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Terms & Conditions
1. Terms: This Web site is a service made available by Fortuna Logistics, LLC, and a Delaware corporation doing business as maxconsoftware.com (referred to as “MaxCon”. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Furthermore, by accepting the conditions of use upon logging into this web site, you agree that, if you are entering this web site as a representative of a company, you have the authority to bind the company to the Terms and Conditions of Use. If you do not have such authority or if you do not agree with any of these terms, you are prohibited from using or accessing this web site. The materials contained in this web site are protected by applicable copyright and trade mark laws. 2. Use License: a. Permission is granted for a non-exclusive, non-transferable right to use the software and the materials (information or software) on MaxCon's web site for your own internal business use only. This is the grant of a license, not a transfer of title, and under this license you may not: i. Modify or copy the materials; ii. Make a derivative work based on the materials; iii. Use the materials for any other commercial purpose than what is provided; iv. Attempt to decompile or reverse engineer any software contained on MaxCon's web site; v. Remove any copyright or other proprietary notations from the materials; vi. Transfer the materials to another person or "mirror" the materials on any other server; or vii. Or use the materials in contravention of any law, statute, regulation or rule. b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MaxCon at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials (except your own data) in your possession whether in electronic or printed format. 3. Your Account and Data: You are responsible for payment of the monthly fees associated with your account. Payments must be made in advance. Changes to the account can be made at any time (number of users, etc.). However, nonpayment of the monthly fees in advance shall result in a limited access to your data. If payment has not been received for the next billing cycle, your data will be available and viewable to the users on the account. However, changes, additions, or any other type of manipulation will not be available until all fees have been paid. Your data will be available for 60 days after the expiration of the last payment period and then it may erased at any time without any further notice. Users will be able to download all data entered into the service until deleted. MaxCon is not responsible for the accuracy, quality, or rights in the data entered by users. MaxCon is similarly not liable or responsible for the deletion, destruction, erasure, or loss of the data. 4. Disclaimer: The materials on MaxCon's web site are provided "as is.” MaxCon makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MaxCon does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this web site or otherwise relating to such materials or on any sites linked to this web site. 5. Limitations: In no event shall MaxCon or its suppliers or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MaxCon's Internet site, even if MaxCon or a MaxCon authorized representative has been notified orally or in writing of the possibility of such damage. 6. Revisions and Errata: The materials appearing on MaxCon's web site could include technical, typographical, or photographic errors. MaxCon does not warrant that any of the materials on its web site are accurate, complete, or current. MaxCon may make changes to the materials contained on its web site at any time without notice. MaxCon does not, however, make any commitment to update the materials. 7. Links: MaxCon has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MaxCon of the site. Use of any such linked web site is at the user's own risk. You may link to this web site provided you do not remove any material presented on this website when providing your link and you do not have illegal or pornographic material on your website. You also agree to remove a link immediately upon request by MaxCon. 8. Third party content: Third party content may appear on the website or may be accessible via links. Any use of that content, and any terms, conditions, warranties or representations associated with such content, is solely between you and the applicable third-party. MaxCon shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked through the website, and in no event shall MaxCon be responsible for any content, products, or other materials on or available from such sites. 9. User’s Content; Any information submitted by users on this web site (User’s Content) will not be considered to be confidential or proprietary and will become the property of MaxCon. User’s Content includes any comments, blog entries, photographs, suggestions, improvements, or other information provided to MaxCon through this web site. Users are responsible to ensuring the accuracy and reliability of User’s Content and the ability of the User to provide such Content without any limitations (including, but not limited to copyright, trade secrets, patent, or other intellectual property limitations). 10. No Waiver: No waiver of any of the terms of this Terms and Conditions of Use shall be effective unless in writing and signed by the waiving party. Failure to insist in any instance on strict conformance by the other party to any term of this Terms and Conditions of Use shall not be construed as a waiver of that or any other term contained in this Terms and Conditions of Use or failure by either party to act in the event of a breach shall not be construed as a consent to or a waiver of any subsequent breach of the same or of any other term contained in this Terms and Conditions of Use. 11. Unlawful Activity: By visiting the MaxCon website, users agree that they will not use the web site for any unlawful activity or use it in any way that would violate the terms and conditions. MaxCon reserves the right to investigate any complaints or violations of these Terms and Conditions of Use and to take any action MaxCon deems necessary, including providing law enforcement with any information in the possession of MaxCon through the use of this web site. 12. Indemnification: You agree to defend, indemnify, and hold Maxcon, its officers, directors, employees, agents, affiliates, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use. 13. Site Terms of Use Modifications: MaxCon may revise these Terms and Conditions of Use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. 14. Governing Law: Any claim relating to MaxCon's web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. MaxCon shall be entitled to any attorneys’ fees and costs related to enforcing these Terms and Conditions or to enjoin any breach or violation of any of the terms herein. 15. Weather Data: All weather data provided through Maxcon is property of Weather Decision Technologies (WDT) and will be referred to as "the Weather Data". The user is granted a limited use license for The Weather Data from WDT for use by the user. In no case may the user or the user's company/employer copy, disseminate, publish, sublicense, grant use of, or share The Weather Data outside of the user's company/employer or with other employees of the user's company who don't have license. The user is not permitted to use The Weather Data or images of The Weather Data in print, electronic, or any other form for use in advertisements, mailers, door hangers, or any publically displayed or disseminated media without the expressed written consent of WDT. The Weather Data, both forecasts and analysis of past events, are considered advisory in nature. Although great care is taken by WDT in creating and providing The Weather Data, WDT does not warrant the correctness or completeness of any of The Weather Data. Privacy Policy Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy. • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. • We will only retain personal information as long as necessary for the fulfillment of those purposes. • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. • We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
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