PRIVACY NOTICE

Effective Date: January 1, 2025

Overview

This Privacy Notice delineates our practices regarding the collection, use, disclosure, and processing of your personal data in conjunction with our Services.

Identity of the Entity

We are Ca.J.V.E Investment LTD, collectively known as "Ca.J.V.E" "MaxonTire," "we," "us," or "our," with operations across the United States and Canada.

Scope of Services

"Services" refers to our range of products and services offered under various brands, including Ca.J.V.E Investment LTD, MaxonTire, and others accessible through our website and linked to this Privacy Notice.

Exclusions from this Notice

This Notice does not encompass:

- Other Maxon products or services not linking to this Privacy Notice.

- Data and privacy practices related to job applicants, employees, or other personnel.

- Practices of independent third-party retailers selling Maxon products.

Acceptance of Terms

Your use of the Services implies acceptance of this Privacy Notice and the corresponding Terms of Use. Disagreeing with any terms should result in refraining from using the Services or submitting personal data.

Data Roles and Responsibilities

We differentiate between "controllers" and "processors" of personal data. As a "processor," we manage customer data on behalf of our clients under specific contractual conditions. This Notice mainly addresses our role as a "controller."

Definition of Personal Data

"Personal data" refers to information that can be directly or indirectly linked to an individual or household. It excludes aggregated or anonymized data.

1. Data Collection

We collect personal data through various methods:

- Automatically, during your interaction with the Services.

- Directly from you.

- From other sources and third parties, possibly before our first direct interaction.

This data may include contact and payment information, demographic details, account data, vehicle and driver's license info, professional/employment data, location details, and more.

2. Usage of Personal Data

We use personal data for identified purposes or as legally permitted, including:

- Processing transactions and inquiries.

- Personalizing user experience.

- Communicating with you.

- Operating and maintaining the Services.

- Legal compliance and responding to law enforcement requests.

- Internal business purposes, such as data analysis, audits, and enhancing our Services.

3. Disclosure of Personal Data

We may disclose personal data:

- Within the Ca.J.V.E group of companies.

- Internationally, ensuring appropriate safeguards.

- To business and promotional partners.

- To service providers for operational purposes.

- In corporate transactions like mergers or acquisitions.

- To comply with legal obligations and protect our rights.

4. Children's Personal Data

We do not knowingly collect data from children under 14. If such data is collected, we will take steps to remove it promptly.

5. Third-Party Websites

This Notice does not apply to third-party websites linked to our Services. For their data practices, refer to their respective privacy notices.

6. User Control and Choices

Users can manage their information and preferences through account settings, device settings, email preferences, and opting out of promotional communications.

7. Notice Updates

We reserve the right to update this Privacy Notice. Changes will be effective from the date of publication, as indicated on this page.

By using our Services, you acknowledge and agree to these terms and the responsible management of your personal data in accordance with this Privacy Notice.

ADDITIONAL CANADIAN PRIVACY DISCLOSURES

Effective Date: January 1, 2025

1. Scope of Application

These Additional Canadian Privacy Disclosures supplement our Privacy Notice, specifically addressing the MaxonTire brand's websites, products, services, and mobile applications linked to these disclosures. They apply exclusively to residents of Canada (“consumers” or “you”). Unless specified, terms used here have the same meanings as in our Privacy Notice or as defined in the Personal Information Protection and Electronic Documents Act .

2. Personal Data Disclosures

We collect and disclose various personal data types for diverse purposes, as detailed in our Privacy Notice's "Collection," "Use," and "Disclosure" sections. This includes data for targeted or cross-context behavioral advertising. Occasionally, we process personal data to create deidentified information, which we handle according to legal requirements.

3. Privacy Rights in Canada

Depending on your province of residency, and subject to legal limitations and exceptions, you may exercise rights such as:

- The Right to Know: Confirmation and specific details about the personal data we've collected about you.

- Access & Portability: Access to your personal data in our possession.

- Correction: Correction of inaccuracies in your personal data.

- Deletion: Request for deletion of your personal data, with certain exceptions.

- Opt-Out of Targeted Advertising: Directive to refrain from using your data for targeted advertising.

