Terms & Conditions

Effective Date: August 24^th, 2020

Please read these Terms and Conditions (collectively with MAX MRJ’s Privacy Notice located at https://www.maxmrj.com/privacy-policy and the “Terms and Conditions”) fully and carefully before using www.maxmrj.com or mobile apps (the “Platform”) and the services, features, content or applications offered by MAX MRJ, Inc. (“MAX”, “we”, “us” or “our”) (together with the Platform, the “Services”). These Terms and Conditions set forth the legally binding terms and conditions for your use of the Platform and the Services.

ACCEPTANCE OF TERMS.
1. By registering for and/or using the Services in any manner, including but not limited to visiting, browsing, downloading, or installing the Platform, you agree to these Terms and Conditions (including, for clarity, the Privacy Notice) and all other operating rules, policies and procedures that may be published from time-to-time on the Platform by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.
3. These Terms and Conditions apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: Except for certain types of disputes described in the Arbitration section below, you agree that disputes between you and MAX will be resolved by binding, individual arbitration, and you waive your right to participate in a class-action lawsuit or class-wide arbitration unless you opt-out of the Agreement to Arbitrate (see Section 21 "Agreement to Arbitrate") no later than 30 days after the date you first use the Platform or Services, or by May 31st, 2020, whichever is later. Unless you opt-out: (1) you will only be permitted to pursue claims against MAX on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
DISCLOSURES; DESCRIPTION OF SERVICES; LIMITATIONS
1. Platform disclosure to those seeking Providers (“Clients”): MAX is not the employer of the company, service, or person (the “Providers”) it refers to you (the “Client”) or whom you find on this Platform. Depending on the arrangement between the Providers and you, you may have employer responsibilities. The Provider may be your employee or an independent contractor depending on the relationship you have with him or her. If you direct and control the manner and means by which Providers perform work you may have employer responsibilities, including employment taxes and workers’ compensation, under state and federal law. Clients agree to abide by all applicable local, state, and federal employment and wage and hour laws and regulations. For additional information, contact your local Employment Development Department and the Internal Revenue Service.
2. Description of Services. MAX is a Platform. We offer various Services to help its users find, coordinate, and maintain quality services and products (“Provider Services”). “Provider Services” may include, without limitation: home health, hospice, home care, pharmacy services, assisted living, medical equipment, consumables, supplies, products, services in general. The Services we offer include, among others:
  1. We enable the gathering of information about providers
  2. We Validate providers are part of the Client’s network of providers
  3. We enable Clients seeking Providers to find matching providers on the Platform, and we enable Providers to update their profiles on the Platform and accept referrals from Clients.
  4. We provide search and browse functionality on the Platform to allow Clients and Providers to narrow the pool of Clients or Providers they are interested in meeting based on their requirements and preferences.
  5. We provide a communications platform to allow Clients and Providers to communicate without sharing personal contact information.
  6. We do not provide any tools to perform any or other work. Instead, we provide the Platform and information to help Clients and Providers make more informed decisions on choosing each other and coordinating what work is to be done, rate, and schedule among each other, collecting requirements with matching criteria, filtering by preferences, and a communication platform.
  7. We offer through Stripe, Inc., (“Stripe”), a third party, a service that facilitates the payment of MAX’s subscription fee by Clients and Providers via a credit card. These payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms, individuals who use the payment service also agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of MAX enabling payment processing services through Stripe, you agree to provide MAX accurate and complete information about you, and you authorize MAX to share it and transaction information related to your use of the payment processing services provided by Stripe. MAX assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
LIMITATIONS OF SERVICES
1. Accessing Our Platform: You are responsible for making all arrangements necessary for you to have Internet connectivity and access to our Platform. We reserve the right to amend, restrict or remove any portion of our Platform, as well as any products or services that we offer on our Platform, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of our Platform is unavailable at any time or for any reason.
2. We offer a variety of Services to help our users find, coordinate, and maintain products and services. However, we do not employ or control any Providers; instead, MAX is a Provider Platform. As such, except as set forth below, Clients are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax, workers’ compensation, and minimum wage laws). As a Platform, we have no control over the quality, timing, or legality of the services actually delivered by Providers, nor of the integrity, responsibility or actions of Clients or Providers and we do not recommend Clients or Providers nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Providers or the integrity, responsibility or actions of Clients or Providers whether in public, private or offline interactions. We do, however, reserve the right to refuse to continue offering Providers or Clients access to the profiles of the other or referrals for any reason or no reason at all.
