Terms of Service
Last Updated on: 12.20.2023
These terms of service outline the general policies and practices of www.Maxablespace.com. The aim for Maxable is to provide useful, accurate and dependable information and services to homeowners. The terms set forth here are necessary for Maxable to provide its platform to users, thus users of the platform must agree to these terms.
PLEASE REVIEW THESE TERMS CAREFULLY. By registering an account or accessing or using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“). These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Maxable. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
THESE TERMS REQUIRE FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW THE SECTION BELOW TITLE “Binding Arbitration and Class Action Waiver” CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY SUCH CLAIM.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by these Terms; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL INFORMATION OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE OVER 18 YEARS OF AGE.
Key Definitions used in these Terms
“Content” means all content (including text, graphics, images, music, software, audio, video, information, data, and other materials) provided by Users, Maxable or licensed third parties which are uploaded to or otherwise made available through the Services.
“Homeowner” means a User who requests ADU Services via the Services or owns or controls the Property on or at which ADU Services are performed.
“Pro” means a User who will perform the ADU Services as requested by a Homeowner.
“Requests” means a request for references for ADU Services by a Homeowner/User.
“Services” means any ADU services provided to homeowners such as ADU planning, design, architecture, financing, lending, construction, building, installing, etc.
“User” means a person who uses the Services.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to or through the Services.
Grant of Rights
- Services License. Subject to and conditioned on your compliance with these Terms, Maxable hereby grants you, and you accept, a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license solely to use the Services to review, request, post availability of, and manage ADU Services. Your access to and use of the Services must further comply in all material respects with any usage guidelines posted on the Site by Maxable.
- Content License. Subject to and conditioned on your compliance with these Terms, Maxable hereby grants you, and you accept, a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license, to (i) access and view any Content solely for your personal purposes to use the Services and (ii) access and view any User Content to which you are permitted access. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Maxable or its licensors, except for the licenses and rights expressly granted in these Terms.
- Application License.
If you access the Services through a mobile application or any other software application (“Application”), then subject to and conditioned on your compliance with these Terms, Maxable hereby grants you, and you accept, a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal, non-commercial use to access the Services. If any mobile Application is downloaded by you from the iTunes App Store (each, an “iOS Mobile App”), your use of such iOS Mobile App is further subject to your compliance in all material respects with the terms and conditions of the Usage Rules set forth in the iTunes App Store Terms of Service. These Terms are between you and Maxable only, and not with Apple Inc. (“Apple”) or any other app store provider, and Apple is not responsible for iOS Mobile Apps and the contents thereof; however, Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to iOS Mobile Apps.
If you register and create an account directly via the Site (“Maxable Account”), we will create your Maxable Account for your use of the Services based upon your personal information. You agree to provide accurate, current, and complete information and Content during the registration process and to update such information to keep it accurate, current, and complete. Maxable reserves the right to suspend or terminate your Maxable Account in our sole discretion. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Maxable Account, whether or not you have authorized such activities or actions. You will immediately notify Maxable of any unauthorized use of your Maxable Account.
Disclaim of ADU Services Liability
Maxable is not a provider of ADU Services. You understand and agree that Maxable is not a Pro, builder, architect or any other type of ADU service provider. While Maxable may vet and recommend a Pro for your ADU, Maxable has no direct control over the conduct of such parties. Accordingly, Maxable is not responsible for any liability related to any Services, and is not responsible where the Homeowner, Pro, or third party service providers have violated any terms of their respective agreements with other Users or Maxable. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Users or third parties will be limited to a claim against the particular Users or other third parties who caused the harm and you agree not to attempt to impose liability on, or seek any legal remedy from Maxable with respect to actions or omissions of such third parties, including those arising from ADU Services or the Services.
When you, as a Homeowner, choose to enter into a transaction for the performance of any ADU Services (“Engagement”), you agree and understand that you are subject to any terms, conditions, rules and restrictions associated with such ADU Services, including the applicable fees and payment terms, imposed by the Pro. You agree to pay for the total fees for any ADU Services:
- Service Fees
- Payment. Maxable may collect service fees from Pros in consideration for providing the Services to both Homeowners and Pro. It is solely up to the applicable Pro and Homeowner to determine the fees and payment terms for the ADU Services, and Maxable will not be involved in such negotiations and have no liability with regard to such fees and payment terms. Except as otherwise provided herein, all fees for the Services are non-refundable.
