Maximize Creative Agency: Branding & Web Design Experts

Terms of Use for Maximize Creative Agency

Effective Date: January 1st, 2024

Welcome to Maximize Creative Agency! Please read the following Terms of Use carefully before using our website and services.

By accessing or using Maximize Creative Agency’s website (the "Site"), you agree to be bound by these Terms of Use, our Privacy Policy, and any additional policies and guidelines incorporated herein. If you do not agree to these Terms of Use, you should not use the Site.

1. Acceptance of Terms

By using this website, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, please refrain from using the Site.

2. Changes to Terms

Maximize Creative Agency reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. All changes will be posted on this page, and the "Effective Date" at the top will be updated. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

3. Use of Website and Content

You may use this Site for lawful purposes only. You may not use the Site to post, transmit, or distribute any unlawful, defamatory, or harmful content, including viruses, malware, or other harmful files.

Maximize Creative Agency grants you a limited, non-exclusive, non-transferable license to access and use the Site for personal and non-commercial purposes, provided that you comply with these Terms of Use.

4. Disclaimer

The Site and all content are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, either express or implied. Maximize Creative Agency disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Maximize Creative Agency does not guarantee that the Site will be available, uninterrupted, or error-free. The Site may experience downtime due to maintenance, technical issues, or other reasons. Maximize Creative Agency does not warrant that the Site or any content is free from viruses or other harmful components.

5. Limitations of Liability

Maximize Creative Agency will not be liable for any damages or injury resulting from your use or inability to use the Site or the content, including but not limited to any indirect, incidental, special, punitive, or consequential damages, lost profits, or damages resulting from inconvenience or loss of use.

Maximize Creative Agency’s total liability to you for any claim shall not exceed the amount you paid to Maximize Creative Agency for access to the Site or content.

6. Indemnity

You agree to indemnify, defend, and hold harmless Maximize Creative Agency, its officers, directors, employees, agents, and content providers from any claims, damages, liabilities, and expenses (including attorneys' fees) arising from:

Your use of the Site and the content.
Any violation of these Terms of Use.
Any infringement of intellectual property rights or other legal rights by you or anyone using your account.

7. Force Majeure

Maximize Creative Agency will not be held liable for any failure to perform due to causes beyond its control, including but not limited to natural disasters, government restrictions, strikes, or technical failures.

8. Term and Termination

These Terms of Use will remain in effect until terminated by either party. You may terminate this agreement by discontinuing your use of the Site and destroying all content obtained from the Site. Maximize Creative Agency reserves the right to suspend or terminate your access to the Site at any time without notice for any reason.

9. Notices

Notices to Maximize Creative Agency should be sent via email to [email address]. Notices to you will be sent to the email address you provide when registering.

10. Jurisdiction and Compliance with Laws

Maximize Creative Agency operates the Site from the United States and makes no representation that the content is appropriate or available for use in other locations. If you access the Site from outside the United States, you are responsible for complying with local laws.

These Terms of Use are governed by the laws of the state of Utah, and any legal action shall be brought in the courts located in Utah, United States.

11. Arbitration

Any dispute between you and Maximize Creative Agency will be resolved through binding arbitration under the rules of the American Arbitration Association. Arbitration will take place in Utah, and each party will bear its own costs, except for the arbitrator’s fees, which will be divided equally.

12. Waiver

No delay or failure by Maximize Creative Agency to exercise any rights under these Terms of Use shall constitute a waiver of those rights.

13. Severability

If any provision of these Terms of Use is found to be unenforceable, the remainder of the terms shall remain in full force and effect.

14. Independent Contractor

Maximize Creative Agency operates as an independent contractor. These Terms of Use do not create a partnership, joint venture, or agency relationship between you and Maximize Creative Agency.

15. Continued Use Deemed Acceptance

By continuing to use the Site, you agree to any modifications or amendments made to these Terms of Use. It is your responsibility to review the Terms of Use regularly.

16. Entire Agreement

These Terms of Use, along with any other policies and guidelines provided by Maximize Creative Agency, constitute the entire agreement between you and Maximize Creative Agency regarding the use of the Site.

DISCLAIMERS

MAXIMIZE CREATIVE AGENCY AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. MAXIMIZE CREATIVE AGENCY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. MAXIMIZE CREATIVE AGENCY AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. MAXIMIZE CREATIVE AGENCY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH MAXIMIZE CREATIVE AGENCY.

MAXIMIZE CREATIVE AGENCY DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT MAXIMIZE CREATIVE AGENCY AND YOUR USE OF MAXIMIZE CREATIVE AGENCY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MAXIMIZE CREATIVE AGENCY OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAXIMIZE CREATIVE AGENCY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF MAXIMIZE CREATIVE AGENCY AND/OR THE CONTENT IN TERMS OF THEIR, ACCURACY, APPLICABILITY, CORRECTNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT MAXIMIZE CREATIVE AGENCY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF MAXIMIZE CREATIVE AGENCY AND THE CONTENT IS AT YOUR OWN RISK.

LIMITATIONS ON LIABILITY

MAXIMIZE CREATIVE AGENCY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF MAXIMIZE CREATIVE AGENCY AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY COMPUTER VIRUS, DEFECT, DELAY IN OPERATION OF TRANSMISSION, ERROR, FAILURE OF PERFORMANCE, INTERRUPTION, OMISSION, OR LINE FAILURE. MAXIMIZE CREATIVE AGENCY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, MAXIMIZE CREATIVE AGENCY AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH MAXIMIZE CREATIVE AGENCY, EVEN IF THERE IS NEGLIGENCE BY MAXIMIZE CREATIVE AGENCY OR BY AN AUTHORIZED MAXIMIZE CREATIVE AGENCY REPRESENTATIVE, OR AN AUTHORIZED MAXIMIZE CREATIVE AGENCY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. MAXIMIZE CREATIVE AGENCY'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO MAXIMIZE CREATIVE AGENCY, IF ANY, TO ACCESS MAXIMIZE CREATIVE AGENCY OR ACCESS THE LICENSED CONTENT.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MAXIMIZE CREATIVE AGENCY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL ATTORNEYS' FEES, CLAIMS, COSTS AND EXPENSES, DAMAGES, INJURIES, LIABILITIES, LOSSES, PROCEEDINGS, RELATING TO OR ARISING FROM:

i. YOUR USE OF MAXIMIZE CREATIVE AGENCY AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH MAXIMIZE CREATIVE AGENCY;

ii. ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH MAXIMIZE CREATIVE AGENCY;

iii. ANY BREACH BY YOU OF THIS USER AGREEMENT;

iv. AND ANY ACTIVITY RELATED TO YOUR SERVICE ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR MAXIMIZE CREATIVE AGENCY ACCOUNT.