4. Exercising Your Privacy Rights

To exercise these rights, you can submit a request via our online form or by calling

1 (825) 777 0098. We require identity verification and residency confirmation to process these requests. While we aim to limit the personal data collected for these requests, additional data may be necessary. We reserve the right to decline requests under specific circumstances, such as failure to verify identity or residency.

Opting Out of Targeted Advertising:

You can opt out of targeted advertising without creating an account. However, additional personal data may be required for identification and compliance with your opt-out request. To opt-out of cookie-based tracking for analytics and targeted ads, utilize the “Your Privacy Choices” link on the relevant website.

Authorized Agents:

Authorized agents can submit requests on your behalf, provided we can verify their authority. Verification may involve a power of attorney or a signed authorization letter.

5. Data Retention Practices

Our data retention aligns with the necessity to fulfill the purposes for which the data was collected. This includes compliance with legal, tax, accounting, and regulatory requirements. We retain personal data as long as necessary for service provision, legal obligations, dispute resolution, or as chosen by you (e.g., for marketing communications). After the retention period, data is either deleted or de-identified.

6. Data Security

We employ physical, technical, and administrative measures to protect personal data. However, the complete security of data cannot be guaranteed. We encourage you to take proactive steps to secure your data, such as using updated software, secure passwords, and not sharing sensitive information.

7. Updates to Canadian Privacy Disclosures

These disclosures may be updated periodically. Changes will be effective from their date of publication and will be communicated on this page.

ADDITIONAL U.S. PRIVACY DISCLOSURES

Effective Date: January 1, 2025

1. Scope of Disclosures

These Additional U.S. Privacy Disclosures provide detailed information on how we, Ca.J.V.E Investment LTD ("MaxonTire", "we", "us", or "our"), handle the personal data of residents in specific U.S. states (California, Colorado, Connecticut, Nevada, Utah, and Virginia). They complement the information in our Privacy Notice and apply to our brand's websites, products, services, and mobile applications linked to these disclosures.

2. Personal Data Handling

- Collection and Use: We gather various personal data types for diverse purposes. Our collection, usage, and disclosure practices are outlined in the corresponding sections of our Privacy Notice.

- Sensitive Information: Includes account credentials, driver's license numbers, credit/debit card details, and precise geolocation data. This data is used for specific services and is not sold or shared for targeted advertising.

- Deidentified Information: Occasionally, we process personal data to create anonymized information, which we handle as per legal guidelines.

3. Privacy Rights for U.S. Residents

Residents of the aforementioned states may exercise certain privacy rights, subject to legal limitations. These include:

- Right to Know: Verification of personal data processing and access to specific details.

- Access and Portability: Access to personal data and, where legally required, provision of data in a portable format.

- Right to Correction: Correction of inaccuracies in personal data.

- Right to Request Deletion: Deletion of personal data with certain exceptions.

- Opt-Out Rights: Directive to not sell or share personal data for targeted advertising.

- Non-Discrimination: Assurance against discrimination for exercising privacy rights.

4. Exercising Privacy Rights

To exercise these rights, submit a request through our online form or call 1 (825) 777 0098. Identity verification is necessary, and requests should include your name, email address, and state of residency. We might decline requests under specific conditions, like inability to verify identity.

Opting Out of Targeted Advertising:

You can opt out of targeted advertising without needing an account. We may require additional personal data to process your opt-out request accurately.

Authorized Agents:

Authorized agents can submit requests on your behalf with appropriate verification, such as a power of attorney or a signed authorization letter.

Appealing Privacy Rights Decisions:

If you wish to appeal a decision regarding your privacy rights, please contact us at Privacy.ad@maxontire.ca

Protecting Minors:

We do not sell personal data of individuals known to be under 16 years of age.

5. California-Specific Disclosures

For California residents, we provide additional details regarding the categories of personal data collected, their sources, and purposes. We also outline our data retention and financial incentive practices.

6. Updates to U.S. Privacy Disclosures

These disclosures may be updated periodically. Changes will be effective from their date of publication, as indicated in the "Last Updated" section. All significant updates will be communicated appropriately.

