Terms of Service

E-MAIL DISCLAIMER.

If you are not the intended recipient of this e-mail, please notify the sender that you have received this e-mail in error, and then delete the e-mail from your system and any copies of it. The information contained in this e-mail and any attachments is for information purposes, and should not be regarded as an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle. It does not constitute a recommendation or account for particular investment objectives, financial conditions, or needs of specific persons. The Max Maher Show LLC d/b/a FINOVA does not provide tax, accounting, or legal advice to our clients, and all investors are strongly encouraged to perform their own due diligence and to consult with their tax, accounting, investment, or legal advisers regarding any potential investment or decision.

WEBSITE

Cookie Statement (pop-up on front screen)

This website uses cookies to enhance your user experience and to analyze performance and website traffic. We also share information about your use of our site with our social media, advertising, and analytics partners. If you accept, then you agree to us storing and accessing cookies on your device. Learn more about the cookies FINOVA uses Privacy Policy.

Cookie Notice:

To provide a personalized learning and high-quality experience for our users, we may use cookies and similar technologies that automatically collect certain information from your browser or device when you visit our website, read our e-mails, use our Services (as defined in the Terms of Service), or otherwise engage with us.

A cookie is a piece of data contained in a very small text file that is stored in your browser or elsewhere in your hard drive. We use cookies, web beacons, log files, and a variety of similar technologies (collectively, “cookies”) to collect information from your browser or device. These technologies collect information about how you use our website and Services (e.g., the pages you view, the links you click, etc.), information about your browser and online usage patterns (e.g., Internet Protocol address, browser type, browser language, referring / exit pages and URLs, pages viewed, whether you opened an email, links clicked, etc.), and information about the device(s) you use to access the website and Services (e.g., mobile device identifier, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and whether you access the website and Services from multiple devices).

FINOVA may use the information collected through these technologies to better display our website, to save you time, to provide better technical support, for promotional purposes, and to measure and analyze website usage. These technologies help us to: (1) keep track of whether you are signed in or have previously signed in so that we can display all the features that are available to you; (2) remember your settings on the pages you visit, so that we can display your preferred content the next time you visit; (3) customize the function and appearance of the pages you visit based on information relating to your account; and (4) measure and analyze website usage for various purposes including providing and enhancing the Services.

You may be able to refuse or disable cookies by adjusting your web browser settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you. And deleting cookies may in some cases cancel the opt-out selection in your browser. Although most browsers and devices accept cookies by default, you can usually manage settings to clear or decline cookies (for instance, by using a “private” or “incognito” mode). If you disable cookies, however, some of the features of our services may not function properly.

To learn more about how to opt-out of ad targeting (and Targeting Cookies), you can go to the Network Advertising Initiative (NAI), the Digital Advertising Alliance’s Consumer Choice (DAA), or Your Online Choices (EDAA) if you are in the European Economic Area. If you use these tools, you will need to opt-out separately for each of your devices and for each web browser on each device. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android).

This Cookie Notice may be updated from time to time. If we make any changes, we will notify you by revising the “Effective Date” at the top of this Cookie Notice.

Website Footer Disclaimer

DISCLAIMER: All information contained in this website has been obtained from sources believed reliable, but may be subject to errors or omissions. The Max Maher Show LLC d/b/a FINOVA (“FINOVA”) makes no representation, warranty, or guarantee as to the accuracy, completeness, timeliness, or availability of this information, and are not responsible for any errors or omissions (negligent or otherwise), regardless of cause, or for the results obtained from the access or use of such content. FINOVA does not provide tax, accounting, or legal advice to our clients, and all investors are strongly encouraged to perform their own due diligence and to consult with their tax, accounting, investment, or legal advisers regarding any potential investment or decision.

Terms of Use

Please read the following terms of use (“Terms”) carefully as they are a legal contract between you and The Max Maher Show d/b/a FINOVA (“FINOVA”) and govern your use of this website (“Site”), including associated Content (defined below) and Services (defined below).

If you are a parent or guardian and you provide consent for your child to register with the Site, you agree to be bound by these Terms in respect of such child’s use of the Site.  If you are an agent acting on behalf of an institution, you agree, on behalf of said institution, that both you and the institution is bound by the Terms, unless your institution has a separate written service agreement with FINOVA that provides otherwise.

