MaxiMedia LLC
Terms of Service & User Agreement
Terms of Service
1. Acceptance of Terms
The following “Terms of
Service” governs your use of the software and services provided by MaxiMedia LLC (“MaxiMedia LLC”)
at Transactions.Team, TopRatedHomePros.com, and app.TopRatedHomePros.com
websites (the “Site”). This is a binding agreement between you and MaxiMedia LLC and incorporates our Privacy Policy at MaxiMediaInternational.com/Terms-Of-Service-and-Privacy-Policy.html.
By using any software or services provided by MaxiMedia
LLC (the “Services”), you are accepting to be bound to the terms of this
Agreement.
We reserve the right to change these Terms from
time to time. When we make any changes to our Terms, we will display a
notification to inform you that our Terms have been changed or we plan to
change our Terms. You acknowledge and agree that it is your responsibility to
periodically review this Site and these Terms. Your continued use of this Site
and Services after such modifications will constitute acknowledgement and
acceptance of the modified Terms.
As used in these Terms, references to our
“Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated
companies, officers, directors, suppliers, partners, sponsors, advertisers, and
includes (without limitation) all parties involved in creating, producing,
and/or delivering this Site and/or contents and Services available on this
Site.
BY USING THIS SITE AND SERVICES ON THIS SITE,
YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE
THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH
THIS SITE, PRODUCTS, SERVICES OR SERVICES AVAILABLE ON THIS SITE, OR THESE
TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, SERVICES OR
SERVICES.
2. Services
MaxiMedia
LLC provides a multitude of products integration and services for users on our
Site, which you may subscribe through our Site.
a. No Guarantee
Although MaxiMedia LLC works hard to provide quality Services, you
understand and acknowledge that we cannot promise or guarantee specific results
from using the Site or Services available on the Site.
b. Temporary
Interruptions
You understand and agree
that temporary interruptions of the Site may occur. You also understand and
agree that we have no control over the third-party networks or service(s) that
we may use to provide you with Services. You agree that the Services available
on this Site are provided “AS IS” and that we assume no responsibility for the
timeliness, deletion, mis-delivery, interruption, or
failure to store any user communications or personalization settings.
c. Right to Modify the
Services
We reserve the right to
implement new elements as part of the Services including changes that may
affect the previous mode of operation of the Services. We believe that any such
modifications will enhance the overall Services, but it is possible that your
opinion may vary.
d. No Contingency on
Future Releases and Improvements. You understand that your purchase of the
Services on our Site is not contingent on the delivery by us of any future
release of any functionality or feature, including without limited to, the
continuation of a certain service beyond its current subscription term or third
party services or dependent on any public comments we make, regarding any
future functionality or feature.
3. Payment
a. Fees
If you choose to
purchase one or more of the Services provided on our Site, you agree to pay all
fees associated with the Services. Our monthly subscription provides tiered
pricing for different levels of services and products based on the services you
choose to use. In addition to our monthly subscription services, you may
purchase add-in services for a one-time fee or recurring subscription fees.
Fees may change from time to time.
Any charges incurred by
your purchase or use of the Services, will be billed to the credit card we have
on file. In the event you sign up for a Service that is
ongoing and incurs reoccurring charges (such as a subscription), such charges will
be billed in advance of service. You agree to provide us with accurate
and complete billing information, including valid credit card information, your
name, address and telephone number, and to provide us with any changes in such
information within 10 days of the change.
b. Overdue Amounts
If, for any reason, your
credit card declines or otherwise refuses to pay the amount owed for the
Services you have purchased, you agree that we may suspend or terminate
performance of Services or delivery of products and may require you to pay any
overdue amounts incurred (including any third-party chargeback fees or
penalties) by other means acceptable to us. In the event legal action is
necessary to collect on balances due, you agree to reimburse us for all
expenses incurred to recover sums due, including attorney fees and other legal
expenses.
c. All Subscriptions
Non-refundable
Except as described
below, all fees paid for the Services provided on our Site are non-refundable,
and no prorated refunds or credits will be offered for partially used
subscriptions. However, if we issue a refund or credit in one instance, we are
under no obligation to issue the same refund or credit in the future.