3. Client and Provider content is primarily user-generated, and we do not control or vet user-generated content for accuracy. MAX does not assume any responsibility for the accuracy or reliability of any information provided by Providers or Clients on or off this Platform. In addition, ratings of Clients and Providers are solely within the control of the individual providing feedback and ratings of the rated individual. We may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to the accuracy of such information.
4. MAX is not responsible for the conduct, whether online or offline, of any Client, Provider, or other user of the Platform or Services. Moreover, MAX does not assume and expressly disclaims any liability that may result from the use of information provided on our Platform. All users, including both Clients and Providers, hereby expressly agree not to hold MAX (or its officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, or corporate partners or resellers, hereinafter "Affiliates") liable for the actions or inactions of any Client, Provider or other third party or for any information, instruction, advice or services which originated through the Platform, and, MAX and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
CLIENT’s AND PROVIDER’S REPRESENTATION AND WARRANT. By using this Platform and Services you acknowledge, represent, and warrant the following:
1. Provider shall report as income all compensation received pursuant to this Agreement and pay all state, local, or federal taxes thereon.
2. Client and Provider assume responsibility for and shall at all times comply with all applicable laws, ordinances, statutes, and rules applicable to Clients and Providers contemplated herein. Client and Provider shall be responsible for any business expenses incurred in connection with the performance of Providers, including but not limited to all costs for the purchase and maintenance of materials, supplies, equipment, tools, training, communication devices, transportation, and business permits or licenses where required by state or local law, ordinance, or regulation. The possible financial risk due to the Client’s non-payment. Provider’s management skills and performance of products and services are factors associated with financial success and are not controlled in any way by the Platform. In the event a Client fails to make payment for a portion of or all of the services rendered by Provider, Platform will have no responsibility to make up any difference in the shortfall of fees due to Provider attributable to Client's non-payment.
3. Provider shall be responsible for any damage, harm or injury to property, client, person or persons caused by Provider’s Services. Provider acknowledges he or she shall pay for any and all damages incurred to Client’s property or personal belongings.
4. HIPAA: MAX may perform or assist in performing a function or activity on Client’s or Provider’s behalf that involves the use, download, upload, transfer, and disclosure of Protected Health Information (as defined in 45 C.F.R. 164.501; hereinafter, “PHI”). The parties hereto shall use or disclose such PHI as required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Standards for Privacy of Individually Identifiable Health Information (the “Privacy Rule”) and the Standards for Security of Electronic Protected Health Information (the “Security Rule”) promulgated thereunder, and the Health Information Technology for Economic and Clinical Health Act (Division A, Title XIII and Division B, Title IV, of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) (the “HITECH Act”). Capitalized terms used but not otherwise defined in this Section shall have the same meaning given to such terms in HIPAA, the HITECH Act, or any implementing regulations promulgated thereunder, including but not limited to the Privacy Rule and the Security Rule.
5. Business Associate Agreement:
6. CCPA
  1. This applies solely to the extent that (1) MAX’s Services are not exempt from the California Consumer Privacy Act of 2018 (“CCPA”) under California Civil Code sections 1798.145(c)(1)(A) and (c)(1)(B) pertaining to medical information, PHI, providers of health care, and covered entities; (2) you are a “business” within the meaning of the CCPA; and (3) MAX is processing the personal information of California residents.
  2. For purposes of this section, “Customer Personal Information” means any “personal information” (as defined in the CCPA) contained within the data that MAX “processes” (as defined in the CCPA) in connection with performing the Service under the Agreement.
  3. MAX is a “service provider” (as such term is defined under the CCPA) under this Agreement. MAX will not “sell” (as defined in the CCPA) any Customer Personal Information. MAX will not retain, use, disclose or otherwise process Customer Personal Information for any purpose other than for performing the Services, or as otherwise permitted by the CCPA. MAX may create and derive from its provision of the Services anonymized and/or aggregated data that does not identify you or any consumer, and use, publicize or share with third parties such data to improve MAX’s products and services and for MAX’s other lawful business purposes. Client, Provider, and MAX acknowledge and agree that MAX’s access to Customer Personal Information is not part of the consideration exchanged by the parties in respect of the Agreement. MAX certifies that it understands its obligations under this section and MAX shall comply with them.
