ACCORDINGLY, WE AND OUR SUPPLIERS, LICENSORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE MAX WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE APPLICATIONS IN SUCH HIGH RISK ACTIVITIES.
21. U.S. GOVERNMENT END-USERS. The Applications are a “commercial item,” as that term is defined in 48 C.F.R. - 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. - 12.212 (Sept. 1995) and 48 C.F.R. - 227.7202 (June 1995). Consistent with 48 C.F.R. - 12.212, 48 C.F.R. - 27.405(b) (2) (June 1998) and 48 C.F.R. - 227.7202, all U.S. Government End Users acquire the Applications with only those rights as described in this License.
22. ELECTRONIC NOTICES. YOU AUTHORIZE US TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE APPLICATIONS (“NOTICES”) IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEB OR MOBILE PAGE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Applications.
23. INDEMNIFICATION. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, suppliers and agents and distributors from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Applications. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
24. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the laws of the State of New York govern this Agreement and any claim or dispute that you may have against us, without regard to New York’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
25. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us.
26. GENERAL TERMS. (a) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (b) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or we may at our option terminate this Agreement. (c) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (e) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity in our sole discretion and without notice to you. (f) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (g) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
27. USERS OUTSIDE THE U.S. If you are using the Applications outside the U.S., then the provisions of this Section shall apply: (i) Les parties aux présentés confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattaché, soient redigés en langue anglaise. (translation: “The parties confirm that this Agreement and all related documentation is and will be in the English language.”); (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Applications, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable; and (iii) if the laws applicable to your use of the Applications would prohibit the enforceability of this Agreement, or impose any additional burdens on MAX, or confer any rights to you that are materially different from the terms and conditions of this Agreement, then you are not authorized to use the Applications and you agree to remove it from your mobile phone or other wireless device. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
28. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY CORPORATE PARENT, SUCCESSORS, AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS, AGENTS OR DISTRIBUTORS (COLLECTIVELY, “MAX”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, THE CONTENT, OR THE USE OF OR INABILITY TO USE THE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, MOBILE PHONE OR OTHER WIRELESS DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR ENTIRE COLLECTIVE LIABILITY SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THE APPLICATION (IF ANY), AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, MAX IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT POSTED BY YOU, ANY OTHER USER OF THE APPLICATION, OR A THIRD PARTY SERVICE THAT IS INCORPORATED INTO OR ACCESSED THROUGH THE APPLICATIONS.