SignMAX Terms of Use

IMPORTANT - READ CAREFULLY: These "Terms of Use" (sometimes referred to as this "Agreement") constitutes a legal agreement between you and SignMAX enterprises Inc., a Montreal incorporated company. You are a customer ("Member") (or will become a Member if you agree to our Terms of Use by clicking below). The "Term" is the time during which you are entitled to use our website to download and use out fonts, logos, software and other digital content. If an individual purports, and has the legal authority, to sign these Terms of Use electronically on behalf of an employer or client, "you" refers to the employer or client. If not, "you" refers to the individual signing hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with. By clicking the button to join SignMAX, you will be agreeing to the terms of this Agreement. Furthermore, by clicking that button, after typing in your username, or other indication of your identity, you do confirm to us that typing in such indication of identity constitutes your "signing" of this Agreement for all purposes under applicable law. Any individual clicking the button on behalf of another individual or entity, listed as the Member above, does hereby represent and warrant that such agreement is being made with full authority.

WARNINGS OF SERIOUS LEGAL CONSEQUENCES

Warning: Under Section "15" of these Terms of Use, if you engage in certain conduct, such as violating laws that regulate copyright use, try to take advantage of us in violation of our Terms of Use by taking such actions as using our servers to host images for your website or failing to pay an amount you owe us, we will be entitled to collect from you the higher of a pre-set amount or a multiple of your charges for one year on an annualized basis (which is a reasonable pre-estimate of the actual damages we would likely suffer from such conduct) plus attorney fees. We offer very powerful tools at a very low price. In exchange we expect our customers to act with integrity and follow our rules in order to help us maintain our reputation as asking the right to commercially use a logo or a font in your commercial project and to not otherwise abuse our system.

Part 1

(Applies to All Members of SignMAX)

1. Purpose : The purpose of these Terms of Use (this "Agreement") is to set forth the terms and conditions under which you are permitted to use our logos, software and fots membership, distribution and management system (the "Services"). Any email, including but not limited to any email newsletters, sent out using the Services, are referred to herein as an "Email."
2. Changes : We reserve the right to change any of the terms of this Agreement by posting the revised Terms of Use on our Website and/or by sending an email to the last email address you have given to us. Unless the Term is terminated within ten (10) days, this new Agreement will be effective immediately with respect to any continued or new use of the Services.
3. Eligibility : We require that any Member be at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Services does not violate any applicable law or regulation. Your uploads may be deleted and your subscription may be terminated without warning, if we have reason to believe you are under eighteen (18) years of age.

Prohibited Content and Industries Don't use Signmax to post or share anything offensive, to promote anything illegal, or to harass anyone. You may not post:

• Post Pornography or other sexually explicit
• Post Offering to sell illegal substances
• Post false informations about any enterprise
• Post unsollicited advertising
• Post spam information about an website
• Post a comment that dammage SignMAX reputation, other customer or enterprise reputation
• Promote Illegal goods or services
• Promote Escort and dating services
• Promote Pharmaceutical products
• Promote Work from home, Internet Lead-gen, Make money on online opportunities, etc.
• Promote Online trading, day trading tips, or stock market related content
• Promote Gambling services, products or gambling education
• Promote Multi-level marketing
• Promote Affiliate marketers
• Promote Credit repair, get-out-of-debt content
• Promote Mortgages and/or Loans
• Promote Nutritional Supplements, Herbal Supplements or Vitamin Supplements
• Promote Pornography or nudity in content
• Promote Adult novelty items or references in content
• Promote List brokers or List rental services
• Promote Marketing or sending commercial email without proper permission

Generally speaking, if you're in an industry that is frequently associated with spam, you know who you are (it's probably why you're reading this far, right?). We make no judgments about your line of business, but we cannot afford to risk our deliverability. In fact, most website like SignMAX will not be able to help you.

Who Can Use SignMAX
If you do not meet these eligibility requirements, you may not use the SignMAX service:

1. You must be at least 18 years of age, and be able to form legally binding contracts under applicable law.
2. You must complete the registration process and agree to the terms of this Agreement. All contact information you submit must be true, complete, and up to date.
3. SignMAX does reserve the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion.

Data Archival
Our servers store tons of data. Occasionally, we need to archive and/or delete some of it to make room for new data, so that we don't have to keep raising prices in order to afford more and more servers. Here are our data archiving rules:

SignMAX reserves the right to change our fees at any time by posting a new fee structure to our Website and/or sending you a notification of the change by email. If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund. If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed. As an website, we feel it's our duty to be extra vigilant about preventing spam related abuses. It's not just bad for the Internet community in general—if illegal and/or abusive spam gets post from our system.