WEBSITE TERMS OF USE

Last Updated: January 1, 2025

Scope of Use

Ca.J.V.E Investment LTD  (collectively referred to as "Ca.J.V.E", “MaxonTire”, “we”, “us”, or “our”) offer mobile applications (“App”) and websites (“Site,” collectively with the App, the “Electronic Platforms”). These platforms are provided through our brands, including but not limited to Ca.J.V.E, MaxonTire, and all brands accessible via our website. These services are offered to you, the user of the Electronic Platforms (“you” or “your”), for your informational, noncommercial use, and are governed by these Terms of Use (“Terms”).

Using the Electronic Platforms to consider entering a business relationship with us is not deemed a commercial use under these Terms. It is a violation of these Terms to use the Electronic Platforms in a manner that contravenes any applicable laws and regulations or the rules of any of our service providers. Additional terms and conditions may apply to other programs or services we provide through linked websites or other channels, which are not altered by these Terms.

Subject to your adherence to these Terms and all applicable international, federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicensable, non-transferable license to use the Electronic Platforms solely for personal use. This license does not permit republication, distribution, assignment, sublicense, sale, creation of derivative works, or other forms of use. You are authorized to access and use the Electronic Platforms only on devices that you own or control, and must not use the Electronic Platforms on devices where you lack the necessary permissions and rights. It is important to note that these Terms are an agreement between you and us only, and do not involve Apple Inc. or Google LLC (collectively, the “App Providers”). You must not use the Electronic Platforms if you do not agree to these Terms.

Modifications

We reserve the right to modify the Electronic Platforms, its rules and regulations, and these Terms at any time. Any modifications will be posted on the Electronic Platforms, and the “Last Updated” date at the top of these Terms will be revised accordingly. By continuing to use the Electronic Platforms after the date of any changes to the Terms, you agree to abide by and accept the updated Terms. We may also alter the services described on the Electronic Platforms without prior notice.

Restrictions on Use

When using the Electronic Platforms, you are restricted to the business purposes for which they are intended. The following actions are strictly prohibited with respect to the Electronic Platforms and the server hosting them, and you must not use our Electronic Platforms to upload, post, email, distribute, transmit, link, solicit, or make available any content or use the Electronic Platforms in any manner that:

1. Unsolicited Communications: Sends or transmits unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any form of solicitation, whether commercial or otherwise.

2. Reverse Engineering: Decompiles, reverse-engineers, disassembles, derives source code from, or decrypts the Electronic Platforms or the server hosting them.

3. Manipulation of Platforms: Manipulates or displays the Electronic Platforms using framing, mirroring, or similar navigational technology, or directly links to any portion of the Electronic Platforms.

4. Automated Access: Uses robots, spiders, scrapers, or other automatic or manual means to access the Electronic Platforms, or copies any content or information on the Electronic Platforms.

5. Alteration of Notices: Removes, obscures, or alters any proprietary notices, including those of copyright or trademark, of us or our affiliates, partners, suppliers, or licensors.

6. Unauthorized Modifications: Modifies, adapts, improves, enhances, or creates derivative works from the Electronic Platforms.

7. Interference with Operation: Disables, overburdens, impairs, interferes with, or interrupts the Electronic Platforms or any hardware, software, system, or network connected to them.

8. Security Testing: Probes, scans, tests the vulnerability of, or breaches the authentication measures of the Electronic Platforms or any related networks or systems.

9. Interference with Other Users: Interferes with another party’s use and enjoyment of the Electronic Platforms.

10. Infringement of Rights: Infringes copyright, trademark, or any proprietary rights, or discloses trade secrets or confidential information in violation of a confidentiality or non-disclosure agreement.

11. Misuse of User Information: Compiles, uses, downloads, or copies user information, or transmits, provides, or distributes such information to third parties.

12. Fraudulent or Malicious Content: Engages in fraudulent, malicious, unlawful, unauthorized activities, or disseminates defamatory or illegal information, images, materials, or descriptions.

13. Illegal Activities: Promotes or provides instructions for illegal activities.

14. Criminal or Civil Liability: Encourages conduct that would constitute a criminal offense or give rise to civil liability.

15. Distribution of Harmful Software: Disseminates viruses or other computer code, files, or programs that disrupt the functionality of any computer software or hardware.

