TERMS OF USE

The following terms and conditions (this "Terms of Use") govern all use of the maverickflow.com website (the "Website") and all content, services, features, activities, and products available at or through the Website, including, but not limited to, the website analysis service (the "Analysis Service" and, together with all other content, services, features, activities and products available through the Website, the "Services"). The Services are owned and operated by maverickflow. Please read these Terms of Use carefully before using the Services.


BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TERMS OF USE AND ALL TERMS, POLICIES, AND GUIDELINE INCORPORATED IN THE TERMS OF USE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO, maverickflow'S PRIVACY POLICY(COLLECTIVELY, THIS "AGREEMENT"). THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If you do not agree to all the terms and conditions of this Agreement, you may not use the Services.


1. ACCOUNT REGISTRATION AND ACCESS

To register for the Service and create an account, you (including any agent designated by you operating on your behalf) must complete the registration process by providing maverickflow with the information prompted by the registration form,  including your name, email address, telephone, company name, company website, and password. You agree to provide us with complete and accurate information when you register for the Service, and to keep such information up to date.

You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Service on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify maverickflow immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Analysis Service.

maverickflow may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

2. FEES

2.1. Subscription Terms

maverickflow offers a range of subscription plans to its Service. You may pay for your subscription monthly.

2.1.1 The $999 monthly package will include:

15 weekly hours of Google PPC campaign management:

  • 1. Analysis of suitable keywords
  • 2. Writing suitable Adwords to match the company's target
  • 3. Optimizing the data based on the maverickflow's activity in Google analytics

Client responsibilities:

  • 1. The client will need to provide his Google Adwords account (with his payment details already ready for use)
  • 2. Providing the required Landing page/s that the users will be directed to.
  • 3. Approve all Adwords before becoming active.
  • 4. The client will need to provide the main focus that he would like to have in his ads and the works/phrases that he would like to emphasize in the Adwords.

This plan DOES NOT include the payment that needs to be made for Google's Adwords and also does not include any landing page design. All changes in the client's page design will have to be managed by the client.
15 weekly hours will be divided into 3 hours per day for 5 days per week.

2.2 Free Trial

maverickflow has the right to cancel the Free Trial at anytime without any previous notice

2.3. Changes in Fees

We may, upon any notice required by applicable law, change the fees for the Service at any time or impose additional fees or charges. Such changes will be effective immediately upon posting on our Website; provided, however, that such fee changes will be effective only as to prospective Service orders (including monthly, automatic renewals and/or Plan upgrades) after the effective date of such change.

2.4. Payment of Fees

Your Plan, will renew automatically and continue month-to-month unless and until you cancel your Plan or we terminate it, in each case pursuant to the terms of this Agreement (see Section 2.7 ("Account Cancellation") and Section 11 ("Term and Termination")). You must cancel your Plan before it renews in order to avoid fees due under the next billing cycle. To view the specific details of your Plan, including the start date of your next renewal period, login to your Account at maverickflow.com/login and click the "Control Panel" page.

We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.

We reserve the right to deactivate your access to the Service for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.

2.5. Credit Card Payments

All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete and accurate, and you must promptly contact maverickflow if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your maverickflow username or password). You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.

2.6. Payment Terms, Refunds, and Upgrade and Downgrade Terms

  1. The fees for your Plan are billed in advance of each billing cycle, are non-refundable, and automatically renew on a monthly or annual basis, as specified in your Plan. No refunds or credits will be provided for partial months of the Service, upgrades/downgrades, or for months unused with an open account.

  2. If you subscribe to a plan monthly and downgrade it, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. maverickflow does not accept any liability for such loss.

  3. If you upgrade your Plan level, your credit card will immediately be charged a pro-rated amount reflecting the increased rate, and you will be charged the full amount of the new rate.

  4. Any Upgrade plan or Account cancelation in the middle of the current plan will have an extra charge of $10 US.

  5. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.

  6. Questions involving upgrades or downgrades to your Plan can be directed to Support@maverickflow.com .



2.7. Account Cancellation

You may cancel your Plan via the cancellation link provided on the "Control panel" page, accessible after logging in to the maverickflow Website. Alternatively, you may cancel your Plan by either calling us and speaking to an authorized account representative or sending an email to Support@maverickflow.com .

If you cancel your Plan before the end of your current pre-paid period, you will not be charged again for your Plan beginning with the next billing cycle. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Service and any data or information stored in your account (see Section 11 ("Term and Termination") for additional details).

If you cancel your Plan during a Free Trial Period (in case you got one from maverickflow), effective upon such cancellation, you will immediately lose all access to the Analysis Service and any data or information stored in your account.

