Terms of Use
The Maxfield Report website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the The Maxfield Report website constitutes your agreement to these Terms of Use.
Modification of these Terms Of Use
The Maxfield Report reserves the right, at any time and without notice, to change the terms, conditions, and notices under which the The Maxfield Report is offered, including but not limited to the charges associated with the use of the The Maxfield Report. You are responsible for regularly reviewing the Terms of Use and additional terms posted on The Maxfield Report. Your continued use of the The Maxfield Report constitutes your agreement to all such terms, conditions, and notices.
Use Limitation
Unless expressly specified, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the The Maxfield Report. All rights not expressly granted herein are reserved.
Privacy Policy Statement
Please see the The Maxfield Report Privacy Policy Statement via the link at the bottom of this page for disclosures relating to the collection and use of your information.
Links to Third Party Sites
The The Maxfield Report may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of The Maxfield Report and The Maxfield Report is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Maxfield Report is not responsible for webcasting or any other form of transmission received from any Linked Site nor is The Maxfield Report responsible if the Linked Site is not working appropriately. The Maxfield Report is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Maxfield Report of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
The Maxfield Report shall not be responsible or liable for any part of any dealings with third parties (including advertisers) included within the The Maxfield Report or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions.
No Unlawful or Prohibited Use
As a condition of your use of the The Maxfield Report, you will not use the The Maxfield Report for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You will not use the The Maxfield Report in any manner which could damage, disable, overburden, or impair The Maxfield Report or interfere with any other party's use and enjoyment of The Maxfield Report. You will not attempt to gain unauthorized access to The Maxfield Report, other accounts, computer systems or networks connected to The Maxfield Report, through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through The Maxfield Report.
Use of Services
The Maxfield Report may contain chat rooms, forums, message boards, news groups, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
* Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
* Restrict or inhibit any other user from using and enjoying the Communication Services.
* Harvest or otherwise collect information about others, including e-mail addresses.
* Create a false identity for the purpose of misleading others.
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of The Maxfield Report or other user or usage information or any portion thereof.
The Maxfield Report has no obligation to monitor the Communication Services. However, The Maxfield Report reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Maxfield Report reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. The Maxfield Report reserves the right at all times to disclose any information as The Maxfield Report deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Maxfield Report's sole discretion. The Maxfield Report does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Maxfield Report specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials Provided to The Maxfield Report or Posted at The Maxfield Report Website
The Maxfield Report does not claim ownership of the materials you provide to The Maxfield Report (including feedback and suggestions) or post, upload, input or submit to The Maxfield Report or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Maxfield Report, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Maxfield Report is under no obligation to post or use any Submission you may provide and The Maxfield Report may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Content available through the The Maxfield Report
All content that is made available to view and/or download in connection with The Maxfield Report, excluding content may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of The Maxfield Report and/or its suppliers and is protected by copyright laws and international treaty provisions.
Liability Disclaimer
YOU EXPRESSLY ACKNOWLEDGE THAT THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH The Maxfield Report MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. The Maxfield Report AND/OR ITS RESPECTIVE PARTNERS OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN The Maxfield Report FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. The Maxfield Report AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT The Maxfield Report SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH The Maxfield Report. YOU SPECIFICALLY AGREE THAT The Maxfield Report IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT The Maxfield Report IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN The Maxfield Report BY ANY THIRD PARTY.
ADVICE RECEIVED VIA The Maxfield Report SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
IN NO EVENT SHALL The Maxfield Report AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF The Maxfield Report, WITH THE DELAY OR INABILITY TO USE The Maxfield Report OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH The Maxfield Report, OR OTHERWISE ARISING OUT OF THE USE OF The Maxfield Report, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BPI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT BPI'S LIABILITY, AND THE LIABILITY OF The Maxfield Report's SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO The Maxfield Report IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF The Maxfield Report, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING The Maxfield Report.
Indemnity
You agree to indemnify and hold BPI, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through The Maxfield Report, your use of The Maxfield Report, your connection to The Maxfield Report, your violation of these Terms of Use, or your violation of any rights of another.
Termination/Access Restriction
The Maxfield Report reserves the right, in its sole discretion, to terminate your access to The Maxfield Report and the related services or any portion thereof at any time, without notice. The Maxfield Report may also terminate or suspend your access to The Maxfield Report for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by The Maxfield Report. The amount of time that The Maxfield Report currently considers as an "extended" period of time is a period of inactivity of six months or at the discretion of The Maxfield Report. Upon termination of The Maxfield Report, your right to use the The Maxfield Report immediately ceases.The Maxfield Report shall not be responsible or liable for the deletion, failure to store, or failure to forward any messages or other information to you or any third party.
General
This Agreement shall be governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of The Maxfield Report. Use of The Maxfield Report is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Maxfield Report as a result of this agreement or use of The Maxfield Report. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Maxfield Report's failure to act with respect to a breach by you or others does not waive The Maxfield Report's right to act with respect to subsequent or similar breaches. Except as otherwise provided herein, this Agreement sets forth the entire understanding and agreement between The Maxfield Report and you with respect to the subject matter hereof.