Effective Date: December 1, 2015
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THESE TERMS. FURTHER, IF YOU ENROLL IN OR USE OUR CREDIT MONITORING SERVICE AND/OR ANY OF OUR PROTECTION PROGRAMS, YOU ALSO REPRESENT AND WARRANT THAT YOU ARE A U.S. RESIDENT, THAT YOU HAVE PROVIDED US YOUR VALID U.S. SOCIAL SECURITY NUMBER, AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL AND BUSINESS ACCOUNTS THAT ARE DIRECTLY ASSOCIATED WITH YOUR VALID U.S. SOCIAL SECURITY NUMBER.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ENROLL OR REGISTER FOR ANY OF THE SERVICES OR OTHERWISE USE THE SERVICES. UNLESS YOU CONTACT US WITHIN FIFTEEN (15) DAYS OF RECEIVING YOUR WELCOME EMAIL OR, IF YOU DO NOT RECEIVE A WELCOME EMAIL BECAUSE YOU DO NOT HAVE AN EMAIL ADDRESS, WITHIN FIFTEEN (15) DAYS OF RECEIVING YOUR WELCOME KIT YOUR ENROLLMENT WILL INCLUDE USE OF THE INSURANCE.
YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY UNTIL CANCELLED BY YOU. THE RENEWAL FEE AND MANNER OF RENEWAL PAYMENT IS SET FORTH IN THE TERMS OF YOUR OFFER AND IS SUBJECT TO CHANGE. THE MEMBERSHIP FEE IS THAT SET FORTH IN THE TERMS OF YOUR OFFER. IF YOU HAVE ENROLLED IN THE SERVICES DIRECTLY WITH MAX ENTERPRISES, INC., TO TERMINATE YOUR ENROLLMENT IN OR USE OF THE PROTECTION PROGRAMS AND/OR THE CREDIT MONITORING SERVICE, YOU MUST LOG IN TO YOUR PORTAL AND SELECT DEACTIVATE SERVICES UNDER THE "MY ACCOUNT" TAB.
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. WE MAY CHANGE, UPDATE, ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING THOSE CHANGES ON OUR SITE. YOUR CONTINUED USE OF THE SERVICES AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE UPDATED SERVICES TERMS YOU MUST STOP USING THE SERVICES AND CANCEL YOUR ENROLLMENT.
You may enroll your minor child if you are his or her parent or legal guardian. We may require you to providedocumentation to us, in our sole discretion, to prove your relationship with any such minor child. You acknowledge that these Terms will apply to your minor child, and you hereby expressly accept these Terms on behalf of your minor child.
Registration and Enrollment
Users may register for our services at our site, by any other method we expressly permit, or by a third party who is authorized to provide your Personal Information to enroll you on your behalf (collectively, the "Registration Process"). In order to enroll in, register for and receive one or more Services, you must provide us with the full and accurate Personal Information that we require for the applicable Services, which may include without limitation your name, address, telephone number, email address, date of birth, driver's license number, Social Security number, and other personal information to verify your identity, as well as financial information such as your credit card number (collectively, "Personal Information"). You agree to keep all Personal Information updated and accurate. In the event we do not receive all the required Personal Information during your Enrollment Process, you agree that we may, in our sole discretion, use our data base, the data base of our affiliates, or other resources to attempt to complete the required Personal Information on your behalf. If we are unable to obtain the required Personal Information or you fail to authenticate your identity as may be required, the Services for which you have enrolled or registered from us may be limited.
Upon completion of the Enrollment Process, and payment to us of any fees owed, you will become eligible to receive the Services for which you have enrolled or registered. YOU UNDERSTAND AND AGREE THAT THE SERVICES SHALL NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER REPORTING AGENCIES. YOU UNDERSTAND THAT WE MONITOR YOUR PERSONAL INFORMATION WITHIN OUR NETWORK USING CERTAIN PROPRIETARY TECHNOLOGIES AND DATABASE INFORMATION OWNED BY OR UNDER LICENSE TO US, BUT NOT ALL TRANSACTIONS, INCLUDING THOSE THAT MIGHT ENTAIL THE POTENTIALLY FRAUDULENT USE OF A CUSTOMER'S INFORMATION, MAY BE MONITORED AND THE SCOPE OF THE NETWORK UTILIZED BY US TO PROVIDE ALERTS MAY CHANGE. YOU ALSO UNDERSTAND AND AGREE THAT IT MAY TAKE UP TO FOUR (4) WEEKS FROM THE DATE YOU ACCEPT THESE TERMS AND COMPLETE THE ENROLLMENT PROCESS FOR ALL OF THE SERVICES TO BE FULLY ACTIVATED.