1 Acceptance of Terms

The Max Maher Show d/b/a FINOVA (“FINOVA”) maintains this Site for your personal, non-commercial use. FINOVA grants you a limited, non-exclusive, non-transferable license to access and use this Site in accordance with the Terms. Your access to, and use of, this Site is subject to the following Terms. These Terms shall govern your use of the Site and any of the services provided by FINOVA in connection with this Site (the “Services”) and apply to all Internet traffic visiting the Site. “Services” under these Terms include education-focused digital content services digital content and education services that are provided via videoconference, chat forums, and other media. This Site, the Content (defined below), and Services are being provided to you expressly subject to these Terms. The Terms are meant to protect all of our Site visitors and by using this Site, you accept, without limitation or qualification, these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

FINOVA reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms at any time. Such modification will be effective immediately upon posting on the Site. Please check this page periodically for changes. Your continued use of the Site following the posting of changes to these Terms will evidence your receipt and acceptance of the changes to the Term.

2 Accuracy and Completeness of Information

This Site provides you with access to certain educational services, information, and related links (collectively, the “Content”) solely for your personal, non-commercial use. All Content set forth on this Site is from sources regarded as reliable, but may be subject to errors or omissions. 

FINOVA makes no representation, warranty, or guaranty as to the accuracy, completeness, timeliness, reliability, or availability of this information, and is not responsible for any errors or omissions (negligent or otherwise), regardless of cause, or for the results obtained from the access or use of such content. FINOVA assumes no liability or responsibility for any omissions or errors in the Content of this Site. All parties are strongly encouraged to perform their own due diligence and consult with the appropriate professional(s) before entering into any type of transaction.

3 Not Professional Advice; No Reliance.

While the Site, its Content, and the Services may cover or address financial, tax, regulatory, and other issues, the Site, its Content, and the Services do not provide specific recommendations for any particular situation or circumstance and none of the foregoing should be used as a basis for investment decisions. Such recommendations can only be provided by a qualified professional advisor who is familiar with your particular circumstances and other relevant information.

4 Trademarks, Copyrights, and Intellectual Property Restrictions

This Site is operated and controlled by FINOVA. All Content on this Site, including, but not limited to text, images, video and audio clips, and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (collectively, the “IP”), and are owned and controlled by FINOVA or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) who have licensed their content or the right to market their products and/or services to FINOVA. Content on this Site is solely for your personal, non-commercial use. You may request consent to copy, reproduce, republish, upload, post, transmit, and/or distribute the Content or information for a commercial use by receiving prior written consent of FINOVA. You may request written consent by e-mailing a request to FINOVA at: Support@finova.finance. Without the prior written consent of FINOVA, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any other purpose other than personal non-commercial use without, violates FINOVA’s rights in the IP and is strictly prohibited.

As a condition to your use of this Site, you warrant to FINOVA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, including, without limitation, the posting or transmitting any defamatory, libelous, inflammatory, threatening, pornographic, or profane material. If you violate these Terms, then your permission to use the Site immediately terminates without notice. FINOVA retains the right to, in its sole discretion and for any reason, deny access to the Site to anyone.

5 Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates, or projections that are deemed “forward-looking statements” as defined under U.S. federal securities laws. If any forward-looking statements are present on or through the Site, then such statements are inherently speculative and are based on currently available information, operating plans, and projections about future events and trends. Accordingly, such forward-looking statements are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from FINOVA’s current expectations and/or projections. FINOVA does not have, nor does it take on, any obligation to publicly revise and/or update any forward-looking statements that exist on or through the Site.

6 Linked Sites

This Site may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and general information purposes only. As such, you access the Linked Sites at your own risk. The content of any Linked Sites is not under FINOVA’s control, and FINOVA is not responsible for, and does not endorse, such content, whether or not FINOVA is affiliated with the owners of such Linked Sites. Your access to such Linked Sites through links provided on this Site is governed by the terms of use and policies of those Linked Sites, not this Site. You may not establish a hyperlink to this Site or provide any links that state or imply any sponsorship or endorsement of your website by FINOVA.

7 Disclaimer of Warranties

THIS SITE, INCLUDING ALL OF ITS CONTENT AND THE SERVICES, ARE BEING OFFERED TO YOU ON AN “AS IS,” WHERE IS,” AND “WHERE AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, FINOVA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY USE OF THIS SITE IS AT YOUR OWN RISK. FINOVA MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THIS SITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FINOVA DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO.

YOU ACKNOWLEDGE THAT NEITHER FINOVA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MANY ANY WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE. YOU FURTHER ACKNOWLEDGE THAT FINOVA DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT FINOVA IS NOT RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SITE, CONTENT, AND/OR SERVICES.

8 Liability Limitation and Damages

8.1 Limitation of Liability. In no event and under no legal or equitable theory shall FINOVA or the FINOVA Parties be liable for any direct, indirect, special, incidental, or consequential damages arising out of any use of the Services or the Content contained on or through the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction. FINOVA may present advertisements or promotional materials on or through the Site. Your dealings with any third-party advertisers on or through the site are solely between you and such third party and your participation is subject to the terms and conditions associated with that respective advertisement or promotion. You agree FINOVA and the FINOVA Parties are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party materials on or through the Site.

