OWNERSHIP, INTELLECTUAL PROPERTY AND LINKS
CONTENT, MARKS AND COPYRIGHTS
The Site and all Content are copyrighted and such copyrights are owned by MAXpci or the author of such Content. You are granted a non-exclusive, limited license to view, print, and/or distribute Content in hard copy from the Site purposely made available by MAXpci for downloading from the Site (such as data sheets, articles, and similar materials), provided that you:
1. includeMAXpci’s copyright notice on such Content as follows: “Copyright MAXpci, All rights reserved”.
2. not remove any proprietary notice language in all copies of such documents,
3. use such information only for your personal, non-commercial informational purpose
4. do not copy or post such information on any network, website or broadcast it in any media,
5. not use the Content for any purpose contrary to MAXpci’s commercial interests,
6. do not modify, alter, or create derivative works of, the Content, and
7. do not make any additional representations or warranties relating to such Content.
This limited license may be revoked at any time at the sole discretion of MAXpci.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any MAXpci server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You agree not to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. MAXpci reserves the right to bar any such activity.
TERM AND TERMINATION
The User’s account will automatically renew on a yearly basis, unless either party suspends or terminates the account in advance of the monthly renewal date agreed to by the parties.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site, including the MAXpci Merchant Portal, may require you to enter a username and password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify MAXpci immediately of any unauthorized use of your account or password, or any other breach of security. You shall exercise your best efforts to maintain the security of your account information. If you become aware that the security of your username, password, or account has been compromised, then you shall immediately notify MAXpci of the security risk.
You may not use anyone else’s MAXpci username, password or account at any time without the express permission and consent of such holder. MAXpci cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
LINKS TO THIRD-PARTY SITES
The Site may contain links to third-party sites. Such linked sites are not under MAXpci’s control and you acknowledge and agree that MAXpci is not responsible or liable for the content, information, services, or products of such third-party sites. You expressly assume all risk of accessing third-party sites. Links to a third-party site do not constitute endorsement of that site by MAXpci. You will need to make your own independent judgment regarding your interaction with these linked sites.
MAXpci reserves the right to modify or stop the Services (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You agree that MAXpci shall not be liable to you or any third party for any modification or cessation of the Services.
LOGGING IN TO THE SITE
You acknowledge and agree MAXpci is not liable for any damages resulting from any other parties’ use or access of Users’ MAXpci Account regardless of whether other parties use or access is with or without the User’s knowledge or consent. User may end authorization by administrating the user through the Site or by providing notice to support@MAXpcicomply.com. Such notice will be effective upon confirmation by MAXpci, via email, of receipt.
VULNERABILITY SCAN IDENTIFICATION OF IP ADDRESSES
Because of the sensitive nature of performing security checks on IP addresses, you represent and warrant that you have full right, power, and authority to consent to have the service test for vulnerabilities (“Vulnerability Scan”) of the IP addresses identified to MAXpci for scanning, whether electronically or by any other means, whether at the time of initial request or thereafter. You further agree to immediately notify MAXpci if, at any time, you change the IP address of your primary website or any other that it has contracted with MAXpci to conduct a Vulnerability Scan. Without limiting any other remedy that MAXpci may have, you agree to indemnify and hold MAXpci, its employees, board of directors, shareholders and its partners harmless from and against any and all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorneys’ fees and costs, incurred by MAXpci, its employees, board of directors or shareholders, or such partner resulting from your breach of this paragraph.
You also acknowledge and agree that the scanning of such IP addresses may expose vulnerabilities and in some circumstances could result in the disruption of services at such site(s).
ACKNOWLEDGMENT AND CONSENT TO INTRUSION
User understands and acknowledges that, in some situations, based on analysis of User practices by MAXpci, certain automated or manual system probes to identify website and network vulnerabilities (the “Evaluation Services”): (i) will be inherently invasive and intrusive, and include attempts by MAXpci, or its agents as applicable, to gain unauthorized access to User’s systems in an effort to make User aware of those areas in which User’s system is vulnerable to intrusion, damage, and/or unauthorized use, (ii) may result in inadvertent damage to User’s system as a result of dissimilarities among network systems, (iii) may cause excessive amounts of log messages resulting in excessive disk space consumption, and (iv) may cause degradation of User’s system and/or increased bandwidth usage as a result of attempts to penetrate, probe and/or crawl it including, but not limited to possible “slowdowns”, “hanging” or “crashing” of User’s system, possible failure of User’s system as a result of attempts to invade it, or any other damage resulting from intrusive and/or invasive techniques used to gain access to User’s system. User hereby gives its informed consent to intrusion into User’s systems by MAXpci and its agents for the sole purpose of performing the Evaluation Services provided herein.
LIMITATIONS ON LIABILITY; DISCLAIMERS
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
MAXpci SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS ARISING OUT OF MAXpci’S SERVICES PROVIDED HEREUNDER.
MAXpci DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICES OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
MAXpci CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR SOLE REMEDY AGAINST MAXpci FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
MAXpci reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site or Services, or any portion thereof, for any reason; (2) to modify or change the Site or the Services, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of the Site or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You understand that assessing computer security is highly complex and changeable. MAXpci makes no warranty that the Services will find every vulnerability in your network or server(s), or that the solutions suggested and advice provided by MAXpci,or its partners, will be complete or error-free. Additionally, MAXpci makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your devices or any charges, including but not limited to bandwidth, database calls, communication, etc. as a result of using the Services.
You agree to indemnify and hold MAXpci, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MAXpci by any third party due to or arising out of, relating to, or in connection with: (a) your use of the Site, (b) the Services, and (c) use of the Marks
You will, by using the Services or by contact with MAXpcicontractors and employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service features, enhancement, or release plans, and business or marketing plans (“Confidential Information”) is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.
MAXpci shall not be liable for interruptions, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof caused or occasioned by, or due to fire, flood, water, earthquake, the elements, acts of God, war and threat of imminent war, terrorism, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond the either parties’ reasonable control.
GOVERNING LAW; JURISDICTION AND VENUE
QUESTIONS, COMMENTS & COMPLAINTS
MAXpci, 2472 Battery Hill Circle, Woodbridge, VA 22191.