Last Updated: February 12, 2021
Maxwell Financial Labs, Inc. (“Maxwell” or “we”, “us”, or “our”) is committed to privacy and will only use information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device (“Personal Information”) in accordance with the terms of this Privacy Pledge (this “Pledge”).
This Pledge describes how we collect, use, protect and disclose Personal Information we obtain from you when you visit the websites that we own or control (today or in the future), including https://himaxwell.com/ (collectively, the “Sites”), you use the mobile applications we own or control (today or in the future) (collectively, the “Applications” or “Apps”), and when you use any services we provide through the Sites or the Apps (collectively, together with the Sites and the Apps, the “Services”). You can access the Sites in many ways, including from a computer or mobile phone, and this Pledge will apply regardless of the means of access. This Pledge also governs the use of Personal Information we obtain from you from any third party site or application where we post content or invite your feedback or participation. Maxwell cannot control the privacy policies or practices of sites or companies that we do not own or control and cannot control the actions of people we do not employ or manage.
Please read this Pledge carefully. This Pledge is a legally binding contract between us and anyone who accesses or uses any of the Services. This Pledge is incorporated into and is subject to our Terms of Use for the applicable Site or Application. In the event of a conflict between this Pledge and such Terms of Use, the Terms of Use will control. If you have any questions about this Pledge, please e-mail us at askmax@himaxwell.com. If you do not want us to collect, use, or share your information in the ways described in this Pledge, please do not use the Services. By using the Services, you consent to the collection and use of your information (including Personal Information) by us as identified in this Pledge.
I. Information We Collect
Information we Collect From You
In order to use some of our Services, we ask you to provide certain Personal Information and in some cases require you to register for an account. Where applicable, we indicate whether you must provide us with your Personal Information in order to use the Services you want to use. If you do not provide the Personal Information, you may not be able to benefit from our Services if that information is necessary to provide you with the applicable Services or we are legally required to collect it.
When you register for an account, we may access and collect the Personal Information you provide, such as your name, contact information (including your mailing and billing addresses), e-mail address, Social Security number, date of birth, phone number, username and password. We may also collect from you information such as your mortgage statements, tax returns, paystubs, bank statements, and any other documents that you upload to our Sites and Apps for our Services. We may also ask for additional Personal Information including your mobile phone number and your credit or debit card number or other financial account number. We will also collect and maintain information about all transactions associated with your account.
Some of our Services involve the collection and storage of financial and related information, such as (1) outstanding loans or other financial obligations, financial account balances, payment histories, account activity, and other information that may be contained in statements or other reports relating to your debts and assets, (2) information from consumer reporting agencies and other sources, such as your credit bureau reports, collection agency reports or other communications, and other information relating to your payment histories, creditworthiness, annual income, and/or ability to satisfy your obligations, and (3) your income range. This information will only be collected if applicable to your use of the Services and will be collected and stored in accordance with this Pledge, all applicable laws and, where required, with your consent and/or at your instruction.
When you use some of our Services, you may choose to provide certain information directly to us to request more information about our Services or for other reasons. We will collect, use, share and store this Personal Information consistent with this Pledge.
Personal Information Collected from Third Parties
We may collect your Personal Information from third party affiliates or business partners such as social media sites, ad networks, analytics providers, loan officers, borrowers, or real estate agents. If you are a borrower and you have instructed your loan officer or real estate agent not to provide us with Personal Information, you will not be able to use certain features of our Sites or utilize our products or services.
If you are a borrower, we may also collect other information about you from loan officers or real estate agents that utilize our products and services, which does not constitute Personal Information, including, but not limited to (1) income range, (2) appraised value of your property, (3) statistics about your property, (4) property purchase price, (5) loans you may have, (6) expenses related to your property, (7) information about your use of the Sites, and (8) information related to your credit history.
Personal Information Automatically Collected
When you use our Sites and Applications, our servers automatically record information that your browser or device sends whenever you visit a website or utilize an application. This information may include your IP address, the type of device you are using, the internet service provider or mobile carrier you are using, your device identifiers, your mobile telephone number, your geographic location and your activities within the Services, including the links you click, the pages or screens you view, your session time, the number of times you click a page/screen or use a feature of the Services, the date and time you click on a page or use a feature and the amount of time you spend on a page or using a feature.
