TERMS OF USE

LAST REVISED: 5.1.2022

By accessing (Capital Max Direct (or "Website") and using the services provided thereon, you agree to be bound by these Terms and Conditions ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, do not access or use this Website. We reserve the right to change these Terms at any time in our sole discretion without further notice to you except posting on this page. Your continued use of the Website after we have posted changes on this page constitutes your agreement to any and all changes. All changes are in effect and enforceable from the date of posting forward. It is your responsibility and you are encouraged to thoroughly read and review these Terms each time you use the Website and participate in any of the services provided on the Website.

PLEASE READ CAREFULLY, THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION LIMITATIONS.

ACKNOWLEDGMENT

By using this Website, you affirm that you are over the age of 18 and that you are able to form a binding, legal contract. This Website, is not intended for use by consumers under the age of 18. You represent and warrant that all information you provide through the Website is accurate and current. You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms.

DISCLAIMER

YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WEBSITE NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER THE WEBSITE, NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. 

ANY STATEMENTS ON THIS WEBSITE AND THE INFORMATION INCLUDED ON THE WEBSITE ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. THE AUTHORS OF THIS WEBSITE ARE NOT LEGAL, ACCOUNTING, INSURANCE, OR FINANCIAL PROFESSIONALS AND AS SUCH DO NOT PROVIDE ANY PROFESSIONAL ADVICE (LEGAL, FINANCIAL, ACCOUNTING, INSURANCE OR OTHERWISE). WE ALSO HAVE NOT CONFIRMED THE QUALIFICATIONS OF ANY THIRD PARTY WHO PROVIDES INFORMATION INCLUDED ON THIS WEBSITE, EVEN IF THAT THIRD PARTY LISTS HIS OR HER QUALIFICATIONS. AS A RESULT, YOU SHOULD CONSULT WITH A FINANCIAL, ACCOUNTING, INSURANCE OR LEGAL PROFESSIONAL BEFORE RELYING ON ANY INFORMATION YOU OBTAIN FROM THE WEBSITE.

CONTENT 

All features, content, described or depicted on this Website, are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. 

ACCURACY OF INFORMATION

Although we attempt to ensure that information on this Website is complete, accurate and current, despite our efforts, the information on this Website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this Website. In addition, we may make changes in information without notice. 

USE OF THIS WEBSITE

The design of this Website and all text, graphics, information, content, scripts, videos, photos, and other materials displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

INTELLECTUAL PROPERTY

All information, materials, images, photographs, videos, articles, functions, text, scripts, and other content provided by or on behalf of Website on this Website (collectively, "Website content") are the sole property of Website. The Website and all of its content and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States. Website reserves all rights, in and to, the Website and its’ content. Unless otherwise noted, the Website name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Website are the property of Website, its affiliates, or licensors. You may not distribute, display, or disseminate any such documents, pages, images, materials or content without the prior, express written consent of Website. Nothing contained on our Website shall be construed as conferring any right or license under any trademark, copyright, or other intellectual property right. Any unauthorized use of our Website or its’ content will terminate the permission or license granted herein and may constitute a violation of applicable copyright and intellectual property law. You agree that you will not alter, adapt, or otherwise modify any part of our Website or its’ content.

THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITES

Our Website may, from time to time, post, (i) links to other sites that we feel may be useful to you, and (ii) content on our Website that is supplied by third parties, including independent third-party lenders (collectively "Third Party Content"). Third Party Content is not under the control of Website. Website makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third-Party Content, any services accessible by hyperlink or referred from our Website, links contained in any Third-Party Content, or any review, changes, or updates to a third-party website or for third party websites that link to our Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in Third Party Content are those of the respective authors or distributors and not of Website. The existence of such third-party links should not be considered an endorsement or recommendation of those websites or any products and/or services offered on those websites. It is important to note that once a you leave our Website, these Terms do not govern your use of any third-party website.

USER INFORMATION

Other than personally identifiable information, which is subject to this Website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. Personally, identifiable information that you voluntarily post on any part of this Website that is viewable by the public (e.g., in the Customer Reviews section) is not subject to this Website’s Privacy Statement and is considered User Communications. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

LIMITATIONS OF LIABILITY

WEBSITE DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT WILL WEBSITE, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. 

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD WEBSITE, AND ITS PARENTS, AFFILIATES (AND THEIR LICENSEES), AND SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY CLAIM, LOSS OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OUR WEBSITE, YOUR CONNECTION TO OUR WEBSITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY. THIS INDEMNITY SURVIVES TERMINATION OF THESE TERMS AND CONDITIONS.

PRIVACY PRACTICES

Our Privacy Policy is incorporated into, subject to and made part of these Terms. Please be sure to review the Website’s Privacy Policy.

COMPLIANCE WITH APPLICABLE LAWS

You agree to comply with all applicable federal, state, and local laws, regulations and rules that apply to your activities when using the Website. Website reserves the right to terminate any account with respect to this Website and to prevent your use of the Website if such account is used to engage in illegal activity or to violate these Terms of Use. Website may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities.

TERMINATION

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

SEVERANCE

These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The headings used in these Terms of Use are intended for convenience only, and shall not affect the drafting or interpretation hereof or thereof.

NO WAIVER OF TERMS

Website's failure to enforce any provision of these Terms shall not be construed as a waiver of such or any future provision.

LAW AND VENUE

These Terms, and the interpretation, performance, and enforcement of your and Website’s rights and duties, shall be construed in accordance with the laws of the State of Wyoming, except for any conflict or choice of law principle thereof that would lead to the application of another jurisdiction's laws to the rights and duties of the parties. Any claim you may have against this Website must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys' fees in any proceeding.

CLASS ACTION WAIVER

To the extent allowed by law, you and Website each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. YOU HEREBY UNDERSTAND THAT BY AGREEING TO THIS CLASS A CTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THIS WEBSITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

BINDING ARBITRATION

You and Website (collectively the "Parties") agree to submit any dispute arising out of or in any way relating to this Website to binding arbitration conducted by a single arbitrator under the Commercial Rules of the American Arbitration Association ("AAA") in Cheyenne, Wyoming, rather than a proceeding in a court of law. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys' fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event, shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator's decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of this Website's copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions shall control. BY AGREEING TO ARBITRATION, YOU AGREE THAT THE PARTIES ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY IN ANY ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

MISCELLANEOUS

Website makes no representations that the Website is appropriate or available for use in locations outside of the United States. We operate this Website in the United States. By offering this Website and its content, no distribution or solicitation is made by Website to any person to use the Website or its content in any jurisdiction where the provision of this Website is prohibited by law. You affirmatively agree to obey all federal, state, and local laws, regulations, and rules that apply to your activities when you use the Website. All rights not expressly granted are reserved to Website.

CONTACT INFORMATION

If you have any questions regarding these Terms, you may contact us here