We reserve the right to
issue refunds or credits at our sole discretion in the following situations:
1. Where we materially modify Terms of Service,
Privacy Policy during a billing period and such modification adversely affects
you, we may refund a portion of your subscription fee equal to the remaining
unused term, as we determine appropriate or as may be required by applicable
law. To be eligible for a refund, you must provide written notice which must
(a) identify your account and (b) request cancellation of the specific Service.
The cancellation will be effective upon our receipt of your notice and our determination
that you are authorized to effect such cancellation. Please refer to the
section, “How to Send Notices to MaxiMedia LLC,”
below on how to provide notice to us.
2. As noted in the section, “Services,” where a
modification or interruption adversely affects you and alternative remedies as
specified in our Terms of Service are not available, we may refund a portion of
your paid subscription fee equal to the remaining unused term of your
subscription, as we determine appropriate or as may be required by applicable
law.
4. Site Conduct, Posting
Policies & Third Party Websites
a. User-Created Content
Guidelines
Your use of the Site is
subject to all applicable laws and regulations, and you are solely responsible
for any comments or posts you leave on the Site. By posting information on the
Site, or by otherwise using any communications service, message board,
newsgroup, social media postings, or other interactive service available on the
Site, you agree that you will not post comments, messages, links, code or other
information that:
1. is unlawful, threatening, abusive, harassing,
defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or
includes graphic descriptions of sexual or violent content;
2. victimizes, harasses, degrades, or intimidates
an individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
3. infringes any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary right of any party;
4. consists of unsolicited advertising, junk or
bulk email (also known as “spam”), chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
5. contains any form of malicious code, files, or
programs that are designed or intended to disrupt, damage, or limit the
functionality of any software, hardware, or telecommunications equipment or
otherwise causes damage, or allows you to obtain unauthorized access to any
data or other information of any third party;
6. breaches the security of, compromises or otherwise
allows access to secured, protected or inaccessible areas of this Site, or
attempts to gain access to other network or server via your account on this
Site;
7. impersonates any person or entity, including any of our
employees or representatives.
At our sole discretion, MaxiMedia LLC may choose to unpublish
or otherwise make not available for public viewing, any material we deem
unnecessary for use of our Site.
b. User customization. MaxiMedia LLC platform within our Site may be modified by
users, incorporating the users’ name, logo, trademark, and color scheme into
user’s individual access area within our Site, and/or by otherwise applying a
user-built code on top of MaxiMedia LLC
platform. You are solely responsible for copyright, trademark or other
intellectual property concerns connected with your customized look and feel of
our Site. You acknowledge that you may not be able to customize our Site
according to your unique branding to the extent that your customization would
appear to be independently developed.
c. No Endorsement
MaxiMedia
LLC neither endorses nor assumes any liability for any material uploaded or
submitted by users on any part of the Site. Although we do not pre-screen,
police or monitor comments posted on our Site, we and our agents reserve the right
to remove any and all postings that we feel do not comply with these Terms and
any other rules of user conduct for our Site, or are otherwise harmful,
objectionable, or inaccurate. We are not responsible for any failure or delay
in removing such postings.
MaxiMedia
LLC may publish content featuring testimonials of our users, and any views or
opinions expressed in such posts are personal and do not constitute or imply
any approval, sponsorship or endorsement of MaxiMedia
LLC.
d. Third-Party Sites and
Information
This Site may redirect
or link to other websites on the Internet, or may otherwise include references
to information, products or services made available by unaffiliated third
parties. While we make every effort to work with trusted, reputable providers,
from time to time such sites may contain information, material or policies that
some may find inappropriate or personally objectionable. You understand that we
are not responsible for the accuracy, completeness, decency or legality of
content hosted by third party websites, nor are we responsible for errors or
omissions in any references made on those websites. The inclusion of such a
link or reference is provided merely as a convenience and does not imply
endorsement of, or association with the Site or party by us, or any warranty of
any kind, either express or implied.
e. Promotions
From time to time, this
Site may include advertisements offered by third parties. You may enter into
correspondence with or participate in promotions of the advertisers showing
their products on this site. Any such correspondence or promotions, including
the delivery of and the payment for goods and services by those third parties,
and any other terms, conditions, warranties or representations associated
therewith, are solely between you and the advertiser. We assume no liability,
obligation or responsibility for any part of any such correspondence or
promotion.
