LAST UPDATED: 15-October-2020

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Thanks for using Maxguard. These terms of service ("Terms") cover your use and access to the products, services, software, platform, and websites (collectively, "Services") provided by Maxguard LLC and any of our affiliates (collectively, "Maxguard"). By using our Services, you agree to be bound by these Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.

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You must be the legal age of majority in your jurisdiction of residence or otherwise able to form a binding contract with Maxguard in order to use the Services. In no event is the use of the Services permitted by those under the age of 18.

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1.     Refund Policy

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We want you to be 100% satisfied with our Services. If you are less than satisfied or believe there has been an error in billing, please contact Maxguard by email at info@maxguardadvisory.com so that we can help you resolve the issue, provide a refund or offer credit that can be used for future Services.

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When contacting us, please include any details relating to the Services you have purchased so that we can ensure you are completely satisfied with your Maxguard experience. All refund requests must be made within 30 days of purchase.

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We do not offer refunds on payments we have collected for Company Registration or IP Registration services or to other third parties with a role in processing your order. We also cannot refund any money paid by you directly to third parties.

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2.     Maxguard Legal Information is Not a Substitute for Legal Advice

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Maxguard provides a platform for legal resources. The information provided by Maxguard along with the content on our website related to legal matters ("Legal Information") is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.

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If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither Maxguard nor any Legal Information provided by Maxguard is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. As Maxguard is not a law firm, please note that communications between you and Maxguard may not be protected as privileged communications under the attorney-client privilege or work product doctrine. Also, if you communicate through Maxguard’s website forms or email, the communications between you and a Designated Attorney who answers your question may not be protected as privileged communications under the attorney-client privilege or work product doctrine.

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Your use of the Services does not create an attorney-client relationship between you and Maxguard or between you and any Maxguard employee or representative. Unless you are otherwise represented by an attorney, including a Designated Attorney, you represent yourself in any legal matter you undertake through our Services.

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3.     Interactions with Attorneys through Maxguard

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When you use our Services, you may be designated an independent attorney (a "Designated Attorney"). Designated Attorneys are neither employees nor agents of Maxguard. Designated Attorneys are third-party independent contractors who carry their own malpractice insurance and have agreed to provide online answers, limited consultations or other basic legal services to Maxguard users. Communicating with a Designated Attorney through Maxguard is NOT required. However, if you choose to communicate with a Designated Attorney through Maxguard, please note the following:

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• When you contact a Designated Attorney through Maxguard, he or she may provide you with an initial consultation, legal review of your forms or documents, or answers to your legal questions. Please note that any such interaction is intended to be a starting point for dealing with a legal matter or addressing basic legal questions and any attorney-client relationship formed during the course of that interaction is strictly between you and the Designated Attorney and expressly EXCLUDES Maxguard.

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• When you contact a Designated Attorney through Maxguard, he or she may ask you for some information regarding you and your legal affairs in order to properly address your questions. By using our Services, you consent to share such personally identifying information for the purpose of securing legal advice with both the requesting attorney and with Maxguard. Maxguard will have access to any communications submitted through our platform for fulfillment and quality assurance purposes.

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• When you contact a Designated Attorney through Maxguard, you control both the duration and depth of the interaction. Any attorney-client relationship formed during the course of that interaction may, at your option, either

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          i end when the interaction with the Designated Attorney ends, or

          ii continue if you wish to engage the Designated Attorney for further legal services.

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• If you wish to create an attorney-client relationship with a Designated Attorney that extends beyond your use of our Services, that relationship will be on whatever terms you establish with the attorney in question. Those terms do NOT involve Maxguard and, except for pre-negotiating special discounts for our users, we do not set, control, or influence them. For example, the Designated Attorney may ask you to sign a formal representation agreement regarding the scope of work they will perform.  All costs for legal fees and out-of-pocket expenses they incur may be charged through Maxguard’s payment system or from directly from the Designated Attorney.

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• Designated Attorneys may be compensated by Maxguard for Services performed on your behalf. However, Maxguard will not influence or interfere in any way with any attorney's independent professional judgment. Designated Attorneys reserve the right to refuse to perform legal services on your behalf in their sole discretion.

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MAXGUARD SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY ATTORNEY YOU ENCOUNTER ON OR THROUGH OUR WEBSITE, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.

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4.     Business Filings (e.g. Company Registration, IP Registration)

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Maxguard occasionally partners with other companies to fulfill business registration and IP registration, or other business filing orders. You understand and agree that Maxguard will share certain personally identifiable information for you with the applicable third-party provider.

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5.     Ownership and Preservation of Your Documents

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Maxguard does not claim ownership of any documents you either create or upload and store using our platform. You grant permission for Maxguard to use your documents in connection with providing Services to you.

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You acknowledge and agree that Maxguard may preserve these documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Maxguard, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Maxguard has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.

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6.     Consent to Receive Emails

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By creating an account, you agree that you may receive communications from Maxguard, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by contacting Maxguard at info@maxguardadvisory.com to remove yourself from these communications.

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7.     Acceptable Use of Communications Services

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Our Services include a large number of what are collectively called "Communications Services." These include services such as live chats, comment threads, blog posts, forms, customer service and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

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• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.

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• Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.

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• Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.

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• Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when

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          i.            you own or control the necessary rights, or

          ii.            you have received all necessary consents to do so.

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• Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another's a computer.

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• Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.

