Maximus Advisors

2. Limited License

The Maximus Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Maximus as a service to its current and prospective clients and may be used only in accordance with these Terms and Conditions. No right, title or interest in our Materials is conveyed to you. This is a limited non-exclusive and non-transferable license and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit any of its Materials without our prior written permission; and (b) you may not access or use the Maximus Web Site for any purpose which is competitive to Maximus. Maximus may terminate or suspend this license, with or without cause, and without notice at any time and for any or no reason. All rights not expressly granted herein are reserved by Maximus. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Maximus services, affiliate services, third-party content or third-party software.

3. Trademarks

Maximus and its affiliates retain all rights in and to their trademarks, trade names, brand names and the like. These marks, names and all associated logos or images are registered and/or common law trademarks of Maximus and/or its affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names and the like is granted to you under these Terms and Conditions by your use of the Maximus Web Site and Services. Your misuse of the trademarks displayed on the Maximus Web Site is strictly prohibited, and Maximus will enforce its intellectual property rights to the fullest extent of the law.

4. Communications to Maximus

Maximus shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send through the Web Site for any purpose whatsoever including, but not limited to, the marketing of financial products using such information. Any personally identifiable information you provide to Maximus through the Web Site shall be subject to the Web Site's Privacy Policy if provided to Maximus in connection with the Web Site and the Services. You are responsible for obtaining and maintaining any communications equipment necessary to connect to the Web Site and the Services, including modems, computer hardware and software and long distance or local telephone service or other internet access. You must be connected to the Internet and must use your own Internet service provider ("ISP") to access the Web Site and the Services. All charges incurred for such equipment and access are your sole responsibility.

5. Linking

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Maximus Web Site. None of such links should be deemed to imply that Maximus endorses the Third Party Site or the content therein. Maximus does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Maximus will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

6. No Investment Advice

None of the information on this Web Site constitutes investment advice. As a user of our Web Site, you are responsible for your own investment activities.

7. Disclaimer of Warranties

THE MAXIMUS WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” MAXIMUS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, REGARDING THE MAXIMUS WEB SITE AND SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. NO WARRANTIES REGARDING THE WEB SITE AND SERVICES SHALL ARISE THROUGH COURSE OF DEALING OR USAGE OF TRADE. MAXIMUS MAKES NO WARRANTIES THAT ACCESS TO OR USE OF THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES.

8. Limited Liability

IN NO EVENT WILL MAXIMUS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) AND ANY OTHER CAUSE OF ACTION EVEN IF MAXIMUS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IN THIS SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN SECTION 9 AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.

9. Exclusive Remedy

IF YOU ARE DISSATISFIED WITH THE MAXIMUS WEB SITE OR ANY OF THE SERVICES OFFERED THEREIN, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST MAXIMUS WITH RESPECT TO THIS AGREEMENT OR THE MAXIMUS WEB SITE AND THE SERVICES THEREIN, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MAXIMUS WEB SITE AND THE WEB SITE SERVICES.

10. Indemnification

You agree to indemnify and hold Maximus and its subsidiaries, affiliates, officers, agents and employees, harmless from any loss, including attorney’s fees, arising out of or in connection with any claim, demand, action, or liability made by any third party related to or arising out of (1) information or material you submit, post, transmit, or otherwise make available through the Maximus Web Site; and (2) your use of the Maximus Web Site or Services; (3) your connection to the Maximus Web Site or Services; and (4) any violation of these Terms and Conditions.

11. Revisions and Termination

Maximus may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the Web Site, at any time and without notice. Maximus also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Maximus may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes. Maximus may terminate or suspend your access to the Web Site and Services, with or without cause, and without notice at any time and for any or no reason, and Maximus shall have no liability, with respect to such termination. All rights and obligations that become absolute before expiration or termination of the Terms and Conditions or that are of a continuing nature will survive any expiration or termination of these Terms and Conditions for any reason.

12. Waiver and Severability of Terms

The failure of Maximus to exercise or enforce any right or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision. Any and all waivers must be done in writing to be enforceable. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of these Terms and Conditions shall remain in full force and effect.

13. Jurisdiction

Claims for enforcement, breach of violations of duties or rights under this Agreement will be adjudicated under the laws of the State of New York, without reference to conflict of law principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in New York County, New York, USA in all disputes arising out of or relating to the use of the Maximus Web Site or Services.

14. Contact Us

If you have questions regarding the Terms and Conditions or the practices of Maximus, please contact us via e-mail at pmuoio@maximusadvisors.com