f. Electronic
Communication
When you enroll in the
Online Service, you must designate a primary email address that will be used
for receiving electronic communication. To the extent that MaxiMedia
LLC maintains an online message center now or in the future, such exchange of
communications shall be considered an electronic communication and may be
utilized by MaxiMedia LLC for providing you notices
pursuant to these Terms, as required by Applicable Law (as permitted) or
generally regarding your Account(s) with MaxiMedia
LLC. We will NEVER send you email requesting confidential information such as
Account numbers, usernames, or passwords and you should NEVER respond to any
email requesting such information. If you receive such an email purportedly
from MaxiMedia LLC, do not respond to the email and
notify MaxiMedia LLC by emailing us at info@MaxiMediaInternational.com
5. MaxiMedia
LLC Intellectual Property
a. Content
For purposes of these
Terms, “content” is defined as any information, communications, software,
published works, photos, video, graphics, music, sounds, or other material that
can be viewed by users on our Site and is owned by MaxiMedia
LLC or its Affiliates.
b. Ownership of Content
By accepting these
Terms, you agree that all content presented to you on this Site is protected by
any and all intellectual property and/or other proprietary rights available
within the United States and is the sole property of MaxiMedia
LLC or its Affiliates.
All custom graphics,
icons, logos and service names are registered trademarks, trademarks or service
marks of MaxiMedia LLC or its Affiliates. All other
trademarks or service marks are property of their respective owners. Nothing in
these Terms of Use grants you any right to use any trademark, service mark,
logo, and/or the name of MaxiMedia LLC or its
Affiliates.
A third party website
may feature our logos or trademarks, with or without authorization. Our logs or
trademarks featured in any third party website do not constitute or imply any
approval, sponsorship or endorsement of MaxiMedia LLC.
Certain of the ideas, software and processes
incorporated into the Services available on this Site are protected by patent applications
pending in the United States, and we intend to prepare and file additional
patent applications in selected foreign jurisdictions.
c. Limitations on Use of
Content
Except for a single copy
made for personal use, you may not copy, reproduce, modify, republish, upload,
post, transmit, or distribute any content from this Site in any form or by any
means whatsoever without prior written permission from us. Any unauthorized use
of Site content violates our intellectual property interests and could result
in criminal or civil penalties.
d. No warranty for
Third-Party Infringement
Neither we or our
Affiliates warrant or represent that your use of materials displayed on, or
obtained through, this Site will not infringe the rights of third parties.
6. Content You Create
a. Your Intellectual
Property Rights
You own and retain all
rights to your data and your code for customizing MaxiMedia
LLC platform. You grant us and our applicable third parties to use your data as
necessary to provide the Services to you and as permitted by this Agreement and
our Privacy Policy. If you are using the Services on behalf of another
party, then you represent and warrant that you have all sufficient and
necessary rights and permissions to do so. Subject to the limited license granted,
we acquire no right, title or interest from you or your licensors under this
Agreement.
We respect the
intellectual property rights of others, and we ask you to do the same. In
instances where we are notified of alleged infringement, MaxiMedia
LLC or User Content through our Designated Agent, a decision may be made to
remove access or disable access to such materials, in compliance with the safe
harbor provisions of the Digital Millennium Copyright Act,17
U.S.C. § 512(c). We may also make a
good faith attempt to contact the person who submitted the affected material so
that they may make a counter-notification.
If you believe that you or someone else’s
copyright has been infringed by MaxiMedia LLC or User
Content provided on this Site, you (or the owner or rights holder,
collectively, “Rights Holder”) should send notification to our Designated Agent
immediately. Prior to sending us notice, the Rights Holder may wish to consult
a lawyer to determine their rights and legal obligations under the DMCA and any
other applicable laws. Nothing here or anywhere on this Site is intended as a
substitute for qualified legal advice. To file a Notice of Infringing Material,
we ask that the Rights Holder provide the following information:
Notice may be sent to:
By e-mail: info@MaxiMediaInternational.com
b. Counter-Notification
If material that you
have posted to our Site has been taken down, you may file a
counter-notification that contains the following details:
c. Notice may be sent
to:
By e-mail: info@MaxiMediaInternational.com
You also acknowledge and agree that upon receipt
of a notice of a claim of copyright infringement, we may temporarily or
permanently remove the identified materials from our site without liability to
you or any other party.