Changes and Updates
We reserve the right to change, modify, add, or discontinue, any Service and/or any aspect or feature of a Service at any time. We shall provide notice of changes to products and services by posting them on the web site. We have no obligation to provide you with direct notice of any such changes in any other manner. If any change(s) involve the payment of additional fees, we will provide you with the opportunity to approve such fees. If you fail or refuse to approve such fees, we may, in our sole discretion, terminate your current enrollment or use, continue to support your current Service(s) without the change, or replace your Service(s) with other Service(s). If we terminate your current enrollment in or use of any Service(s) on account of your failure or refusal to approve such fees, then we shall refund, on a pro-rata basis based on the remaining term of the current enrollment period. If we update any Service without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the Service.
Personally Identifiable Information
You may be eligible to use the transaction monitoring feature ("Transaction Monitoring") of our Services. To sign up for Transaction Monitoring, you must provide Max Enterprises Inc. and its vendors, as required, with the account credentials ("Account Credentials") for your eligible financial account(s). Eligible financial accounts include accounts such as credit card accounts, checking and savings accounts and investment accounts at participating third party institutions. You must also authorize Max Enterprises, Inc. to use your Account Credentials to directly access your account data at these third-party companies (“Account Information”). By using the Transaction Monitoring feature and providing us your Account Credentials, you are expressly authorizing Max Enterprises, Inc. to access your Account Information on your behalf. You hereby grant Max Enterprises, Inc. a non-exclusive, royalty-free, fully paid-up, license to use your Account Information in order to provide our Services to you, and to prepare aggregated and anonymous data derived from your Account Information for our own internal use. If any of your Account Credentials change, you are responsible for providing updated Account Credentials to Max Enterprises, Inc.; if you do not, we will not be able to access your Account Information to provide alerts or notifications for any account for which we do not have your current Account Credentials.Transaction Monitoring alertsare only available for certain types of transactions. Max Enterprises, Inc. may add, remove, or otherwise change, the types of transactions for which it will provide alerts at any time and without advance notice to you. Transaction Monitoring and alerts may not be available for all of your accounts, and the scope of Transaction Monitoring and alerts may vary based on the particular financial institution or credit card account.
YOU ACKNOWLEDGE AND AGREE THAT WHEN MAX ENTERPRISES, INC. IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, MAX ENTERPRISES, INC. IS ACTING AS YOUR AGENT FOR THE SOLE AND LIMITED PURPOSE OF OBTAINING YOUR ACCOUNT INFORMATION TO PROVIDE THE SERVICES TO YOU. IF YOU SIGN UP TO RECEIVE TRANSACTION MONITORING ALERTS ON YOUR MOBILE DEVICE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER MAX ENTERPRISES, INC, ITS VENDORS, NOR ITS SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. OR RECOMMEDATIONS, RELATED TO TRANSACTION ALERTS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY BASED ON YOUR RELIANCE ON OR USE OF ANY INFORMATION CONTAINED IN ANY ALERT OR DUE TO A FAILURE TO SEND OR RECEIVE AN ALERT.
Credit Reports and Scores
Fees and Payments
Enrollment in Max Enterprises Inc.’s Services require payment by or on behalf of you, via a valid credit or debit card or other payment method, to us. By providing such payment information to us or permitting such to be provided on your behalf, you represent that you an authorized user of the payment method presented. You authorize and agree to make any required payments for the Services on a timely basis. In the case of any credit or debit card payment presented for payment by you, you authorize us to: (a) submit a transaction using the card information provided to us; (b) submit automatic recurring transactions, including those on a monthly or annual basis for membership renewals; and (c) obtain automatic updates for cards provided to us. You may cancel your membership at any time through your member portal. You further acknowledge and agree that, subject to our then current member authentication procedures, another adult member enrolled on your account may authorize changes to the account, including without limitation to the form of payment, or to the Services including termination of membership or changes that may result in additional charges. In all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services unless noted otherwise and we may collect all applicable sales taxes.
To access the Services via our online member portal, or App,Users must have a valid user name and password, which Users will establish when registering for the applicable Service(s). You are responsible for maintaining the confidentiality of any password associated with your use of the Services and the App, as well as any activity within the App and Services using your password(s).
Term and Termination
Services will be rendered for the term specified at registration, and will continue and will automatically renew until terminated by you or us, in accordance with the below. We may terminate Service at any time upon notice to you, with or without cause. Unless terminated by you, your enrollment in the Services shall automatically continue indefinitely, and you shall pay (or cause to be paid) corresponding fees as published by us from time to time. Where authorized by you during the Registration Process or later, we will automatically charge your designated payment method upon renewal, unless you first terminate your use of the Services prior to the expiration of the then-current membership term.