Like many websites, our Sites also use “cookie” technology to collect additional website usage data and to improve the Sites and our Services. A cookie is a small data file that we transfer to your computer’s hard disk. A session cookie enables certain features of the Sites and is deleted from your computer when you disconnect from or leave the Sites. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Sites. We may use both session and persistent cookies to better understand how you interact with our Sites, to monitor aggregate usage by our uses and web traffic routing on our Sites, and to improve our Sites and Services. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all of the services or functionalities of the Sites. For more information about cookies, including how to set your internet browser to reject cookies, please go to www.allaboutcookies.org.
We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or after you visit our Sites, the pages or other content you view or otherwise interact with on our Sites and the dates and times that you visit, access or use our Sites. We may also use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on or forwarded a message, to the extent permitted under applicable law.
Please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.
Information Collected by Third Parties
We may display third-party content on the Sites, including third-party advertising. Third-party content may use cookies, web beacons or other mechanisms for obtaining data in connection with your viewing of the third-party content on our Sites. Additionally, we may implement third-party buttons, such as Facebook “share” buttons, that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Maxwell. Please consult such third party’s data collection, use and disclosure policies for more information.
For more information on the “cookies” and other technologies on the Sites, please read our cookie policy
Links to Other Websites
Our Sites may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer or mobile device, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third party sites or services to which links or access are provided through our Sites. We encourage you to read the privacy policies or statements of the other websites you visit.
II. How We Use the Information We Collect
Non-Marketing Purposes
We may use the information we collect for non-marketing purposes including (1) validating your identity; (2) sending you push notifications or e-mails to provide you with alerts and updates about your account and our Services; (3) processing your transactions; (4) conducting statistical or demographic analysis; (5) complying with legal and regulatory requirements; (6) customizing your experience with the Services; (7) protecting and defending Maxwell and its affiliates against legal actions or claims; (8) preventing fraud; (9) debt collection; (10) satisfying contractual obligations; (11) cooperating with law enforcement or other government agencies for purposes of investigations, national security, public safety or matters of public importance when we believe that disclosure of Personal Information is necessary or appropriate to protect the public interest; (12) improving customer service; and (13) for other business purposes permitted under applicable law (collectively, “Non-Marketing Purposes”)
Marketing Purposes
We may use the Personal Information we collect for our own marketing purposes including notifying you of special promotions, offers and events via push notifications, email and other means, including SMS messaging, subject to compliance with applicable laws. We may also link Personal Information (including your name, mobile phone number, and email address) with non-personal information (including Personal Information automatically collected as described in this Pledge) and use such information for our own marketing purposes. If you do not want to use your Personal Information for marketing purposes, you may opt-out in accordance with the procedures described in the “Managing Your Personal Information” section below.
IF YOU PROVIDE A CELL PHONE NUMBER AND EXPRESSLY CONSENT TO RECEIVE SMS MESSAGES FROM MAXWELL, YOU EXPRESSLY CONSENT TO RECEIVING SMS MESSAGES FROM MAXWELL, THE PURPOSE OF WHICH IS TO MARKET MAXWELL AND OUR SERVICES. ALTHOUGH THERE IS NO FEE ASSOCIATED WITH THIS SERVICE, YOUR CARRIER MAY CHARGE YOU FOR EACH MESSAGE YOU RECEIVE IN ACCORDANCE WITH YOUR CALLING PLAN. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR SUCH CHARGES. IF YOU DO NOT WISH TO CONTINUE TO RECEIVE ANY MARKETING SMS MESSAGES VIA YOUR MOBILE DEVICE, YOU MAY OPT-OUT AT ANY TIME BY CONTACTING US AT askmax@himaxwell.com OR BY TEXTING “STOP” IN RESPONSE TO A MARKETING SMS MESSAGE YOU RECEIVE FROM MAXWELL. FAILURE TO OPT-OUT CONSTITUTES YOUR CONSENT TO CONTINUE TO RECEIVE THESE MARKETING SMS MESSAGES UNTIL YOU ELECT TO OPT-OUT.
Other Purposes
We may also use information in the aggregate to understand how our users as a group use the Services provided on our Applications. Maxwell will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated or incompatible purposes without providing you notice.
III. Who We Share Personal Information With
For business purposes, we may share certain Personal Information we receive from and about you, and about your transactions with us, with our affiliates and certain third parties. Doing so allows us to provide the Services you request. If you are a borrower, we will share your Personal Information to provide you with our Services with your lender and/or real estate agent, as described in the Terms of Service. If you are a lender, we will share your Personal Information to provide you with our Services with borrowers and real estate agents. Finally, if you are a real estate agent, we will share your Personal Information to provide you with our Services with borrowers and lenders.
