Terms of Use


TERMS OF USE

Policy last updated: April 12, 2018

This website (www.reliamax.com) and its affiliated pages (collectively, the "Site") is made available by ReliaMax Lending Services, LLC. Please read this Terms of Use Agreement (the "Agreement" or "Terms of Use") carefully and its entirety. This Agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. In this Agreement, the words "you", "your" or "User" means any individual accessing or using the Site (as defined below) directly or indirectly, and any such individual's agents or representatives, and any cosigner designated on any loan application submitted through the Site or our Services (as defined below). By accessing or using the Site or our Services (as defined below) through any direct or indirect means, you agree to be bound and abide by the Terms of Use and to the collection and use of your information as set forth our Privacy Policy. If you do not agree to the Terms of Use you must not access or use this Site or our Services.

1. ACCEPTANCE OF THE TERMS OF USE

These Terms of Use are entered into by and between you and ReliaMax Lending Services, LLC ("ReliaMax", "we", "our" or "us"). These Terms of Use govern your access to and use of the Site and our Services (as defined below), including any content, functionality, and services offered on or through the Site, whether as a guest or a registered user, and any mobile application (the "App") from time to time (collectively, the "Services"). The Services are offered and available to Users who apply for a private student loan and/or whose private student loans ("Loans") are being serviced by ReliaMax. The Services include the ability to complete a loan application, upload and view documents manage and make payments on your Loans. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet these requirements, you must not access or use the Services.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them or at such later time specifically designated on the Site and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction, below, will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

It is our policy to post any changes we make to the Terms of Use on this page, with notice that the Terms of Use has been updated on the Site's homepage. However, you are expected to check this page periodically to ensure you are aware of any changes to the Terms of Use, as they are binding on you. The date the Terms of Use was last revised is identified at the top of this page. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.

Information we collect from you

We collect (a) information regarding your use of this website and (b) information you provide to us when you use our services regarding your student loans. It may include information such as your name, address, residence information, telephone number, email address and the ReliaMax web pages visited. It also includes information from your communications with us such as letters, telephone calls, and emails.

2. ABOUT THE SERVICES

ReliaMax is not a lender or a broker. As used in these Terms of Use, the term "Lender" means the lender or other entity that holds one or more of your Loans. We originate and service private student loans on behalf of Lenders. We use the information you provide to process your application and to help in the servicing of your Loans. We collect information from you to register you as a User of our Services and create a User account with us. By using the Services, you acknowledge and agree that we may transfer the information you provide us to the applicable Lenders for your Loans.

Not Your Agent. We are not your agent, representative or otherwise acting on your behalf.

Collection of Information and Verification. You may be required to furnish personal identifying information. Our policies regarding the collection and use of your information are set forth in our Privacy Policy. We may use your information in connection with the Services, including without limitation the fulfillment of your application, receiving payments, presenting alternative payment plans, granting deferments or other actions regarding your Loans. You further agree that we may verify your identity and the information you provide us with third parties. We, or a Lender, may require further information from you to comply with our legal obligations, including, without limitation, anti-terrorism laws and regulations. You agree that any information you provide us will be governed by the Terms of Use, including, without limitation, the Prohibit Uses provision, below, and our Privacy Policy.

Sharing of Information. You agree and expressly authorize us to share the information you provide to us with Lenders, in such manner as we deem appropriate, in our sole discretion. You acknowledge and agree that Lenders have their own privacy practices and that you should review and understand their privacy policies and website terms of use, and those terms of use and privacy policies may be different from our Terms of Use and Privacy Policy. You agree that both the Lender and we may communicate with you regarding your use of the Services, and the information you have provided through the Services. You further agree and acknowledge that we may share the information you provide to us with our third-party service providers who provide services to us in connection with the servicing of your Loans.

3. SERVICES CONTENT

The products, services, information, materials, graphics, arrangement, design, text, sound and other items that are part of the Services and these Terms of Use are subject to change any time, without notice, at our sole discretion. You agree that we may revise or discontinue any services that may be made available through the Services at any time without notice. Any dated information is published as of that date. We have no obligation or responsibility to update or amend any such information. We reserve the right to terminate any Content or the Services at any time, without prior notice. We reserve the right to modify any of the Content or the Services at any time, without notice. You agree to review the Content on Site and App periodically to ensure that you are aware of any modifications. If you continue to use our Services after modifications are effective you agree to the Content as modified.

