1. Agreement to these Terms
These Terms of Service (the "Terms") are a legally binding agreement between you and EVECS, LLC ("MAXRadius," "we," "us," or "our") governing your access to and use of maxradius.com, the free MAXRadius newsletter, and related pages (collectively, the "Services").
If you use the Services on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity, and "you" includes that entity. If you do not agree to these Terms, do not use the Services.
Our Privacy Policy describes how we collect and process personal information. Our Cookie Policy describes how we use cookies and similar technologies. The Privacy Policy is incorporated by reference into these Terms. In the event of a conflict about privacy practices, the Privacy Policy controls for privacy matters; these Terms control for use of the Services and liability allocation.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Services. The Services are intended for business and professional use and are not directed to children. You may not use the Services if you are barred under applicable law or if we have previously suspended or terminated your access.
There are no user accounts on this website. Newsletter signup is handled by Kit as described in Section 4. You are responsible for the email address you submit and for activity originating from that address.
3. The Services
MAXRadius is a free weekly growth marketing newsletter and related website. We publish tactics, case studies, and other educational content, including content we run on our own products.
We may modify, add, or remove features, change the publishing cadence, or change technical implementations from time to time. We do not guarantee that any particular page, issue, or feature will remain available indefinitely.
Service levels. The Services are provided without uptime guarantees. We aim for high availability but may experience downtime for maintenance, outages, or events beyond our reasonable control.
5. Acceptable use
You will not, and will not allow others to:
- Violate applicable law, regulation, or these Terms, or use the Services for illegal, harmful, fraudulent, or deceptive activity;
- Infringe, misappropriate, or violate intellectual property, privacy, or other rights of others;
- Attempt to gain unauthorized access to the Services or underlying systems; probe, scan, or test vulnerabilities except with our prior written consent; or bypass security or usage limits;
- Interfere with or disrupt the Services, including via excessive automated requests beyond documented limits or fair use;
- Scrape, republish, or resell site or newsletter content except as expressly permitted in Section 6 or by written agreement;
- Reverse engineer, decompile, or attempt to extract source code from the Services except to the extent such restriction is prohibited by law;
- Misrepresent your identity or affiliation, or use the Services in a way that implies MAXRadius endorses your content or business without our written permission; or
- Use automated means to subscribe addresses you do not control, or otherwise abuse the newsletter signup flow.
We may investigate violations and remove content, suspend features, or block access as we reasonably deem necessary to protect the Services, readers, or third parties.
6. Intellectual property and feedback
The Services, including software, branding, documentation, site design, and all related intellectual property, are owned by EVECS, LLC and its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your own personal or internal business use.
You may read, apply, and discuss the tactics we publish. You may not copy the site or newsletter wholesale, train a competing product on our non-public materials obtained through unauthorized means, or use our name, logos, or trademarks without prior written permission, except for truthful factual references to your use of MAXRadius.
If you provide feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.
7. Third-party services
The Services are built on Cloudflare for all infrastructure (including Workers, edge delivery, DNS, security, Cloudflare Analytics, and Cloudflare Tag Gateway). We use Kit.com for newsletter signup and delivery, and Google Analytics (injected by Cloudflare Tag Gateway) to measure site usage.
Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party services we do not control and do not warrant their availability, security, or performance beyond what those providers commit to us. Your use of the Kit signup form constitutes instruction to us to send your email address and related signup data to Kit as needed to provide the newsletter.
The Services may also link to third-party websites, tools, or affiliate offers. Those destinations are not under our control. Review their terms and privacy policies before you rely on them.
8. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EVECS, LLC AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT THE NEWSLETTER WILL ARRIVE ON ANY PARTICULAR SCHEDULE; OR THAT ANY TACTIC, EXAMPLE, OR RECOMMENDATION WILL PRODUCE A PARTICULAR RESULT.
Growth marketing outcomes depend on your product, market, execution, and factors outside our control.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS. IN THOSE JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVECS, LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION; ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO EVECS, LLC FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (FOR EXAMPLE, LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE SUCH LIMITATION IS PROHIBITED).
10. Indemnification
You will defend, indemnify, and hold harmless EVECS, LLC and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services in violation of these Terms or law; (b) content or links you submit to us; or (c) your breach of these Terms. We may assume exclusive defense of any matter subject to indemnification at your expense; you will cooperate fully.
11. Suspension and termination
You may stop using the Services at any time and may unsubscribe from the newsletter as described in Section 4. We may suspend or terminate access immediately if: (a) you breach these Terms; (b) your use risks harm to the Services, other readers, or third parties; (c) we are required to do so by law; or (d) we discontinue the Services in whole or in part with reasonable notice where practicable.
Upon termination, your right to use the Services ends. We may delete or suppress your subscriber record as described in the Privacy Policy. Sections that by their nature should survive (including ownership, disclaimers, limitations of liability, indemnification, and dispute terms) will survive termination.
12. Changes to the Services and Terms
We may update these Terms from time to time. When we do, we will revise the "Last modified" date and may provide additional notice for material changes (for example, email or a notice on the website). Except where applicable law requires otherwise, changes become effective when posted. If you continue to use the Services after the effective date, you accept the updated Terms. If you do not agree, you must stop using the Services and unsubscribe.
13. Governing law and disputes
These Terms are governed by the laws of the State of Florida, excluding its conflict-of-laws rules. Subject to any mandatory consumer protections that cannot be waived, the exclusive venue for disputes arising out of or relating to these Terms or the Services will be the state or federal courts located in Volusia County, Florida (or the federal district court with jurisdiction over that county), and you and EVECS, LLC consent to personal jurisdiction there.
Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting support@maxradius.com with a brief description of the dispute. If we cannot resolve it within thirty (30) days, either party may proceed with formal dispute resolution.
Injunctive relief. Nothing in these Terms limits either party's right to seek temporary or injunctive relief for intellectual property infringement or unauthorized access to the Services.
Class action waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND EVECS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
If you are a consumer in a jurisdiction that prohibits certain venue or waiver provisions, those provisions apply only to the maximum extent allowed.
14. General provisions
- Entire agreement. These Terms, the Privacy Policy, and the Cookie Policy constitute the entire agreement between you and EVECS, LLC regarding the Services and supersede prior or contemporaneous agreements on that subject.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets or of the company, or to an affiliate. These Terms bind permitted successors and assigns.
- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.
- Waiver. Failure to enforce a provision is not a waiver of the right to do so later.
- Export and sanctions. You must comply with U.S. and other applicable export control and sanctions laws. You may not use the Services if you are on a prohibited party list or located in a comprehensively embargoed jurisdiction, except as authorized by law.
- Force majeure. We are not liable for delays or failures due to events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, utilities failures, internet disturbances, or acts of government.
- Notices. We may provide notices by email to the address you used to subscribe, or by posting on our website. Notices to us must be sent to support@maxradius.com and, for legal process, to our mailing address below (or as otherwise we designate).
- Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.
- Headings. Headings are for convenience only and do not affect interpretation.
- Language. These Terms are in English. Any translation is for convenience; the English version controls if there is a conflict.
15. Contact
Questions about these Terms:
These Terms are provided to establish clear rules for use of the Services and to protect both readers and EVECS, LLC. They are not formal legal advice; consider having counsel review them for your specific situation.