d. Submission of Ideas
Our Site may include a
platform through which users may submit ideas to use for new products, services
and/or related features (each, an “Idea”). By submitting an idea to MaxiMedia LLC, you agree to the following unless we have
mutually agreed in writing otherwise:
7. Data Stored on Our
Servers
Subject to our Privacy
Policy (http://MaxiMediaInternational.com/ Terms-Of-Service-and-Privacy-Policy.html), you agree that we have
no responsibility or liability for the deletion or failure to store any content
maintained or transmitted on or through this Site. You acknowledge that we
reserve the right to remove or terminate accounts which have not paid a
subscription fee, that remain inactive for longer than 1 year, or in cases
where you have violated one or more terms of this Agreement.
8. Privacy &
Security
a. Login Required
In order to access some
of the Services on this site, you may be asked to set up an account and
password. Our account registration page requests certain personal information
from you (“Registration Info”). You will have the ability to maintain and
periodically update your Registration Info as you see fit. By registering, you
agree that all information provided by you as Registration Info is true and
accurate and that you will maintain and update this information as required in
order to keep it current, complete and accurate.
b. Passwords &
Security
If you register for an
account on the Site, you agree that you are responsible for maintaining the
security and confidentiality of your password, and that you are fully
responsible for all activities or charges that are incurred under your account.
Therefore, you must take reasonable steps to ensure that others do not gain
access to your password and account. Our employees will never ask you for your
password.
c. Disclosure to Third
Party Affiliates
Subject to our Privacy
Policy (http://MaxiMediaInternational.com/ Terms-Of-Service-and-Privacy-Policy.html), you hereby grant us the
right to disclose to third parties certain Registration Info about you.
[Optional: The information we obtain through your use of this site,
including your Registration Info, is subject to our Privacy Policy, which is
specifically incorporated by reference into these Terms of Use.]
d. Non-Transferability
of User Account
User Accounts are
non-transferable, and all users are obligated to take preventative measures to
prohibit unauthorized users from accessing the Web Site with his or her
password. You may not assign these Terms, in whole or in part, or delegate any
of your responsibilities hereunder to any third party. Any such attempted
assignment or delegation will not be recognized by MaxiMedia
LLC unless acknowledge by MaxiMedia LLC in writing. MaxiMedia LLC has no obligation to provide you with written
acknowledgment. MaxiMedia LLC may, at any time and in
its sole discretion, assign these Terms, in whole or in part, or delegate any
of our rights and responsibilities under these Terms to any third party or
entity.
9. Disclaimer
ALL CONTENT AND SERVICES ON THIS SITE ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO
WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE
CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES
OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY
CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR
AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR
DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER
MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE
CONTENT AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR
PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT
TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE SERVICES OR THE DOWNLOADING OR
OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES.
Through your use of the
Site, you may have the opportunities to engage in commercial transactions with
other users and vendors. You acknowledge that all transactions relating to any
products or services provided by any third party, including, but not limited to
the purchase terms, payment terms, warranties, guarantees relating to such
transactions, are solely between the seller of such merchandise and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU
UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN
RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT
AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH
THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.
WE RESERVE THE SOLE
RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY SERVICES OR
FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS
MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES
THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS SITE SHALL ALSO BE
SUBJECT TO THESE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
10. Limitation of
Liability & Indemnification
IMPORTANT: LIABILITY
LIMITATION; EXCLUSIVE REMEDY. INCLUDING MAXIMEDIA LLC, CITY GROUP PROPERTIES,
JACQUES HANMER LLC, JACQUES HANMER
IN NO EVENT WILL MAXIMEDIA LLC, CITY GROUP
PROPERTIES, JACQUES HANMER LLC, JACQUES HANMER, AND/OR ITS
AGENTS/REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION
ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING
OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE
SITE OR SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR
EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF
ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS
AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A)
BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, (D) ERRORS AND
OMMISSIONS, (E) DECEPTIVE TRADE PRACTICES(DTPA) AND/OR (F) ANY OTHER CAUSE OF
ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY
APPLICABLE LAW. Waiver of Consumer Rights (DTPA Waiver).
