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Effective Date: May 14, 2024

These Terms and Conditions ("Terms") govern your use of our Website and Social Media Pages (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use the Platform.

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Services

Maximus Digital is a social media marketing agency ("SMMA") that provides various services to help businesses grow their online presence. These services may include, but are not limited to:

• Social media strategy development

• Content creation and management

• Community management and engagement

• Social media advertising

• Social media analytics and reporting

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Acceptable Use of the Website & Social Media Pages

• You may only use the Platforms for lawful purposes and in accordance with these Terms.

• You may not use the Platforms in any way that could damage, disable, overburden, or impair the Website or Social Media Pages or interfere with any other user's enjoyment of the Platforms.

• You may not use the Platforms to obtain or disclose unauthorized information.

• You may not use the Platforms to post any content that is illegal, obscene, threatening, defamatory, invasive of privacy, or racially or ethnically offensive.

• You may not use the Platforms to infringe on any intellectual property rights of any third party.

• You may not use the Platforms to transmit any viruses or other harmful components.

• You may not use the Platforms to disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' experience.

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Client Content

• You grant Maximus Digital a non-exclusive, royalty-free license to use any content you provide for the purpose of delivering the Services. This includes, but is not limited to, text, images, videos, and logos. You represent and warrant that you own all rights to the content you provide or have the necessary permissions to use it.

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No Guarantee of a Specific Result 

• Regardless of any perceived representation to the contrary, Maximus Digital in no way guarantees a specific result for Client or Social Media Users. Client and Users understand and agree that they are paying Maximus Digital as a service to generate results, but that results are never guaranteed. 

• It is understood and agreed to that Maximus Digital has no control over Social Media and Advertising Platforms and if they decide to make changes to their advertising platform.

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Intellectual Property

• The content of the Platforms, including the design, text, graphics, logos, and images, is the property of Maximus Digital or its licensors and is protected by copyright and other intellectual property laws.

• Maximus Digital owns all intellectual property rights associated with the Platforms, including its content, trademarks, and copyrights. You may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, or transfer any content on the Website without the prior written consent of Maximus Digital.

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Links to Other Websites

• Our service, website, social media pages, etc. may contain links to third-party websites or services that are not owned or controlled by Maximus Digital. 

• Maximus Digital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

• You further acknowledge and agree that Maximus Digital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. 

• We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

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Client Responsibilities

You are responsible for:

• Providing accurate and complete information to Maximus Digital.

• Cooperating with Maximus Digital in the delivery of Services.

• Approving all content created by Maximus Digital before it is published.

• Complying with all applicable laws and regulations related to social media marketing.

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Payment Terms

• Payment terms for Services will be outlined in a separate agreement between you and Maximus Digital. You agree to pay all invoices on time and in accordance with the agreed-upon terms.

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Disclaimers

• Maximus Digital makes no warranties, express or implied, regarding the results that may be obtained from the use of the Platform or Services. We are not liable for any damages arising from the use of social media or the performance of your social media accounts.

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Limitation of Liability

• Maximus Digital's liability to you for any cause whatsoever, and regardless of the form of the action, will be limited to the amount paid by you for the Services.

• Maximus Digital shall not be liable for any damages arising out of or in connection with your use of the Platforms, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.

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Indemnification

• You agree to indemnify and hold harmless Maximus Digital, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, expenses, liabilities, damages, and costs (including attorney's fees) arising out of or in connection with your use of the Service or your violation of these Terms.

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Termination

• Maximus Digital may terminate these Terms and your access to the Webstite and Platforms, Social Media at any time, for any reason, with or without notice. You may also terminate these Terms by ceasing to use the Platform and Social Media.

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Confidentiality

• Maximus Digital will keep all confidential information you provide secure. You agree to keep all confidential information of Maximus Digital confidential as well.

Governing Law

• These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.

• Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

• Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Bergen County, New Jersey.

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Entire Agreement

• These Terms constitute the entire agreement between you and Maximus Digital regarding your use of the Platforms and Services.

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Severability

• If any provision of these Terms is considered to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

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Changes to Terms

• Maximus Digital may update and revise these Terms at any time by updating and posting the revised Terms on the Platforms. Your continued use of the Platforms following the posting of revised Terms means that you accept and agree to the changes. You are bound by any revisions and should therefore periodically visit this page to review the current Terms.

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Contact Us

• If you have any questions about these Terms, please contact us at info@maximusdigital.us or +1 973-418-1216