PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF the MAX Allowance® Considerate Cash Offer™! service, a service that enables users to communicate with merchants through instant messaging or other means of electronic communication using a browser-based user interface (the "Service"). By using the Service, you agree to these Terms of Use (these "Terms"). If you do not agree to these Terms, you should not use the Service.
These Terms do not apply to the website from which you initiate the Service or any other websites that include links to the Service. Those websites have their own terms of use.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using the Service after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them.
By using the Service, you agree to be legally bound and to abide by these Terms, just as if you had signed these Terms as a legally binding agreement. If you do not accept these Terms, please do not use the Service.
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use the Service, provided that you comply fully with the provisions of these Terms.
You understand that all information, data, text, files, and other materials that are generated by you and the merchant with whom you are corresponding through the Service (collectively, the "IM Conversation Content") are the sole responsibility of the person from which such IM Conversation Content originates. This means that you, not Chroma Cars, LLC DBA MAX Allowance®, are entirely responsible for all IM Conversation Content that you upload, post, or otherwise transmit via the Service. Chroma Cars, LLC DBA MAX Allowance® does not control the IM Conversation Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of the IM Conversation Content. You understand that by using the Service, you may be exposed to IM Conversation Content that is offensive, indecent or objectionable. Under no circumstances is Chroma Cars, LLC DBA MAX Allowance® liable in any way for any IM Conversation Content, including, but not limited to, for any errors or omissions in any IM Conversation Content, or for any loss or damage of any kind incurred as a result of the use of any IM Conversation Content posted or otherwise transmitted via the Service.
You understand that the technical processing and transmission of the Service, including your IM Conversation Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Certain versions of the Service provide you with the ability to request a transcript of the instant messaging conversations you conduct through the Service (the "IM Conversations"). You will be required to provide a valid email address in order to use this optional feature.
Your communication or business dealings with merchants through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the merchant. You agree that Chroma Cars, LLC DBA MAX Allowance® is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.
Merchants may provide links to other websites or web resources in their IM Conversations. Because Chroma Cars, LLC DBA MAX Allowance® has no control over those websites and resources, you acknowledge and agree that Chroma Cars, LLC DBA MAX Allowance® is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from those websites or resources. You further acknowledge and agree that Chroma Cars, LLC DBA MAX Allowance® is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
You acknowledge that we or the Provider of the website from which your IM Conversations are initiated own the transcripts of the IM Conversations you conduct through the Service, including the IM Conversation Content, and that we will keep those transcripts and content, and that we may share them as described in our Privacy Policy and with the Provider of the website from which your IM Conversations are initiated.
You acknowledge that the pop-up screens or windows associated with the Service contain information, software, photos, text, graphics and other materials (collectively, the "Non-IM Conversation Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Non-IM Conversation Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Non-IM Conversation Content. All trademarks appearing on any pop-up screen or window associated with the Service are trademarks of their respective owners. MAX Allowance®, the MAX Allowance® logo and the MAX Allowance® icon are trade names and the registered trademarks and service marks of Chroma Cars, LLC DBA MAX Allowance®. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Non-IM Conversation Content that they make available on pop-up screens or windows associated with the Service.
You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Non-IM Conversation Content, in whole or in part. When Non-IM Conversation Content is downloaded to your computer, you do not obtain any ownership interest in it. Modification of the Non-IM Conversation Content or use of the Non-IM Conversation Content for any other purpose, including, but not limited to, use of any Non-IM Conversation Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent. Without our prior written permission, you may not frame any of the Non-IM Conversation Content, or incorporate into another website or other service any of our intellectual property.
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms by this reference.
As a condition of your use of the Service, you represent and warrant that you will not use it for any purpose that is unlawful or prohibited by these Terms. In doing so, you agree to be solely responsible and liable for your acts or omissions arising from or related to the Service. By ways of example, and not as a limitation, you agree not to use the Service to:
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) YOUR USE OR YOUR INABILITY TO USE THE SERVICE; (B) THE USE OF ANY IM CONVERSATION CONTENT, (C) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY MERCHANT WITH WHOM YOU COMMUNICATE THROUGH THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICE.
You agree to indemnify and, at our option, defend Chroma Cars, LLC DBA MAX Allowance® and its officers, directors, employees, stockholders, agents and representatives from all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from (i) any IM Conversation Content you submit, post, transmit or make available through the Service, (ii) your improper use of the Service or (iii) your violation of these Terms.
These Terms are governed by and must be construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Service or these Terms must be filed only in the state or federal courts located in the Northern District of the State of Georgia and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
In any action against us arising from the use of the Service, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision must be modified to the minimum extent necessary to make it enforceable.
These Terms, including the Privacy Policy constitute the entire agreement between you and us relating to their subject matter.
These Terms may be modified only by our posting of changes to them on the pop-up screen or window from which you initiate your IM Conversation, or by written agreement between us. Each time you access the Service, you will be deemed to have accepted all such changes.
We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees.
Any failure by us to insist upon or enforce your strict performance with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in any other instance; rather, the same will be and remain in full force and effect.
If you have any comments or questions about these Terms, please contact us.
Chroma Cars, LLC DBA MAX Allowance®
228 Waterfall Drive, Suite B
Elkhart, IN 46516
+1-800-501-0592
privacy@MAXallowance.com
(Last modified as of November 15, 2017)