- Taxes. All fees for the Services exclude any and all taxes and similar fees now in force, enacted or imposed in the future on the transaction, delivery of the Services, including any sales, use or value added taxes, goods and services tax, consumption tax, customs duties or similar charges, but excluding withholding taxes and taxes solely based on Maxable’s net income, and Pros shall be responsible for payment of all such taxes, duties and charges, and any related penalties and interest arising from the payment of such amounts (collectively, “Taxes”). If Pro is legally required to withhold any amounts to be paid to Maxable, Pro will deduct such Taxes from the amount otherwise owed, pay the tax to the appropriate taxing authority, and provide to Maxable on a timely basis properly executed certificates, receipts or other documentation as evidence of such Tax payment to the taxing authority, sufficient to permit Maxable to establish its right to a credit for such taxes against Maxable’s income tax liability. Pro shall provide Maxable with such assistance as Maxable shall reasonably request in connection with any application by Maxable to qualify for the benefit of a reduced rate of withholding taxation under the terms of any applicable income tax treaty. Pros and Homeowners are solely liable and responsible for determining your obligations to report, collect and remit Taxes associated with providing and receiving the ADU Services.
All Users understand and agree that you are solely responsible for compliance with any and all laws, rules and governmental regulations that may apply to your use of the Services. In connection with your use of our Services, you will not (and will not advocate, encourage, or assist any third party to):
– use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services or any Application, except as expressly permitted under these Terms;
– violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
– use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
– use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
– infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
– request, as a Homeowner, any ADU Services for a property that you do not yourself own or on which you do not have permission to allow ADU Services;
– offer, as a Pro, any ADU Services that you do not yourself perform;
– impersonate any person or entity, including Maxable personnel, or falsely state or otherwise misrepresent your affiliation with Maxable, or any other entity or person;
– when acting as a Pro, recruit or otherwise solicit any Homeowner or other User to join third party services or websites that are competitive to Maxable, without Maxable’s prior written approval;
– use the Services to find a Homeowner or Pro and then complete a booking of a ADU Service transaction independent of the Services in order to circumvent the obligation to pay any fees related to Maxable’s provision of the Services;
– post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
– provide use of the Services on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the Services on any other server, or wireless or Internet-based device; or use Maxable’s name, any Maxable trademark, logo or other proprietary information, or the layout and design of any page or form contained on the Site, without Maxable’s express written consent; or
– attempt to decipher, translate, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or otherwise attempt to derive trade secrets, know how, or the source code, architectural framework, or data records, within or associated with the Services.
Maxable will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Maxable’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of these Terms by Maxable, and does not create a private right of action for any other party. Maxable reserves the right, at any time and without prior notice, to remove or disable access to any Content that Maxable, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
Maxable reserves all rights in the Services and Applications not expressly granted by these Terms. The Services (including the Content) are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services, including all associated intellectual property rights is the exclusive property of Maxable and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. All trademarks, service marks, logos, trade names and any other proprietary designations of Maxable used herein are trademarks or registered trademarks of Maxable. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- Rights to User Content. We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Services, you hereby grant to Maxable a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access and view such User Content on, through, or by means of the Services. Maxable does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services, or you have all rights, licenses, consents and releases that are necessary to grant to Maxable the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Maxable’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, duty of confidentiality, or result in the violation of any applicable law or regulation.
- Responsibility for Content. Despite the foregoing, Maxable has no duty to review any User Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Maxable is not responsible for any User Content, although Maxable reserves the right in its sole discretion to pre-screen, refuse or remove any User Content from the Services at any time and without notice. You acknowledge and agree that all Content is the sole responsibility of the person or entity from whom such Content originated. This means that you, and not Maxable, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services, and other users of the Services, and not Maxable, are similarly responsible for all other User Content they upload, post, email, transmit or otherwise make available through the Services. Without limiting the generality of the foregoing sentence, Maxable shall have the right to remove any User Content that violates these Terms or that it deems objectionable.
- Copyright Complaints. Maxable complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Maxable.
If you have objections to copyrighted content or material made available on or through our Services, you may submit a notification to our Designated Agent at the following address:
17141 Ventura Blvd #200, Encino CA 91316.
Any notification to Maxable under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
– An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
– An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
– An identification of the content or material that you claim is infringing and where it is located on our Services;
– Information sufficient for Maxable to contact you, such as your address, telephone number, and/or email address;
– A statement by you that you have a good faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
– A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
We welcome and encourage you to provide feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at feedback@Maxablespace.com. If you elect to provide or make available to MAXABLE any Feedback, MAXABLE shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
You may cancel your Maxable Account at any time via the “Cancel Account” feature of the Services or by sending an email to cancel@Maxable.com. If you cancel your Maxable Account you will still be obligated to pay your financial responsibilities under these Terms. Please note that if your Maxable Account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAXABLE EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MAXABLE MAKES NO WARRANTY THAT THE SERVICES, APPLICATIONS, OR ANY ADU SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE. MAXABLE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ADU SERVICES, THE SERVICES, OR APPLICATIONS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAXABLE OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE AND AGREE THAT MAXABLE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, PROS AND HOMEOWNERS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR REQUESTS AND ENGAGEMENTS OF ADU SERVICES VIA THE SERVICES REMAINS WITH YOU. NEITHER MAXABLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, OR CONTENT WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA, USE, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAXABLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL MAXABLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO MAXABLE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO THE LIABILITY (IF YOU ARE THE PRO), OR ONE HUNDRED DOLLARS ($100) (IF YOU ARE THE HOMEOWNER). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.
You agree to release, defend, indemnify, and hold Maxable and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, actions, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Application or Services, including the Site and Content, or your violation of these Terms; (ii) your User Content; (iii) your interaction with any other User, (iv) your Engagement of ADU Services, (v) your creation of or information provided in a Request, or (vi) the use, performance, or results of ADU Services, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of the ADU Services.
- Generally. These Terms constitute the entire and exclusive understanding and agreement between Maxable and you regarding the Services, Applications and any Engagements or Request for ADU made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Maxable and you regarding the Services. These Terms supersede all prior and contemporaneous oral or written negotiations and agreements between you and Maxable with respect to such subject matter.
- Conflicts. Certain areas of the Site or portions of the Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site or portion of the Services, the latter terms and conditions will take precedence with respect to your use of or access to those Sites and Services.
- Modification. Maxable reserves the right, at its sole discretion, to modify the Services and these Terms, including fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Maxable’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect, and Maxable may immediately terminate these Terms and your access to the Services as a result. Maxable may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, and their permitted successors and assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Maxable (i) via email at (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Notice to Maxable may be sent to: feedback@Maxable.com.
- Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to these Terms, regardless of the states in which the parties do business or are incorporated.
- Binding Arbitration and Class Action Waiver
ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THESE TERMS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Los Angeles, California or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING CLASS ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN LOS ANGELES, CALIFORNIA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
If Maxable implements any material change to this Section, such change shall not apply to any such claim for which you provided written notice to Maxable before the implementation of the change.
- Right to Preliminary and Injunctive Relief
Despite any other provision herein, each party agrees that money damages would be an inadequate remedy in the event of a breach or threatened breach of the provisions in these Terms protecting such party’s intellectual property or such party’s confidential information, and that in the event of such a breach or threat, such party, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting the other party from taking actions in breach of such provisions), without the need for posting bond, as well as specific performance as may be appropriate to preserve all of such party’s rights.
The failure of Maxable to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms may not be amended by you except in a writing executed by you and an authorized representative of Maxable. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. For the purposes of these Terms, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” Any prevention of or delay in performance by Maxable hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
If you have any questions about these Terms or any App Store Sourced Application, please contact Maxable at firstname.lastname@example.org.
HOW MAXABLE MAY SHARE YOUR INFORMATION
Maxable may share information about you with its affiliates, users of the Services, and business associates and service providers that perform services on Maxable’s behalf in connection with the Services.