16. Unauthorized Access: Attempts unauthorized access to other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or other means.

17. Unauthorized System Access: Accesses systems, data, or information not intended to be made accessible to the user.

The use of the Electronic Platforms is not intended for individuals under the age of fifteen (15).

Privacy Notice

Our Privacy Notice is readily available for your review. It details our practices regarding the collection and use of your information in connection with our Electronic Platforms. This Privacy Notice is an integral part of these Terms and governs our use of your personal information as well as any information you submit or otherwise make available to us through the Electronic Platforms. The policies and procedures outlined in the Privacy Notice are applied in conjunction with these Terms to ensure responsible handling and protection of your personal data.

Registration, Access & Security

Account Data and Responsibility

When using our services or providing information through the Electronic Platforms, including but not limited to your name, social security number, work history, educational background, date of birth, age, bank and credit card information, employment identification number, citizenship status, address, zip code, phone number, contact details, email address, and password (collectively referred to as your “Account Data”) for any accounts associated with you (“Account(s)”), you agree t

1. Accuracy of Information: Ensure that all provided information is true, accurate, current, complete, and updated regularly.

2. Consequences of Inaccurate Information: Understand that if any information is found to be untrue, inaccurate, outdated, or incomplete, we reserve the right to terminate or refuse your current and future access or use of the Electronic Platforms (or any portion thereof).

Security Measures and User Responsibility

1. Security Actions: We reserve the right to take necessary actions to ensure the security of the Electronic Platforms and your Account, which may include changing your password, terminating your Account, or requesting additional information for transaction authorization.

2. Confidentiality of Account Data: You are solely responsible for maintaining the confidentiality of your Account Data and any security questions and responses. Anyone with access to this information can potentially access your Account.

3. Liability for Security Breaches: You are solely liable for any claims, damages, losses, costs, or liabilities resulting from or caused by a failure to keep your Account, Account Data, and security questions and responses confidential, regardless of whether this occurs with or without your knowledge or consent. Immediate notification to us is required for any suspected or actual unauthorized access or breach of your Account security.

User Equipment and Access

1. User-Provided Equipment: You are responsible for providing and maintaining, at your own risk, option, and expense, any hardware, software, and communication lines required to access and use the Electronic Platforms.

2. Platform Access Configuration: We reserve the right to alter the access configuration of the Electronic Platforms at any time without prior notice.

No Warranties

Disclaimer of Warranties

The Electronic Platforms and all materials available on them are provided to you on an “as-is,” “as-available” basis. We explicitly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

1. No Guarantee of Accuracy: We do not warrant the accuracy, completeness, currency, or reliability of the Electronic Platforms or any services, products, information, opinions, and materials available through them.

2. User's Responsibility for Verification: It is your responsibility to verify any information obtained from the Electronic Platforms before relying on it.

3. Risk of Use: Using the Electronic Platforms is solely at your risk.

4. No Assurance of Uninterrupted Service: We do not represent or warrant that use of the Electronic Platforms or the materials provided through them will be uninterrupted, completely secure, virus-free, or error-free.

Limited Remedy

1. Sole Remedy: Except as expressly provided in Section 12, your sole and exclusive remedy related to your use of the Electronic Platforms is to discontinue using them.

Acknowledgement Regarding App Providers

1. App Providers' Warranty: You acknowledge that, to the maximum extent permitted by applicable law, the App Providers (such as Apple Inc. or Google LLC) provide no warranty or representation regarding the app associated with these Electronic Platforms.

Trademarks

Ownership and Usage

The trademarks, service marks, and logos (collectively, "Trademarks") used or displayed on the Electronic Platforms are owned by us or our licensors. These Trademarks are protected under state, national, and international trademark laws.

1. Requirement for Permission: To use any of our Trademarks, you must first obtain our written permission. Unauthorized use is strictly prohibited and may constitute a violation of trademark laws.

2. Prohibition on Unauthorized Use: Unauthorized use of any Trademarks, including custom icons, graphics, logos, and scripting featured on the Electronic Platforms, may violate laws governing trademarks, trade dress, copyright, or other proprietary rights.