3. LICENSES

3.1. License to maverickflow Software

Subject to the terms and conditions of this Agreement, maverickflow hereby grants you a limited, revocable, non-exclusive, non-transferable and non- assignable license to (i) include the maverickflow-provided code (together with any fixes, updates and upgrades provided to you, the "maverickflow Script") in the HTML code for web page(s) that are properly registered for the Service and owned or operated by you, solely for the purposes of accessing and providing information to the Service and accessing information available from the Service with respect to such web page(s); and (ii) remotely access the Analysis Service to view and download your reports stored on the maverickflow Website, located at http://www.maverickflow.com.

Except as expressly set forth herein, you shall not (A) use, reproduce, modify, or create derivative works of the maverickflow Script, or (B) transfer, lease, lend, sublicense, use for timesharing, or service bureau purposes, resell or otherwise distribute or allow third-party access to all or any portion of the maverickflow Script or the Service.

3.2. License to Client Data

As between the parties, you shall retain ownership of any information, data and statistics that maverickflow obtains from your website, such as raw data and log files generated by and/or provided to the Service.

You hereby grant to maverickflow, and you agree to grant to maverickflow, a royalty-free, nonexclusive, irrevocable, limited right and license to access your registered web page(s) and to access and log (i) any information concerning users' actions, entries, or activities on your web page(s), (ii) any information sent to you by users' web browsers concerning users' web activities immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), and/or (iii) any data or other information you provide to maverickflow (collectively "Client Data") for the purposes of (a) providing you with details of keywords, channel and landing page events and other functions related to the Service; (b) Saving the data in the maverickflow’s Database (c) Sending the events to Google Analytics.

By approving your Google Analytics account you are giving maverickflow the permission to send events to your Google Analytics and save them in maverickflow’s database for backup reasons.

You represent and warrant that you have all rights, licenses, and consents required to license Client Data to maverickflow on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.

3.3. License to Material Which You Post

By posting any software, information, data, databases, music, audio, video or audiovisual files, photographs, images, documents, text, digital files, forum messages, reviews, comments or other material ("Material") to the maverickflow Blog, you hereby grant maverickflow an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform or publicly display, or create derivative works from all or any portion of the Material. You further represent and warrant that you own all rights to such Material and that this license does not infringe the rights of any third party or violate any applicable law or regulation.

4. PRIVACY

maverickflow' Privacy Policy is incorporated into this Agreement and is available at http://www.maverickflow.com/privacy. As used in this section, "Personally Identifiable Information" refers to information that can be used to personally identify a unique individual, such as name, address and phone number.

4.1. Your Obligations With Respect to Cookies Used by the maverickflow Script on Visitors to Your Website

The maverickflow Script may store cookies on computers used by those who visit your website ("Visitors"). These cookies contain values that allow maverickflow to detect if the Visitor is a returning Visitor or a first-time Visitor to your web page(s), when the Visitor last visited the web page(s), Unless you direct us to do so, such as by associating an identity with the Visitor, no Personally Identifiable Information relating to the Visitor is stored within these cookies.

By using the maverickflow Script implementing the use of such cookies, you represent and warrant that: (i) you will comply with all applicable laws relating to the placement of such cookies on Visitors' computers; (ii) you have posted (or you will post) a privacy policy on each website on which you use the Service, which clearly and conspicuously discloses the use of such cookies and (iii) You have obtained all required consents and authorizations from your website Visitors relating to the use of such cookies.

4.2. Your Obligations With Respect to Visitor Information

The default Visitor data collected and tracked by maverickflow' Service is anonymous, behavioral information about your Visitors' activities and actions on your web page(s).

However, maverickflow Service allows you to link this Visitor data with Personally Identifiable Information that you have collected regarding the Visitor.

You represent and warrant that:

  1. You will comply with all applicable laws relating to the collection, use and disclosure of Visitor data, including Personally Identifiable Information, to maverickflow;

  2. You will provide all required notifications and obtain all required consents and authorizations from your website Visitors to permit maverickflow to collect, obtain and/or use Visitor data, including Personally Identifiable Information, relating to Visitor use of your website, for the purposes of providing the Analysis Service;

  3. You have posted (or you will post) a privacy policy on each website on which you use the Service, which contains a link to maverickflow'Privacy Policy and clearly and conspicuously states that:

4.3. Security

Your maverickflow account is protected by a username and password, and should be accessed only by you or authorized third parties. You should take steps to protect against unauthorized access to or use of your username and password. You should also remember to log off when using any shared computer or device.

maverickflow has implemented reasonable security mechanisms to protect your information and Client Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access, high security public/private keys, encryption of processed data, and SSL encryption to protect transmission of data.

