The Customer recognizes and accepts that the present TERMS and conditions may be modified by Maximumsettings Inc. at any time in accordance with provision herein and any changes will be posted on Maximumsettings Inc. along with the effective date (2023-11-22).
Who we are
Our website address is: http://maximumsettings.com
Content
Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Maximumsettings Inc. from any claims resulting from the use of the service which damages the subscriber and any other party.
Spamming
Spamming, or sending of unsolicited e-mail, from any of our servers or using an e-mail address or domain that is maintained on our server machine as reference is Strictly prohibited. Maximumsettings Inc. will be the sole arbiter as to what constitutes a violation of this provision.
Backups
We suggest that you backup your gaming system as often as you see fit just in case there is some sort of corruption in our servers and we cannot retrieve the information properly. Maximumsettings Inc. will not be responsible for any loss data.
Refusal of Service and Termination
We reserve the right to refuse, cancel, or suspend service at our sole discretion. We may also terminate your account if you fail to start or login to your account for a period of 2 months.
Cancellations / Recurring Billing & Refunds:
Recurring Billing: Membership will not automatically renew. You required to opt-in before activating this feature. If opt-in all credit cards are billed automatically on their renewal dates. If you do not want to renew your account please cancel the account on or before the renewal date. Cancellations must be done through the online support panel https://support.maximumsettings.com/. Please make sure you obtain the cancellation ID or ticket number for your request to confirm cancellation of service.
Non Payment : It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we will send an e-mail notification at which point we will need to be provided with another credit card within 48 hours.
Account Deactivation: Any account deactivated due to non-payment must contact the billing department to reactivate it. We cannot guarantee that your account will be activated or that the data will be fully intact for overdue accounts.
In accordance with the approach to cancellation and termination described above, Maximumsettings Inc. will refund prepaid Service fees based on the number of days left in the last monthly billing cycle after your cancellation date.
Hourly credits will be refunded for the remaining credits that have not been used. No refunds will be issued for used credits. Please note that trial credits and free bonus credits, are non-transferable and have no cash value. If you have any questions about your credits or the refund policy, please contact our customer support team.
LIMITATION OF LIABILITY AND INDEMNIFICATION
Maximumsettings Inc. will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice, video or data quality. The aggregate liability of Maximumsettings Inc. to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL Maximumsettings Inc. , ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE Maximumsettings Inc. 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT Maximumsettings Inc. WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
FORCE MAJEURE
Notwithstanding any other provisions, Maximumsettings Inc. shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control.
THE CUSTOMER ACKNOWLEDGES AND SOLELY ACCEPTS THE RISKS ASSOCIATED WITH ANY ONLINE ACTIVITY. THIS INCLUDES, BUT IS NOT LIMITED TO, THE RISKS OF MALWARE, VIRUSES, DATA LOSS, DATA THEFT – INCLUDING PERSONAL AND PRIVATE INFORMATION, CONNECTION FAILURE OR NETWORK OUTAGES. THE CUSTOMER SHOULD SEEK PROFESSIONAL ADVICE BEFORE RELYING ON USE OF THE SERVICE FOR MEDICAL OR SECURITY PURPOSES.
Prohibited activities
Any unauthorized modification, interfering or tampering with the equipment, wiring, telecommunication facilities including, but not limited to, demarcation points, or unauthorized use of telecommunications in general, is prohibited and may constitute theft of telecommunication service under the Criminal Code of Canada.
Maximumsettings is provided to the Customer for personal, residential, non-commercial use ONLY.
Selling any of the services or utilizing them for purposes other than personal use is prohibited. In addition, you agree not to provide Internet access or any other service feature to third parties using the services.
Furthermore, the customer is responsible for ensuring that their activities do not hinder, disrupt, inhibit, degrade, or impede Maximumsettings capability to provide services and monitor the services, backbone, network nodes, and/or other network services.
Mining activities of any kind are also not allowed on Maximumsettings Inc. Gaming PC accounts. This includes both data mining and cryptocurrency mining.
This Fair Use Policy applies to Maximumsettings Gaming PC’s
Usage plans and services with flat rates or hourly access are contingent upon customers using the service within a typical range and in a manner that doesn’t excessively strain network capacity or adversely impact Maximumsettings ability to serve other users. For instance, Maximumsettings considers the following activities to be beyond a normal range of use and indicative of excessive network capacity consumption:
Prolonged and continuous use of high-bandwidth applications like multimedia streaming, voice over Internet protocol, or location-based services (LBS). Operating (hosting) servers for email, web, news, video, chat, Crypto Mining, or similar services. Reselling, transferring, or distributing the service for commercial purposes. Sharing with a third party. Engaging in or permitting any alteration, copying, reproduction, or tampering with electronic serial numbers or other identification, signaling, or transmission functions or components of the device used with the service. Maximumsettings reserves the right to immediately suspend, restrict, modify, or terminate all or part of any service provided to a customer or take other necessary protective measures if it determines, reasonably, that a customer is violating this policy.
VIOLATION OF THIS AGREEMENT
Use of the Service in a manner which Maximumsettings Inc., in its sole discretion, believes violates this Agreement, may result in Maximumsettings Inc. taking any responsive actions it deems appropriate. Such actions may include, but are not limited to, temporary or permanent removal of hosted content, messages or data; and the immediate limitation, suspension or termination of all or any portion of The Service. Maximumsettings Inc. shall not have any liability for any such responsive actions.
The above described actions are not the exclusive remedies of Maximumsettings Inc. and Maximumsettings Inc. may take any other legal or technical action it deems appropriate.
Maximumsettings Inc. reserves the right to investigate suspected violations of this Agreement, including the gathering and examination of information from The Customer or Customers and the complaining party, if any. During such an investigation, Maximumsettings Inc. may suspend The Service(s) involved.
NO WAIVER
The failure of Maximumsettings Inc. to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
Account Activation
By activating your account with Maximumsettings Inc. , you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
Notice: If you sign up for an account and do not follow our terms, no refunds will be given. We will however let you know by e-mail or phone before any action is taken place and you will have a chance to solve the matter.
Furthermore: Maximumsettings Inc. retains the right to change any or all of the above Policies, Guidelines, and Disclaimers without notification.
terms@Maximumsettings.com
Address
Unit 6, 11 Steinway Blvd,
Etobicoke, Ontario, M9W 6S9
Canada