Maxinars, LLC Terms and Conditions

INTRODUCTION

I have chosen to participate in a Max Gardner’s Bankruptcy Boot Camp (“Program”) operated by Maxinars, LLC (“Maxinars”) and/or to purchase Program materials through the Maxinars’ website, www.MaxBankruptcyBootCamp.com (the “Portal”).  As a participant in the Program and/or by purchase of program materials through the Portal, I may from time to time be given the opportunity to consult with licensed attorneys, including Max Gardner, and other people associated with Maxinars, who may be employed by, under contract with, or acting on behalf of Maxinars (“Maxinars Professionals”).

I understand that upon attendance at a live event, I will be asked to sign this “Terms and Conditions and General Waivers” in connection with my participation in the Program and/or purchase of Program materials through the Portal, and that proceeding with the purchase and viewing of online program materials constitutes acceptance of these terms.

BRIEF SUMMARY OF THE TERMS AND CONDITIONS (Please read the full text)

This brief summary of the Terms and Conditions of my participation in the Program is intended as a summary only.  To the extent of any conflict between this summary and the full text of the Terms and Conditions, the full text of the Terms and Conditions shall control.  I acknowledge that by signing this document and/or accepting these Terms and Conditions online, I am releasing Maxinars from certain liability as described in the full text below.

Maxinars and the Maxinars Professionals are focused on giving advice in the areas of Bankruptcy, Chapter 11, Bankruptcy Litigation, and Foreclosure Defense. The Maxinars Professionals are not giving legal advice or counsel.  I understand that I should consult a licensed attorney for any and all legal advice.

I also acknowledge and agree that the materials Maxinars uses for the Program and through the Portal are legally protected.  I can’t copy or sell any of the materials without express written permission from Maxinars.  A Maxinars Professional may connect me to another group or website for more information.  Maxinars is not responsible for the material there, and those external resources may have different rules to follow.

Maxinars can change the Terms and Conditions at any time and will post the changes on the Portal.  Since Maxinars is based in Illinois, the Program will follow Illinois law.  If I have questions about the content contained here, I know I have the right to speak with a lawyer.

BY CONTINUING WITH MY PURCHASE, I HEREBY ACCEPT AND AGREE TO THE FOLLOWING:

TERMS AND CONDITIONS OF PARTICIPATION IN THE PROGRAM (“Terms and Conditions”) 

1.  Maxinars and the Maxinars Professionals Do Not Provide Legal Advice or Counsel

I hereby acknowledge that all information and content contained in the Program and Portal, including without limitation, all information, text, case law, examples, and other material (collectively “Content”) and all information provided to me verbally, electronically or in any other form by Maxinars and the Maxinars Professionals (collectively “Information”) is for informational and educational purposes only, does not constitute legal advice, and is not a substitute for retaining a licensed attorney to advise on or conducting my own legal research regarding the specific matter or matters I may come into contact with.   I acknowledge that the Maxinars Program and Portal do not provide or constitute legal advice on any specific case, situation or matter, the Portal does not provide a complete or definitive statement of the law or practice of any specific area, including Bankruptcy, Chapter 11, Bankruptcy Litigation, and Foreclosure Defense.  The materials contained in the Program and Portal do not, and are not intended to act, as a source for advertising or solicitation.

I will not rely upon on the Content in the Program, the Portal or Information provided to me by Maxinars or the Maxinars Professionals, and I assume all risks if I use Content or Information in my decision-making regarding any and all legal matters.  

I understand that the information contained in or made available by Maxinars or any third party through the Program or Portal cannot replace or substitute for the services of trained professionals in any field, including the legal arena.  Maxinars does not offer legal advice and none of the information contained in the Program or Portal shall be interpreted as legal advice.

2.  Maxinars Disclaimer of Liability

In consideration of Maxinars permitting me to participate in the Program and/or purchase of materials through the Portal and other good and valuable consideration, I hereby forever release and discharge Maxinars, the Maxinars Professionals, and Maxinars’ assigns, agents, successors, successors in interest, predecessors in interest, attorneys, employees, managers, members, officers, directors, shareholders and independent contractors whether herein named or referred to or not (collectively the “Maxinars Team”) of and from all manner of action and actions, cause and causes of action, injuries, losses, suits, debts, dues, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, claims, appeals and demands whatsoever, in law or in equity, under common law, administrative rule or statute, which I have now or may have at any time in the future, whether known or unknown, fixed or contingent, liquidated or unliquidated, and whether arising from tort, statute or contract resulting from my participation in the Program (the “Maxinars Release”).

In accepting these Terms and Conditions, and thus granting the Maxinars Release, I understand that I am waiving and extinguishing all claims of every type, including those known and unknown and those suspected and unsuspected, without regard to whether they are now known or suspected, even if those claims may materially affect my decision to enter into the Maxinars Release.  I understand this is a general release, and I fully understand that I cannot hereafter make any claims or seek any recovery by reason of any claim of any nature whatsoever relating to any matter within the meaning of the Maxinars Release.  I acknowledge that I may hereafter discover facts in addition to or different from those which I now know or believe to be true with respect to the released claims, but it is my intention to fully and forever release any and all claims, known or unknown, suspected or unsuspected, which do now exist, may in the future exist, or heretofore have existed.