  4. Client and Provider are solely responsible for (1) identifying whether the CCPA applies to you; (2) providing any notices of Client or Provider privacy practices that CCPA may require; and (3) identifying and responding to consumer requests to exercise CCPA rights to access, delete, or opt-out of the sale of personal information (collectively, “CCPA Inquiries”), including for verifying the identity of consumers submitting CCPA Inquiries and for evaluating the scope and legality of CCPA Requests. MAX will provide reasonable assistance to you in responding to such CCPA Inquiries. MAX will treat any CCPA Inquiries that you submit to MAX as presumptively valid under the CCPA.
  5. With respect to CCPA Requests for which you require MAX to provide assistance, you shall: (a) notify MAX within 10 days of your receipt of the CCPA Inquiries by emailing info@maxmrj.com, and (b) provide MAX with the consumer’s email address or such other information that would permit MAX to meet the request. You shall be solely responsible and liable for responding to the individual’s CCPA Inquiries, including without limitation the content and timing of the response, in compliance with the CCPA. Additionally:
    1. In response to CCPA Inquiries for access to Customer Personal Information that you submit to MAX, within 10 business days of MAX’s receipt of such request from you, MAX will provide you with information that contains the Customer Personal Information that MAX has about the individual via a secure method of transfer. MAX reserves the right to withhold from any Customer Personal Information that the CCPA does not require to be provided in response to CCPA Inquiries.
    2. In response to a CCPA Inquiries for the deletion of Customer Personal Information that Client or Provider submit to MAX, except as otherwise required by applicable law or permitted by the CCPA, within 10 business days of MAX’s receipt of such request from you, MAX will delete the Customer Personal Information, to the extent MAX maintains such Customer Personal Information about the individual. Client and Provider agree that MAX may delete such Customer Personal Information by anonymizing and/or aggregating the information such that the information does not identify, and is not reasonably capable of identifying, the individual.
  6. Client and Provider agree that you will not direct or otherwise cause MAX to share any Customer Personal Information with any third party in a manner that may constitute a “sale” as such term is defined in the CCPA.
7. TCPA: Regarding compliance with the Telephone Consumer Protection Act of 1991, located at 47 U.S.C. §§ 227 et seq., including the implementing regulations therefore located at 47 C.F.R. 64.1200 et seq. (“TCPA”) and the Telemarketing Sales Rule authorized by the Telemarketing and Consumer Fraud and Abuse Prevention Act, located at 15 U.S.C. §§ 6101-6108 (“TSR”) and the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, located at 15 U.S.C §§ 7701-7713 (“CAN-SPAM Act”). As between Client, Provider, and MAX, Client and Provider agree to comply and be solely responsible for complying with all laws governing any messages sent or received in connection with Client and Provider access and use the Services, including the TCPA, TSR, and CAN-SPAM Act. Specifically, Client and Provider agree to be responsible for, without limitation, obtaining any legally required consent(s) from any and all third parties (including your patients or consumers) to send and receive any chat messages, text message and/or emails, voice calls, video calls or any other form of communication using the Services and honoring any requests revoking such consent or otherwise “opting-out” of receiving any such communications. Client and Provider agree to be liable for and to indemnify, defend and hold harmless MAX from and against any and all damages, liabilities, judgments, fees, fines, costs and expenses (including reasonable attorneys’ fees) incurred by MAX arising from any claims, demands or legal actions made against MAX resulting from your failure to comply with this section.
8. Provider consents to receive information, which may constitute Protected Health Information, about a Client in order to perform his or her services. Provider understands and agrees to comply with all applicable state and federal laws regarding the privacy and confidentiality of Client’s financial and health information. Accordingly, Provider shall treat all such information as confidential and shall use appropriate safeguards to prevent misuse or disclosure of such information to any third party, except as required by law.