YOU HEREBY WAIVE YOUR RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES-CONSUMER
PROTECTION ACT, SECTION 17.41 ET SEQ., BUSINESS &
COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. IF
YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, OR YOU HAVE ANY
DISPUTE OR CLAIM AGAINST MAXIMEDIA LLC, CITY GROUP PROPERTIES, JACQUES HANMER
LLC, JACQUES HANMER, AND/OR ITS AGENTS AND/OR ASSOCIATES WITH RESPECT TO THESE
TERMS OF SERVICE OR THE USE OF THE SITE OR SERVICES, THEN YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SERVICES.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON
ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR
THIRD PARTY PROMISES REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN
CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE,
INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
You agree to defend, indemnify, and hold harmless MaxiMedia LLC and our Affiliates against all demands, claims, actions, proceedings, damages,
liabilities, losses, fees, costs or expenses (including without limitation
reasonable attorneys’ fees and the costs of any investigation) directly or
indirectly arising from or in any way connected with: (1) use of or
reliance on information or data supplied or to be supplied by You; (2) any
breach of or default under the terms or conditions of this Agreement by
You; (3) the wrongful use or
possession of any MaxiMedia LLC Property by You; (4)
any negligence, gross negligence or willful misconduct by You or your employees
or agents; and/or (5) any disputes between (i) You
and other Users (ii) You and your client(s) and/or (iii) your clients.
11. Termination of Use
a. Grounds for
Termination
You agree that we may,
at our sole discretion, terminate or suspend your access to all or part of the
Site with or without notice and for any reason, including, without limitation,
breach of these Terms. Any suspected fraudulent, abusive or illegal activity
may be grounds for barring your access to this Site, and reporting you to the
proper authorities, if necessary.
b. No Right to Services Upon Termination
Upon termination and
regardless of the reason(s) motivating such termination, your right to use the
Services available on this Site will immediately cease. We shall not be liable
to you or any third party for any claims for damages arising out of any
termination or suspension or any other actions taken by us in connection
therewith. Sections 1 and 3-11 of these Terms, as well as your liability for
any unpaid fees, shall survive any termination.
c. How to Terminate or
Make Adjustments
If you, for any reason,
would like to terminate your access to our Site or make adjustments, MaxiMedia LLC require written notice at least 30 days
before your next billing date.
d. No Termination by
Third Party Users
MaxiMedia
LLC has limited access to subscriptions not directly purchased from us. Any user who has been given access to our Site by any party
other than MaxiMedia LLC, must contact the party who
originally provided access to our Site for any inquiries related to termination.
12. Miscellaneous
Provisions
a. Privacy
Personally identifiable
information or aggregate information that you provide will be handled in
accordance with MaxiMedia LLC’s Privacy Policy (http://MaxiMediaInternational.com/
Terms-Of-Service-and-Privacy-Policy.html).
When you provide access
to our Site to any other parties, i.e. your client(s), you must implement and
enforce your own Privacy Policy, providing the level of protection at least
equal to that provided to you by MaxiMedia LLC. You
must obtain consent from your client(s), affirmatively acknowledging that your
client(s) agree(s) to be bound by your privacy policy.
b. International Use
Although this Site may
be accessible worldwide, we make no representation that materials on this Site
are appropriate or available for use in locations outside the United States.
Those who choose to access this Site from other locations do so on their own
initiative and at their own risk. If you choose to access this Site from
outside the United States, you are responsible for compliance with local laws
in your jurisdiction, including but not limited to, the taxation of products
purchased over the Internet. Any offer for any product, Services, and/or
information made in connection with this Site is void where prohibited.
c. Governing Law
This Site (excluding any
Third Party websites) is controlled by us from our offices in Texas, and the
statutes and laws of Texas shall be controlling, without regard to the
conflicts of laws principles thereof. You agree and hereby submit to the
exclusive personal jurisdiction and venue to Dallas, Texas or appropriate
federal/state court of Texas with respect to such matters controlled by that
court.
d. How to Send Notices
to MaxiMedia LLC
All notices to a party
shall be in writing and shall be made via email. Notices to us must be sent to
the attention of Customer Service at info@MaxiMediaInternational.com.