3. Restrictions on Copying and Modification: Our Trademarks, including but not limited to icons, graphics, logos, and scripting, cannot be copied, modified, or used, in whole or in part, without our prior written permission.

By adhering to these guidelines, you respect the legal rights associated with our Trademarks and contribute to maintaining their integrity and reputation.

Reviews, Comments, and Other Content

Content Submission Guidelines

When you post or submit reviews, comments, photos, statements, ideas, questions, or any other forms of content (collectively referred to as the “Content”) to the Electronic Platforms or directly to us, the following guidelines apply:

1. Compliance with Terms: All Content must comply with these Terms, including the stipulations in Section 3.

2. Authenticity and Impersonation: You must not use a false email address, impersonate any person or entity, or mislead as to the origin of the Content.

3. Responsibility for Content: You are solely responsible for the Content and for any adverse consequences arising from it. MaxonTire is not obligated to verify the Content published on the Electronic Platforms and declines all responsibility arising from such Content and its verification.

4. Rights and Authorizations: You represent that you hold all necessary rights and authorizations for the Content you post.

5. Non-Confidentiality and License Grant: Unless stated otherwise, all Content will be considered non-confidential. By posting Content, you grant us an irrevocable, perpetual, fully paid-up, royalty-free, worldwide license to use, copy, modify, sell, create derivative works from, or otherwise exploit the Content in any form and on any media for our business purposes.

6. Compliance with Laws and Regulations: All Content must adhere to applicable laws and regulations, including FTC guidelines on truth-in-advertising and disclosure requirements.

Prohibited Content

Content must not:

- Be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

- Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

- Infringe upon any intellectual property or other rights of any other person.

- Violate the legal rights of others or contain material that could lead to civil or criminal liability under applicable laws.

- Deceive any person or promote illegal activities or unlawful acts.

- Cause annoyance, inconvenience, needless anxiety, or likely upset, embarrass, alarm, or annoy others.

- Impersonate any person or misrepresent your identity or affiliation with any person or organization.

- Involve commercial activities, contests, sweepstakes, sales promotions, barter, or advertising not endorsed by us.

- Appear to emanate from or be endorsed by us or any other person or entity if this is not the case.

Adhering to these guidelines ensures a respectful, lawful, and positive environment for all users engaging with the Electronic Platforms.

Copyright Infringement Notification

DMCA Compliance

Ca.J.V.E Investment LTD adheres to the Digital Millennium Copyright Act of 1998 (“DMCA”). We are committed to responding to infringement notices that comply with the DMCA.

Reporting Infringement

If you believe that your copyrighted work has been copied in a manner constituting copyright infringement and is accessible via the Electronic Platforms, you should notify Ca.J.V.E Investment LTD in accordance with the DMCA.

Legal Consequences of Misrepresentation

- Federal Law Warning: Be aware that under federal law, knowingly misrepresenting online material as infringing can lead to criminal prosecution for perjury. This can include civil penalties such as monetary damages, court costs, and attorneys’ fees.

Purpose of Procedure

- This notification process is specifically designed to inform Ca.J.V.E Investment LTD and its affiliates about the infringement of your copyrighted material.

- The outlined procedure is in compliance with Ca.J.V.E Investment LTD obligations under the DMCA, specifically 17 U.S.C. §512(c), but does not serve as legal advice.

- For clarity on your rights and responsibilities under the DMCA and other relevant laws, it may be prudent to consult an attorney.

MAXON’s Policy on Infringement

- In line with the DMCA and applicable laws, Ca.J.V.E Investment LTD has a policy to terminate users who are identified as repeat infringers in appropriate circumstances.

- Ca.J.V.E Investment LTD reserves the right, at its sole discretion, to limit access to the Electronic Platforms and/or terminate the accounts of any users who infringe the intellectual property rights of others, irrespective of repeat infringement.

Compliance with these guidelines ensures the protection of intellectual property rights and adherence to legal standards set forth by the DMCA.

Violation of Rules and Regulations; Disclosure of Information

Enforcement of Terms

We are committed to enforcing the rules and regulations outlined in these Terms and reserve the right to use all available legal remedies for any violations. This includes the right to block access from a specific Internet address to the Electronic Platforms.