The Content is provided for informational purposes only. We believe the Content is accurate, but do not warrant its completeness, timeliness or accuracy. You understand that any examples, calculators, or other tools we may make available through the Services are to provide you with estimates only. These estimates may be different from actual amounts. We do not warrant that any tools, examples or calculators are accurate or error-free.

4. USE OF THE SERVICES

The Services are intended for use for individuals who are at least 13 years old. If you are under the age of 13 you should not be visiting or using the Services. You may view the Content contained on the Services and print pages from the Services only for informational, non-commercial purposes. Any unauthorized or illegal use of the Services or the Content is strictly prohibited.

You agree not to attempt to log on to or access the Services from any country under sanctions by the Office of Foreign Asset Control ("OFAC"), which countries are under sanctions may be found on the United States Department of the Treasury website. Any attempt to log on to or access the Services from such a country may result in your access being restricted or terminated. Your use of the Services may be monitored, tracked and recorded. By using or accessing the Services, you expressly consent to such monitoring, tracking and recording. Your use and access of the Services is personal to you. You agree that you will not duplicate, reproduce, sell, resell, use or exploit the Content or the Services for any commercial purpose.

You agree that you will not use any robot, spider, automatic, or manual device to monitor or copy the Services or any Content. You will not interfere or use any device, software, or process to interfere (or attempt to interfere) with the proper working of the Services or use the Services in any manner that could disable, overburden, damage or impair the Services or any other party's use of the Services. All attempts to gain unauthorized access to the Services or related intellectual property, or introduce viruses, Trojan horses, worms, logic bombs, malware, ransomware or any other malicious code are strictly prohibited. You agree that when using the Services, you will not misrepresent your identity or impersonate any other person.

You represent and warrant to us that you have the legal right and ability to enter into these Terms of Use and to use the Services in accordance with these Terms of Use. You understand and agree that your use of the Services is at your own discretion and at your own risk. By using or accessing the Services you understand and agree that we disclaim any liability (whether based in contract, tort, negligence, strict liability, or otherwise) for any direct, indirect, incidental, consequential, compensatory, punitive or legal (whether under statute, regulation or at common law) damages that may arise out of your access to or use of the Services or your reliance on the Content. This includes any liability that may be associated with any viruses, malware, ransomware or other malicious code of any type that may infect your computer equipment.

If we provide you with a secure means of authenticating your access to a portion of the Services such as by means of a user ID and password or code (the "Credentials"), you agree that you are responsible for maintaining the confidentiality of such Credentials. You agree that you will not share such Credentials. If you do, you understand that you are responsible for any acts taken by the party to whom you provided the Credentials. You agree that you will immediately notify us of any unauthorized use of your Credentials or other breach of security known to you.

5. SECURITY

We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. Further information about our security processes can be found in our Privacy Policy.

6. USER ACCOUNTS

Your User account gives you access to the Services and functionality that we may establish, maintain or discontinue from time to time in our sole discretion.

  • NO FALSE INFORMATION.You agree to provide true, accurate and complete information when you access and use the Services, and to update the information you provide to maintain its truthfulness, accuracy and completeness. We make no warranties about any of your information, either to you, or any other person or entity.
  • EXCLUSIVE USE. Your User account is for your personal use only. You may never use another User's account, nor authorize others to use your account, nor assign or otherwise transfer your account to any other person or entity. You are solely responsible for the activity that occurs on your account.
  • EMAIL AND TELEPHONE CONSENT.By providing us with your email address, you consent to our using your email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages regarding your Loans.
7. ESIGN DISCLOSURE AND CONSENT TO ELECTRONIC TRANSACTION

You agree that you have signed this Agreement with an electronic signature. By attaching your electronic signature to this Agreement or to any information that you provide to us in connection with your use of the Services, you consent to documenting this transaction and signing this Agreement electronically.

You agree to be bound by this Agreement and you warrant to us and to any Lender that holds your private student loan that any information you provide to us is true and accurate in all material respects. You also agree that we or any Lender may deliver this Agreement, the Services, all documents related to any Loan, and all disclosures, notices and other documents related in any way to the foregoing (collectively, the "Documents") to you in electronic form at the electronic mail ("e-mail") address you have provided to us in connection with the Services, or by written notice as provided below.

Future notices, statements, invoices and other communications regarding your User account with us (collectively, the "Communications") will be delivered to you by US Mail at the address you provide to us or electronically at the email address you provide to us. You may withdraw your consent to receive future notices, statements, etc. electronically at any time by delivering written notice to us by U.S. Mail at the address shown on the Agreement, or by sending an email to us at customerservice@Reliamax.com. You agree that your withdrawal of consent will only be effective after we have had a reasonable time to implement the change. If your email address or other contact information changes, you must immediately notify us of your new email address by sending us an email at customerservice@Reliamax.com.

