MechMaxx allows existing customers (“Users”) who hold an active MechMaxx Account to earn credits (“Referral Credits”) that can be redeemed for either (i) additional MechMaxx Services (“Digital Credit Option”) or (ii) cash in US dollars (“Cash Deposit Option”) when they refer new customers (“Referred Customers”) to MechMaxx (collectively, the “Program”). An ‘active account’ is an Account that has been verified by MechMaxx upon creation, and that is not dormant (as further described in subsection 4(d) below).

 Under the Program, Users are eligible to receive Referral Credits in a certain amount equivalent to U.S. dollars (the “Reward”) for each customer referred only if: (i) the User shares with a Referred Customer a unique referral code and/or URL (collectively, the “Referral Link”) which the User can access via his/her MechMaxx Account; (ii) the Referred Customer signs up for a new MechMaxx account using the referring User’s Referral Link; and (iii) the Referred Customer maintains such MechMaxx Account for more than thirty (30) days and purchases MechMaxx’s products and services up to the minimum amount then-specified by MechMaxx when User signs up for the Program (collectively known as the “Eligibility Criteria”). If a Referred Customer signs up for a new MechMaxx Account but does not use the Referral Link, the referring MechMaxx User will not receive any Reward. 

(a) MechMaxx Users may redeem Rewards by selecting one of two options:

(i) The Cash Deposit Option: To be able to receive cash payments, a User must provide MechMaxx with a valid PayPal account capable of receiving payments. If the User fails to provide the information where to receive payments, the User will not be able to choose the Cash Deposit Option, and will not receive cash Rewards. Users who select the Cash Deposit Option will have the Referral Credits denominated in US dollars into their PayPal Account for each referral that meets the Eligibility Criteria within a reasonable period of time after the Referred Customer has maintained a MechMaxx Account for more than thirty (30) days and performed the verified purchases of MechMaxx’s products and services.

(ii) The Digital Credit Option: Users may elect to receive Referral Credits in the form of a cash-equivalent amount that can only be redeemed as payment for MechMaxx products and/or services. Users who select the Digital Credit Option will have the Referral Credits deposited in their MechMaxx Accounts for each referral that meets the Eligibility Criteria within a reasonable period of time after the Referred Customer has maintained a paid MechMaxx Account for more than thirty (30) days. Once Credit Rewards are deposited into a MechMaxx Account, those Credit Rewards may not be redeemed for a cash payouts and may only be used to pay for MechMaxx products and/or services, unless otherwise indicated by MechMaxx in its sole discretion. 

(b) All Rewards deposited into a MechMaxx Account will expire if not used by a certain date, as informed by MechMaxx when the Rewards are deposited into the User’s MechMaxx Account or, in the alternative, as set forth in Section 4(c) below. As provided above, for Users that select the Cash Deposit Option, those Users will not receive their Rewards if they do not provide their PayPal account information. Users may view their current Rewards balance by logging into their MechMaxx Accounts.

(c) MechMaxx, in its sole discretion, may impose a limit on the number of Rewards in the aggregate or by type that may redeemed per MechMaxx Account, per time period, per Reward or per any other generally-applicable metric that may be selected by MechMaxx from time to time in its sole discretion.

(d) MechMaxx reserves the right to modify, amend or revise the Rewards available. MechMaxx Users may not rely on continued Reward availability. Any Reward may be withdrawn, the amount of MechMaxx Referral Credits may be reduced, and restrictions on any Reward or its redemption may be imposed by Mechmaxx or its designee. Rewards are non-assignable and non-transferable and may not be bartered or sold. Any Rewards assigned, transferred, bartered or sold in violation of these Program Terms may be confiscated or cancelled.

(e) Unless otherwise expressly designated under the Cash Deposit Option, Rewards have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Rewards obtained by sale, auction, barter, brokerage, purchase, transfer, assignment or gambling by any person or entity will be considered to have been fraudulently obtained and deemed void, and such Rewards may be confiscated or cancelled. MechMaxx reserves the right to automatically terminate any MechMaxx Account that violates this provision. Rewards must be redeemed in accordance with these Program Terms. Rewards will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. MechMaxx reserves the right, in its sole discretion, to determine and modify, at any time, the value of Rewards. Rewards cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion. Once you have redeemed your Rewards, they are consumed and used up, and there will be no refunds, returns or exchanges for additional Rewards, or other goods and services, even if returns are allowed for the products or services for which your Rewards were redeemed.

