PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site or the site at www.maximizer.com or www.maximizercrmlive.com, including without limitation to the Maximizer CRM Central site at www.maximizercrmcentral.com (collectively, the "Site"), you accept these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use the Site.
Except where stated otherwise, the term "Maximizer" used on the Site shall be deemed to include Maximizer Software Inc. and its affiliates, subsidiaries, successors and assigns.
Maximizer reserves the right, at its discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check these terms and conditions periodically for changes. Your continued use of the Site following the posting of changes to these terms and conditions will mean you accept those changes.
Additional terms and conditions of use, available at www.maximizercrmcentral.com apply to Maximizer CRM Central.
Additional terms and conditions of use, available at www.maximizercrmlive.com apply to Maximizer CRM Live.
Restrictions on Use of Materials
Maximizer owns and operates the Site. Maximizer and Maximizer Enterprise are registered trademarks of Maximizer. Other registered and unregistered trademarks, related words, domain names and logos which are the property of Maximizer may appear from time to time on the Site. All other trademarks, product names and company names or logos cited herein which are not the property of Maximizer are the property of their respective owners. Maximizer’s trademarks may not be used without Maximizer’s express authorization and, without limiting the generality of the foregoing, Maximizer’s trademarks may not be used in connection with any products or services which are not Maximizer’s or authorized by Maximizer, or in any manner that is likely to cause confusion among customers or potential customers of Maximizer, or in any manner that disparages or discredits Maximizer. For further information please refer to the Trademark and Logo Usage Policy section of this Site.
All material contained on the Site including the content, site design, text, graphics, the selection and arrangement of the foregoing, PDFs and files offered for download or made available upon request are the copyright of Maximizer (unless otherwise expressly stated). No material from the Site or any website owned, operated, licensed, or controlled by Maximizer may be copied, reproduced, republished, linked to, framed, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
You may not display or provide for display pages from this Site in a frame less than the entire size of display space on a browser program. If you wish to link to this Site, please contact us to obtain our prior written approval. Failure to obtain such approval in advance is a violation of this agreement and an infringement of Maximizer’s copyright and other proprietary rights, and is expressly prohibited. Modification of the materials or use of the materials for any other purpose than those described above is a violation of Maximizer’s copyright and other proprietary rights, and is also strictly prohibited.
Use of the software made available on the Site is subject to the software license terms set forth in a Maximizer software license. The software license agreement is available for review whenever software is downloaded at the Site.
Third Party Companies and Products
Mention of third party products, companies and web sites on the Site is for informational purposes only and constitutes neither an endorsement nor a recommendation.
Maximizer assumes no responsibility with regard to the selection, performance or use of such third party products or vendors. Maximizer provides this only as a convenience to our users. Maximizer has not tested any software found on such third party sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Maximizer assumes no liability with respect to the performance or use of such third party products. For any third party products that you order through Maximizer, all licenses and warranties, if any, take place between you and the third party.
General Disclaimer and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
THE SITE, THE SERVICES, THE SOFTWARE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS. MAXIMIZER MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS (INCLUDING WITHOUT LIMITATION SOFTWARE, PRODUCT DESCRIPTIONS AND PRICES) OR THE SERVICES.
MAXIMIZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER EXPRESSLY ACKNOWLEDGES THAT (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE SITE INCLUDING WITHOUT LIMITATION HOW CURRENT IT IS, ITS ACCURACY, ITS COMPLETENESS, ITS AVAILABILITY, ITS SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, ANY HYPERLINKED WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (ii) AS A SERVICE TO USERS OF THE SITE MAXIMIZER INCLUDES LINKS TO OTHER WEBSITES THAT MAXIMIZER HAS NO CONTROL OVER, AND MAKES NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST MAXIMIZER WITH RESPECT TO SUCH WEBSITES.
NONE OF MAXIMIZER OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION CONTAINED ON IT, ANY SOFTWARE MADE AVAILABLE TO DOWNLOAD ON THE SITE, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF USER PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SITE.
Security and Privacy
Maximizer strives at all times to protect the security and privacy of any information you provide over the Internet to Maximizer. However because of the inherent nature of the Internet, Maximizer cannot guarantee that this information will not be improperly accessed or used by third parties. You are submitting this information over the Internet to Maximizer at your own risk. For further information please refer to the Privacy Statement section of this Site.
Product and Service Information
Maximizer may include on this Site product or service descriptions for products or services that may be featured in Maximizer advertisements. For any discrepancies between the information provided on this Site and the information in such advertisements, this website shall be determinative, subject to Maximizer’s ability to correct errors and omissions at any time.
We cannot guarantee the availability of any products or services described on the Site. All prices shown are before any applicable tax. Maximizer reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request.
While Maximizer strives to provide accurate product and pricing information, pricing or typographical errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained in this Site and any information included is subject to change by Maximizer at any time. Without limiting the generality of any other terms and conditions on this Site, Maximizer does not accept liability for any errors or omissions which may be found on this Site or for unavailability of any product.
You agree to indemnify, defend and hold harmless Maximizer, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity (including negligent or wrongful conduct) related to your use of the Site.
Governing Law and Jurisdiction
The Site is controlled by Maximizer from its office within the Province of British Columbia, Canada. This Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of British Columbia, Canada, by accessing this Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable to the Province of British Columbia, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws.
In the event that any parts of any terms and conditions are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those terms and conditions will not fail on account thereof, and the balance of the terms and conditions will continue in full force and effect. The terms and conditions on the Site constitute the entire agreement between you and Maximizer governing your use of the Site. You may also be subject to other terms and conditions when you access other sites or other portions of the Site (if specified) or if you access or purchase third party content or software. The failure or delay of Maximizer in exercising any right or remedy under the terms and conditions or otherwise shall not constitute a waiver of such right or remedy. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
Return Policy and Shipping Terms
Please refer to the Return Policy and Shipping Terms section of this Site.