8.2 Limitation of Damages. IN NO EVENT WILL FINOVA’s OR THE FINOVA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER SITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO FINOVA, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($1000), WHICHEVER IS GREATER.

8.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT FINOVA HAS OFFERED THE SITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FINOVA, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FINOVA. FINOVA WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

9 Registration Information

You may have the option to sign up through the Site to receive certain physical and electronic communications, including e-mail alerts. In submitting your e-mail and other contact information for such purposes, you agree to provide accurate, true, current, and complete information about you as requested by the registration screens. FINOVA’s use of any personal data you submit to the Site is governed by the Site’s Privacy Policy.

 

10 Privacy Policy

Your privacy is important to FINOVA. Your use of this Site is subject to FINOVA’s Privacy Policy. Please carefully read and understand the Privacy Policy. , which is incorporated by reference and made a part of these Terms (and which is made part of our contract with you), for information relating to FINOVA’s collection, use, and disclosure of your personal information. Among other things, our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Site and Services, and explains the procedures by which you may view, update, correct, or delete their account and personal information.

11 License Grant to Users

11.1 User Content and Ownership.

FINOVA may permit (a) the posting and/or publishing by you and other users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, "User Content"). You understand that whether or not such User Content is published, FINOVA does not guarantee any confidentiality with respect to any submissions. Consistent with applicable law, as between FINOVA and you, you retain all ownership rights you have in any User Content you post or publish to the Site, and FINOVA does not claim any ownership rights in or to such User Content. You acknowledge that are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.

11.2 License Grant to Khan Academy. 

By posting, submitting, or distributing User Content on or through the Site, you hereby grant to FINOVA a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and FINOVA’s Privacy Policy). Such license is perpetual and irrevocable, except to the extent required to comply with applicable privacy law relating to ownership and control of your personal information, including education records.

11.3 License Grant to Users.

User Postings. By posting, submitting, or distributing User Content through the Site, you hereby grant to each user of the Site or Services a non-exclusive license to access and use your User Content in any manner permitted or made available by FINOVA on or through the Site.

11.4 Access to Your User Content. 

FINOVA may permit users to share their User Content with a select group of other users, or make their User Content public for all (even non-Services users) to view. You acknowledge and agree that, although FINOVA may provide certain features intended to allow you to restrict some User Content you create from others, FINOVA does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, FINOVA will use reasonable efforts to notify you. FINOVA HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.

11.5 User Content Disclaimer. You understand that when using the Site and Services you will be exposed to User Content from a variety of sources, and that FINOVA is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FINOVA with respect thereto. FINOVA does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and FINOVA expressly disclaims any and all liability in connection with User Content.

12 Proprietary Materials; Licenses.

12.1 Proprietary Materials. The Site and Services are owned and operated by FINOVA. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the "Services Materials") are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by users and except as otherwise set forth in this Section 12, all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Site or Services are owned by or licensed to FINOVA, and FINOVA reserves all rights therein and thereto not expressly granted by these Terms.

12.2 Licensed Educational Content. FINOVA may make available on or through the Site certain educational videos, exercises, and related supplementary materials that are owned by FINOVA or its third-party licensors (the “Licensed Educational Content”). FINOVA grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on or through the Site by FINOVA solely for your personal, non-commercial purposes. Unless expressly indicated on the Site that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.

(a) Alternate Licenses. In certain cases, FINOVA or its licensors may make available Licensed Educational Content under alternate license terms, such as a variant of the Creative Commons License (as defined below) (each, an “Alternate License”). Where expressly indicated as such on the Services, and subject to the terms and conditions of these Terms, the applicable Licensed Educational Content is licensed to you under the terms of the Alternate License. By using, downloading, or otherwise accessing such Licensed Educational Content, you agree to comply fully with all the terms and conditions of such Alternate License.

(b) Creative Commons License. Unless expressly otherwise identified on the Services with respect to a particular item of Licensed Educational Content, any reference to the “Creative Commons”, “CC” or similarly-phrased license shall be deemed to be a reference to the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License (available at creativecommons.org/licenses/) (the “Creative Commons License”).

12.3 Non-Commercial Use. The Licensed Educational Content is intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing FINOVA.

(a) Impermissible Uses. Without limiting the generality of the foregoing, the following are types of uses that FINOVA expressly defines as falling outside of "non-commercial" use:

i. the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;

ii. providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and

iii. the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any “pop-up advertisements”.

(b) Use Characterization. Whether a particular use of the Licensed Educational Content is “non-commercial” depends on the use, not the user. Thus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is “non-commercial,” even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not "non-commercial," even if this use is by a non-profit entity.

