This Agreement governs your use of this web site and its associated services (the "Web Service"), including interactive chat and forum discussion areas, announcements and applications (the "Interactive Areas"), which are owned and operated by MaxQV, LLC and its subsidiaries, affiliates, divisions and related companies ("MaxQV"). “MaxQVirtual” "MaxQV" “MaxQGroup” “MaxQWebsites” "1stAnnounce.com" “DriveItUSA.com” “EmployOmaha.com” “TVRemembers.net” are service marks of MaxQV, LLC. “Users” refers to any individual or entity using any aspect of the Web Service.
MaxQV reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by MaxQV as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.
Use of Content
You acknowledge that the Web Service contains information, text, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of MaxQV or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Service. Users of the Web Service may use the Content only for their personal, noncommercial use. Users of the Web Service wanting to use the Content for commercial use must obtain prior express written permission of MaxQV.
Participating advertisers (“Advertisers”) hereby grant to MaxQV a non-exclusive, non-transferable license during the term of this Agreement to use, copy and publicly display on the Web Service any logos or trademarked materials you specifically provide to MaxQV for use in providing the service.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Software may not be reverse-engineered unless specifically authorized by the owner of the software’s patent and or copyright. Subject to the provisions of this Agreement, you may post on the Web Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner, and Content in the public domain. You assume all right and responsibility for determining whether any Content is in the public domain. You grant to MaxQV the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Web Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
You may not download Content on this web site. Such Content is the protected and copyrightable property of MaxQV. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of MaxQV or the owners of such Content or their authorized persons if other than MaxQV.
Rules of Conduct
You shall not post on the Web Service any Content which (a) is libelous, discriminatory, hateful, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as Content which infringes on or misappropriates any other intellectual property rights or any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation; (e) trade secrets without permission to post them; (f) words embedded in a document or hidden from the User or; (g) anything that is embarrassing or offensive to another person or entity. You may not post on the Web Service any links to any external Internet sites that are obscene or pornographic.
You shall not use the Web Service for any commercial purpose not expressly approved by MaxQV, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit Users to join competitive online services. You may not respond to Content in any manner or for any purpose other than expected (for example: to sell to Users or initiate discussions with Users about subject matter not related to the Content you are responding to). You may not send unsolicited commercial email to Users.
All Program Elements, excluding data entered in connection with Content ("Data"), are copyright MaxQV. All rights reserved. Other product and company names mentioned herein or within the Web Service, may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of MaxQV or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content posted at the Web Service or otherwise owned by MaxQV or respective owners.
Users shall not serve: (i) Content from, any website or webpage that: (a) is under construction, incomplete or non-functioning; (b) displays material that infringes or misappropriates the rights, including copyright, of others; (c) pornographic, obscene, defamatory, violent, or hate-oriented material; (d) software that can trigger pop-ups, redirect users to unwanted websites, promote spam, modify browser settings, or otherwise interfere with site navigation; or (e) Content in violation of any applicable law, or promotes any illegal goods, services or activities.
If you are permitted private access to posting Content, you are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Web Service, you risk losing access to the Web Service. You agree to notify MaxQV immediately of any unauthorized use of your registration and password.
You may not delete or revise any material posted by any other person or entity. It shall be expressly prohibited for any third party to "scrape" or otherwise copy or utilize any Data or other information regarding any Announcement (including, without limitation, for marketing purposes).
MaxQV may, in its sole discretion, remove or cancel any Content for any reason whatsoever and reserves the right in its sole discretion to determine whether to exclude certain Content from the search results provided. For questions please email email@example.com.
The Web Service is provided on an as-is basis, without any warranties of any kind, either express or implied. MaxQV expressly disclaims any representation or warranty that the Web Service will be error-free, secure or uninterrupted, or as to the results that you may achieve by posting Content. The Web Service may be unavailable from time to time for routine maintenance or other reasons. You hereby release MaxQV from any and all liabilities arising out of your use of the Web Service.
MaxQV does not and cannot review the Content posted by users on the Web Service and is not responsible for such Content. MaxQV is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. However, MaxQV reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. MaxQV shall have the right but not the obligation, to correct any
errors or omissions in any Content, as it may determine in its sole discretion.
MaxQV does not represent or endorse the accuracy or reliability of any Content posted and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of MaxQV or its Advertisers or sponsors.
Third Party Content
Links to External Sites
The Web Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that MaxQV is providing these links to you only as a convenience, and further acknowledge that MaxQV is not responsible for the availability of, or the Content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the Content located on such External Sites.
You agree to indemnify, defend and hold MaxQV and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "MaxQV Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any MaxQV Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. MaxQV reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in
such case, you agree to cooperate with MaxQV’s defense of such claim.
Termination of Service
MaxQV reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Service, including the Interactive Areas, at any time for any reason without prior notice or liability. MaxQV may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
Copyright and Trademark Notices
All Program Elements, excluding data entered in connection with an Announcement ("Data"), are copyright MaxQV. All rights reserved. “MaxQV” "1stAnnounce" “MaxQWebsites” are service marks of Max Q Websites. Other product and company names mentioned herein or within the Program Elements, may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of MaxQV or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content posted at the Web site or otherwise owned by MaxQV or any of its licensors. This Agreement shall not be deemed to transfer from MaxQV to you (a) any of MaxQV or its licensors' intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by MaxQV, or (b) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement. MaxQV shall be permitted to use any Data (including e-mail addresses) to promote its business and/or otherwise carry out its business.
Disclaimers and Limitations
MAXQV' PROVISION OF THE PROGRAM AND PROGRAM ELEMENTS (THE 'SERVICE') IS PROVIDED ON AN "AS IS, WHERE IS AND AS AVAILABLE" BASIS. MAXQV EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE PROGRAM AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN THE PROGRAM, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE PROGRAM OR ANY OF MAXQV'S OTHER SERVICES. MAXQV MAKES NO WARRANTY THE SERVICE WILL MEET USER'S REQUIREMENTS; THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND ANY ERRORS IN THE SERVICE WILL BE CORRECTED. USE OF THE PROGRAM AND/OR MAXQGROUP' SERVICES IS AT YOUR OWN RISK. MAXQV IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM AND/OR MAXQV'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE PROGRAM, OR OTHERWISE ARISING OUT OF THE USE OF THE PROGRAM, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAXQV HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL MAXQV'S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES THEN DUE TO USER HOME AS DETERMINED PURSUANT TO THESE TERMS AND CONDITIONS.
While it is MaxQV's objective to make the Program accessible 24 hours per day, 7 days per week, 365 days per year, the Program may be unavailable from time to time for any reason including, without limitation, routine maintenance. User understands and acknowledges that due to circumstances both within and outside of the control of MaxQV, access to the Program may be interrupted, suspended or terminated from time to time. MaxQV SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION OR SUSPENSION OF THE PROGRAM.
These Terms and Conditions and any dispute arising from participation in the Program shall be governed according to the laws of the State of Nebraska. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MaxQV, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Douglas County, Nebraska. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.
MaxQV, LLC's contact information, should you need to contact MaxQV, LLC for any reason, is: Ben Johnson firstname.lastname@example.org