It's in our best interest to keep our system clean, because our reputation and deliverability depends on it. So here's what we do:

• Right to Review Anything you Post on our Website
  We, including our employees and independent contractors, are permitted to copy and transmit copies of the content that you post to develop algorithms, heuristics and computer programs ("Tools") to help us more efficiently spot problem accounts and to use such Tools, together with personal viewing by employees and or independent contractors, to uncover Members who violate either these Terms of Use or applicable law.
• Reporting Abuse
  We take abuse reports seriously at SignMAX. If you've see spam post, copyright infringment that you think is illegal, we want to hear about it. Please report the fact to SignMAX by using this reporting page: http://SignMAX.com/contact/abuse/

No Warranties : to the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.

Limitation of Liability : to the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.

Indemnity : You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a "Limitation of Liability" or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement. Liquidated Damages : The parties agree that we may recover liquidated damages, in lieu of any other damages that may have been recoverable, for certain types of breaches of these Terms of Use, which we refer to as "Abusive Conduct." Liquidated damages are being made available for specified situations in which proving the actual damages would likely be impossible. The liquidated damages are being set at a reasonable pre-estimate of the damages that would be incurred as a result of the particular type of breach. The particular type of breaches that constitute Abusive Conduct, and the liquidated damages for each type are as follows:

Attorney Fees : In the event we file an action against you claiming you breached this Agreement and seeking to recover liquidated damage and/or other relief, and we prevail, we shall be entitled to recover reasonable attorney's fees in addition to any damages or other relief which we may be awarded.

Reporting Violations : If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy. If you believe that any user of this Website has posted materials in violation of any other rights that you may have, you may notify us in accordance with our Removal Policy.

Assignments : You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.

Compliance With Law : In using the Services, you agree that you will comply with all applicable laws.

Applicable Law and Jurisdiction : This Agreement will be governed by the laws of the Province of Quebec (Canada). Except as otherwise provided in this Section below, each of the parties does hereby agree that any dispute related to this Agreement, any other agreement between the parties, the Privacy Policy or the Services, will be decided by the state and federal courts located in Quebec, Montreal and agrees that that party is subject to the jurisdiction of such courts in such locality. If, under applicable law relating to the selection of venue in Quebec, a case may not be brought in a court located in Fulton County, the case may be filed in a state or federal court of competent jurisdiction located in the Province of Quebec where the case may be brought.

Part 2

(Additional Provisions Applicable to All Members)

1. Force Majeure : We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.
2. Survivability : The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
3. Severability : The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
4. Interpretation : The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
5. Amendments : No amendment or other change of this Agreement shall be effective except as either expressly permitted under these Terms of Use or agreed to in writing between the parties.
6. Privacy Policy : You agree that we may access, collect, use and disclose your information as set forth in our Privacy Policy. In this regard the terms of the Privacy Policy are to be treated as if they were added to and part of this Agreement and shall be binding on all parties hereto.
7. Further Actions : You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.
8. Notification of Security Breach : In the event of a security breach that may affect you, or individuals listed on one or more of your Email distribution lists (each a "List"), we will notify you of the breach and provide a description. In the event we reasonably determine, and notify you, that it is necessary for all or part of such information to be forwarded on to individuals on one or more of your Lists, you will promptly forward such information to the individuals on such List or Lists.
9. Amendments : No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.
10. Notices : Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website. Any notice to us will be effective when delivered to us with a copy to our outside counsel: Rob Hassett, Casey Gilson P.C., Six Concourse Parkway, Suite 2200, Atlanta, GA or rob@internetlegal.com or such replacement addresses as we may later provide on the Website.
11. No Changes in Agreement at Request of Member : Because of our huge number of Members, we cannot, as a practical matter, change this Agreement for any one Member or group of Members. If we did that, keeping up with the changes alone would be a logistical nightmare. In addition one reason we are able to offer one of the most powerful email/electronic newsletter creation, distribution and management systems at a low price is that we are able to use this Agreement to reduce our financial risks.
12. Entire Agreement : The terms of the Privacy Policy posted on this Website are incorporated by reference herein. This Agreement, including such policy which is incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties hereto, relating to the subject matter hereof.