Terms and Conditions
Effective date: September 5^th, 2023

Introduction

Opening a new business can be a path to living a dream of financial freedom and abundance, beyond what could be possible while being employed by another person or entity. And it also involves great personal and financial risks. One in three businesses close their doors within the first 2 years, which is often an extremely difficult period with great time, effort, and money invested, while seeing little, if any, return. Financial risks may include up to the total loss of the entrepreneur's assets and the opportunity costs of the enormous time investment that is lost with a business when it fails. Personal risks include burnout, and issues that can result from significant failures, the social ramifications, and self-perception issues like a sense of disgrace, loss of dignity, status, and the former sense of security. Being an entrepreneur is inherently unsafe, but in a positive light, with high risk, comes high reward.

We feel that entrepreneurs should be celebrated. They are courageous, and are the ones who are responsible for a large part of the success of an economy and the international influence that a nation enjoys as a result. Max Branded wholeheartedly wishes the best to all entrepreneurs. We hold them in a special place of admiration and respect.

In line with that appreciation, we go above and beyond, and provide free information and ideas regarding marketing and overall business principles, that are intended to help entrepreneurs find tactical solutions that can pique curiosity, create engagement, bring in more business, affect SEO positively, or even open the door to different strategies. These ideas are shared with the intent to assist entrepreneurs in their research and help them to arrive at new, productive opportunities that increase their financial rewards and reduce their risks. We genuinely want our customers to be highly successful.

At the same time, when there is business failure, which is unfortunately significantly often, there is a tendency to blame others and attempt to make them responsible in courts of law, to mitigate, or even recover from the fall by forcing those who were involved in helping to take the burden of responsibility for the failure in the entrepreneur’s stead. These TERMS AND CONDITIONS are aimed at protecting Max Branded from being adversely affected, by frivolous legal actions of entrepreneurs who are reluctant to admit responsibility for their failure and the losses inherent to it, and who feel no gratitude for the assistance they have received, and might be tempted to aim their destructive emotions towards Max Branded.

Please read, enjoy, share, and contact us with any comment, concerns, or questions you may have. We welcome you into the confidence of our inner circle and will do our best to help you in your quest to conquer the great dream of achieving success in your business. It is our great honor and privilege to participate with you in this exciting time. But we do not agree to any unreasonable demand, tolerate abuse, or agree to anything that will make us responsible for anyone else's failure.

Acceptance of latest terms of use

This is an agreement regarding the benefits of information, inspiration, identification of possibilities, business history, marketing solution references, along with all other concepts that each guest or customer may receive (hereinafter “SERVICES”) when they use, with or without payment, in any context, adaptation, and/or application, any of the material contained as text, images, videos, audio, links, archives, data, applications or other media (hereinafter “CONTENT”), the domain names, logo artwork, possible social media handles, and other specific contents that may be included in each “Brand Bundle” that is available for purchase (hereinafter “PRODUCT”), offered in relation to, or contained within the Max Branded site, its affiliate landing pages, any of its social media pages, including but not limited to: Facebook, Twitter, YouTube, Instagram, and LinkedIn, and any email, ads, or posts emitted by or on behalf of Max Branded (hereinafter “PROPERTIES”), owned, operated, redacted, edited and / or supervised by, the organization known as Max Branded Marketing, LLC, its owners, directors, officers, employees, representatives, agents, affiliates, subsidiaries, and any associated contractors, advertisers, and other partners or related parties (hereinafter “Max Branded”).

In consideration of any and all PRODUCTs and SERVICES received via any CONTENT, in the PROPERTIES, of Max Branded, all users agree to be bound by the following TERMS OF USE, along with the terms expressed in the Max Branded Privacy and Cookies policies, which may be amended from time to time with or without notice to you. Third party applications and sites that you may access via Max Branded PROPERTIES can and do have their own additional terms, which will govern your interaction with them.

Information

Nobody is perfect, and the people within Max Branded, can and do make mistakes. Max Branded does NOT make any guarantee of accuracy, or offer any warranty for inaccuracy, and agrees to provide no remedy, whatsoever, regarding the use of CONTENT of the PROPERTIES of Max Branded. Information validation, prior to taking any risk with any CONTENT in the Max Branded PROPERTIES is the sole duty and responsibility of the user. Being an entrepreneur is in itself a risk and you assume full responsibility for your success or failure. Use of the PROPERTIES of Max Branded is at your own risk. Specifically including, but not limited to:

• Max Branded does NOT pretend to offer flawless CONTENT. Inevitably, there will be mistakes. If you object to imperfect information, do not use any CONTENT in the Max Branded PROPERTIES.
• Explaining concepts can be challenging, and understanding them can also be challenging. Max Branded does NOT guarantee that any SERVICES will be delivered accurately.
• Max Branded DOES NOT guarantee that ANY CONTENT is factually accurate.
• Max Branded does NOT guarantee that any CONTENT is free from biases.
• SERVICES provided are for educational purposes, and NOT to be interpreted as specific advice to any individual or entity.
• ALL transaction are limited to an exchange of the PRODUCT for consideration in the form of payment of a mutually agreed upon price for the PRODUCT. No monies paid to Max Branded shall be construed as compensation for ANY SERVICES whatsoever.