However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access Client Data, information you provide to maverickflow, information we compile on your behalf, and/ or information that we collect about you. maverickflow cannot guarantee the security of such information and is not responsible for unauthorized access to client accounts or Client Data.

4.4. maverickflow Limits Access to Your Information

maverickflow will not knowingly permit access to, or otherwise divulge to a third party, the statistical information we compile for you except for the express purpose of generating reports which have been requested, authorized or approved by you, or unless acting under a good faith belief that such action is necessary to (i) conform to legal requirements or comply with legal process; (ii) protect and defend the rights or property of maverickflow; (iii) enforce our agreements with clients and/or visitors to our Website; (iv) troubleshoot problems with the Services; or (v) create aggregate reports as set forth below.

4.5. Analysis Services Not Available for Websites Directed to Children

You may not use the Services in connection with (i) any website or portion of a website labeled or described as a "Kid's" or "Children's" website; (ii) any website or portion of a website directed at individuals under the age of 13; or (iii) any website or portion of a website that you have reason to know is used primarily by individuals under the age of 13.or (iii) any website or portion of a website that you have reason to know is used primarily by individuals under the age of 13.

5. PROPRIETARY RIGHTS; RESTRICTIONS ON USE

5.1. Content on the Website

Any opinions expressed by the contributors, authors and moderators who post content to the Website are the personal opinions of the authors, not of maverickflow, whether or not the authors are employees or contractors of maverickflow. The Website and all materials published and/or distributed on or through the Website (including, but not limited, to news articles, photographs, images, illustrations, audio clips and video clips) are provided for informational and entertainment purposes only and are not meant to be an endorsement or representation by maverickflow or any other party.

5.2. Restrictions on Use and Compliance

You shall not

  1. Use, or allow the use of, the maverickflow Technology and Service, except pursuant to the limited rights expressly granted in this Agreement;

  2. Use the Services in any manner that is inconsistent with user documentation, if any, supplied to you by maverickflow or inconsistent with maverickflow' standard security procedures, if any, accessible through your user interface;

  3. Attempt to reverse engineer, hack into, or compromise any aspect of the maverickflow Technology or Service, or attempt to access data or account information of any other customer of maverickflow;

  4. Remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by maverickflow;

  5. Use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the maverickflow Technology and Service;

  6. Use the maverickflow Technology and Service for academic research or research unrelated to your Visitors or the web page(s) registered for use with the Services, or for contemplated litigation, scholarship, or any other unintended purpose;

  7. Post or transmit any libelous, defamatory, indecent, obscene, abusive or pornographic message, data, image or program;

  8. Use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others. You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including, without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

6. INDEMNIFICATION

You agree to indemnify, hold harmless and (only if requested by maverickflow) defend maverickflow, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against maverickflow or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by maverickflow or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Services, or (iii) your unauthorized use of the maverickflow Script. In such instances, maverickflow will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to maverickflow within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. maverickflow reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

7. REPRESENTATIONS AND WARRANTIES

You represent and warrant to maverickflow that you (i) own all right, title and interest in and to the URLs of your website; (ii) own or have obtained all rights necessary to publish all of the content published on or through your website and the user interface of your website; and (iii) have obtained all necessary consent(s) from Visitors required to enable the Services.

maverickflow does not represent or warrant that (1) the Services will be error- free or accessible at particular times, (2) defects will be corrected, (3) the Services, or the server(s) that makes it available, are free of viruses or other harmful components, or (4) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable. You specifically agree that maverickflow shall not be responsible for unauthorized access to or alteration of your data.

8. DISCLAIMERS AND LIMITATIONS ON LIABILITY

8.1. General Disclaimers

The information, reports and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. maverickflow and/or its respective vendors may make improvements and/or changes in the Services at any time, without obligation to notify any person or entity of such changes.

The Services may contain links to third party websites ("Third Party Websites"). Access to Third Party Websites is at your own risk and maverickflow is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites that you access from the Services. The Third Party Websites are not under the control of maverickflow and as such, maverickflow is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. maverickflow provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.

8.2. Disclaimers of Warranties

THE SERVICES, THE maverickflow SCRIPT AND ANY REPORTS DERIVED THEREFROM, ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY maverickflow EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, THE maverickflow SCRIPT, THE REPORTS, OR ANY DOCUMENTATION, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. maverickflow DOES NOT WARRANT THAT THE SERVICES, THE maverickflow SCRIPT OR ANY REPORTS DERIVED THEREFROM WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE ANALYSIS SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

8.3. Limitations on Liability

maverickflow AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF maverickflow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL.

maverickflow' CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO maverickflow FOR USE OF THE SERVICES.

