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Terms And Conditions

Thanks for using MAXX Wireless! This agreement ("Agreement") is a contract between you and MAXX Wireless, Inc. ("MAXX WIRELESS"). By visiting or using the MAXX WIRELESS web site (www.maxxwireless.tv) or short code services (483353), the MAXX WIRELESS Widgets, or Download/Subscription services (collectively, the "Services" or "MAXX WIRELESS Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").

1. THE MAXX WIRELESS SERVICE & BILLING INFORMATION

Create instant SMS groups with HUDDLE. MAXX WIRELESS invites you to create a huddle using this web service by entering your mobile number, huddle name, nickname, and carrier, then clicking "Create Huddle". On submission, you will receive up to 2 text messages confirming your new huddle. To contact MAXX or for help, call 866-625-7679.

To use Huddle, you must be 13 years of age or older and an authorized wireless account holder. Charges appear on wireless bill or deducted from prepaid balance. To opt out and cancel service, text STOP to HUDDLE (483353). For more information, text HELP to HUDDLE (483353).

MAXX WIRELESS' current rates:

Wireless SMS Group Messaging - Standard rate charges will appear on your wireless bill. Message and Data Rates May Apply.

You must have an SMS-enabled cell phone or device in order to access the MAXX WIRELESS services, including subscription and transactional services. Supported carriers include VerizonWireless, AT&T, Sprint, Nextel, Boost, Alltel, Cellular One, US Cellular, TMobile®, and Virgin.
Normal carrier charges and /or messaging fees may apply to any content or services you obtain from MAXX WIRELESS. MAXX WIRELESS is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the MAXX WIRELESS HUDDLE Group Messaging website or services.

Purchasing HUDDLE services Individually – You may purchase the MAXX WIRELESS HUDDLE services on a monthly subscription basis. By completing the registration process, you authorize MAXX WIRELESS to charge the appropriate fees to the mobile phone number you provide to MAXX WIRELESS during the registration process. You agree that normal carrier charges (WAP, MMS, GPRS, and SMS) may apply.

Right to Change Fees – All fees are subject to change upon notice from MAXX WIRELESS. MAXX WIRELESS will provide you with reasonable notice of such change through a service message to your device, a service email or by posting the change prominently on the website. If you do not agree to the new fees, you will have 10 days from such notice to cancel your Subscription.

Taxes – MAXX WIRELESS reserves the right to collect applicable taxes for certain features of the Service.

Help – Text 'HELP' to 483353 for text information on your MAXX WIRELESS Subscription Service. Text 'HELP' to 483353 for text information on your MAXX WIRELESS Transactional Service.

MAXX WIRELESS Widgets – From time to time, MAXX WIRELESS offers applications , including applications that may access certain information from the MAXX WIRELESS Service or facilitate the transmission of content to or from mobile devices, including for use on other platforms, such as the Facebook® Platform, (such applications and any accessible information, the "Widgets").

2. CANCELLATION & TERMINATION

Cancellation – You can cancel your MAXX WIRELESS Service by sending a text message from your mobile device containing only the word 'STOP' to the shortcode 483353.

To cancel all other Text Services, send a text message with the word 'STOP', 'END', or 'QUIT' to the shortcode 483353.

Text Services can also be cancelled by submitting a request to MAXX WIRELESS at support@maxxwireless.tv.

Cancellation will take effect immediately. MAXX WIRELESS will send you a text message confirming the cancellation. If you have any questions about cancellation please contact our customer service at support@maxxwireless.tv

Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, MAXX WIRELESS will not refund any fees.

Termination – MAXX WIRELESS reserves the right, at its sole discretion, to terminate your permission to access and use your MAXX WIRELESS account and/or the MAXX WIRELESS website for any reason at any time without notice, including in the event that MAXX WIRELESS reasonably believes that you have breached or acted inconsistently with any provision of the Terms. You acknowledge and agree that MAXX WIRELESS shall have no liability or responsibility to you for termination or suspension of your access or use, and that, in the event you breach these Terms, no portion of your fees will be refunded.

Disputes – Your sole right and remedy with respect to any dispute with MAXX WIRELESS is to cancel your account. Disputes may include, but are not limited to, disputes related to or arising out of: these Terms and Conditions or any policy or practice of MAXX WIRELESS, Including its Privacy Policy, or MAXX WIRELESS's enforcement or application of the same; the Downloads, Subscriptions, or Widgets; Your use or access to the Service or Subscriptions; and the MAXX WIRELESS billing method or amount or type of fees, surcharges and applicable taxes or any change to the same.