Cooperation with Legal Authorities

- We may cooperate with legal authorities and third parties in investigating suspected or alleged crimes or civil wrongs.

- Notwithstanding the limitations of our Privacy Notice, we reserve the right to disclose any information necessary to comply with any applicable law, regulation, legal process, or governmental request.

- We also retain the right to edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion.

Indemnity; Reliance

Your Responsibilities

You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners, and licensors harmless from all liabilities, including legal fees, arising out of:

1. Your Use of the Electronic Platforms: Any suits, actions, losses, claims, or demands related to your use of the Electronic Platforms.

2. Violation of Terms: Any violation of these Terms.

3. Provided Content: Any Content you provide.

4. Negligence and Misconduct: Your negligence, fraud, or willful misconduct.

5. Your Account: Any issues arising from your Account.

6. Failure to Obtain Consent: Your failure to obtain proper consent for data collection from third-party users of the Electronic Platforms.

7. Violation of Laws or Rights: Your violation of any laws, regulations, or rights of others.

- We reserve the right to assume exclusive defense and control of any matter you are required to indemnify against, at your expense, and you agree to cooperate in our defense.

Survival of Indemnification

This indemnification obligation will continue even after the termination of these Terms.

Reliance on Platform Information

- You acknowledge that data, information, alerts, reports, reviews, and recommendations provided by the Electronic Platforms are solely for informational purposes and should not replace routine practices or personal or business judgment.

- You are responsible for all actions taken in response to such information.

- We are not liable for any damage or loss related to reliance on this information.

- You agree to defend and indemnify us against any third-party claims, losses, or lawsuits related to the data, information, alerts, reports, reviews, and recommendations provided by the Electronic Platforms during the term of use.

Limitation of Liability

Scope of Limitation

You understand and agree that we will not be liable for any damages arising from or connected with your use of the Electronic Platforms. This includes, but is not limited t

1. Types of Damages: Direct, indirect, incidental, consequential, punitive, exemplary, or special damages.

2. Basis of Claims: Whether based in contract, tort, strict liability, or otherwise.

3. Specific Instances of Liability:

    (A) Actions taken in connection with investigations by law enforcement or other intellectual property owners.

    (B) Damage to user’s computers, mobile devices, or other equipment.

    (C) Reliance on content obtained through the Electronic Platforms.

    (D) Issues including mistakes or omissions in information, telecommunications failures, theft, destruction, or unauthorized access to the Electronic Platforms or related information or programs.

    (E) Interruptions in telecommunications or viruses.

Limitations Involving Third Parties

- Services and payments on the Electronic Platforms involving third parties are independent of Ca.J.V.E Investment LTD. Consequently, Ca.J.V.E Investment LTD is not liable for any damages related to these third-party services or payments.

Maximum Liability

- Our total liability is limited to the amount you have paid for the use of the Electronic Platforms, or if no payment was made, then to fifty United States dollars ($50.00).

Acknowledgment of Risk

- By using the Electronic Platforms, you acknowledge the limitation of our liability and agree that you understand the risks involved.

Waiver Under Canadian Law

- By accessing the Electronic Platforms, you waive rights to claims that are currently unknown or unsuspected. Specifically, you waive the benefits of Canadian and any similar law of any province or territory, which addresses unknown or unsuspected claims.

Jurisdictional Variations

- Some jurisdictions do not permit exclusions of liability for certain types of damages. Therefore, some of the above limitations may not apply to you if prohibited by law. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

Third-Party Sites and Apps

Links to External Sites

- Nature of Links: The Electronic Platforms may contain links that lead to third-party websites, which are not under our control.

- Disclaimer of Endorsement: The presence of these links does not imply our endorsement, recommendation, or agreement with the content on third-party websites. The views expressed on these sites may not reflect our opinions.

- Privacy Practices: We are not responsible for the privacy practices of third-party websites. These sites may collect personal information, and it is advisable to review their privacy policies and terms of use.

User Responsibility

- Convenience Links: The links are provided for your convenience, and accessing these sites is at your own risk.

- Link Maintenance: We are not obligated to maintain any link on the Electronic Platforms and may remove links at our discretion.

- No Liability for Third-Party Sites: We are not responsible for any harm or losses connected to the use of or reliance on content, products, or services available through third-party websites.