9. SERVICE FAILURES

maverickflow does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (i) caused by failures of or previously scheduled maintenance to maverickflow' equipment or servers; (ii) caused by outages to any public Internet backbones, networks or servers; (iii) caused by any failures of your equipment, systems or local access services; or (iv) relating to events beyond maverickflow' control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where maverickflow or your servers are located or co-located.

10. U.S. GOVERNMENT RIGHTS

If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense ("DOD") acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.

11. TERM AND TERMINATION


11.1. General

maverickflow may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason.

11.2. Termination of Analysis Service

Either party may terminate the Services at any time and for any reason. To terminate your use of the Service, please follow the steps described in Section 2.7 ("Account Cancellation").

Upon any termination of the Analysis Services (i) maverickflow will cease providing the Analysis Service; (ii) you will delete all copies of the maverickflow Script from your web page(s); (iii) any outstanding balance payable by you to maverickflow will become immediately due and payable and any collection expenses incurred will be included in the amount owed; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you through maverickflow.

In addition, upon expiration of any Session with respect to a web page, you shall delete all copies of the maverickflow Script from such web page. You understand and acknowledge that, unless and until the maverickflow Script is deleted from a web page, the maverickflow Script may continue to track information on such web page on an automated basis.

12. MODIFICATIONS TO THIS AGREEMENT AND OTHER POLICIES

Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (i) by obtaining our written consent in an agreement signed by an officer of maverickflow; or (ii) as set forth below in the immediately following paragraph.

You agree that maverickflow may modify the terms of this Agreement or any policy governing the Services from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to the Agreement by (i) posting a notice on the maverickflow Website for 30 days following any revisions or modifications to this Agreement, or (ii) posting a notice on the maverickflow Website the first time that you visit the Website following such revisions or modifications or (iii) providing direct notice of such changes in a communication to your client account. By continuing to use the Services following receipt of such notice, you consent to the revised or modified terms of this Agreement.

13. MISCELLANEOUS; ARBITRATION, CHOICE OF LAW, AND VENUE

13.1. Excuse

maverickflow shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.

13.2. Severability and Waiver

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

13.3. Entire Agreement

This Agreement (including any amendment thereto) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties.

13.4. Agreement to Arbitrate

Certain portions of this Section 13.4 are deemed to be a "written agreement for arbitration" pursuant to the Federal Arbitration Act. You and maverickflow agree that we intend that this Section 13.4 satisfies the "writing" requirement of the Federal Arbitration Act.

If any controversy, allegation, or claim arises out of or relates to the Services, the Website, your Plan, or this Agreement, including, but not limited to, claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a "Dispute"), then either you or maverickflow may elect to submit the Dispute to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in San Francisco, California; but if the applicable arbitration rules or laws require the arbitration to be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, maverickflow shall have the right to elect to proceed to arbitration in such location. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and maverickflow will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require maverickflow to pay a greater portion or all of such fees and costs in order for this Section 13.4 to be enforceable, then maverickflow will have the right to elect to pay the fees and costs and proceed to arbitration.

In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys' fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A REPRESENTATIVE OR CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

13.5. Injunctive Relief

The foregoing provisions of this Section 13.4 will not apply to any (i) legal action taken by you or maverickflow to seek an injunction or other equitable relief, or (ii) controversy, allegation or claim that arises out of relates to your or maverickflow' actual or alleged intellectual property rights.

13.6. Choice of Law and Forum

This Agreement shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations; and California law, rules, and regulations, California law, rules and regulations shall prevail and govern. Except to the extent that arbitration is elected in accordance with Section 13.4 above, any action or proceeding relating to a Dispute may only be instituted in state or federal court in Santa Clara County, California. Accordingly, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Santa Clara County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The maverickflow Script and maverickflow Technology are controlled by U.S. Export Regulations, and may not be exported to or used by embargoed countries or individuals.

13.7. Notices

maverickflow may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your maverickflow account or by written communication delivered by first class U.S. mail to your address on record.

support@maverickflow.com

via first class or air mail or overnight courier, and are deemed given upon receipt.

13.8. Transfer or Rights

You may not assign or otherwise transfer any of your rights hereunder without maverickflow' prior written consent, and any such attempt is void. The relationship between maverickflow and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

13.9. Headings

The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this Agreement.

14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you operate or reside and to comply with any other local laws affecting the Services.


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