Terms of Service | Max Delta Ops

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Max Delta Ops (“MDO,” “we,” “us,” or “our”) governing your access to and use of our website located at maxdeltaops.com (the “Site”) and any information, content, or services made available through the Site. The Site and our online touchpoints are intended for use by individuals in their business or professional capacity as representatives of a company or organization, not for personal, family, or household purposes. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.

2. Description of Services

MDO provides operations and managed support services, including but not limited to subscription operations, billing and payment support, customer support, managed support for deployed applications and services, and operational coordination for ongoing service delivery (collectively, “Services”). The Site is intended to provide general information about MDO and our Services and to facilitate contact and support requests. The description of Services on the Site is for informational purposes only. Any actual engagement for Services is subject to a separate written agreement (e.g., master services agreement, statement of work, or order form) between you and MDO. Nothing on the Site, including these Terms, shall be construed as modifying any such separate written agreement, or as an offer to provide Services or to create a client relationship until such an agreement is executed.

3. Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site: (a) in any way that violates applicable federal, state, local, or international law or regulation; (b) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent; (c) to impersonate or attempt to impersonate MDO, an MDO employee, another user, or any other person or entity; (d) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm MDO or users of the Site; (e) to introduce viruses, malware, or other malicious code; or (f) to attempt to gain unauthorized access to any portion of the Site, other accounts, or any systems or networks connected to the Site. We reserve the right to terminate or suspend your access to the Site at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

4. Intellectual Property

The Site and its entire contents, features, and functionality (including but not limited to text, graphics, logos, and design) are owned by MDO or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any part of the Site without our prior written consent. You may view and print a reasonable number of copies of content from the Site for your personal, non-commercial use, provided you do not remove any proprietary notices.

5. Disclaimer of Warranties

THE SITE AND ANY INFORMATION OR CONTENT PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MDO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MDO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MDO, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MDO’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. Indemnification

You agree to indemnify, defend, and hold harmless MDO and its affiliates and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; or (c) your violation of any third-party right, including any intellectual property or privacy right. MDO reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with MDO in asserting any available defenses.

8. Governing Law and Venue

These Terms and any dispute or claim arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or related to these Terms or the Site shall be brought exclusively in the federal or state courts located in Texas, and you consent to the personal jurisdiction and venue of such courts.

9. Changes to the Terms

We may modify these Terms at any time by posting an updated version on this page and updating the “Last updated” date above. The updated Terms are effective as of the time they are posted. Your access to or use of the Site after the updated Terms are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Site. Changes to these Terms do not alter the terms of any separate written agreement you may have with MDO for Services.

10. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such provision had never been included.

11. Contact

If you have questions about these Terms, please contact us via the contact form or support options available on the Site.