9. Platform provides referrals for Provider Services. Platform allows Clients to refer to Providers
RELATIONSHIP BETWEEN THE CLIENT AND THE PROVIDER. Clients may determine to continue or terminate services with a Provider at any time for any reason, including but not limited to the following based on Provider actions: Failure to provide products or services as requested by Client and agreed-upon by Provider; Arriving later than requested by Client; Leaving earlier than requested by Client; Failing or refusing to perform agreed-upon Provider Services as requested by Client; Client accusations of theft, or other improper conduct.
NON-SOLICITATION / NON-INTERFERENCE WITH CONTRACT. By using the Platform to seek Providers Services for Clients by seeking a Provider to perform Provider Services, you agree not to interfere with the contractual relationship between MAX and the Client, or MAX and the Provider, respectively.
ELIGIBILITY TO USE PLATFORM AND SERVICES. By requesting to use, registering to use and/or using the Platform or the Services, you represent and warrant you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent, warrant, and promise the following:
1. You are at least 18 years of age. If not, do not register to use the Platform or Services.
2. If you are registering to be a Provider, you are legally permitted to operate within the United States.
3. You will abide by, and not use our Platform in any way that violates, all applicable local, state, or federal law or regulation.
4. You will not impersonate or attempt to impersonate us, our employees, another customer or user, or any other company, person, or entity.
5. You will not do anything that could disable, overburden, damage, or impair our Platform or interfere with any person’s use or entity’s use of our Platform.
6. You will not use any robot, spider, or other automatic devices, process, or means to access our Platform for any unlawful purpose or in violation of these Terms of Use.
7. You will not introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
8. You will not co-brand or frame our Platform or hyper-link to it without first obtaining the express prior written permission of an authorized representative of MAX.
REGISTRATION AND CONTENT
1. Registration. To use the Services, you must register for an account on the Platform (an “Account”). You must provide accurate and complete information and keep your Account information updated. You may not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. To register for an Account, during the registration process, Providers must review, execute, and submit to MAX the Provider Referral Agreement.
2. Content.
  1. Definition. For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, reviews, data, text, photographs, videos, audio clips, written posts and comments, communication, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Contributions”).
  2. User Content: MAX shall not be responsible for any User Contributions, whether publicly posted or privately transmitted. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
  3. User Contributions: We may from time-to-time provide interactive services, such as message boards, customer comments, reviews, and feedback, blog posts, or other interactive features that allow users to post, submit, publish, blog, display or transmit User Contributions on or through our Platform. All User Contributions must comply with the Content Standards set out in these Terms and Conditions. You understand and agree that MAX may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of MAX violates these Terms or which MAX determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Platform or others. Any User Contribution you post will be considered non-confidential and non-proprietary, to the extent permitted by law. MAX does not solicit nor does it wish to receive any confidential, secret, or proprietary information or other materials from you through the Platform or mail or e-mail addresses, or in any other way. By providing User Contribution, you grant us and our successors the right to use, reproduce, modify, perform, display, distribute, delete, or disclose to third parties any such material. You promise you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against us for infringement of any proprietary rights with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory regarding such User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
  4. No Guarantee: If you provide User Contributions to be published or displayed on public areas of our Platform, or transmitted to other users of the Platform or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of our Platform or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
  5. Accuracy of User Contributions: User Contributions, including ratings of others, must be accurate and comply with all applicable laws. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of our Platform.
  6. Opinions, advice, statements, offers, or other information or content made available on the Platform or through the Platform, but not directly by MAX, are those of their respective authors. Such authors are solely responsible for such Content. MAX does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Platform or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statements made by any party that appears on the Platform or through the Service. Under no circumstances will MAX or its Affiliates be responsible for any loss or damage resulting from (a) your reliance on information or other content posted on the Platform or transmitted to or by any user of the Platform or Service; or (b) reviews or comments made about you on the Platform by other users.
  7. You agree MAX has no obligation to remove any reviews or other information posted on the Platform about you or any other person or entity. You may not terminate your registration and re-register in order to prevent a review from being associated with your Account. The author of a review can always remove or request the removal of a review they have written.
  8. Disclaimer of Liability. MAX disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the Platform or Services of MAX. Users hereby represent, understand, and agree to hold MAX harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Platform or in any other venue.