You agree to allow us to submit notices to you either through the email address
provided, or to the address we have on record. Any notices or communication
under these Terms will be deemed delivered to the party receiving such
communication (1) on the delivery date if delivered personally to the party;
(2) two business days after deposit with a commercial overnight carrier, with
written verification of receipt; (3) five business days after the mailing date,
if sent by U.S. mail, return receipt requested; or (4) on the delivery date if
transmitted by confirmed email.
e. Force Majeure
In addition to any
excuse provided by applicable law, we shall be excused from liability for
non-delivery or delay in delivery of products and Services available through
our Site arising from any event beyond our reasonable control, whether or not
foreseeable by either party, including but not limited to: labor disturbance,
war, fire, accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events beyond our
reasonable control, whether or not similar to those which are enumerated above.
f. Savings Clause
If any part of these
Terms is held invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in
full force and effect.
g. No Waiver
Any failure by us to
enforce or exercise any provision of these Terms or related rights shall not
constitute a waiver of that right or provision.
h. Entire Agreement
These terms and
conditions constitute the entire agreement and understanding between the parties
concerning the subject matter hereof and supersedes all prior agreements and
understandings of the parties with respect thereto. These Terms may NOT be
altered, supplemented, or amended by the use of any other document(s). To the
extent that anything in or associated with this Site is in conflict or
inconsistent with these Terms, these Terms shall take precedence.
Updated: July
28, 2023
_________________________________________________________________________
Privacy
Policy
MaxiMedia
LLC (referred to as “Company,” “us” or “we”) recognizes that your privacy is
important.
This Policy discloses the
privacy practices for Transactions.Team, TopRatedHomePros.com,
and app.TopRatedHomePros.com websites (the “Site”), as well as related products
and services we may offer to you (the “Service”). This Policy also covers how
personal and other information that we receive or collect about you and your
clients (“Clients”) is treated. Please read the information below to learn the
following regarding your use of this Site.
We reserve the right to
change this Privacy Policy from time to time. We will notify you about
significant changes in the way we treat personal information by sending a
notice to the primary email address specified in your account, by placing a
prominent notice on our site, and by updating any privacy information on this
page. Your continued use of the Site and/or Services available through this
Site after such modifications will constitute your (a) acknowledgment of the
modified Policy; and (b) your agreement to abide and be bound by that Policy.
IMPORTANT: BY USING THE
SITE AND/OR OFFERINGS AVAILABLE ON THIS SITE, YOU GIVE YOUR CONSENT THAT ALL
PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE
PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO
NOT USE THE SITE.
1. Types of Information
We Collect
In order to better
provide you with our Service, we collect two types of information about our
users: Personally Identifiable Information (“PII”) and Aggregate Information.
Personally Identifiable
Information: This refers to information that lets us know the specifics of who
you are. When you engage in certain activities on this Site, such as registering
for an account, downloading or purchasing a product or service, submitting
content and/or posting content in a public forum on this Site, or sending us
feedback, we may ask you to provide certain information about yourself.
Examples of PII may
include your first and last name, email address, mailing address (including zip
code), employer, job title and department, telephone and facsimile numbers, and
other identifying information. When ordering products or services on the Site,
you may be asked to provide a credit card number.
Aggregate Information:
This refers to information that does not by itself identify a specific
individual. We gather certain information about you based upon where you visit
on our Site and what other sites may have directed you to us. This information,
which is collected in a variety of different ways, is compiled and analyzed on
both a personal and an aggregated basis. This information may include the
Website’s Uniform Resource Locator (“URL”) that points to the site you just
came from, which URL you go to after visiting our Site, what browser you are
using, and your Internet Protocol (“IP”) address.
2. How We Collect and Use
Information
MaxiMedia
LLC do not collect any PII about you unless you
voluntarily provide it to us. However, you may be required to provide certain
PII to us when you elect to use certain products or services available on the
Site. These may include: (a) registering for an account on our Site; (b)
uploading individual transaction data obtained from your third-party invoicing
or accounting applications (for example, “QuickBooks,” “Xero,”
“Clio” etc.), (c) uploading user generated content and other information
uploaded to the Site (d)sending us an email message; (e) submitting a form or
transmitting other information by telephone or letter; or (e) submitting your
credit card or other payment information when ordering and purchasing products
and services on our Site.