No Fiduciary Relationship

Nature of Relationship

- No Fiduciary Relationship: Unless specified in a separate agreement between you and us, there is no fiduciary relationship established by these Terms.

- Absence of Legal Relationships: The Terms do not create any principal-agent, partnership, joint venture, franchise, or employer-employee relationship between you and us.

- Limitation on Authority: You are not authorized to enter into contracts or bind us in any manner.

These sections outline the boundaries and nature of the interactions and relationships between you, us, and any third-party entities or websites, ensuring clarity in expectations and responsibilities.

Right to Monitor

Monitoring Practices

- Active Monitoring: We reserve the right to actively monitor usage of the Electronic Platforms and use the information gathered for any permissible purpose as outlined in our Privacy Notice.

- Content Removal: At our discretion, we may remove materials from the Electronic Platforms that we deem to be illegal, potentially subjecting us to liability, violating these Terms, or inconsistent with our purpose for the Electronic Platforms.

Electronic Communications and Notice

Communication Consent

- Electronic Communication: By contacting us electronically (e.g., via email), you consent to receive communications from us in an electronic format.

- Methods of Communication: We may communicate with you through email (to the address on file), messages via our mobile application, or notices posted on the Electronic Platforms.

- Legal Sufficiency: All electronic communications provided by us meet any legal requirement for written communication.

Notice Requirements

- Sending Notices to Us: All notices to us under these Terms must be in writing and sent by certified mail, reputable overnight courier, or by hand delivery.

- Effectiveness of Notices: Notices are considered given and received on the second business day after mailing via certified mail, or upon delivery for overnight courier or hand delivery.

- Notice Address Changes: We may change our notice address by providing written notice to you through the electronic communications methods described above.

This section emphasizes the importance of electronic communication in interactions with us and outlines the procedures for sending and receiving notices effectively under these Terms.

Use Outside of the United States or Canada; Choice of Law; and Venue

Geographic Restrictions

- Operation Base: The Electronic Platforms are operated from our offices within Canada.

- International Use: While we do not represent that content on the Electronic Platforms is appropriate or available for use in locations outside Canada, those who access it from other locations do so on their own initiative and are responsible for compliance with local laws.

- Prohibited Locations: Access from territories where the Electronic Platforms' content is illegal is strictly prohibited.

User Representations

- You must not be located in a country that is subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and not be listed on any U.S. Government list of prohibited or restricted parties.

Choice of Law

- Applicable Law: These Terms and any related claims will be governed by the laws of Canada, excluding its conflicts of law rules.

- Jurisdiction: You agree to submit to the personal jurisdiction of the federal and provincial courts located in Edmonton, Alberta. Particularly applies to actions involving infringement, misappropriation, or violation of intellectual property rights associated with the use of the Electronic Platforms or the Terms.

Arbitration

Mandatory Arbitration

- Initial Dispute Resolution: For any dispute, you must first contact us at ad@maxontire.ca and attempt to resolve it informally.

- Binding Arbitration: If a dispute is not resolved within 60 days, it must be resolved by binding arbitration, to be conducted in Edmonton, Alberta (unless agreed otherwise), and kept confidential.

- Costs and Fees: The non-prevailing party in arbitration or legal proceedings must cover all costs, including arbitrator fees and reasonable attorneys’ fees of the prevailing party.

- Enforcement of Award: Judgments on arbitration awards may be enforced in any competent court.

Limitation on Legal Relief

- Injunctive Relief: Nothing in this section prevents us from seeking injunctive or equitable relief in court to prevent infringement or misappropriation of our data security, intellectual property rights, or other proprietary rights.

This section outlines the legal framework and jurisdiction applicable to the use of the Electronic Platforms, especially focusing on the arbitration process for dispute resolution.

Class Action/Jury Waiver

Individual Claims Requirement

- Restriction on Class Actions: All Claims related to these Terms or the Electronic Platforms must be brought individually. You cannot participate as a plaintiff or class member in any class action, collective action, private attorney general action, or other representative proceedings.

- Class Arbitration Waiver: This waiver extends to class arbitration. The arbitrator is not permitted to consolidate more than one person's claims unless we agree otherwise.