We may also share your Personal Information with the following third parties:
Third Party Service Providers
Your Personal Information may be shared with or collected by third party service providers who provide us with services, including, but not limited to, facilitating mailing information and services, data hosting or processing, credit card processing, or processing or fulfilling transactions. We require these third party service providers to exercise reasonable care to protect your Personal Information and restrict their use of your Personal Information to the purposes for which it was provided to them.
We may also allow third party service providers to use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Services. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and Apps and enhance your experience when you use the Services.
Anonymous Information
We may provide anonymized information to third parties. Any anonymized information we provide to third parties is not considered Personal Information and is not subject to the terms of this Pledge.
Sale of our Business; Bankruptcy
In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us. We reserve the right, in connection with these types of transactions, to transfer or assign your information and other information we have collected from our customers to third parties or to authorize third parties to use any such information retained by us. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Pledge. However, any information you submit or that is collected after this type of transfer may be subject to a new Privacy Pledge adopted by the successor entity.
Compliance with Laws and Law Enforcement
Maxwell cooperates with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against legal claims, for legal process (including subpoenas), to protect the property and rights of Maxwell or a third party, to protect Maxwell against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Services and any equipment used to make the Services available, or to comply with applicable law.
Other Users
Some of our Services allow you to communicate and collaborate with other users of our Services through the mortgage process. As a result, depending on your use of our Services, we may provide your Personal Information to other users of the Services that you interact with or otherwise authorize us to provide your Personal Information to.
IV. Managing Your Personal Information
You may decline to share certain information with us, in which case, we may not be able to provide you some of the Services we offer. To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Email Opt-Out
From time to time (and with your consent when required), you may receive periodic mailings or emails from us with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from us or on our behalf. If at any time you wish to stop receiving emails or mailings from us please send us an email to meetmax@himaxwell.com with the phrase “Privacy Opt-Out: Maxwell Social Mailings” in the subject line, or write to us at the address provided below, and we will remove you from our mailing list.
Alternatively, for email communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth in most promotional email message from us. Your unsubscribe request or email preferences change will be processed promptly, though this process may take several days. During that processing period, you may receive additional promotional emails from us.
Marketing/Joint Marketing Opt-Out
If you wish to opt-out of receiving solicitations from us, or do not want us to share your Personal Information with Maxwell’s affiliates or partners for marketing purposes, you may email us at meetmax@himaxwell.com, call 888-256-6067, or write to:
Maxwell Financial Labs, Inc.
1700 Lincoln St, Suite 2900
Denver, CO 80203
Behavioral Advertising Opt-Out
If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your Personal Information. To do so please visit the NAI Opt-Out Page: http://www.networkadvertising.org/choices. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you are browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
V. Security
Maxwell is committed to protecting the security of the Personal Information you provide to us and that we collect about you. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. Our safeguards vary based on the sensitivity of the information that we collect and store. Additionally, our Services are designed to comply with the laws applicable to the highly regulated financial services industry. This includes utilizing practices and measures that are designed to comply with the requirements for safeguarding, using and protecting personal information as set out in laws such as the Gramm-Leach-Bliley Act of 1999 and the Real Estate Settlement Procedures Act.
Nevertheless, when disclosing Personal Information, you should remain mindful that there is an inherent risk in the use of email and the internet. Your information may be intercepted without our consent, collected illegally and used by others without your consent. We cannot guarantee the security of any information you disclose online, and you do so at your own risk. We recommend that you change your password periodically. You are responsible for maintaining the security of your account username and password. If you believe that your account username and/or password have been stolen or been made known to others, it is your responsibility to immediately contact us at help@himaxwell.com and change your password. We are not responsible if someone else accesses your account through information they have obtained from you.
VI. Underage Persons
The Services are for use by persons who are at least 18 years of age. If you are younger than 18, you may not access, attempt to access, or use the Services. We do not knowingly collect or allow the collection of Personal Information via the Services from persons underage, pursuant to applicable law and regulations. We do not knowingly collect or allow the collection of Personal Information via the Services from persons under the age of 13. If we learn that we have collected the Personal Information of someone under the age of 13, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 13 and discover that your child has submitted Personal Information, you may contact us at askmax@himaxwell.com and ask us to remove your child’s Personal Information from our systems.
VII. International Users
The Sites and Apps are only intended for residents of the United States. If you are not a resident of the United States, please do not provide us with any Personal Information.