3. Exclusive Use. If you are a Client, you may use your Account only to find for yourself, your entity, your clients, or other individuals for whom you are otherwise the legal guardian and authorized representative. If you are a Provider, you may use your Account only to update your information, make it available to Clients, and accept or reject referrals. You are responsible for all activity on and use of your Account, and you may not assign or otherwise transfer your Account to any other person or entity.
PROCESSING OF PERSONAL DATA. Your personal data will be treated in accordance with MAX’s Privacy Notice, available at https://maxmrj.com/privacy-policy.
RULES OF CONDUCT.
1. As a condition of use and/or submittal of User Contributions, you promise not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity, and all activities connected to your Account in connection with the Services (including without limitation your communications and collection of data from other users of the Services).
2. These content standards apply to all User Contributions and the use of interactive services if offered. User Contributions must in their entirety comply with all applicable local, state, and federal laws and regulations. Without limiting the foregoing, User Contributions must not: (i) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party; (iv) Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws; (v) Promote any illegal activity, or advocate, promote or assist any unlawful act; (vi) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (vii) Impersonate any person, or misrepresent your identity or affiliation with any person or organization; (viii) Involve commercial activities or sales; (ix) Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity
3. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws, and regulations.
5. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
THIRD-PARTY SERVICES. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree 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 or reliance on any such content, goods or services available on or through any such website or resource.
PAYMENTS AND BILLING.
1. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
2. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other providers of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
3. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY OR MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT OR NOTIFY US IN WRITING VIA US MAIL.
4. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.MAXMRJ.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
5. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you pre-authorized or was invoiced (other than due to the imposition or change in the amount of state sales taxes, if any), you have the right to receive, and we shall provide, a notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
6. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our or the Provider’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
7. Cancellation Policy/Fees. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for. If you have purchased a subscription for a specific term, such termination will be effective on the last day of the then-current term. Your subscription may provide that a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term. If you fail to comply with any provision of this Agreement, MAX may terminate this Agreement immediately and retain any fees previously paid by you. Upon termination of this Agreement, you must cease any further use of the Services. If at any time You are not happy with the Services, Your sole remedy is to cease using the Services and follow this termination process. You agree that MAX collects interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
8. TERMINATION. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Platform or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, MAX shall be under no obligation to provide you with a copy of any Content posted by or about you on the Platform. If we terminate your registration, we have no obligation to notify you of the reason, if any, for the termination of your registration. MAX does not have the authority to terminate the relationship between any Client and Provider, consumer and Provider. Following any termination of any individual's use of the Platform or the Services, MAX reserves the right to send a notice thereof to other Users with whom we believe the deregistered individual has corresponded. Our decision to terminate an individual's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
CONSENT TO ELECTRONIC COMMUNICATION. By using the Platform or Services, you agree to allow MAX to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products from MAX via the Platform, mobile application, online messaging platform, or email. You also agree to check your MAX Account, alerts, and messages, and the email account used to register on the Platform on a reasonably regular basis to stay apprised of important notices and information about your Account.
CONSENT TO GEOLOCATION. By using the Platform or Services, you agree to allow MAX to use the location of Platform usage.
CONSENT TO EMERGENCY MEDICAL. If at any time, due to such circumstances as an injury or sudden illness, medical treatment is necessary, Client authorizes MAX or the Provider to take whatever emergency measures they deem necessary for the protection of the Client. Client understands this may involve contacting a doctor, interpreting and carrying out his or her instructions, and transporting Client to a hospital or doctor’s office, including the possible use of an ambulance. Client also authorizes the providers of emergency services to bill Client for the costs of such care. Client agrees to be responsible for all costs related to such emergency and further agrees to indemnify and reimburse MAX or Provider any costs or fees incurred related to such emergency care.
WARRANTY AND OTHER DISCLAIMERS.
1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
  1. which users gain access to the Services;
  2. what Content you access via the Services; or
  3. how you may interpret or use the Content.
2. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
3. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
4. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR DATA LOSS. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING, OR BY THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE TO MAX. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
INDEMNIFICATION. By using the Platform and Services and agreeing to these Terms and Conditions, you agree you shall defend, indemnify, and hold harmless MAX, its affiliates and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Platform, the Services, Content, or otherwise from your User Contributions, your violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity, or any relationship or agreement formed with a Client or Provider using the Platform or Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree you will assist and cooperate, as reasonably required, with us in asserting any available defenses. Users further agree to hold harmless MAX and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Platform.