(a) MechMaxx may modify any of these Program Terms, including, but not limited to, the methods through which Rewards can be earned, how Rewards can be used, the types or “classes” of Rewards available, and the conditions under which Rewards may expire or be forfeited, at any time, with or without notice, even though these changes may affect a MechMaxx User’s ability to use the Rewards that he/she has already earned. The Program has no predetermined termination date and may continue until such time as MechMaxx decides to terminate the Program. MechMaxx may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Site and/or via email to the MechMaxx user’s email address currently on file with MechMaxx for their Account.

(b) If MechMaxx amends these Program Terms, it will revise the “last updated” date located at the top of these Program Terms. For changes to these Program Terms that MechMaxx considers to be material, MechMaxx will place a notice on the Site by revising the link on the home page to read substantially as “Updated Program Terms” for an amount of time that MechMaxx determines in our sole discretion. If you continue to participate in the Program by earning Rewards, redeeming Rewards, logging onto your MechMaxx Account or in any other way after these Program Terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Program Terms will be available on the Site and will supersede all previous versions of these Program Terms.

(c) If MechMaxx decides in its sole discretion to discontinue the Program, MechMaxx users will have approximately thirty (30) days or an amount of time deemed reasonable by MechMaxx in its sole discretion from the date the termination of the Program is announced, to redeem and/or use their remaining Rewards. Users may not rely on continued Reward availability. MechMaxx makes no representation or warranty about the number or type of Rewards that may be available after Program termination has been announced. Any Rewards remaining in a MechMaxx User’s account at the time of termination will be forfeited and no compensation will be provided. MechMaxx may cancel your Subscription, cancel accumulated Rewards, alter the number of Rewards in your MechMaxx Account or suspend your account privileges at any time with immediate effect if MechMaxx determines in its sole discretion that you (i) have acted in a manner inconsistent with applicable laws or ordinances; (ii) acted in a fraudulent or abusive manner; (iii) breached any of these Program Terms; (iv) engaged in any fraud or abuse concerning Rewards, Rewards usage or Rewards redemption; or (v) engaged in any conduct or act that causes MechMaxx to terminate or suspend your access to the Site. MechMaxx may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Program Terms shall limit MechMaxx in its exercise of any legal or equitable rights or remedies.

(d) MechMaxx reserves the right to terminate the account of any MechMaxx User whose MechMaxx Account becomes dormant. A MechMaxx Account will be considered dormant if the MechMaxx Account holder fails to log onto his or her MechMaxx Account or show any activity for twelve (12) months or, in the alternative, with such regularity deemed sufficient by MechMaxx and announced from time to time on the Site. MechMaxx in its sole discretion may allow MechMaxx Users to reactivate or re-verify dormant accounts by following MechMaxx’s instructions (and thus preventing their Rewards from expiring).

(e) ACCRUED REWARDS DO NOT CONSTITUTE PROPERTY OF A USER AND MAY HAVE NO VALUE OUTSIDE OF THE PROGRAM. REWARDS ARE CREDITS THAT MechMaxx MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. REWARDS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each MechMaxx Account holder is responsible for ensuring that the information in his/her MechMaxx Account is accurate and is kept current. If a MechMaxx Account holder believes that his/her MechMaxx Account does not properly reflect Rewards earned from engaging in any activities, the MechMaxx Account holder must contact MechMaxx to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, MechMaxx reserves the right to seek damages from any such person to the fullest extent permitted by law. MechMaxx’s failure to enforce any of these Program Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual's eligibility for the Program, the earning, crediting or use of Points, or a MechMaxx Account holder’s compliance with these Program Terms will be resolved by MechMaxx in its sole discretion.

(f) This Program is provided on an “AS IS” basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement. MechMaxx is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program. By participating in the Program, each MechMaxx Account holder accepts all responsibility for, and hereby indemnifies and holds harmless MechMaxx, from and against any claims that may arise from actions taken by such MechMaxx Account holder or for any unauthorized access to a MechMaxx Account by any third party.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MechMaxx OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MechMaxx ACCOUNT HOLDER PROVES THAT MechMaxx HAS IMPROPERLY DENIED THAT ACCOUNT HOLDER ANY REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARDS. BY PARTICIPATING IN THE PROGRAM, A MechMaxx ACCOUNT HOLDER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MechMaxx ACCOUNT HOLDER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 AS SET FORTH IN SECTION