In order to receive, view and save Documents, you will need an internet connection, a computer or similar device capable of accessing the internet, a valid e-mail account and Adobe Acrobat Reader software (you can download this free software at www.adobe.com). In order to keep copies for your records, you will need access to a printer or the ability to download and save the Documents to a computer or cloud storage service. You are solely responsible for the setup, installation, operation, and maintenance of the computer equipment you use and for providing your own access to the Internet through the internet service provider ("ISP") of your choice. We are not responsible for any errors or failures from any malfunction of your computer, your ISP or any internet, telecommunications or similar infrastructure. We are not responsible for any computer virus or related problems that may be associated with the use of your computer or access to and retention of any Documents.

You confirm your (a) consent to document this transaction electronically, (b) that you are able to receive Documents electronically, (c) agree and consent to the use of electronic delivery of Communications from us, and (d) verify that you are able to access, read and save the Documents using your computer and software.

8. ACCESSING THE SERVICES AND USER ACCOUNT SECURITY

We reserve the right to discontinue, withdraw or amend all or any portion of the Services, and any Content provided on, with or by the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. We may periodically restrict access to some parts of the Services, or the Services entirely, to you or those you authorize to act on your behalf.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection or using your Credentials are aware of these Terms of Use and comply with them.

We encourage and may require you to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your User account. You agree to notify us immediately of any breach of security or unauthorized use of your User account. We will not be liable for any losses caused by any unauthorized use of or access to your User account. You agree to ensure that you exit from your User account at the end of each session. You should use particular caution when accessing your User account from a public or shared computer or wireless internet network so that others are not able to view or record your password or other personal information.

We have the right to disable your Credentials or any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

9. CREDIT INQUIRIES

By using and accessing the Services and agreeing to these Terms of Use, you also authorize us and Lenders to request from one or multiple consumer reporting agencies, your consumer report (e.g., credit report) including any ancillary credit scores or ratings, to verify that information you have provided to us is true or accurate, and to verify your identity. You agree that this Agreement shall constitute written authorization in accordance with the Fair Credit Reporting Act ("FCRA") and other applicable law, for us and Lenders to request and receive information about you from third parties, including but not limited to a copy of your consumer report and credit score from consumer reporting agencies, at any time for so long as you have an active User account. You also consent to the use of third party services relating to your consumer report and also consent to the use of your User account information and identity confirmation in order to facilitate your use of the Services. You waive any and all claims against us, Lenders, Lenders, and our respective agents, and employees for the acts or omissions of these parties with regard to the use or disclosure of such information.

Unless otherwise stated, you further understand that you are authorizing us to retain copies of all such information received, including the information that you are submitting through the Services or that you provide to us from time to time.

11. INTELLECTUAL PROPERTY RIGHTS

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services except for certain temporary files created automatically through your access of the Services or printing and reviewing one copy of certain pages of the Services for your personal, non-commercial use. You must not make any copies of any materials or Content made available through the Services or delete, alter or modify any proprietary rights notices used through the Services.

"ReliaMax", "reliamax.com", "ReliaMax Lending Services", the ReliaMax logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ReliaMax Holding Company or its affiliates or licensors. You must not use or modify such marks without the prior written permission of ReliaMax Holding Company. All other names, logos, product and service names, designs, and slogans on this Site or App are the trademarks of their respective owners.

12. PROHIBITED USES

You may use the Services for lawful purposes only, and only in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including, without limitation, any "junk mail", "chain letter", "spam", or any other similar solicitation.
  • To impersonate or attempt to impersonate us, our employees, Lenders, another user, or any other person or entity, including, without limitation, by using email addresses or screen names associated with any of the foregoing.
  • To engage in any other conduct that is offensive to us or a third party or restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us, Lenders, or other users of the Services, or expose them to liability.
13. MONITORING AND ENFORCEMENT; TERMINATION

We have the right, but not the obligation, to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND THE LENDERS (THE "INDEMNIFIED PARTIES") FROM ANY CLAIMS, DAMAGES, LIABILITY, AND COSTS DIRECTLY OR INDIRECTLY RESULTING FROM ANY ACTION TAKEN BY ANY OF THE INDEMNIFIED PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE INDEMNIFIED PARTIES OR LAW ENFORCEMENT AUTHORITIES.

14. SERVICE PROVIDERS

In providing the Services, you authorize us to share information provided by you with one or more service providers providing services to or on behalf of us or the Lenders, and to any third parties to the extent permitted by law and consistent with our Privacy Policy.