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• Restrict or inhibit any other user from using and enjoying the Communication Services.

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• Harvest or otherwise collect personally identifiable information about others, without their consent.

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• Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

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• Violate any applicable laws or regulations.

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Although Maxguard has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Maxguard reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

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8.     No Unlawful or Prohibited Use

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You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Maxguard to access or use our website or Services. By using our Services, you accept sole responsibility that you or any family member's use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Maxguard reserves the right to refuse service, or suspend or terminate your account immediately and without prior notice at our sole discretion.

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The following are specifically excluded or prohibited:

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• Use in connection with any legal matter that is frivolous, immaterial or illegal in nature, as determined by Maxguard or the Designated Attorney in their sole discretion;

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• Use in connection with any legal matter involving an alleged violent crime;

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• Use in connection with any legal matter involving the laws of jurisdictions outside of China or its subdivisions;

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• Use in connection with any legal matter for which you are currently or prospectively represented by legal counsel.

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• Use in connection with any legal matter that, as determined by the Designated Attorney in his or her sole discretion, lacks sufficient merit to warrant pursuit or that has been raised an excessive or unreasonable number of times without a change in circumstances;

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• Use in connection with any legal matter that directly or indirectly involves any Designated Attorney other than as your counsel;

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• Use in connection with any legal matter that directly or indirectly involves Maxguard or any of its affiliates, directors, agents, employees, or other Maxguard service providers; or

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• Use in connection with any legal matter in which your Program Sponsor has an adverse interest, or in which any director, officer, agent or employee thereof has an adverse interest. For the purposes of this provision, "Program Sponsor" means any company, organization or affiliation that purchases or offers on behalf of its members or employees, a Maxguard legal plan through wholesale channels, retail channels or otherwise. Please see your Program Sponsor for additional restrictions.

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You may not hack, "scrape" or "crawl" maxguardadvisory.com whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Maxguard has not intentionally made available to you on its website via a purchase. Your use of the Maxguard website does not entitle you to resell any Maxguard content without prior express written consent from Maxguard.

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9.     License Grant

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Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a Maxguard customer, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created or purchased on Maxguard. You may not copy the content of Maxguard’s forms or agreements for use or sale outside of Maxguard. Any rights not expressly granted in these Terms are reserved by Maxguard.

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When you transmit user content on Maxguard, you hereby grant Maxguard and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

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Resale or unauthorized distribution of materials downloaded from the Maxguard website is strictly prohibited. The use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Maxguard.

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10.     Intellectual Property Rights

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Maxguard retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:

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          i.            reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;

          ii.            sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or

          iii.            circumvent or disable any security or technological features of our products and services.

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The design, text, graphics, and selection and arrangement thereof and services and the legal forms, documents, guidance, and all other content found on our website ("Service Content") are copyright © Maxguard LLC. All rights reserved. You may not copy, imitate, or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Maxguard is the service mark, trademark, and/or trade dress of Maxguard LLC and you may not copy, imitate, or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Maxguard’s trademarks displayed on our website. All goodwill generated from the use of Maxguard’s trademarks is reserved for the use of Maxguard, exclusively.

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11.     Links to Third Party Sites

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Maxguard’s websites may contain links to third-party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Maxguard does not sponsor and is not legally associated with any third party "linked sites." Maxguard is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

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Maxguard does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Maxguard is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

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If you use any service provided on a Linked Site, (a) Maxguard will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Maxguard does not warrant or support any service provided by the third party.

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12.     Disclaimer of Representations and Liability

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Please read this section carefully as it affects your rights

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The information, software, products, and services made available through Maxguard may include inaccuracies or typographical errors. Maxguard and/or its suppliers may at any time make improvements or changes to our Services. Information received via Maxguard should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.

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TO THE FULLEST EXTENT PERMITTED BY LAW, MAXGUARD AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

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TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAXGUARD, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT MAXGUARD HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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MAXGUARD’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO MAXGUARD FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.

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13.     Release and Indemnity

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On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold Maxguard, your Program Sponsor and its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Service. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.

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You agree to indemnify and hold Maxguard, your Program Sponsor and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.

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14.     Dispute Resolution By Binding Arbitration

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Please read this section carefully, as it affects your rights.

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Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us at info@maxguardadvisory.com. 

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In the event of any dispute, controversy or claim arising out of or relating to these Terms of Service or your use of the Website, Content or Services, you shall attempt in the first instance to resolve such dispute through friendly consultations. If such dispute is not resolved through consultations within thirty (30) days after the date such consultations were first requested in writing by a party, then either party may submit the dispute for litigation in Shenzhen before Shenzhen Court of International Arbitration ("SCIA") in accordance with SCIA Arbitration Rules then in force.

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A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.Any notice to Maxguard should be addressed to Maxguard LLC, Unit 12, 36/F, Building A, Galaxy Century, 3069 CaitianRoad, Futian District, Shenzhen, Guangdong Province, China, postal code 5180016, Attention: General Counsel. Any notice to you shall be sent to your address as set forth in Maxguard’s records of account or such other legal address as Maxguard is able to identify.

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15.     Controlling Law

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These Terms will be governed by China law except for its conflicts of laws principles.

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16.     Entire Agreement

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These Terms constitute the entire agreement between you and Maxguard with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

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17.     Waiver, Severability and Assignment

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Maxguard’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Maxguard may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

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18.      Modifications

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We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.