VIII. California Privacy Rights
If you are a resident of the State of California in the United States, please visit our California Privacy Pledge, for additional California-specific privacy disclosures.
IX. Changes to this Pledge
We may revise this Pledge from time to time in our sole discretion. We will notify you of any material revisions by placing notice of the revised Policy on our website or any place through which you access the Services. Your continued access or use of the Services following any amendments to the Policy constitutes your acceptance of the Policy as amended. It is your sole responsibility to monitor our website for changes to the Policy.
X. Contact Us
If you would like to update or correct your information or modify your communication preferences, or if you have questions regarding our Privacy Pledge or the use of information collected, you can contact us:
Phone: 888-256-6067
Email: askmax@himaxwell.com
Mail: Maxwell Financial Labs, Inc.
1700 Lincoln St, Suite 2900
Denver, CO 80203
Welcome to Maxwell! These Terms of Use (“Terms” or “Agreement”) are an agreement between you and Maxwell Financial Labs, Inc. (“Maxwell,” “we,” “us,” or “our”). As used in these Terms, the terms “you” and “your” refer to the individuals and companies that use any part of the Maxwell Platform.By using this website and other websites owned by Maxwell or its affiliates (the “Sites”) or any services provided by Maxwell through the Sites (the “Services”) (collectively, the Sites and the Services are referred to in these Terms as the “Maxwell Platform”), you agree to read, comply with, and be legally bound by: (a) these Terms; (b) Maxwell’s Privacy Policy (available at https://himaxwell.com/privacy); and (c) any additional rules and regulations for using the Maxwell Platform, including, but not limited to, any applicable Subscription Agreement, as well as any terms imposed by our third party suppliers and other business partners (the “Rules”). If you do not agree to the Terms, our Privacy Policy or the Rules, you may not use the Sites or any other Maxwell Services. In the event of any conflict between these Terms, the Rules, the Privacy Policy and other information provided by Maxwell in any manner, including, but not limited to, through the Maxwell Platform, communications with you, general advertisements, or otherwise, unless expressly stated to the contrary, these Terms shall control.THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BEFORE YOU AGREE TO THESE TERMS.Acceptance of TermsMaxwell is pleased to provide the information available through the Maxwell Platform conditioned upon your acceptance, without modification by you, of the terms, conditions, and notices comprising these Terms. These Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Sites. Your continued use of the Maxwell Platform after we publish any change, whether or not we send out a notice about the change, means that you have agreed to the updated Terms. You can review the most current version of these Terms at any time by clicking the “Terms of Use” link from any page on the Sites. Please feel free to email us at askmax@himaxwell.com with your thoughts about the Maxwell Platform or to request more information about Maxwell or the Maxwell Platform.Applicability of TermsPortions of the Maxwell Platform are available to the general public and do not require a password or other mechanism to access such publicly available portions of the Maxwell Platform (the “General Information”). If you only access the Maxwell Platform for purposes of reviewing and accessing the General Information, these Terms apply to such access and use as applicable.Other portions of the Maxwell Platform are only available to individuals that sign up for an account with Maxwell that enables them to access the password-protected portions of the Maxwell Platform. If you have created an account, you are deemed a “User”.Some Users will have access to the Maxwell Platform subject to a separate agreement between such User or the User’s employer or other entity which the User is affiliated (a “Subscription Agreement”). Any User whose access to the Maxwell Platform is subject to a Subscription Agreement is referred to in these terms as a “Subscribing User”. In the event of any conflict between these Terms and a Subscription Agreement, the terms of the Subscription Agreement will control.User AccountsTo utilize certain parts of the Maxwell Platform, you will be required to create an account through the Maxwell Platform. If you create any account, you must provide true, accurate, current, and complete information about you as may be prompted by any registration forms. If any information that you provide Maxwell changes, you must promptly update the relevant registration information.By opening an account and becoming a User, you certify to Maxwell that: (a) you are at least 18 years of age; (b) you are legally able to enter into contracts; and (c) you are not a person barred from receiving or using any part of the Maxwell Platform under federal, state, local or other laws.You acknowledge and agree that Maxwell may close, suspend, investigate, monitor or limit your access to your account or any other account associated with the Maxwell Platform, with or without prior notice to you. You acknowledge, understand, and agree that you do not have an expectation of privacy in activities related to the Maxwell Platform except as described in Maxwell’s Privacy Policy.You are prohibited from using a false identity to create an account, creating an account for or on behalf of any other person, or otherwise misrepresenting your identity on the Maxwell Platform.You are responsible for maintaining the confidentiality of your passwords. Maxwell has the right to assume that anyone accessing the Maxwell Platform using a valid password associated with your account has the right to do so. You will be solely responsible for the activities of anyone who accesses the Maxwell Platform using a valid password associated with your account, even if the individual is not in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it using the functionality provided through the Maxwell Platform. In addition, we encourage you to exit from your account at the end of each session and notify us if you become aware of any unauthorized use of your password or account.Individual Users with paid accounts are subject to the following additional terms:
Acceptable Use of the Maxwell PlatformYour use of the Maxwell Platform must comply with these Terms and the applicable Rules. Without limiting anything in these Terms or the applicable Rules, your use of the Maxwell Platform must comply with the following (“Acceptable Use Restrictions”):
Maxwell is providing you with the information and functionality on the Maxwell Platform. Access to the Maxwell Platform requires access to the Internet. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. Using the Maxwell Platform may allow you to receive Content on your mobile phone or other wireless device. The manner in which that Content is delivered to your phone or device may cause you to incur extra data, text messaging or other charges form your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You, not Maxwell, will be solely responsible for any carrier charges associated with your use of the Maxwell Platform. Please contact your carrier if you have questions about how the use of mobile applications and associated services might impact your wireless usage fees.Maxwell reserves the right (but not the obligation) to terminate your access to the Maxwell Platform at any time without notice for any reason whatsoever.You certify that you will comply with all applicable laws (e.g., federal, state, local, and other laws) when using the Maxwell Platform and any Content as permitted and in accordance with these Terms. YOU WILL BE RESPONSIBLE FOR ANY COST, EXPENSE, FEE, LIABILITY OF ANY KIND, AND ATTORNEY’S FEES THAT MAXWELL INCURS IF YOU BREAK THE LAW, VIOLATE THE RULES, MISUSE THE MAXWELL PLATFORM, OR BREACH THESE TERMS. IF YOU BREAK THE LAW, VIOLATE THE RULES, MISUSE THE MAXWELL PLATFORM, OR BREACH THESE TERMS, IN ADDITION TO, AND CONSISTENT WITH, OTHER INDEMNIFICATION OBLIGATIONS SET FORTH IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL REIMBURSE, INDEMNIFY, AND HOLD HARMLESS MAXWELL AND ITS PAST, PRESENT, AND FUTURE SUBSIDIARIES, PARENTS, AFFILIATED COMPANIES, AND THE EMPLOYEES, DIRECTORS, OFFICERS, INSURERS, AND AGENTS OF ALL AFOREMENTIONED COMPANIES, FROM ANY MONEY DAMAGES, COSTS, EXPENSES, LOSSES, LIABILITIES, AND ATTORNEY’S FEES RESULTING FROM ANY CLAIM, THREAT, DEMAND, SUIT, OR INVESTIGATION BROUGHT BY ANOTHER PERSON, ENTITY, OR GOVERNMENT. Without waiving any of these rights, Maxwell may, at its sole discretion, defend itself against any such claim, threat, demand, suit, or investigation without your consent. All of your obligations in this Section survive and continue after any termination of these Terms.Maxwell will terminate your access to the Maxwell Platform if, under appropriate circumstances, you are determined to be a repeat infringer of these Terms or otherwise a nuisance to the Maxwell Platform. Maxwell reserves the sole and exclusive right to decide whether a comment or any other submission is inappropriate or otherwise violates these Terms, other than copyright infringement, such as, but not limited to, obscene, defamatory, or just plain obnoxious material. Maxwell may remove such comments or other submissions and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.Ownership of the Maxwell PlatformAll right title and interest in and to the Maxwell Platform, including, but not limited to, all of the software and code that comprise and operate the Maxwell Platform and all of the text, photographs, images, illustrations, graphics, audio, video, audio-video clips, URLs, advertising copy, and other materials provided through the Maxwell Platform (collectively, the “Content”) are owned by Maxwell or by third parties who have licensed their content to us. The Maxwell Platform are protected under trademark, service mark, trade dress, copyright, patent, trade secret, and other intellectual property laws. In addition, the entire Content of the Maxwell Platform is a collective work under United States and international copyright laws and treaties, and Maxwell owns the copyright in the selection, coordination, arrangement, and enhancement of the Content of the Maxwell Platform.We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of the Maxwell Platform to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify, or obscure any copyright, trademark, or other proprietary notices from the Content you download or print. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots, or other automatic or manual device, software, program, code, algorithm, or methodology to access, copy, or monitor any portion of the Maxwell Platform, or in any way reproduce or circumvent the navigational structure or presentation of any part of the Maxwell Platform, or obtain, or attempt to obtain, any materials or information through any means not purposely made available by to you through the Maxwell Platform. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit, or use any part of the Content on the Maxwell Platform as expressly provided in these Terms. Nothing in these Terms shall be construed as transferring any right, title, or interest in the Maxwell Platform to you or anyone else, except the limited license to use the Maxwell Platform on the terms expressly set forth herein.Notwithstanding the foregoing, and specifically with regard to trademarks, the Maxwell names and logos (including, but not limited to, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks, and logos appearing within the Maxwell Platform, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of Maxwell and/or those of its affiliates (collectively, the “Maxwell Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated within the Maxwell Platform are the property of their respective owners. You are not authorized to display or use the Maxwell Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of third parties features within the Maxwell Platform without the prior written permission of such third parties. The use or misuse of the Maxwell Marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained therein, except as permitted herein, is expressly prohibited.User Provided ContentThe Maxwell Platform allows certain messaging and sharing of information by Users which may be seen by other Users. Where settings are available, Maxwell will honor the choices Users make about who can see content or information, including any data, information, or material pertaining to a User or any third party, disclosed, provided, or submitted to Maxwell in connection with the Maxwell Platform (“User Data”). Maxwell is not obligated to publish any information or content on the Maxwell Platform, including any User Data, and may remove it in Maxwell’s sole discretion, with or without notice.You shall be solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of User Data you provide through the Maxwell Platform, including through integration between the Maxwell Platform and any relevant financial accounts through which you provide bank statements, transaction history or relevant tax information (such as Form 1099s). You warrant that you have the right to possess and use all User Data you upload, submit, or otherwise provide through the Maxwell Platform, including the right to disclose User Data to Maxwell and use User Data in connection with the Maxwell Platform. You further represent and warrant that, prior to uploading, submitting, or otherwise providing any User Data through the Maxwell Platform or otherwise in connection with these Terms that: (a) you have received all required consents or authorizations with respect to such User Data referencing any individual; (b) you will use, store, and transfer all User Data in accordance with all laws applicable to you or, if applicable, your business (which may include, but is not limited to, the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102, 113 Stat. 1338) (as amended from time to time, the “GLB Act”) and any state law equivalents of counterparts thereof and all regulations promulgated under any of them).You are prohibited from disclosing information that you do not have the right to disclose, including the information of any third party, or that would result in the violation of anyone’s intellectual property rights.As between you and Maxwell, you own the User Data and any other content and information that you submit or post to the Maxwell Platform, provided that you grant Maxwell a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, without any further consent, notice and/or compensation to you or others, any User Data and other information and content you provide through the Maxwell Platform.If you are a Subscribing User whose employer or another entity has entered into a Subscription Agreement, you acknowledge and agree that the party to the applicable Subscription Agreement with Maxwell (the “Subscribing Party”) has the right to control your access to the Maxwell Platform and to receive reports on your use of the Maxwell Platform. In the event of any dispute between a Subscribing Party and a Subscribing User regarding rights to User Data, Maxwell shall not be responsible for the resolution thereof, and Maxwell shall be entitled to follow all reasonable instructions of the Subscribing Party with respect thereto.You understand and agree that foregoing limited non-exclusive license grants Maxwell the right to share User Data relating to you with other Users in connection with the Maxwell Platform, subject to the same limitations set forth above.Maxwell has no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy. In addition, Maxwell may delete and remove from the Maxwell Platform any User Data pertaining to any individual upon the request of such individual. The Maxwell Platform is not intended as a backup or storage system. You agree to maintain backup copies of all of your User Data and other communications submitted thereto.You acknowledge and agree that the Maxwell Platform is used by third parties who may receive and retain certain information about you, including copies of your User Data, even though you have deleted such information from the Maxwell Platform. Maxwell is not responsible for the use or retention by such third parties of such information or User Data, and refers you to each such third parties respective privacy policies for the terms and conditions associated therewith.To the extent you provide Maxwell with any ideas, suggestions, or other feedback regarding the Maxwell Platform (“Feedback”), you hereby agree that Maxwell shall have the full and unencumbered right to use that Feedback (and any intellectual property rights therein) for any purpose.Maxwell may include your entity name in listings of its current customers, provide that you retain all right, title and interest in and to all of your logos, promotional graphics and related marketing designs, subject only to Maxwell’s worldwide, royalty-free, non-exclusive license to use the foregoing and your corporate and/or trade name for purposes of fulfilling its obligations hereunder and marketing Maxwell’s products and services to third parties.Maxwell’s RoleThe Maxwell Platform is an administrative platform only, designed to facilitate the document assembly, communication, and collaboration between Users through the mortgage process. Maxwell does not