I acknowledge that I: (a) have read and/or have had interpreted for me the Maxinars Release; (b) understand that it includes a general release; (c) have been fully advised by counsel and/or have had the opportunity to consult with an attorney prior to executing the Maxinars Release; and (d) intend to be bound personally and legally by the Maxinars Release.  Each term and provision of the Maxinars Release is intended to be severable. 

3.  Maxinars Disclaimer of Warranties/Limitation on Damages

I hereby acknowledge and agree that the Portal and the Content contained therein and any other Information provided to me by Maxinars and the Maxinars Professionals as part of the Program is provided on an “AS IS” and “AS AVAILABLE” basis.  I agree that the Maxinars Team shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which I may suffer as a result of or which may be attributable, directly or indirectly, to my participation in the Program, including without limitation, my access to and use of the Portal, any Content contained on the Portal or any Information provided to me by Maxinars or any Maxinars Professional.

I agree that under no circumstances shall the Maxinars Professionals and/or Maxinars Team be liable for any direct, indirect, incidental, punitive, special or consequential damages that result from my participation in the Program and/or purchase of content through the Portal, including without limitation my use of or reliance on any Content contained in the Portal or any Information provided to me during the Program or otherwise by Maxinars or the Maxinars Professionals.  The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Maxinars has been advised of or should have knowledge of the possibility of such damages.  

4.  Proprietary Rights & Restrictions of Use

I hereby acknowledge and agree that all Content in the Program and Portal and all Information provided to me by Maxinars or any Maxinars Professional is confidential and protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.  All Content in the Program and Portal and all Information provided to me by Maxinars or any Maxinars Professional is copyrighted as a collective work under the U.S. and international copyright laws, and Maxinars owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content on the Portal and all Information provided to me by Maxinars or any Maxinars Professional.

Except as expressly authorized or licensed, I agree that I will not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit, any of the Content on the Portal or any Information provided to me by Maxinars or any Maxinars Professional, in whole or in part without the express written consent of Maxinars.

5.  Audio / Visual Rules and Release for Program Participants.  I agree that I will not use any type of recording device to capture the information provided at the Program.  No recording devices, photography or videography is allowed in the Program space.

I understand that portions of the Program’s live events may be recorded in video and audio and/or captured in still and digital photographs by Maxinars.  I agree that Maxinars and its assigns have the right and permission to use such recordings and  photographs should they include my name, likeness, voice, or participation, for marketing, advertising or sale of the Program through any medium without compensation, permission or notification.  I agree that all recordings from the Program are the exclusive rights of Maxinars and I do not ask for or expect compensation for the use of recordings or photographs in which I may appear or speak.  Maxinars shall own all rights to any audio, video, and/or photograph captured during the Program or at any of Maxinars’ other live events.

6.  External Links for Portal

I agree that the Portal may contain links to websites operated by third-parties (“Third-Party Site(s)”).  I acknowledge that these links are available for my convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

I acknowledge and agree that Maxinars does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its Content.  A link to a Third-Party Site on the website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site.  I acknowledge that the conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms and Conditions.  I agree that I will review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to my use of Third-Party Sites.

7.  Cancellation Policy for Program Participants 

I understand that upon registration for the Program, Maxinars makes extensive arrangements and investments in anticipation of tuition and attendance, and in the case of cancellation, Maxinars will incur significant expenses and loss of business.  In addition, there is limited participation for each Program.  For these reasons, Maxinars does not accept cancellations or issue refunds beginning ____ days after registration for the Program.  If I cancel within ___ days of registration for the program, I will receive a full refund, however if I seek to cancel my registration after ___ days, I understand and agree that  I will not receive a refund under any circumstances.

8.  Reservation of Rights

I acknowledge and agree that Maxinars reserves the right to make changes to these Terms and Conditions at any time without notice, and that any such change shall be immediately effective upon the modification of these Terms and Conditions on the Maxinars Portal.

9.  Applicable Laws

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any principles of conflict of law.  I agree that the state and Federal courts within the State of Illinois shall have personal jurisdiction over me personally and I expressly waive any objection to personal jurisdiction over me in the state or federal courts in Illinois.  I agree that all actions or proceedings arising in connection with these Terms and Conditions shall be filed and litigated exclusively in the State courts located in CookCounty, State of Illinois and/or in the Federal court for the Northern District of Illinois.  The aforementioned choice of venue is intended to be mandatory and not permissive in nature.  I hereby waive any right I may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State courts located in Cook County, State of Illinois and the Federal court for the Northern District of Illinois shall have in personam jurisdiction and venue over me for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to these Terms and Conditions.

10.  Severance and Waiver

I acknowledge and agree that if any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, I nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision.

Maxinars’ failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

11.          Voluntary Participation and Waiver

I know that my participation in the Program is voluntary and that by signing below and/or accepting these Terms and Conditions online,  I am agreeing to follow these Terms and Conditions – it becomes a formal contract in this way.  I know it’s important to understand this because this document includes releases and waivers of some of my rights. If I have questions about these Terms and Conditions, I know I can consult an attorney before signing or accepting.