17. LINKS TO OTHER SITES

If we establish links and pointers to websites that are operated and maintained by third parties (each, a "Third Party Site"), these links are provided for informational purposes only. We make no warranties, either express or implied, concerning the content of any Third-Party Site, including the accuracy, completeness, reliability or suitability thereof for any purpose. We do not warrant that any Third-Party Site is free from any claims of copyright, trademark or other infringement. We do not warrant that any Third-Party Site is free from any viruses, malware, ransomware or other malicious code of any type, or other material that is malicious or technologically harmful. You understand that Third Party Sites may have a privacy policy that is different from ours and that Third-Party Sites may provide less security than what is provided on and by the Services. If you decide to access a Third-Party Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Site.

18. GEOGRAPHIC RESTRICTIONS

The owner of the Services is based in the State of South Dakota in the United States. We make no claims the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.

19. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT THEREON ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR ITS CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, INTERRUPTIONS OR INACCURACIES OF THE SERVICES OR CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE SERVICES, (C) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, RANSOMWARE, OR OTHER MALICIOUS CODE OF ANY TYPE, OR OTHER MATERIAL THAT IS MALICIOUS OR TECHNOLOGICALLY HARMFUL OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (D) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES AND ANY CONTENT, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A LENDER OR A BROKER AND THAT WE ARE SOLELY A SERVICER PROVIDER TO YOUR LENDERS. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INACCURACY OR INCOMPLETENESS OF ANY CONSUMER REPORTS, ANALYSIS OF RELATED INFORMATION, SAVINGS ESTIMATES, REPAYMENT ESTIMATES, OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE ON OR THROUGH THE SERVICES OR THE CONTENT, OR ANY TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

20. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, RANSOMWARE, OR OTHER MALICIOUS CODE OF ANY TYPE, OR OTHER MATERIAL THAT IS MALICIOUS OR TECHNOLOGICALLY HARMFUL OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

21. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our directors, officers, employees and agents from and against any and all claims, damages, losses, liabilities, costs or debt, and expenses (including reasonable attorneys' fees) that arise or result from (a) your use of and access to the Services; (b) your violation of these Terms of Use, including, but not limited to, any obligation, representation, or warranty made herein; (c) your violation of any third party right, including without limitation any intellectual property right, property right, or privacy right; and (d) your negligence, willful misconduct, or breach of any agreement with users of the Services. This defense and indemnification obligation will survive termination of these Terms of Use and your use of the Services.

22. SEVERABILITY AND WAIVER

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

We do not waive any of our rights under these Terms of Use unless it is written and signed by one of our duly authorized representatives. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.

23. GOVERNING LAW

You agree that: (a) the Services shall be deemed solely based in the State of South Dakota, in the United States; and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than South Dakota. This Agreement shall be governed by the internal substantive laws of the State of South Dakota, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Sioux Falls, South Dakota.

24. ARBITRATION

For any dispute with us, you agree to first contact us at customerservice@Reliamax.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute we have with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims we may have for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Minnehaha County, South Dakota, unless we agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RELIAMAX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

25. MISCELLANEOUSW

ENTIRE AGREEMENT. This Agreement, including the Privacy Policy which is incorporated herein by reference, comprises the entire agreement between you and us with respect to the use of the Services, and supersedes all prior agreements between the parties regarding the subject matter contained herein.

ENTIRE AGREEMENT. This Agreement, including the Privacy Policy which is incorporated herein by reference, comprises the entire agreement between you and us with respect to the use of the Services, and supersedes all prior agreements between the parties regarding the subject matter contained herein.

B. COPPA. The Services are intended for persons at least 13 years old. In accordance with the Federal Children's Online Privacy Protection Act (COPPA), we will never knowingly solicit, nor will we knowingly accept personally identifiable information from users known to be under thirteen (13) years of age.

C. ASSIGNMENT. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

D. NOTIFICATION PROCEDURES AND CHANGES TO THE AGREEMENT. We may provide notifications, irrespective of the purpose, to you via email notice, written or hard copy notice, or through posting of such notice on the Services, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as set forth in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms of Use from time to time. It is our policy to post any changes we make to the Terms of Use on this page, with notice that the Terms of Use has been updated on the Site's homepage. When we change the Terms of Use in a material manner, we will update the 'last updated' date at the beginning of the Terms of Use. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Services.

E. NO WAIVER. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

F. CONTACT. Please contact us at customerservice@Reliamax.com with any questions regarding these Terms of Use.

PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.