offer or provide loans directly and you acknowledge and agree that Maxwell is not a broker, agent, or insurer and has no control over the conduct of, or any pricing or other information provided by other Users. You acknowledge and agree that Maxwell is not a party to any transactions or agreements you enter into related to your use of the Maxwell Platform.Without limiting any provision of these Terms, Maxwell does not (a) guarantee or ensure any loan amount, transaction fees, offer, or availability of any offer between you and other Users of the Maxwell Platform; (b) collect or process payment or transfer of title or security liens on behalf of Users, or otherwise act as an agent for any party to a loan or real estate transaction; (c) personally endorse any third party, including, but not limited to, any lender, borrower, or real estate agent; (d) make any guarantee, express or implied, that any information provided through the Maxwell Platform by a User is accurate; (e) verify the information that Users supply; (f) guarantee any loan products provided by Users of the Maxwell Platform; (g) verify or represent that information provided by Users comply with applicable laws; or (h) control how any User uses another User’s information.You acknowledge and agree that Maxwell is a passive conduit for the collaboration amongst Users and has no responsibility for, or any involvement in, any transactions amongst and between Users and other third parties. You further acknowledge and agree that any transaction you enter into with another User will be governed by terms agreed upon between you and such other User. You must determine the value and appropriateness of any transaction you enter into with another User. Maxwell expressly disclaims any and all liability or responsibility for the success and compliance with applicable laws of any transaction you enter into with another User.Additional Privacy TermsAs a User, the collection, use, and sharing of your personal information is subject to our Privacy Policy, which may be revised from time to time. Our Privacy Policy is available at https://himaxwell.com/privacy.Our Privacy Policy may be updated and modified by us from time to time without notice to you by posting a revised Privacy Policy on the Maxwell Platform. Your continued use of the Maxwell Platform after we publish any change, whether or not we send out a notice about the change, means that you have agreed to the updated Privacy Policy.Third Party Websites and AdvertisingThe Maxwell Platform may contain links to, integrate with, and/or provide functionalities that permit connection to websites and services that are owned or controlled by third parties. Maxwell has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or service and you expressly agree that Maxwell does not need to give you notice that you are leaving the Maxwell Platform or are connecting to a third party service. In addition, Maxwell will not, and cannot, censor or edit the content of any third party website or service. By using the Maxwell Platform you expressly relieve Maxwell from any and all liability arising from your use of any third party website or service. We encourage you to be aware that when you leave the Maxwell Platform and to read the terms and conditions of each other website that you visit.Advertising may be presented to you when you use the Maxwell Platform. You consent to receiving such advertisements. You also acknowledge and agree that Maxwell is not responsible for any products or services provided by advertisers outside of Maxwell, its subsidiaries, or its affiliated companies.The Maxwell Platform allows you, or could in the future allow you, to share content through various platforms, websites and mobile applications, including, but not limited to, Facebook and Twitter. You understand that Maxwell does not control what information gets published to those sites or who has access to that information. Those sites are managed by third parties and governed by the terms of use and privacy policies published on those sites.Copyright ComplianceIf you are a copyright owner or an agent thereof and believe that any user submission or other content on the Maxwell Platform infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Maxwell with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
DMCA claims may be sent to the following address:
DMCA claims can also be sent to Maxwell’s Copyright Agent via email at askmax@himaxwell.com (subject line: “DMCA Takedown Request”).If you believe that your User Data was removed (or to which access was disabled) pursuant to a DMCA Takedown request is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use such User Data, you may send a written counter-notice containing the following information to Maxwell using the contact information above. The counter-notice must include the following:
Upon receipt of an appropriate written counter notification from you, as described above, Maxwell will provide the person who provided the notification under the DMCA with a copy of the counter notification, and inform such person that Maxwell will replace the removed material or cease disabling access to it in 10 business days. Thereafter, Maxwell will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless Maxwell’s designated agent first receives notice from the person who provided notification under the DMCA that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Maxwell Platform.Dispute ResolutionPLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.YOU AGREE THAT BY USING THE MAXWELL PLATFORM YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST MAXWELL ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE PLATFORM OR SERVICES, OR YOUR DEALINGS WITH MAXWELL SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FEDERAL ARBITRATION ACT. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND MAXWELL AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN DENVER COUNTY, COLORADO. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE. IN ANY ARBITRATION PROCEEDING BETWEEN YOU AND MAXWELL IN CONNECTION WITH THESE TERMS, YOUR USE OF THE MAXWELL PLATFORM, OR YOUR DEALINGS WITH MAXWELL, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES AND COSTS IN SUCH ARBITRATION FROM THE OTHER PARTY.THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE MAXWELL PLATFORM, OR YOUR DEALINGS WITH MAXWELL MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2) YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION (i.e., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION) SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDINGS MUST BE BROUGHT EXCLUSIVELY IN THE STATE AND FEDERAL COURTS LOCATED WITHIN DENVER COUNTY, COLORADO, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE MAXWELL PLATFORM AND YOUR RELATIONSHIP WITH MAXWELL. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1–16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG.IF YOU WISH TO OPT OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE MAXWELL PLATFORM, OR SUBMIT THROUGH THE MAXWELL PLATFORM A REQUEST FOR INFORMATION, YOU MUST SEND US A LETTER STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:
In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state and federal courts located within Denver County, Colorado, as appropriate, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms will be governed by the laws of the State of Colorado, without giving effect to any principles of conflicts of laws.Disclaimer of WarrantiesWE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE MAXWELL PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE MAXWELL PLATFORM. THE MAXWELL PLATFORM, AND ALL OF THE INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE MAXWELL PLATFORM ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PORTION OF THE MAXWELL PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE MAXWELL PLATFORM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THE MAXWELL PLATFORM; (D) THAT THE CONTENT OF THE MAXWELL PLATFORM IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; AND (E) THAT MAXWELL PLATFORM WILL OPERATE WITHOUT INTERRUPTION OR ERROR.MAXWELL DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR, STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED MAXWELL SPOKESPERSONS. WE DO NOT ENDORSE, AND ARE NOT RESPONSIBLE FOR, ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER DATA, THIRD PARTY STATEMENTS, OR ANY OTHER CONTENT PROVIDED BY A THIRD PARTY, AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF MAXWELL. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS OR THE RULES, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE MAXWELL PLATFORM BE THE AMOUNT OF $100.IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE MAXWELL PLATFORM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MAXWELL PLATFORM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATE “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”IF YOU ARE ACCESSING THE MAXWELL PLATFORM FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE MAXWELL PLATFORM; (B) IRREVOCABLY WAIVE ALL LOSSES OF INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE MAXWELL PLATFORM; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE MAXWELL AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE MAXWELL PLATFORM; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST MAXWELL FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF MAXWELL AND ITS AFFILIATES AND ITS AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.IndemnificationYou agree to defend, indemnify, and hold harmless Maxwell, its past, present and future affiliates, licensors, advertisers, third party suppliers, other business partners, and service providers, and its and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, insurers and assigns (collectively, the “Maxwell Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to, directly or indirectly, your violation of these Terms or your use of the Maxwell Platform, including, but not limited to: (a) your negligence or misconduct; (b) any User Data you contribute to or submit through the Maxwell Platform, including without limitation information associated with your account; (c) your conduct, including your use of the Maxwell Platform; (d) your connection to the Maxwell Platform; (e) any violation or breach of these Terms; (f) your violation or infringement of any intellectual property, privacy, publicity, confidentiality, proprietary or other rights of any person or entity; (g) your use of the Content; or (h) your violation of applicable laws (collectively, the “Claims”).You are solely responsible for defending any such Claims, and for payment of any and all losses, costs, damages or expenses resulting from the foregoing. Maxwell shall have the right, in its sole discretion, to select its own legal counsel to defend the Maxwell Indemnified Parties from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Maxwell’s reasonable attorneys’ fees incurred in connection therewith. You shall notify Maxwell immediately if you become aware of any actual or potential claims, suits, actions, allegations, or charges that could affect your or Maxwell’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Maxwell, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any of the Maxwell Indemnified Parties.TerminationYou agree that Maxwell, in its sole discretion, may suspend or terminate your account (or any part thereof) of use of the Maxwell Platform and remove and discard any content within the Maxwell Platform for any reason, including, but not limited to, lack of use or if Maxwell believes you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your
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