3. ACCEPTABLE USE OF MAXX WIRELESS

By downloading and/or using the MAXX WIRELESS Downloads, Subscription Services and/or Widgets, you agree that MAXX WIRELESS grants you a non-exclusive, non-transferable, revocable right to use the Downloads, Services, or Widgets on your compatible device for your own personal, non-commercial use only. Your use of the MAXX WIRELESS Services means you also agree to the following acceptable use policies:

Personal, Non-Commercial Use Only – The MAXX WIRELESS Services are for your personal, non-commercial use only. You understand and agree that you may not resell, transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service, including the Downloads, Subscriptions or Widgets. For example, you may not copy or distribute the Service, the Downloads, the Subscriptions, or the Widgets in any manner not expressly authorized by the Service. If you want to make commercial use of the MAXX WIRELESS Services, you must enter into an agreement with MAXX WIRELESS to do so in advance. Please contact us for more information.

Objectionable or Explicit Content – MAXX WIRELESS may contain content or materials that you may find objectionable. MAXX WIRELESS does not warrant, and makes no guarantee or representation, that you will not find all or part of any Download or Subscription to be objectionable. Parents should use appropriate parental discretion in determining whether you want to authorize minor children to access the service.

International Use – MAXX WIRELESS is hosted in the United States and is intended only for use in the United States. You agree that you will use the Service only in the United States. At this time, MAXX WIRELESS's services are not available to overseas visitors.

Intellectual Property Rights – The Downloads, the Text Services, and the Widgets made available as part of the Service are owned by MAXX WIRELESS, its licensors, partners and affiliates and are protected by U.S. intellectual property laws. By using the MAXX WIRELESS Services you understand and agree to abide by U.S. intellectual property laws and agree not to reproduce, modify, scrape, cache, frame, display, perform, transfer, distribute, create derivative works from, or otherwise use the Downloads, Text Services, the Widgets except as authorized in this Agreement, and agree not to authorize, encourage or allow such use by any other party. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and use of the Downloads, Text Services or Widgets.

"Bots", Hacking and Other Unauthorized Use – Users of MAXX WIRELESS may not attempt (or authorize, encourage or support others' attempts) to gain unauthorized access to any MAXX WIRELESS Services, user accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Downloads, Widgets and the Subscriptions. You may not use any web robots (bots'), web crawlers, data-mining, or similar applications to submit, gather and extract data from, or otherwise use the MAXX WIRELESS Services. You agree to advise MAXX WIRELESS promptly of any such unauthorized use(s) or attempt(s). You may not interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or act in a manner that negatively affects the ability of other users to use the Services.

Customer Support – Please direct any questions concerning the Service or any other MAXX WIRELESS-related issue, to a MAXX WIRELESS customer service representative by e-mail at: support@maxxwireless.tv.

4. MAXX WIRELESS PROPRIETARY RIGHTS

General – Your use of the Service, Downloads, Subscriptions, and Widgets is under license; you will not obtain any ownership interest in any of the Services through this Agreement or otherwise. All content in the Service or on the MAXX WIRELESS website, such as the Downloads, Subscriptions, Widgets, text, graphics, logos, button icons, images, data compilations, and software, is the property of MAXX WIRELESS or its content suppliers and protected by United States and international copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of MAXX WIRELESS and protected by U.S. and international copyright laws. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements.

Trademark Information – All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of MAXX WIRELESS and/or its affiliates, licensors and/or licensees. Without MAXX WIRELESS's prior permission, you agree not to display or use in any manner the MAXX WIRELESS' marks.

5. GENERAL TERMS

Applicable Law – These Terms of Service and your use of the Service, including the Downloads and the Subscriptions, will be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You expressly consent that the state or federal courts of San Francisco County, California shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or any claim involving MAXX WIRELESS or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers, and you hereby covenant that you will not bring suit in any other jurisdiction.

Severability of Terms – If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder of the Terms of Service will continue in full force and effect.

Entire Agreement – These Terms, which incorporate by reference the MAXX WIRELESS Privacy Policy, constitute the entire agreement between the parties with respect to your use of the Service or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by MAXX WIRELESS. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

Assignment of Terms – These Terms may not be assigned by any user of MAXX WIRELESS. These Terms may be assigned by MAXX WIRELESS and shall inure to the benefit of MAXX WIRELESS, its successors and assigns.

No Right of Survivorship or Transferability – You agree that your MAXX WIRELESS account, including any optional profiles you may create, is non-transferable and any rights to your account or the contents thereof terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

MAXX WIRELESS' Remedies – You agree that any unauthorized use of the Services, the Widgets or the Downloads would result in irreparable injury to MAXX WIRELESS and/or its affiliates or licensors for which money damages would be inadequate. In such event MAXX WIRELESS its affiliates and/or licensors, shall have the right to immediate injunctive relief against you, in addition to other remedies available at law and in equity. Nothing contained in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that MAXX WIRELESS, its affiliates and/or licensors may have, including but not limited to, any claim for intellectual property infringement.

Indemnity – By using the MAXX WIRELESS Services, you agree to indemnify and hold MAXX WIRELESS, its affiliates, employees, directors, successors and assigns, harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out your use of the Service, including the Downloads, the Widgets, and the Subscriptions, your violation of these Terms, or your violation of any rights of another party.

You must be at least 13 years of age to create or participate in the HUDDLE service.

6. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Disclaimer of warranties – By using the MAXX WIRELESS services you expressly understand and agree that: the MAXX WIRELESS Services, and all downloads, materials, applications, information, products and services included in the MAXX WIRELESS services are provided "as is" with no warranties by MAXX WIRELESS or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "MAXX WIRELESS entities"). MAXX WIRELESS and the MAXX WIRELESS entities expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

MAXX WIRELESS and the MAXX WIRELESS entities disclaim any warranties that the Services, the Downloads, the Widgets, or the Subscriptions will meet your requirements, or that your access to the same will be uninterrupted or error-free. MAXX WIRELESS and/or the MAXX WIRELESS entities, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Services, the Downloads or the Subscriptions with respect to the accuracy, operability, availability, security, reliability, timelines, and performance of the MAXX WIRELESS Services. MAXX WIRELESS disclaims any responsibility for the deletion or failure to store any content.

You understand and agree that you download or otherwise obtain material or data through the use of the MAXX WIRELESS services at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download or use of such material or data. You will not hold MAXX WIRELESS and/or the MAXX WIRELESS entities responsible for any damages that result from you using the Services including, but not limited to, any infections or contaminations of your devices you use to access the same or to transfer downloads that may result from that use.

No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to MAXX WIRELESS and/or the MAXX WIRELESS entities as applicable. MAXX WIRELESS and the MAXX WIRELESS entities disclaim any warranties for services or goods received through or advertised on the MAXX WIRELESS Services or received through any links provided by the MAXX WIRELESS Services.

Limitation of liability – under no circumstances, shall MAXX WIRELESS and/or the MAXX WIRELESS entities as applicable are liable for any unauthorized use of the Services, the Downloads, or Subscriptions.

Under no circumstances, including, but not limited to, negligence, shall MAXX WIRELESS or the MAXX WIRELESS entities be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use of, reliance on, or the inability to use, the Downloads or Services, or from the interruption, non-performance, suspension, or termination of the MAXX WIRELESS Services (including such damages incurred by third parties), even if MAXX WIRELESS and/or the MAXX WIRELESS entities as applicable, have been advised of the possibility of such damages.

This limitation shall also apply with respect to damages incurred by reason of advice, information, services or goods received through, or advertised on the MAXX WIRELESS Services or received through any links provided in the MAXX WIRELESS Services.

Without limiting the foregoing, MAXX WIRELESS or its licensors shall not be liable for any delay, interference or failure in performance resulting directly or indirectly from acts or conditions beyond its reasonable control, including without limitation, fire or other casualty or accident, internet failures, telephone equipment failures, acts of god, severe weather conditions, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency.

Exclusions and limitations – some states or other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

7. PROCEDURES FOR CLAIMS OF COPYRIGHT INFRINGEMENT

MAXX WIRELESS respects the intellectual property rights of others. MAXX WIRELESS may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat copyright infringers. If you believe that your work has been used in a way that constitutes copyright infringement, please send notice to MAXX WIRELESS's Copyright Agent, including the following information:

an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Copyright Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices can be sent to MAXX WIRELESS's Copyright Agent at:

Registered Copyright Agent
MAXX Wireless, Inc.
1360 Chestnut St San Francisco CA 94123
email: support@maxxwireless.tv
phone : (866) 625-7679
fax: 415.358.9756

8. CHANGE IN TERMS AND CONDITIONS AND MAXX WIRELESS SERVICES

MAXX WIRELESS may modify or terminate its Services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these Terms of Service by updating this posting. Please review these Terms of Service from time to time so that you will be apprised of any changes. Use of this service following a change to the Terms of Service constitutes agreement to the new Terms. If you cannot comply with the amended Terms, your only remedy is to cancel your MAXX WIRELESS Subscription and/or not use the Services.