- Waiver of Jury Trial and Class Actions: By agreeing to these Terms, both you and Ca.J.V.E Investment LTD waive the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

Time Limit on Claims Against Us

Statute of Limitations

- One-Year Limit for Claims: Any claim arising out of or related to your use of the Electronic Platforms or your relationship with us must be filed within ninety (90) days after the claim arises. Failure to file within this time frame permanently bars the claim.

Severability and Waiver

Severability of Terms

- Validity of Remaining Provisions: If any provision of these Terms is found unlawful, void, or unenforceable, that provision is severable and does not affect the validity and enforceability of remaining provisions.

Non-Waiver

- Enforcement Rights: Our failure to enforce strict performance of any provision of these Terms does not constitute a waiver of our right to enforce such provision or any other provisions of these Terms in the future.

These sections collectively address the legal parameters for resolving disputes, including the waiver of class actions and the time limit for claims, as well as the enforceability of the Terms.

Assignment

Assignment by Us

- Flexibility for Us: We reserve the right to assign these Terms, or any part of them, without any restrictions or conditions. This means we can transfer our rights and obligations under these Terms to another entity if needed.

Assignment by You

- Restriction on Your Transfer Rights: You are not permitted to assign or transfer these Terms or any rights under these Terms without our prior written consent.

- Invalidity of Unauthorized Assignments: Any attempt by you to assign these Terms without our consent will be null and void.

Our Remedies

Response to Violations

- Unlawful and Unfair Practices: Your violation, or threatened violation, of these Terms is considered an unlawful and unfair business practice, causing us irreparable and unquantifiable harm.

- Inadequacy of Monetary Damages: Recognizing that monetary damages may be insufficient to remedy such harm, you consent to our obtaining injunctive or equitable relief as we deem necessary or appropriate.

- Additional Remedies: These remedies are in addition to any other remedies we may have at law or in equity.

This section outlines the terms regarding the assignment of rights and responsibilities under these Terms, emphasizing our ability to assign freely, while placing restrictions on your ability to do the same. It also highlights the legal remedies available to us in the event of a violation of these Terms, emphasizing our right to seek injunctive and equitable relief beyond traditional monetary damages.

App Provider Terms

Relationship with Ca.J.V.E Investment LTD and App Providers

- Agreement with Ca.J.V.E Investment LTD: These Terms are an agreement between you and Ca.J.V.E Investment LTD, not the App Provider. Ca.J.V.E Investment LTD is responsible for the App.

- Apple App Store Terms: If you download the App from the Apple App Store, the license granted is to use the App on Apple-branded products you own or control, as per the App Store Terms of Service.

Maintenance and Support

App Provider's Role: The App Provider is not obligated to provide any maintenance and support services for the App unless explicitly stated otherwise.

Warranties and Refunds

App Failures: You may report any App failures to the App Provider, who may refund the purchase price. Ca.J.V.E Investment LTD is responsible for any other warranty claims not handled by the App Provider.

Product Claims

Handling of Claims: The App Provider is not responsible for addressing any claims related to the App, including product liability, legal compliance, or consumer protection claims. These are Ca.J.V.E Investment LTD responsibility.

Intellectual Property Rights

Infringement Claims: If a third party claims that the App infringes their intellectual property rights, Ca.J.V.E Investment LTD (not the App Provider) will handle the defense and resolution of these claims.

Legal Compliance

User Representations: You confirm that you are not in a U.S. embargoed country or on any U.S. Government list of prohibited or restricted parties.

Third-Party Terms

Compliance Requirement: You must comply with all applicable third-party terms when using the App.

Third-Party Beneficiary

App Provider's Rights: The App Provider and its subsidiaries are third-party beneficiaries of these Terms regarding your App license. They have the right to enforce these Terms against you.

Compliance with App Provider's Terms

Specific Provider Terms: You agree to abide by the terms and conditions of specific App Providers:

   - Apple Media Services Terms and Conditions.

   - Google Play Terms of Service.

These are incorporated into and form a part of these Terms.

How to Contact Us

Contact Information

- Inquiries: For questions about the Electronic Platforms or these Terms, please refer to our Privacy Notice for contact information.