Terms of Service

1. Terms

This Web site is a service made available by Fortuna Logistics, LLC, an Delaware corporation doing business as maxconsoftware.com (referred to as “MaxCon”).  By accessing or using this Web site, any of MaxCon’s products, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. Web site. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING MAXCON’s PRODUCTS. ALL SALES ARE FINAL AND WE DO NOT OFFER REFUNDS.

2. Use License and Restrictions

1. Permission is granted to temporarily download one copy of the materials (information or software) on MaxCon’s web site for your only. This is the grant of a license, not a transfer of title, and under this license you may not:
   • modify or copy the materials;
   • use the materials for any other commercial purpose than what is provided;
   • attempt to decompile or reverse engineer any software contained on MaxCon’s web site;
   • remove any copyright or other proprietary notations from the materials;
   • transfer the materials to another person or “mirror” the materials on any other server; or
   • or use the materials in contravention of any law, statute, regulation or rule.
2. This license shall automatically terminated. Linkste if you violate any of these restrictions and may be terminated by MaxCon at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials (except your own data) in your possession whether in electronic or printed format.
3. All weather data provided through Maxcon is property of Weather Decision Technologies (WDT) and will be referred to as “The Weather Data”.  The user is granted a limited use license for The Weather Data from WDT for use by the user.   In no case may the user or the user’s company/employer copy, disseminate, publish, sublicense, grant use of, or share The Weather Data outside of the user’s company/employer or with other employees of the user’s company who don’t have license.  The user is not permitted to use The Weather Data or images of The Weather Data in print, electronic, or any other form for use in advertisements, mailers, door hangers, or any publically displayed or disseminated media without the expressed written consent of WDT.

   The Weather Data, both forecasts and analysis of past events, are considered advisory in nature.  Although great care is taken by WDT in creating and providing The Weather Data, WDT does not warrant the correctness or completeness of any of The Weather Data.

3. Disclaimer.

The materials on MaxCon’s web site are provided “as is.. MaxCon makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MaxCon does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall MaxCon or its suppliers or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MaxCon’s Internet site, even if MaxCon or a MaxCon authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on MaxCon’s web site could include technical, typographical, or photographic errors free of viruses or other harmful components, or that defects will be corrected. MaxCon does not warrant that any of the materials on its web site are accurate, complete, or current. MaxCon may make changes to the materials contained on its web site at any time without notice. MaxCon does not, however, make any commitment to update the materials.

6. Links

MaxCon has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MaxCon of the site. Use of any such linked web site is at the user’s own risk.  You may link to this site provided you do not remove any material presented on this website when providing your link and you do not have illegal or pornographic material on your website.  You also agree to remove a link immediately upon request by MaxCon.

7. Site Terms of Use Modifications

MaxCon may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

9. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

10. Governing Law

Any claim relating to MaxCon’s web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.

11. Refund Policy

All Sales are final. There are no refunds. All members who choose to withdraw from the software after the monthly subscription is paid for will not receive a refund on the balance of that month. No further charges will incur once account is deactivated by customer.

12. Cancellation Policy

There is no contract for the use of the program that locks you in for an extended amount of time like most of our competition. Payment is required on a monthly basis and continues as long as you are using MaxCon Pro software.

If at any time you choose to cancel service with MaxCon, there will be no cancellation fees.

COPYRIGHT NOTICE:

MaxCon respects the intellectual property rights of others and expects our customers and visitors to our website to do the same.  Relevant copyrights are owned by Fortuna Logistics, LLC and the material on this website is not to be copied or used without written permission of Fortuna Logistics, LLC.

By accessing this website you agree to the Terms Of Use.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c), all notifications of copyright infringement relating to content posted on this website should be sent to our Designated Agent, whose contact information is provided below.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING AGENT BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT TO THE CONTACT LISTED BELOW AS THEY WILL NOT BE ANSWERED.

Under federal law, if you knowingly make a material misrepresentation that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys’ fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation.

Written notification must be submitted to the following Designated Agent of Fortuna Logistics, LLC & MaxCon:

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include, substantially, the following:

An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work (or works) that you claim has been infringed; and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); a description of the material that you claim is infringing; a clear description of where the infringing material is located on our website, including its URL, so that we can locate the material; Your address, telephone number, and e-mail address; a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.