We will primarily use
your PII to provide product or service offerings to you. We will also use
certain forms of PII to enhance the operation of our Site, improve our internal
marketing and promotional efforts, statistically analyze Site use, improve our
product and service offerings, and customize our Site’s content, layout, and
services. We may use certain information about you without identifying you as
an individual to third parties. We do this for purposes such as analyzing how
the Service is used, diagnosing service or technical problems, maintaining
security, and personalizing content. We may also use PII to deliver information
to you and to contact you regarding administrative notices. Finally, we may use
your PII to resolve disputes, troubleshoot problems and enforce our agreements
with you, including our Site Terms of Use, and this Privacy Policy.
We may also collect or
our third party advertising partners may collect, certain Aggregate
Information. For example, we may use your IP address to diagnose problems with
our servers, software, to administer our Site and to gather demographic information.
Our third party advertising partners may also provide us with aggregate, but
not individual, reports that will tell us how many ads were presented and
clicked upon at out Site.
3. Cookies
Depending on how you use
our Site, we will store cookies on your computer in order to collect certain
aggregate data about our users and to customize certain aspects of your
specific user experience. A cookie is a small data text file which is stored on
your computer that uniquely identifies your browser. Cookies may also include
more personalized information, such as your IP address, browser type, the
server your computer is logged onto, the area code and zip code associated with
your server, and your first name to welcome you back to our Site. We may use
cookies to perform tasks such as: monitoring aggregate site usage metrics,
storing and remembering your passwords (if you allow us to do so), storing
account and advertising preferences that you have set, and personalizing the
Services we make available to you. However, we do not use cookies to track your
browsing behaviors.
Most browsers are
initially set up to accept cookies, but you can reset your browser to refuse
all cookies or to indicate when a cookie is being sent. However, some aspects
of the Site may not function properly if you elect to disable cookies.
4. Release of Information
MaxiMedia
LLC will not sell, trade, or rent your PII to others. We do provide some of our
product and service offerings through contractual arrangements made with
affiliates, service providers, partners and other third parties (“Service
Partners”). We and our Service Partners may need to use some PII in order to
perform tasks between our respective sites, or to deliver products or services
to you. For example, we must release your credit card information to the
card-issuing bank to confirm payment for products and services purchased on
this Site; release your address information to the delivery service to deliver
products that you ordered; and provide order information to third parties that
help us provide customer service.
We will encourage our
Service Partners to adopt and promote strong privacy policies. However, the use
of your PII by our Service Partners is governed the respective privacy policies
of those providers, and is not subject to our control. Except as otherwise
discussed in this Privacy Policy, this document only addresses the use and
disclosure of information we collect from you. Other Sites accessible through
this Site, including our Advertising and Service Partners, have their own
privacy policies and data collection, use and disclosure practices. Please
consult each Site’s privacy policy. We are not responsible for the policies or
practices of third parties.
Occasionally we may be
required by law enforcement or judicial authorities to provide PII to the
appropriate governmental authorities. In such cases, we will disclose PII upon
receipt of a court order, subpoena, or to cooperate with a law enforcement
investigation. We fully cooperate with law enforcement agencies in identifying
those who use our services for illegal activities. We reserve the right to
report to law enforcement agencies any activities that we in good faith believe
to be unlawful.
We may also provide
Aggregate Information about our customers’ sales, traffic patterns, and related
Site information to third party advertisers, but these statistics do not
include any Personally Identifiable Information.
5. Updating and
Correcting Information
We believe you should
have the ability to access and edit the PII that you have provided to us. You
may change any of your PII in your account online at any time by linking to
your account in accordance with instructions posted elsewhere on this Site.
We encourage you to
promptly update your PII if it changes. You may ask to have the information on
your account deleted or removed; however, some information, such as past
transactions, logs of technical support calls, or other information may not be
deleted. In addition, it may be impossible to completely delete your information
without some residual information because of backups.
6. User Choices on
Collection and Use of Information
We may, from time to
time, send you email regarding new products and services that we feel may
interest you. In addition, if you indicated upon registration that you are
interested in receiving offers or information from us and our partners, we may
occasionally call or send you direct mail about products and services that may
be of interest to you. Only MaxiMedia LLC (or agents
working on behalf of MaxiMedia LLC and under
confidentiality agreements) will send you these solicitations, and only if you
have previously indicated that you wish to receive them. If you do not want to
receive solicitations from us, you can “opt-out” by accessing your account
online editing your account information to no longer receive such offers and
mailings.