13 Representations and Warranties

You warrant, represent, and agree that you will not provide any User Content or otherwise use the Site or Services in a manner that (i) infringes, violates, or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render FINOVA in violation of any applicable laws or regulations, including without limitation, applicable privacy laws; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account, the Site, or the Services in any way. Additionally, you represent, warrant, and agree that (i) you possess all rights necessary to provide your User Content and grant FINOVA the rights in these Terms; and (ii) you will comply with applications laws in connection with your use of the Site and the Services.

14 Indemnification

You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless FINOVA, its parent, successors, affiliated companies, contractors, officers, directors, employees, agents, and its third-party licensors (collectively, “FINOVA Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, expenses, and costs of any kind, including reasonable attorneys’ fees, resulting from any claim or demand made by any third-party relating to or arising out of: (i) your access to, use, or misuse of the Site or Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with applicable laws; (v) the infringement by you or any third-party using your account of any IP, privacy, or other right of any person or entity, including in connection with your User Content; or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other user. FINOVA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FINOVA, and you agree to cooperate with FINOVA’s defense of these claims. You agree not to settle any such matter without the prior written consent of FINOVA. FINOVA will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

15 Third Party Rights

Nothing express or implied in these Terms is intended to confer any benefit upon any person other than FINOVA, its subsidiaries, parent companies, and affiliates, and each’s officers, directors, employees, agents, licensors, and suppliers.  Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on their own behalf.

16 Assignment

The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without FINOVA’s prior written consent, but may be assigned by FINOVA without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

17 Choice of Law; Alternative Dispute Resolution; Jury Trial and Class Action Waiver

These Terms shall be exclusively governed by, construed, and enforced in accordance with the laws of the State of Arizona, without regard to its conflict of law or choice of law principles, as they are applied to agreements entered into and to be performed entirely within the State. The State of Arizona has sufficient ties to the subject matter of the Terms to support the parties’ selection of Arizona law to govern and control the interpretation and enforcement of the Terms.

If a dispute, controversy, or claim arises under the Terms (a “Dispute”) for any reason, the parties must first try to resolve it with the help of a mutually agreed-upon mediator in Phoenix, Arizona. The cost of the mediation, other than each party’s attorneys’ fees, will be shared equally by each party. If the parties are unable to arrive at a mutually satisfactory solution during mediation, then the parties agree to submit any unresolved Dispute to binding arbitration in Phoenix, Arizona under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The parties shall mutually agree upon a single arbitrator. If no arbitrator can be agreed upon, then the AAA shall appoint one. The arbitrator shall make findings of fact and law, and shall award the prevailing party its reasonable attorneys’ fees and costs. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. The policies outlined herein are not intended to, and do not create, any contractual or other legal rights in or on behalf of any party under these Terms. If any one or more conditions of these Terms cannot be legally enforced, the subject condition(s) will be applied as fully as possible and the other conditions hereunder shall remain fully effective.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS YOU ARE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WAIVIGN YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

Any Dispute you have with respect to the Site, Content, Services, and/or these Terms must be commenced within one (1) year after the Dispute arises. FINOVA’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit FINOVA’s rights with respect to such breach or any subsequent breaches.

You waive any right to assert any claims against FINOVA as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent you are permitted by law or court of law to proceed with a class or representative action FINOVA, you agree that: (1) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (notwithstanding any other provision of this agreement), and (2) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.

18 Notice

FINOVA may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, postings on the Site, or other reasonable means. Notice will be deemed given twenty-four hours after e-mail is sent, unless FINOVA is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Site. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Site are deemed given 30 days following the initial posting. Any notices directed to FINOVA shall be sent by first class U.S. Mail to The Max Maher Show LLC d/b/a FINOVA at: 954 AVE PONCE DE LEON STE 205 PMB 10290 SAN JUAN, PR 00907-3648 and also via e-mail to: Support@finova.finance

19 Entire Agreement

These Terms contain and represent the entire Agreement and understanding between FINOVA and you, and supersede all prior and contemporaneous agreements, understandings, inducements, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express Terms control and supersede any course of performance and/or usage of the trade inconsistent with any of the Terms. In the event that any inconsistencies exist between the Terms and any future terms of use or understanding published by FINOVA, the last published Terms or terms of use or understanding shall prevail.

20 Severability

If any provision of the Terms or is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

21 General Contact Information

For questions regarding this Site, its Content, the Services, the Terms, and/or your use of the Site, please e-mail us at: Support@finova.finance

FINOVA RESERVES ALL RIGHTS, CLAIMS, DEFENSES, REMEDIES, TITLE, AND INTEREST TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS.