Terms of Use Agreement Effective as of: December 1, 2023

Thank you for reading our Terms of Use Agreement. This is a slog and we dislike having to post this but must as this is (“Agreement,”) due to insurance and legal in Canada and the USA. You must agree to this Agreement if you’re going to use the website provided, subscription service or any of the services we offer here at WebMax Marketing Inc., via the website you use, access or through mobile applications or any service we provide you. We’ve provided some simplified wording to summarize key points, please remember it is legally binding. Thanks for joining us at WebMax Marketing Inc.! ‍ We encourage you to read and familiarize yourself with the agreement, which takes effect on December 1, 2023. If, for any reason, these terms are not acceptable to you, please promptly inform us at WebMax Marketing Inc., and we advise refraining from using any of our websites and/or services. We appreciate your understanding and assistance.

PIPEDA HIPAA Disclaimer - For businesses in the medical and healthcare industries, we want to make sure you’re aware that our products and services may not be compliant with PIPEDA and HIPAA. Your use of the provided website, subscription and/or any services is at your own risk. 

Electronic Communication - You consent to us sending you text, email messages or social media messages. 

This Agreement explains what we do as a service provider and your what you do as a User of the website, subscription or any services we provide. So let's start and first out of the gate if you are under the age of 13, you may not use this Site or any sites or services by WebMax Marketing Inc. (This is what we have to do, it's not that under 13 isn't capable, it's the law in most provinces and states).

By using the website, creating, or accessing your WebMax Marketing Ltd. account, including subscription services or by signing in with a third-party service or partner (such as Google, Yahoo, Payment Portals, 3rd Party Applications), or by otherwise using the Services we offer, you are agreeing to be bound by the Agreement without any modification or qualification. IF YOU ARE DISSATISFIED WITH THE AGREEMENT, OUR RULES, POLICIES, GUIDELINES OR PRACTICES, OR OUR OPERATION OF THE WEBMAX MARKETING LTD. WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBMAX MARKETING LTD. WEBSITE, WEBSITES, SUBSCRIPTION AND/OR OUR SERVICES. If for any reason you are unable to meet all the conditions set forth in this Agreement or if you breach this Agreement, your permission to access or use our Services or our provision of any services with WebMax Marketing Ltd. immediately lapses.

We offer a number of additional services (collectively, “Services”). When you use a WebMax Marketing Inc. Service, you are subject to the Terms.

This Agreement, including any applicable Services, is the entire agreement between you and us, and supersedes all previous communications, representations, or agreements, either oral or written between you and us with respect to this subject matter.

We reserve the right to modify or change the Agreement at any time by posting a new or revised Agreement to the WebMax Marketing Inc. Website. Your use of the website or the creation or access to your WebMax Marketing Ltd. account/website/service is subject to the most current Agreement posted on the Site. You may not modify or amend this Agreement in whole or in part. 

Definitions In addition to the terms defined elsewhere in this Agreement, the terms below will have the following meanings as used throughout this Agreement:

“Agreement” refers to this Terms of Use Agreement, any applicable Service Terms, and any posted rules, policies, or guidelines applicable to the use of the website or the Services, all of which are incorporated by reference. "Authorized User(s)” means, you, our customer as a Subscriber to services, employees and Guest Collaborators who are authorized to access the website and use the Services on behalf of the applicable Subscriber. "User Data” means all data. “Guest Collaborator” means a Person, other than a Subscriber’s employee, such as an independent contractor or agent of the Subscriber, who is authorized to access certain or all parts of your subscriber based website, WebMax Marketing website, payment portals, 3rd party applications on behalf of the Subscriber. “Law(s)” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, other requirement, or rule of law of any federal, state, local, provincial, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction. "Person" means an individual (including a sole proprietor), corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity. “Service” and “Services” mean our online services and other small business–related services, our Support, and any Additional Services we offer through the website from time to time. “Site” means this website (www.webmax.ca,www.webmaxseo.com, www.webmaxmarketing.ca or any social media accounts etc.), and all related web pages, and all related websites operated by applicable subsidiaries of WebMax Marketing Ltd., includes any third-party websites which are linked to or may link from the Site whether or not such third-party websites are used in connection with the Services. “Subscriber” means any Person who maintains an account with us through which that Person or its Authorized Users access the website or use the Services. “Support” means any technical support and assistance we provide to Users. “User(s)” means any Subscriber, Authorized User, or other Person who visits, accesses, or uses the website or the Services. “WebMax Marketing Ltd.”, “we”, “us” and “our” each mean WebMax Marketing Ltd. and its applicable subsidiaries that assist in providing the website or the Services.

License Grant - WebMax Marketing Ltd. grants you a non-exclusive, non-transferable limited license to use the website, the Services, and related resources for your business in accordance with this Agreement. You agree not to infringe on our intellectual property rights or the intellectual property rights of any third parties with whom we have business relationships, and you will comply with the terms of any applicable license agreements.

You agree that this Agreement and any Communications that we may provide to you from time to time comply with the requirements of any applicable Law regarding the effectiveness of electronically executed contracts or electronically delivered documents, including the requirement that such contracts or documents are in writing, and are capable of being retrieved, reviewed, printed and stored for further use by you.

By accepting this Agreement, you agree and consent to receive electronically all communications, contracts, disclosures, and other communications that we provide in connection with your account and your use of the website or the Services (collectively, “Communications”). Communications include but are not limited to:

Agreements and policies including updates thereto;

Communication in relation to accounts, (which may also be by phone, and may be made by WebMax Marketing Ltd.);

We will provide Communications to you by email, addressed to you at the primary email address listed in your account registration that you provided us, which email may include a link or instructions on how to access the Communication on a website, or by posting them on the Site. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to the Site. You further agree that delivery to your email address has the same effect as your manual, physical signature.

By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your account at a later date.

Changing Your Communication Preferences

If you ever decide that you no longer wish to receive electronic communications from us, you're welcome to change your preferences. Simply reach out to our Customer Support team, and they will assist you in updating your settings.

Please be aware, though, that opting out of electronic communications may affect your experience with us. It could lead to limitations on your account, such as the inability to register for new services or, in some cases, may result in the restriction or closure of your existing account. We're here to help you with any concerns or questions you might have about this process.

Collaboration - You can authorize Guest Collaborators to access and use certain parts of the website on your behalf and be aware they will have access to your account information. If you administer your account on behalf of a business or corporation, you represent and warrant that you have the right to provide access to your Guest Collaborators.

Changes to the Website - We may, without notice or liability, add, discontinue or revise any aspect, mode or design of the website or the Services, such as the scope of the Services, time of service, or to the software/hardware required for access to the website or the Services. We may also limit the geographic locations or jurisdictions where certain Services may be available. In short, sometimes things change and we will communicate with you in the event they do, however we may have no choice but to make such changes.

Limited Remedies Should there be a failure or error, omission, defect, deficiency, delay causing downtime, or inability to access the website or the Services WebMax Marketing Inc. provides for any length of time, including as a result of the permanent termination of Service, you acknowledge and agree that, to the fullest extent permitted by applicable Law your only remedy for any error, omission, defect, deficiency, delay or other failure of the website or the Services whatsoever is to discontinue using the website and the Services.

Information You Provide: You are solely responsible for the accuracy and completeness of the data you input. WebMax Marketing Inc. does not verify the information you enter and is not responsible for its accuracy.

Consent to Monitoring: You authorize the company and its associates to monitor your subscription account and usage.

Compliance with Privacy & Data Security Laws: You warrant that you have all necessary consents and comply with applicable laws, especially privacy laws, in your use of the services.

Consent to Privacy Policy: By using the services, you agree to the terms of the company's Privacy Policy, which includes the use and disclosure of personal information.

Other Information You Provide Us: If you provide personal information about others, you must ensure you are authorized to disclose it and that the company may use it according to its Privacy Policy.

Conditions of Usage: The services are intended for business use only. You agree to use them only as intended and provide accurate, current, and complete information.

Responsibility for Account Security: You are responsible for keeping your account details secure and are liable for any unauthorized use.

Data Security: You must only enter Data in the designated fields and are responsible for any misuse of data entry fields for the website or portals, 3rd party applications.

Online Access to All Services Including Third-Party Services: Some online services like payments, invoicing, online forms, website platforms, Wordpress for example and others are provided by external parties. You agree to hold WebMax Marketing Inc. harmless for use of these services either by yourself or on your behalf.

Professional Services Disclaimer: WebMax Marketing Inc. does not endorse or guarantee the quality of professional services (like Wordpress for example) and is not liable for any loss or liability from using these or any services.

Copyrights, Trademarks, and Intellectual Property Ownership of WebMax: WebMax Marketing Inc. owns the intellectual property rights to all websites, including web content, designs, and software. However, the data you input remains your property.

Usage Rights: You grant WebMax Marketing Inc. a license to use your data and all content for service delivery.

Protection of Materials: You cannot duplicate, modify, or distribute website content or software without consent.

Trademarks: Use of WebMax Marketing Inc. does not grant rights to use WebMax Marketing Inc.'s trademarks or logos.

Prohibited Use Lawful Use: You must only use the information stored within WebMax Marketing Inc. website and/or services provided to you for lawful purposes and not for fraudulent or harmful activities.

Content Restrictions: Do not upload or distribute illegal, fraudulent, libelous, offensive, or objectionable material to the website or any service provided to you by WebMax Marketing Inc.

Access Interference: Do not interfere with other authorized users' access to WebMax Marketing Inc. website or services.

Data and Security: Do not upload content that infringes on intellectual property, imposes excessive load on systems, or contains harmful software like viruses.

While it might seem obvious, we are required to state: neither you nor your collaborators should try to gain unauthorized access to our system, subscriptions, services, or other users' accounts. Additionally, please refrain from using WebMax Marketing Inc.'s services and content for unauthorized activities, like reselling or sublicensing. Your cooperation in this matter is greatly appreciated.

Limitation of Liability Release of Liability: You release WebMax Marketing Inc. from liability connected to the use of the website or subscription, any services, including third-party services, data loss, errors, unauthorized access, and more.

Exclusion of Damages: WebMax Marketing Inc. is not liable for indirect, consequential, or punitive damages arising from the use of the website, subscriptions or services. 

Disclaimer of Warranties: WebMax Marketing Inc. provides the services "as is" and disclaims implied warranties, such as merchantability or fitness for a particular purpose.

User's Responsibility: You acknowledge the use of WebMax Marketing Inc. website, subscription and/or services is at your own risk and agree to verify the results obtained from their use.

These limitations are essential to maintain the affordability of WebMax Marketing Inc.'s products and services. This approach streamlines our processes, ensuring accessibility and cost-effectiveness for a diverse user base, and is a fundamental aspect of our agreement, reflecting our commitment to high-quality, reasonably priced services.

Termination of Service Company-Initiated Termination: WebMax Marketing Inc. can terminate your account for any reason, including breach of agreement, suspected fraud, or account compromise.

User-Initiated Termination: You can terminate your account by sending us via email intention to terminate.

Ownership and Disclosure of Information Data Ownership: You own your business data and information used in the service.

Disclosure: WebMax Marketing Inc. may disclose your data for legal reasons, fraud prevention, or court orders but will attempt to notify you.

Third Party, APIs, and Content, Third-Party Services: WebMax Marketing Inc. is not responsible for third-party services, websites, or APIs linked or integrated with the service.

Liability and Risks: third-party services are at your own risk, and WebMax Marketing Inc. is not liable for these services.

Authorization to Export Data Data Export: Your information may be exported outside of Canada and the United States for processing, potentially making it accessible to foreign governments.

Force Majeure Non-Liability for Unforeseen Events: WebMax Marketing Inc. is not liable for service interruptions caused by events beyond its control. 

Arbitration (“Arbitration Provision”) - WebMax Marketing Inc. General Overview Mandatory Arbitration: Disputes between you and WebMax Marketing Inc. (and related parties) are resolved through binding individual arbitration, not in court. This includes disputes arising before, during, or after the termination of services.

Waiver of Rights: By agreeing, you waive the right to a trial by jury or to participate in class, representative, joint, or consolidated actions in court or arbitration. 

Pre-Arbitration Process Notice Requirement: Before arbitration, you must send a written Notice of Dispute to WebMax Marketing Inc.

Arbitration Rules and Process Governing Rules: Arbitration is governed by the American Arbitration Association's (AAA) rules, tailored by this provision.

Arbitrator Selection: Arbitrators are either retired judges or licensed attorneys, selected through a specified process.

Hearing Location: Hearings will occur in British Columbia Canada. Arbitration Costs. Fee Arrangements: Fees are governed by AAA rules. Restrictions on Arbitration Individual Basis Only: Arbitrations must proceed on an individual basis, not as class action, representative, or consolidated claims. Other Terms Governing Laws: Governed by the Federal Arbitration Act and applicable federal laws. Severability and Precedence: If parts of this provision are deemed invalid, the rest remains in effect. This provision supersedes prior arbitration agreements.

Canadian Customers Special Provisions for Canadians: Claims are arbitrated in Canada according to commercial arbitration rules of the province where you reside. You waive rights to class actions against WebMax Marketing Inc.

Severance Severability of Provisions: If any provision of the agreement is deemed unenforceable, the remaining provisions stay in effect, except as stated in the Arbitration Provision.

Governing Law Law Applicability: For U.S. residents, the state law where the agreement is accepted applies, except for arbitration matters. For others, laws of each province and Canada govern.

Legal Status of WebMax Marketing Inc. Company Ownership: WebMax Marketing Inc. owns various websites and product names. It is incorporated under British Columbia, Canada.

Language of Agreement: The agreement and related documents are in English only.

Information Received from Third Party Services

Third-Party Account Access: If you or WebMax Marketing Inc. link WebMax Marketing Inc. to third-party accounts, you authorize them and their data providers to access your account information for example appointment making applications or Google.

Registration Information Account Security: Users are responsible for maintaining the confidentiality and security of their account credentials.

Consumer Issues Usage Restriction: WebMax Marketing Inc. is for business use purposes.

No Waiver Enforcement of Rights: Delay in exercising rights or waiver of a single breach does not waive other breaches or rights.

Copyright Infringement: Users agree not to infringe on others' copyrights. 

Wow! You made it to the end. Thank you! - Team WebMax