Growth is not steady, forward, upward progression. It is instead a switchback trail; three steps forward, two back, one around the bushes, and a few simply standing, before another forward leap.

— Dorothy Corkville Briggs

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Terms and Conditions of Use

MAXIMUM BALANCE SITE TERMS AND CONDITIONS
Effective Date: January 18, 2006.
Welcome to the Maximum Balance Web site, including www.maximumbalance.com, www.mbgroups.com,  www.maximumbalance.com/community as well as any and all sub-domains (hereinafter collectively referred to as the "Site"). The following terms and conditions and any other policies, notices, rules or guidelines posted on the Site shall govern your use of the Site as well as periodic Site promotions and contests for free products and/or services (a “Contest”).
Please review our Legal Disclaimer and Site Terms and Conditions, which also govern your visit to and use of this Site, to understand our practices.
Because these Terms and Conditions contain legal obligations, please read them carefully.
1. YOUR AGREEMENT
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions as well as any other policies, notices. You also agree to comply with any guidelines or rules posted on this site and all such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you are dissatisfied with this Site, its content or Terms and Conditions or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes.
2. ELIGIBILITY & RULES OF PARTICIPATION FOR CONTESTS
A. To be eligible to participate in any Site Contests, you must be at least 18 years of age and reside in the continental United States, Alaska or Hawaii. Corporations or other business entities are not eligible to participate. 
B. Eligible participants must comply with the following rules and requirements in order to receive a Contest reward: (i) establish and maintain only one account, and that account must be registered to a unique e-mail address; (ii) provide valid and truthful information as requested by Maximum Balance.
C. By using this Site, you represent that you will be responsible for maintaining the confidentiality of your account and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Maximum Balance will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. By entering any information on this Site, you represent and warrant that you: (i) are at least 18 years of age; (ii) are using your actual identity; (iii) have provided only true, accurate, current and complete information; (iv) will maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and (v) are using the Site solely for your own enjoyment and not on behalf of or for the benefit of any third parties. 
4. TERMINATION AND CANCELLATION. 
Maximum Balance may - at its sole discretion and for any reason or no reason at all - terminate any account and deny any Contest reward without prior notice for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the Maximum Balance Contest; (c) acting against the business interests or reputation of Maximum Balance; (d) otherwise acting unlawfully in relationship to Maximum Balance, the Site or the Contest; (e) account inactivity for a continuous six-month period; (f) Maximum Balance's reasonable suspicion of any of the activity listed in 4(a)-(d); or (g) any other reason at the discretion of Maximum Balance. If your account is terminated, you may not re-enroll or join under a new account without Maximum Balance's prior written authorization. You may cancel Your Membership at anytime by sending an e-mail to info@maximumbalance.com.
5. USER CONDUCT 
(a) Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted. You agree not to access or attempt to access the non-public areas of the Site or any other user's private information or impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity.
(b) You agree that your data, content, and any information provided or used on Site, as well as your use of our Site, Products and Services will not infringe or facilitate infringement on any copywrite, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the Rights of third-parties; or contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS" AND “AS AVAILABLE” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, MAXIMUM BALANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE. 
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO MAXIMUM BALANCE'S NEGLIGENCE, SHALL MAXIMUM BALANCE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF MAXIMUM BALANCE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
7. EXCLUSIONS AND LIMITATIONS 
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MAXIMUM BALANCE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
8. INDEMNITY
By using the Site web sites you agree to indemnify Maximum Balance and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Maximum Balance or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you. By using the Site, the Products and Services, or submitting any ideas and/or related materials to us, you are hereby agreeing to release Maximum Balance from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Indemnities. YOU AGREE TO WAIVE TO, THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
8. PRIVACY
Maximum Balance is the sole owner of the information collected on this site and any domain sites under www.maximumbalance.com or www.mbgroups.com.  Maximum Balance will never sell, rent, exchange, share or otherwise provide your personal information to other people or companies. Personal information includes private profile information, goals, objectives or other individual information.  Any use of personal information within the Maximum Balance organization or across domains within the Maximum Balance sites (www.maximumbalance.com, www.mbgroups.com) is intended to serve you better and provide for a better experience using Maximum Balance products and services.  By accessing the Site, you agree to receive e-mail communications from Maximum Balance with an option to opt-out.

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