You also have choices
with respect to cookies, as described above. By modifying your browser
preferences, you have the choice to accept all cookies, to be notified when a
cookie is set, or to reject all cookies. If you choose to reject all cookies
some parts of our Site may not work properly in your case.
7. Security of Your PII
At our Site you can be
assured that your PII is secure, consistent with current industry standards. We
strive to take appropriate security measures to protect against unauthorized
access to or unauthorized alteration, disclosure or destruction of your PII.
For example:
• We work hard to
ensure that the data we collect is reliable, accurate, complete and current. We
encrypt all PII, in order to prevent unauthorized parties from viewing such
information when it is transmitted to us. We also only keep collected
information: only for as long as reasonably necessary and use it only for the
purposes for which it was collected or to comply with any applicable legal or
ethical reporting or document retention requirements.
• We limit access
to PII only to specific employees, contractors and agents who have a reasonable
need to come into contact with your information. For example, we may provide
members of our technical support team with limited access to your account in
order to allow them to troubleshoot problems you may be having with the Site.
• Additionally, we
also employ a number of physical, electronic, and procedural safeguards to
protect PII. Our secure servers and our data centers are protected by
industry-standard encryption, and our servers reside behind firewalls and
employ high-level password protection.
• Finally, access
by you to your PII is available through a password and unique customer ID
selected by you. This password is encrypted. We recommend that you do not
divulge your password to anyone.
In order to most
effectively serve you, credit card transactions and order fulfillment are handled
by established third party banking institutions and processing agents (such as
e.g. PayPal). They receive the information needed to verify and authorize your
credit card or other payment information and to process and ship your order.
Unfortunately, no data
transmission over the Internet or any wireless network can be guaranteed to be
100% secure. As a result, while we strive to protect your PII, you acknowledge
that: (a) there are security and privacy limitations inherent to the Internet
which are beyond our control; and (b) the security,
integrity and privacy of any and all information and data exchanged between you
and us through this Site cannot be guaranteed. As we have no control or ability
to monitor the security of your device, you should take measures reasonably
available to secure your device.
In the event that PII is
compromised as a result of a breach of security, MaxiMedia
LLC will promptly notify those persons whose PII has been compromised, in
accordance with the notification procedures set forth in this Privacy Policy,
by email, or as otherwise required by applicable law. You agree to immediately
notify us and your Clients if you have experienced a breach of security on your
device which may have affected the security of our Site or Service.
8. Miscellaneous
You must be at least 18
years old to have our permission to use this Site. By agreeing to Our Policy,
you are hereby confirming that you are at least of 18 years old. Our policy is
that we do not knowingly collect, use or disclose PII about minor visitors.
You should also be aware
that when Personally Identifiable Information is voluntarily disclosed (i.e.
your name, email address, etc.) in the discussion forums or other public areas
on this Site, that information, along with any information disclosed in your
communication, can be collected and used by third parties and may result in
unsolicited messages (including unwanted spam messages) from third parties.
Such activities are beyond our control and this Policy does not apply to such information.
Please consult our Site Terms and Conditions of Use Agreement for our Site
Conduct policies.
If you have any
questions, concerns or inquiries about our Privacy Policy, or our use of your
PII, or our privacy practices, please contact us at: info@MaxiMediaInternational.com.
You can also reach our Privacy Compliance Officer by sending written
correspondence to:
MaxiMedia
LLC
Email: info@MaxiMediaInternational.com
Attn: Privacy Compliance
Officer
9. GDPR: European or UK
data subjects
Our clients use the MaxiMedia software to collect and process the personal data
of individuals, which may include individuals in the EU and/or the UK. In
particular, they use the software to manage their marketing lists and
campaigns, which includes the processing of the personal data of their
customers.
For the purposes of the
GDPR (and the UK GDPR) MaxiMedia acts as a processor
of the personal data of data subjects. The controller of the data subjects’
personal data is either our client, or the customers of our client.
We only process such
personal data in accordance with the instructions of our client and in
compliance with our obligations as a processor. We ensure that a data
processing agreement is entered into between us and our client in order to
ensure that appropriate safeguards are in place.
Updated:
July 28, 2023