You agree that Max Branded reserves the right to modify or discontinue provision of any CONTENT, or PRODUCTs that may be offered in the PROPERTIES of Max Branded, at any time, and for any reason, with or without notice, and without any liability towards you. Max Branded will not be held responsible or liable for any issues that may arise from information deletion, storage, accuracy, delivery, or timeliness.

Truth in Advertising

When examples are provided, which state that a business could do well advertising with a specific claim. That does not mean just putting the words of the claim into an ad. Marketing must be ethical and blended into the entire organization. The business must actually have the substance to back up the claim. Making false claims in advertising is a violation of the Truth In Advertising Act, enforced by the FTC.

Logo Copyrights and Trademark Infringement

We grant the rights of use of our in-house developed logos, slogans, taglines, images, strategic ideas, and other works of an artistic nature, along with the ownership of the domain name they are associated with, to the person or organization that purchases Max Branded PRODUCTs, their representatives, assignees, and heirs or other persons or entities granted rights by applicable authority, upon payment for the PRODUCT (hereinafter “CUSTOMER”). However, since many designers may coincide in the result of abstraction of the essence of the same object of their inspiration, Max Branded cannot guarantee that no other designer will feel the artwork of a Logo, or branding text, provided by Max Branded, is too close to their own, representing an infringement of their trademark, privacy, likeness, or other inappropriate use. Max Branded provides no express or implicit guarantee that any part of its PRODUCT is free from defects that may result in such issues arising. The onus of assessing potential trademark infringements and identity misappropriation rest SOLELY on the CUSTOMER. If there is a problem with the PRODUCT after a purchase, Max Branded does NOT accept responsibility over costs and inconveniences the situation and its consequences may cause. Max Branded’s liability will be limited to making adjustments, or reasonable efforts to create a new logo or other artwork, at no charge to the CUSTOMER.

Trademark protection

Trademarks are granted by the US Patent and Trademark Office. Max Branded does not have the authority to decide or ability to grant protection to the CUSTOMER. Specifically:

• Protection can only be applied for, and used, in conjunction with brands and company names that are ACTIVELY marketed. Therefore Max Branded cannot own trademarks of domains that are not currently in use in order to transfer any such protection.
• Protection is granted by the geography and industry within which they are used. Therefore Max Branded cannot foresee the existing protections or those that could be granted for any specific application of a CUSTOMER in their industry and geography.
• New protection is approved every day, old protection expires. It is a dynamic environment. Max Branded cannot predict protections that may be available or unavailable.
• The manner in which courts perceive and rule the prescriptions for trademark infringement of the protections that have been granted are very nuanced. Max Branded makes no claim or promises of legal acceptability of any part of its PRODUCTs.

Taking these into account, Max Branded cannot and does NOT provide any warranty whatsoever, regarding the capacity of any part of its PRODUCTs to be granted protection by the US Patent and Trademark Office, or other regulatory agency, nor that any such protection (if granted) will hold up in a court of law. CUSTOMERs are solely responsible for researching, securing, and maintaining protection for the PRODUCTs they purchase.

Domain marketability

Because of the nature of trademarks (geographic, industry specific, and nuanced), individual identity rights, and incorporation name rights, Max Branded cannot and does NOT guarantee any PRODUCT will be usable for any specific application, even those that Max Branded may feel are advisable and recommend as suitable for the PRODUCT. It is important that, prior to purchasing and using any PRODUCT, that the CUSTOMER gets information specific to their personal application, from a qualified legal counselor, and the USPTO Trademark Assistance Center, or similar agency with applicable knowledge and force of law, in foreign markets, as the case may be. Assessing marketability of all PRODUCTs purchased from Max Branded is the SOLE responsibility of the CUSTOMER.

