Use of this Web site (the "Site") by you is governed by these terms and conditions of use ("Terms"). You acknowledge that you have read these Terms and that you accept and agree to abide by them. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THIS SITE. MAXXIS may from time to time change these Terms. Your use of this Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. Because these Terms are binding upon you in connection with any use you make of this Site, you are advised to periodically review this page for changes to the Terms.
II. SITE CONTENTS
This Site as a whole, as well as all materials, images, text (other than user information), illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, "look and feel," and other elements contained on or otherwise making up this Site (collectively, the "Contents"), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and Contents are owned or licensed by MAXXIS and/or its affiliated companies.
MAXXIS grants you a limited, non-exclusive, non-transferable license to access and use the Site and Contents for purposes of general browsing and/or conducting business with MAXXIS. In addition, permission is granted to electronically display and electronically copy and print hard copy portions of the Site for your own personal, non-commercial use.
In all events, however, you shall not be permitted to, you shall not and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site and/or the Contents for any purposes or in any manner other than as intended and expressly authorized in writing by MAXXIS; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Contents on the Site; (iii) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or the Contents; (iv) attempt to gain unauthorized access to the Site, any products or services available on the Site, other accounts, or computer systems or networks connected to the site through hacking, password mining, the impersonation of others, the unauthorized use of another's user name, password or other information, or any other means; and (v) use any robot, spider, other automatic device, or manual process to monitor or copy pages of the Site or the Content.
MAXXIS reserves the right in its sole discretion to limit, restrict, suspend, or terminate any person's or company's access to or usage of this Site or any portion thereof for any reason. MAXXIS further reserves the right in its sole discretion to change, suspend, or discontinue any aspect, feature, function, or Content of the Site at any time without notice or liability.
III. PROPER USAGE
You agree to use the Site and Contents only for proper, lawful purposes and not for any illegal, unethical, fraudulent, deceptive, or other purposes. You agree to refrain from using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on Site. You further agree to refrain from taking any action that could impose an unreasonable or disproportionately large burden on the Site infrastructure.
You acknowledge that some areas of the Site (such as individual customer accounts) are restricted and accessible only via password. You agree to access and use only those areas of the Site that have been authorized for your use (such as your individual customer account) and to refrain from using any password or account information of any third party. If you have a password, you agree not to disclose or share your password or other relevant account information with any third parties or to use your password for any unauthorized purpose.
IV. USER SUBMISSIONS
You agree to submit to this Site only Communications that are proper, lawful, and related to the purposes of this Site. You agree that you will not and will not permit others to, submit any Communications to this Site that: (i) infringe any intellectual property, privacy, or publicity rights of a third party; (ii) are obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to a third party; (iii) constitute, or encourage conduct that would constitute, a criminal office, give rise to civil liability, or otherwise violate law; (iv) contain a virus or other harmful component; (v) constitute or contain false or misleading indications of origin or statements of fact; or (vi) constitute advertising or solicitation of business. MAXXIS reserves the right in its sole discretion to delete without notice any Communications received from any source.
V. MAXXIS COMMUNICATIONS TO YOU
VI. LINKS TO OTHER SITES AND SERVICES
This Site may contain links or references to third-party Web sites, services, or resources. Any such links or references are provided solely as a convenience to you. No such link or reference constitutes an endorsement by MAXXIS of, and MAXXIS makes no warranties or representations whatsoever regarding, any such third-party Web sites, services, or resources.
VII. PRODUCT INFORMATION
THE SITE AND CONTENTS ARE PROVIDED "AS IS, WHERE IS." TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE BY LAW, MAXXIS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, ANY AND ALL CONTENTS AND ANY AND ALL INFORMATION CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND ACCURACY. Without limiting the generality of the preceding sentence, MAXXIS specifically does not warrant: (i) that the operation of, or access to, the Site will be uninterrupted or error free; (ii) that adequate security measures will be in place to prevent unauthorized access or other tortious conduct by third parties; (iii) that Site errors and defects will be corrected; (iv) that the information on the Site, including, without limitation, product prices, specifications, availability, performance data, compatibility with other products and equipment, etc., is fully accurate, free of errors, reliable, complete, or timely; or (v) that the Site and its server are virus-free or free of other harmful components.
IX. LIMITATION OF LIABILITY
IN NO EVENT SHALL MAXXIS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST TIME, LOST PROFITS, BUSINESS INTERRUPTION AND/OR LOST INFORMATION), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, THE CONTENTS, OR INFORMATION CONTAINED ON THIS SITE AND WHETHER OR NOT MAXXIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY MONETARY DAMAGES ARE IMPOSED UPON MAXXIS NOTWITHSTANDING THE PRECEDING LIMITATION, YOU AGREE THAT SUCH LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF ACTUAL DAMAGES OR $637.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MAXXIS, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM OR ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THIS SITE, OR ANY COMMUNICATIONS YOU SUBMIT.
This Site is controlled and operated by MAXXIS from its offices in Suwanee, Georgia. This Agreement shall be construed in accordance with the laws of the United States without regard to any conflict of laws provisions. Any dispute arising under this Agreement shall be resolved exclusively by the courts of the United States. These Terms are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law. No failure or delay by MAXXIS in exercising any right hereunder shall operate as a waiver of such right and any written waiver in a given instance shall not be deemed to be a continuing waiver of any such right. All waivers by MAXXIS must be embodied in a written document signed by MAXXIS. You agree that any claim or cause of action you may have with respect to your use of this Site, the Contents, or the information contained therein must be commenced within one year after the claim or cause of action arises.