Scans, if applicable, accrue at a rate of one scan, per type of scan as applicable, per month. Users paying annually will have access to twelve scans of each type, as applicable, upon payment of the annual fee, and may run the scans at any time. Users paying monthly will have access to one scan of each type, upon payment of each monthly fee. Users paying monthly who do not use their scans each month will bank scans until a maximum of 12 scans, of each type if applicable, are accrued in their account. At no time will any user, regardless of the method and frequency of payment, accrue more than 12 of any one type of scan. Unused scans have no monetary value and will be void upon termination of the Service by User.
Changes to Service Levels
Users may upgrade service at any time. Users will be billed the pro-rated monthly or annual fee, as selected by the User, for the new service level from the date of the upgrade until the next billing period. All payments after that date will be based on the then-current fee for the upgraded service.
Users wishing to remove services must deactivate services by going to the My Account tab in their portal and selecting Deactivate Services. Once the current Service is deactivated, User may then purchase a new level of service.
Users Registering Through the Website Directly
We may terminate Service at any time upon notice to you, with or without cause. If we terminate Servicewithout cause, we will promptly refund a pro-rata portion of any fees already paid directly to us by you for the Services that have yet to be provided.
You may terminate Service at any time upon notice to us. If you terminate Service, your Service will be terminated effective at the next renewal. To terminate your enrollment you must login to your member portal and deactivate services.
UsersEnrolled in the Services Through a Third Party
We may terminate Service at any time upon notice to you, with or without cause. If you have enrolled in or obtained your membership to the Service(s) through a third party, and you wish to terminate Service, you must notify that third party of your intent to terminate your use of the Service(s); we will terminate your use of the Services and these Terms upon notice to us given by such third party. If you are enrolled in any Services through a third party, you will not be entitled to any refund of fees from Max Enterprises, Inc.; we shall have no obligation to, and shall not, refund any fees paid by you to a third party.
Ownership of Intellectual Property Rights
We retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Services, our App (including any and all Data) as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services and our App. Further, your use of or access to our Site and to any content, materials, data or information available on or via our Site, is subject to the Max Enterprises, Inc. Intellectual Property Statement, including its applicable provisions on intellectual property, feedback, submissions, and proprietary rights.
Local Laws; Export Control
Max Enterprises, Inc. controls and operates the App and Services from our headquarters in the United States of America. The content and features may not be appropriate or available for use in other countries or territories. If you use the App or Services outside the United States of America, you are responsible for following applicable local laws. By using the App or Services, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Disclaimer of Warranties
UNLESS OTHERWISE EXPLICITLY STATED, MAX ENTERPRISES, INC., FOR ITSELF AND ITS LICENSORS AND VENDORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. MAX ENTERPRISES, INC. DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAX ENTERPRISES, INC., OUR AFFILIATES, VENDORS, OUR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS IS LIMITED TO THE LESSER OF (a) ONE THOUSAND U.S. DOLLARS ($1,000) OR (b) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
These Terms and any Services provided hereunder will be governed by the laws of the Commonwealth of Virginia, without regard to any laws that would direct the choice of another state's laws and, where applicable, will be governed by the federal laws of the United States.
You will indemnify and hold Max Enterprises, Inc. (and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees, vendors and third-party partners) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or regulation, or the rights of any third party.
You understand and agree that the Fair Credit Reporting Act allows you to obtain copies of annual credit reports, for yourself and for minor children for whom you are the parent or legal guardian, without charge. You also understand and agree that your decision to pay any required payments for the Services and receive the Services under these Terms has been made by you as a convenience, and is not legally required. Further, all Customers may request that their name be removed from preapproved credit card mailing lists; to opt out of preapproved credit card offers free of charge, log on to www.optoutprescreen.com or call 1-888-5OPTOUT.
Neither these Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void. Any waiver of our rights under these Terms must be in writing, signed by Max Enterprises, Inc., and any such waiver shall not operate as a waiver of any future breach of these Terms. In the event any portion of these Terms is found to be illegal or unenforceable, such portion shall be severed from these Terms, and the remaining terms shall be separately enforced. Your use of the Services shall at all times comply with all applicable laws, rules, and regulations. These Terms, and all documents incorporated into these Terms by reference, are the entire agreement between the parties with respect to this subject matter, and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. Our failure to enforce any of these Terms is not a waiver of such term. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. These Terms are solely and exclusively between you and Max Enterprises, Inc. and you acknowledge and agree that (i) no third party, including a third-party partner of Max Enterprises, Inc. is a party to these Terms, and (ii) no third party, including any third-party partner of Max Enterprises, Inc. has any obligations or duties to you under these Terms.
Copyright © 2015 Max Enterprises, Inc., Inc.
All Rights Reserved
Effective Date: December 1,2015