Due Diligence

Under no circumstance should anyone make a domain purchase decision (anywhere) based solely on the information in the CONTENT of the PROPERTIES of Max Branded. Given the potential inaccuracies, and the fact that the information presented was not created to address specific circumstances, the chance of potential issues applying the information in the CONTENT of the PROPERTIES of Max Branded, is significant. All CUSTOMERs are URGED to validate ALL ideas they feel could be helpful in the CONTENT of the PROPERTIES of Max Branded, with the specific professional advice that is relevant to the use of each of the ideas, particularly those ideas that could have significant legal consequences. It is of the utmost importance that all CUSTOMERs do their own research to ensure they have full understanding of the marketing ideas presented and have formulated their own opinion. Max Branded will NOT be responsible for ANY of the decisions that CUSTOMERs or any other persons or entities take, or their outcomes and consequences of those decisions.

Success with a name

Business success of a CUSTOMER depends on many factors beyond the control of Max Branded, not just having a good name to promote a brand. Things like the preferences of their target market and the viability of their product to that market, are essential, and can change very quickly due to competitive forces, new technology, legislation, shifting consumer preferences, or a myriad of other things. Even with a viable market and product, they must be paired with a good business strategy, based on good information, and which is implemented with managerial competence, to source, communicate with the market, and deliver the goods profitably. And this competent plan and structure must be backed by financial competence to provide flexibility for short term unforeseen divergences from plan parameters. As a matter of fact, studies have shown that over 80% of all business failures are due to cash flow issues alone. The name may indeed offer a great opportunity, and certainly be a significant influence that helps to achieve success, but it is the CUSTOMER who must create the successful business. It is unreasonable to think that a name can overcome performance failure in the rest of the business organization, regardless of how amazing a name may be. Max Branded provides no warranties of success by any measure of results, whatsoever, with any PRODUCT purchased from Max Branded, or the application of any marketing knowledge, comment, or other SERVICES contained in the CONTENT of the PROPERTIES of Max Branded. The single exception is for PRODUCTs purchased and used in compliance with the Max Branded Performance Guarantee, which may be in effect for the specific PRODUCT.

Your Interaction with Max Branded

While interacting with the PROPERTIES of Max Branded, you agree to:

• Be truthful in the information that you choose to provide Max Branded. In particular, with regard to your ability to conduct business transactions, and the sincerity of the intentions you express.
• Not misrepresent your association with any person or entity, not forge support for any claim you make or information you provide Max Branded, and not impersonate anyone other than yourself.
• Not conduct yourself in any way that could be construed as: harassing; stalking; abusive, threatening, harmful, defamatory, offensive, or designed to interfere with the operation of the Max Branded PROPERTIES, or any of the SERVICES provided.
• Not express opinions in any PROPERTIES of Max Branded that could give rise to civil or criminal liability, or be in violation of any applicable law(s).
• Not use the PROPERTIES of Max Branded to promote or assist to promote any private offering without the express written consent of Max Branded.
• Not use any of the CONTENT of the PROPERTIES of Max Branded in any commercial manner, or in any manner that could be intrusive or abusive to others, like spam, or automated advertising, without the express written consent of Max Branded.
• Not collect or harvest any information for uses that could be destructive, defamatory, or in any way subtracting to Max Branded.
• Not infect any of the Max Branded PROPERTIES, or CUSTOMER, guest, or third party devices, applications or assets, with any virus or other destructive or deleterious program.
• Not associate Max Branded with disclosures that could give rise to issues regarding copyrights, trademarks, patents, or trade secrets.

Rights to information you publicly share on Max Branded PROPERTIES

When people interact with Max Branded CONTENT, Max Branded must be allowed to address their interaction in any way Max Branded sees fit. For instance, if it is a positive comment, Max Branded is allowed to reply publicly and share it with our following. If it is a negative comment, Max Branded is allowed to address your comment with your name. Specifically, by adding publicly viewable information to the CONTENT of any PROPERTIES of Max Branded, or by sharing CONTENT of any of the PROPERTIES of Max Branded publicly, you agree that you do indeed own the property rights to your name and likeness and / or those of the entity you claim to represent, and any trade rights to brands or entities associated with your communication, and you grant Max Branded, royalty-free non-exclusive licensing, with worldwide rights, including the use of your name, likeness, and release of any privacy claims, in perpetuity, to use your name and the information you shared publicly in any manner whatsoever, at the sole discretion of Max Branded, with or without notice. And agree to hold Max Branded harmless for any damages, consequences, expenses, or other issues and derivative financial implications, that may arise from such use of your trade protected data and / or personal likeness associated with Max Branded’s use of your publicly shared information.

Third parties on Max Branded

You agree to hold Max Branded harmless for any issues regarding your use, results, or interactions with goods and / or services advertised and / or provided by third parties on Max Branded PROPERTIES. Claims made by third parties will be held to the terms and policies of those third parties, and not by those of Max Branded. Max Branded will not be liable for, or responsible, in any manner whatsoever, for any issues arising from your dealings or interaction with third parties.