ASSUMPTION OF RISK. Users assume all risks when using the Platform and the Services, including but not limited to all of the risks associated with any online or offline interactions with or between users of the Platform or the Services. MAX has no liability for non-MAX Actions. IN NO EVENT WILL MAX BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE PLATFORM OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE PLATFORM OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
TRANSPORTATION
1. Informed Consent: Client understands that while receiving transportation services from a Provider, Client could sustain serious personal injuries, illness, property damage, or even death and that there may be other risks not known to me or not reasonably foreseeable at this time. Client further understands and agrees that any injury, illness, property damage, disability, or death that Client may sustain by any means is Client’s sole responsibility.
2. Release and Waiver Of Liability: Client, on behalf of himself or herself, and his or her personal representatives, heirs, executors, administrators, agents, and assigns, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE MAX, its directors, officers, employees, agents, and Providers for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, property damage, or death that Client may suffer as a result of receiving transportation services from a Provider, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. Assumption of Risk: Client understands there are potential dangers incidental to receiving transportation services from a Provider, some of which may be dangerous and which may expose the Client to the risk of personal injuries, property damage, or even death. Client understands that these potential risks include, but are not limited to: travel; negligent or willful acts of others; and other risks that are unknown at this time. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF RELEASEES, and assume full responsibility for receiving transportation services from a Provider.
4. Indemnity: Client, on behalf of the Client to whom services are to be rendered to, and his or her personal representatives, heirs, executors, administrators, agents, and assigns, agree to hold harmless, defend and indemnify the releasees from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, property damage or death that Client may suffer as a result of receiving transportation services from a Provider, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
5. Means of transportation: Client may request transportation services and may authorize the use of a vehicle by a Provider. Client agrees to maintain and validate automobile liability insurance on the vehicle and maintain the vehicle in good working order.
6. IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS-ACTION RIGHTS AS DETAILED IN SECTION 21.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS:
1. ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND MAX OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH MAX, OR ANY CLIENT OR PROVIDER, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND MAX HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE MAX’S INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND MAX WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT'S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR MAX WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST MAX INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
2. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if MAX is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either MAX or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have the authority to award damages, remedies, or awards that conflict with these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms and Conditions must be filed within one (1) year after such claim of action arose or be forever banned.
3. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 21, you must notify MAX in writing within 30 days of the date that you first accept these Terms and Conditions (unless a longer period is required by applicable law). Your written notification must be mailed to MAX at the following address: 65 Washington St., PMB #298, Santa Clara, CA 95050. If you do not notify MAX in accordance with this Section 21(C), you agree to be bound by the arbitration and class-action waiver provisions of these Terms and Conditions, including such provisions in any Terms and Conditions, revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with MAX through arbitration. If MAX makes any changes to the Arbitration and Class Action Waiver section of these Terms and Conditions (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending MAX written notice within 30 days of the change to the address set forth in this Section 21C. This notification affects these Terms and Conditions only; if you previously entered into other arbitration agreements with MAX or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms and Conditions shall not affect other arbitration agreements between you and MAX.
4. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with MAX.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) WORKERS’ COMPENSATION BENEFITS, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00.
6. GOVERNING LAW AND JURISDICTION. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms and Conditions shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Santa Clara County, California.
7. MODIFICATION. We reserve the right, in our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Platform or by sending you a notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms and Conditions in effect at the time of such use.
MISCELLANEOUS.
1. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
2. User License. Subject to these Terms and Conditions, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
3. Entire Agreement and Severability. These Terms and Conditions and the Privacy Notice are the entire agreement between you and us with respect to the Services offered through your use or access of this Platform or Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
4. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
5. Assignment. These Terms and Conditions are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may not assign, transfer, or delegate any of our rights and obligations hereunder without consent.
6. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, registration on this Platform, or by acceptance of any referral, and neither party has any authority of any kind to bind the other in any respect.
7. Notices. Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@maxmrj.com.
8. No Waiver. Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
9. Headings. The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

Contact: If you have any questions or need further information regarding the Platform or Services provided by MAX, you may contact us at the following address: MAX MRJ, 65 Washington St., PMB #298, Santa Clara, CA 95050