TERMS OF SERVICE

MEMBERSHIP

Please read our Terms of Service carefully.  By purchasing this monthly membership you (herein referred to as “Member, or Member of 401MAX.com”) agree to the terms stated herein.

SERVICE

401MAX Inc. (herein referred to as “401MAX” or “Company”) agrees to provide access to our membership website, “www.401MAX.com” to Member, and email updates to Member, (herein referred to as the “Service” or “Membership” or “Program”). Member agrees to abide by all policies and procedures as outlined in this agreement as a condition of Membership and their participation in the Service.

DISCLAIMER

Member understands 401MAX, is not an investment broker, financial analyst, or tax accountant, and is not providing these services, or acting in these capacities.  Member understands that 401MAX and its employees have not promised, shall not be obligated to, and: (1) will not open an investment account for the Member or place buy or sell trades for Member; (2) will not enroll Member in the 401(K) plan of the Member’s employer; (3) will not make any changes to the funds the Member is invested in inside their employer’s 401(k) plan. Member understands it is the responsibility of the Member to keep a current email address as their user ID where they can receive and can read emails. Member understands that email will be the primary method of communication between 401MAX and the Member.

Member may not receive an email from 401MAX.com for several reasons including but not limited to power outages, issues with our email server, issues with Member’s email server, emails being directed to a spam folder, or 401MAX.com may not include Member in an email sent to other Members of 401MAX.com.  It is the Member’s responsibility to log into 401MAX.com regularly to see if any new funds are recommended.

When fund changes are recommended on your 401MAX.com page, it is the Member’s responsibility to log into their employer’s 401(k) plan website to make any changes to their investments. As an alternative to logging into their employer’s 401(k) plan website, Member can also call their employer’s 401(k) plan customer service phone number and speak to a representative of their employer’s 401(k) plan to make any investment changes.

Notice to Member: 401MAX does not make changes in your 401(k) account for you. We simply update our website at www.401MAX.com and alert you via email when a new recommended allocation is available on our website www.401MAX.com. It is your responsibility to log into 401MAX.com using your user ID and password to view the new recommended allocation for your 401(k) account, and then make your own changes in your 401(k) account.

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FEES

The fee for 401MAX membership is one of the following two options: $29 monthly with the first monthly payment being charged today, upon sign-up, or a single payment of $299 as a discount for a 1-year membership.  Membership will automatically renew each month, or each year if you chose an annual membership, and your membership fee will be charged to your credit card. Member can cancel their membership at any time by written request. Simply email 401MAX at doug@401max.com. Upon receipt of your written cancellation request, no additional credit card charges will be made.

METHODS OF PAYMENT

If Member elects to pay the monthly membership fee, or annual membership fee, Member authorizes the Company to charge Client’s credit card or debit card.

401MAX REFUND POLICY

We want you to be satisfied with your purchase but we also want you to give your best effort to apply the strategy from 401MAX.  We offer a 30-day refund period for purchases.

In the event that you decide to cancel your Membership, within 30 days of enrolment, contact our support team at doug@401MAX.com and let us know you’d like a refund by the 30th day at 11:59 EST.  Because we want to provide the best possible Service to all our Members, please include in your email the reason for your cancellation request. All refunds are discretionary, as determined by 401MAX.com.

Members who cancel their membership will not be allowed to join again for a minimum of one year.

We will NOT provide refunds more than 30 days following the date of purchase.  After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the Service.

If you have any questions or problems, please let us know by contacting our support team directly.  The support desk can be reached at: doug@401max.com

CONFIDENTIALITY

The Company respects Member’s privacy and insists that Member respects the Company’s business and trade secrets.  Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Member or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to Member and Company. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum, or otherwise discuss with non-Members. Member agrees not to use such confidential information in any manner other than in discussion with Company. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. Member agrees not to violate the Company’s publicity or privacy rights. Furthermore Member will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Member including but not limited to; recommended allocations, 401(k) fund names, Company email addresses, third-party company titles or positions, phone numbers, or addresses. Additionally, Company will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this Membership Member agrees that if you, as a Member, violate or display any likelihood of violating this session the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

NO TRANSFER OF INTELLECTUAL PROPERTY

401MAX is copyrighted and original materials on our website that have been provided to Member are for Member’s individual use only as a single-user license.  Member is not authorized to use any of Company’s intellectual property for Member’s business purposes. All intellectual property, including Company’s copyrighted Service, emails, and/or course materials, shall remain the sole property of the 401MAX. No license to sell or distribute Company’s materials is granted or implied. By purchasing this Service, Member agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Member agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Member agrees that if Member violates, or displays any likelihood of violating, any of Member’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

MEMBER RESPONSIBILITY

Our Service is developed for strictly educational purposes ONLY.  Member accepts and agrees that Member is 100% responsible for their investment decisions and any changes in their own 401(k) account and their own investment results. Company makes no representations, warranties or guarantees verbally or in writing. Member understands that because of the nature of the program and extent, the results experienced by each Member may significantly vary. Member acknowledges that as with any investing endeavor, there is an inherent risk of loss of capital and there is no guarantee that Member will reach their goals as a result of participation in the Service. Company assumes no responsibility for errors or omissions that may appear in any program materials, webpages, or email communications.

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either Party, including without limitation natural disasters, acts of war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, closing of the stock market, actions by Member’s employer or 401(k) plan provider make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for Company and/or Member to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

SEVERABILITY/WAIVER

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force.  The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

MISCELLANEOUS

LIMITATION OF LIABILITY.  Member agrees they used Company’s services at their own risk and that Service is only an educational service being provided. Member releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, guides, staff, other Members, and related entities any way as well as the venue where the Service is being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Service. Member accepts any and all risks, foreseeable or unforeseeable. Member agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to: direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Membership. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below.  The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Member nor any of Member’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

ASSIGNMENT

Member may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time.  All modifications shall be posted on the 401MAX.com website and Members shall be notified.

TERMINATION

Company is committed to providing all Members in the Program with a positive service experience.  By purchasing this membership, Member agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Member’s participation in the Program without refund if Member becomes disruptive to Company, Member fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company.

INDEMNIFICATION

Member shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors.  Member shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Member recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in 401MAX Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge 401MAX and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.

RESOLUTION OF DISPUTES

If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association.  All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Member, Member is responsible for any and all arbitration and attorney fees.

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief.

NOTICES

Any notices to be given hereunder by either Party to the other may be effected by email, personal delivery, or by mail, registered or certified, postage prepaid with return receipt requested.  Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: doug@401max.com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America.

INVESTMENT RESULTS DISCLAIMER

Every effort has been made to accurately represent this product and its potential.

There is no guarantee that you will earn any money using the strategies in these materials.  Examples in these materials are not to be interpreted as a promise or guarantee of investment returns. Investment returns are entirely dependent on the investment choices of the person using our product, and the performance of the mutual funds the Member owns in their 401(k) account.

Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995.  Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of investment return potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our strategies recommended by this service.

If you do not understand or agree with any of these conditions, please do not purchase this service.  If you require further clarification, please contact us at doug@401max.com.