The Listing and Engagements of ADU Services, as well as the ratings and reviews of Pros, are visible to all users of the Services. If you post your project details, you authorize Maxable to publish and list that Engagement, and related information, publicly via the Services and enable third parties to publish it on their websites.
If you make a Engagement via the Services, Maxable may share the following information about you with the applicable User: (i) your first and last name, email and phone number, (ii) the names of any members of a third party service with whom you are connected or associated on such service; and (iii) in certain cases your billing information.
We also may share your personal information with third parties for industry analysis, demographic profiling and other purposes, provided that such information has been de-identified or aggregated with the information from other customers or users in a manner that does not allow such information to be separated from the aggregate information and identified as originating from you.
We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform other related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Maxable Users and improvement of the Services features) or to assist us in analyzing how our Services and Applications are used. These third parties may have access to your personal information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide personal information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications.
Compliance with Laws and Law Enforcement
Maxable cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the applicable property and rights of Maxable, a User, or a third party, to protect the vital interests or safety of the public or any person, to prevent or stop activity we may consider to be, or to pose a risk of being, illegal or unethical, or pursue legally permissible actions.
Maxable may sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Your Rights Over Your Information
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at email@example.com or editing the relevant part of their profile. If you would like us to cancel your Maxable Account, please contact us. Please note that, if you cancel your Maxable Account, any reviews you have posted via the Services will remain publicly viewable via the Services. Please see below for privacy contact information.
Accessing and Managing Your Personal Information
Controlling Your Settings
You can manage settings through the settings menu on the Services. You can limit your browser or mobile device from providing certain information by adjusting the settings in the browser, operating system or device. Please consult the documentation for the applicable browser, operating system or device for the controls available to you. You can also stop receiving promotional emails from Maxable by following the unsubscribe instructions in those emails. Note that unsubscribe is not available for certain emails, such as those concerning your relationship or dealings with Maxable and those necessary to provide the Services.
Please also note when you post a message in a Maxable blog, forum, chat room, review, or customer feedback, the information you post may be accessible to other users of the Services and the public. If you post personal information anywhere on the Services that is accessible to other users or the public, you are advised that such personal information can be read, collected, used, or disseminated by others and could be used to send you unsolicited information or otherwise. Accordingly, you assume full responsibility for posting such data and agree that Maxable is not responsible in any way for such publicly posted personal information.
You can learn more about targeted ads and your choices to prevent third parties from delivering targeted ads to your browser or device by visiting http://optout.networkadvertising.org/ and http://optout.aboutads.info/. You should be aware that even if you opt out of targeted ads, you may still see ads within the Services, although the ads may not be tailored to your interests.
Do Not Track
How Maxable Stores and Protects Your Information
Maxable takes technological and organizational measures to protect the information you provide through the Services against loss, theft, and unauthorized access, use, disclosure or modification. Maxable complies with applicable data protection laws, including applicable data breach notification laws, to protect your information.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Services, you can contact us. However, Maxable cannot ensure or warrant the security of any information you transmit to Maxable or guarantee that information within the Services will not be accessed, disclosed, altered or destroyed. Communications sent to or from the Services may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to Maxable via email.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal information to you via email or conspicuous posting on the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
ADDITIONAL PRIVACY INFORMATION
Your California Privacy Rights
Under California Civil Code Section 1798.83, if you are a California resident and your business relationship with us is primarily for personal, family or household purposes, you may request certain data regarding our disclosure, if any, of personal information to third parties for the third parties’ direct marketing purposes. You may make such a request up to once per calendar year. If applicable, we will provide to you via email a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately-preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by Section 1798.83’s requirements. You may also have rights under California law to request that your personal information not be sold. To make any requests outlined in this paragraph, please send an email to privacy@Maxable.com with “Request for California Privacy Information” in the subject line.
Links to Other Websites
Our Services contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, and solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
With your consent we may post your testimonials, feedback, and other comments regarding the Services along with your name. If you want your testimonial removed please contact us at firstname.lastname@example.org.
Our Policy Toward Children
The Services are not directed to individuals under 18 and we do not knowingly collect personal information from children under 18. If you are under the age of 18, you may not use the Services or submit any personal information through the Services. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us. If we become aware that a child under 18 has provided us with personal information, we will delete such information from our files.