Indemnification

You agree to indemnify and hold harmless, Max Branded, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with Max Branded PROPERTIES, SERVICES, or PRODUCTs, your publicly shared information, and your violation of these TERMS OF USE, or any other violation by you, of the rights of another person or party.

No Warranties

SPECIFICALLY, you UNDERSTAND AND AGREE, that:

• Your use of any of the PROPERTIES of Max Branded, and / or any SERVICES or CONTENT you receive from Max Branded, and / or any PRODUCTs you may have purchased from Max Branded, is AT YOUR OWN RISK.
• Everything you receive from Max Branded, is to be considered "AS IS".
• Max Branded EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• Max Branded MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, THAT ANY SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE, UNINTERRUPTED, TIMELY, SECURE, OR HAVE ANY OTHER ATTRIBUTE OR QUALITY THAT COULD BE CONSTRUED AS A PROMISE OF PERFORMANCE OF ANY KIND.
• THE CONTENT OF ALL PROPERTIES OF Max Branded IS NOT WARRANTED EITHER EXPRESSLY OR IMPLICITLY TO BE SAFE IN ANY MANNER TO BE DOWNLOADED.
• Max Branded DOES NOT PROVIDE YOU WITH PROFESSIONAL ADVICE OF ANY KIND, AND THAT ANY PERCEIVED ADVICE OR ANY OTHER INFORMATION OBTAINED VIA Max Branded PROPERTIES, MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT Max Branded WILL NOT BE HELD LIABLE IN ANY WAY.

Limited Liability

SPECIFICALLY, YOU UNDERSTAND AND AGREE THAT Max Branded WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES. INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER OR NOT Max Branded WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AS MIGHT BE THE CASE WITH, BUT NOT LIMITED TO:

• THE USE OR INABILITY TO USE PRODUCTS AND SERVICES PROVIDED BY Max Branded.
• THE EXPENSE OF PROCURING SUBSTITUTE GOODS AND / OR SOLUTIONS, INCURRED AS A RESULT OF ANY TRANSACTION ENTERED INTO THROUGH THE PROPERTIES OF Max Branded.
• UNAUTHORIZED ACCESS TO, DELETION OR OTHER ALTERATION OF ANY OF YOUR DATA STORED IN Max Branded PROPERTIES OR THIRD PARTY PROPERTIES, OR DATA LOST OR ALTERED IN TRANSMISSION WITH SUCH PROPERTIES.
• DAMAGING STATEMENTS MADE BY ANY THIRD PARTY OR AS A RESULT OF THE CONDUCT OF ANY THIRD PARTY USING OR PROVIDING SERVICES.
• ANY OTHER MATTER RELATING TO PRODUCTS AND / OR SERVICES.

All rights reserved

BY PROVIDING SERVICES ON ITS PROPERTIES, Max Branded IS NOT PROVIDING YOU WITH ANY EXPRESS OR IMPLIED RIGHTS TO MAKE ANY COMMERCIAL USE OF ANY CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF Max Branded. Max Branded reserves all its rights, including but not limited to: All copyrights, trademarks, patents, trade secrets, and any other proprietary rights that Max Branded may have with regards to any of its PROPERTIES, CONTENT, PRODUCTs and SERVICES that it may provide access to.

Notification of copyright infringement

If you believe that your intellectual property has been used in Max Branded, in any way that could be considered a copyright infringement, trademark infringement, misappropriation of likeness, or any violation of your intellectual property rights, please contact us to assess your claim and rectify it as may be applicable.

Other information

• Jurisdiction: You agree that these TERMS OF USE and any dispute arising out of your use of Max Branded PROPERTIES, PRODUCTs, or SERVICES, will be governed by and interpreted in accordance with local laws applicable at Max Branded's legal place of residence. You also accept that jurisdiction is granted to the courts having jurisdiction over Max Branded's legal place of residence, and that any disputes will be heard by the said courts, notwithstanding any differences between the said applicable legislation and legislation that may be applicable at your location.
• Severability: In the event that any provision of these TERMS OF USE is deemed to unenforceable, or in conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable.
• Non-Waiver of Rights: The failure of either party to assert any right under these TERMS OF USE will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect.
• Time Limitation: You agree that any claim or cause with regards to any Max Branded PROPERTIES, PRODUCT or SERVICES must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation.
• Assignment of Rights: Max Branded may assign its rights and obligations under these TERMS OF USE. In this event, Max Branded will be relieved of any further obligation.