TERMS AND CONDITIONS
By placing an order through this
website, you agree to the terms and conditions set for the below. Please read
through these terms carefully before placing your order and print a copy for
future reference. Please also read our Privacy Policy regarding personal
information provided by you, which is incorporated herein by reference.
Health Disclaimer:
Any statements on this site or any
materials or supplements distributed or sold by Maxx Male Labs LLC has not
been evaluated by the Food and Drug Administration. This product is not
intended to diagnose, treat, cure or prevent any disease. If you are pregnant,
nursing, taking medication, or have a history of heart conditions we suggest
consulting with a physician before using any of our products. The results on
all products are not typical and not everyone will experience these results.
Toll Free Customer Service phone: 1-800-993-4553
Return Policy:
In order to obtain your full refund,
contact customer service by phone and obtain an RMA (Return Merchandise
Authorization) number to place on your package. Write this number on the
outside of the shipping package, and send the product back to our fulfillment
center at the address listed below, within ninety (90) days of the date you
originally ordered the product. In order for your full refund to be processed
the product must arrive at our fulfillment facility within ninety (90) days of
the original purchase date. You pay for return shipping. Once our fulfillment center has received the package and relayed
the correct information to us, you will be issued a refund, plus $10 extra if you qualify. Your refund will be credited back to your
bank account, and may take up to 3-5 business days to show in your statement,
depending on the speed of the processing bank.
TERMS OF SERVICE
This Terms of Service ("TOS") is a legally binding
agreement made by and between Maxx Male Labs LLC ("we" or
"us") and you, personally and, if applicable, on behalf of the entity
for whom you are using this web site (collectively, "you"). This TOS
governs your use of the Maxx Male Labs LLC web site ("Web Site")
and the services we offer on the Web Site ("Services"), so please
read it carefully. BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE
THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT
AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE.
INTERNET
TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY.
ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR
CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED
PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
1. Using the Web Site.
(a) Eligibility.
Except as expressly provided below, (b) Compliance. You must comply with all of the terms and
conditions of this TOS, the policies referred to below, and all applicable
laws, regulations and rules when you use the Web Site.
(c) License and
Restrictions. Subject to the terms and conditions of this TOS, you are hereby
granted a limited, non-exclusive right to use the content and materials on the
Web Site in the normal course of your use of the Web Site. You may not use any
third party intellectual property without the express written permission of the
applicable third party, except as permitted by law. The Website will retain
ownership of its intellectual property rights and you may not obtain any rights
therein by virtue of this TOS or otherwise, except as expressly set forth in
this TOS. You will have no right to use, copy, display, perform, create
derivative works from, distribute, have distributed, transmit or sublicense
from materials or content available on the Web Site, except as expressly set
forth in this TOS. You may not attempt to reverse engineer any of the
technology used to provide the Services.
(d) Prohibited Conduct. In your
use of the Web Site and the Services, you may not: (i) infringe any patent,
trademark, trade secret, copyright, right of publicity or other right of any
party; (ii) defame, abuse, harass, stalk any individual, or disrupt or
interfere with the security or use of the Services, the Web Site or any web
sites linked to the Web Site; (iii) interfere with or damage the Web Site or
Services, including, without limitation, through the use of viruses, cancel
bots, Trojan horses, harmful code, flood pings, denial of service attacks,
packet or IP spoofing, forged routing or electronic mail address information or
similar methods or technology; (iv) attempt to use another user's account, impersonate
another person or entity, misrepresent your affiliation with a person or
entity, including (without limitation) the Website or create or use a false
identity; (v) attempt to obtain unauthorized access to the Web Site or portions
of the Web Site that are restricted from general access; (vi) engage, directly
or indirectly, in transmission of "spam," chain letters, junk mail or
any other type of unsolicited solicitation; (vii) collect, manually or through
an automatic process, information about other users without their express
consent or other information relating to the Web Site or the Services; (viii)
use any meta tags or any other "hidden text" utilizing the Maxx Male Labs LLC name, trademarks, or product names; (ix) advertise, offer to
sell, or sell any goods or services, except as expressly permitted by the
Website; (x) engage in any activity that interferes with any third party's
ability to use or enjoy the Web Site or Services; or (xi) assist any third
party in engaging in any activity prohibited by this TOS.
(e) Other
Users. If you become aware of any conduct that violates this TOS, We encourage
you to contact Customer Service. We reserve the right, but will have no
obligation, to respond to such communications.
2. Your Content.
(a) License. By posting,
storing, or transmitting any content on or to the Website, you hereby grant us
a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and
license to use, copy, display, perform, create derivative works from, distribute,
have distributed, transmit and sublicense such content in any form, in all
media now known or hereinafter created, anywhere in the world. You hereby
irrevocably waive any claims based on moral rights or similar theories, if
any.
(b) Objectionable Content. We do not have the ability to control the
nature of the user-generated content offered through the Web Site. You are
solely responsible for your interactions with other users of the Web Site and
any content that you post. We will not be liable for any damage or harm
resulting from any content or your interactions with other users of the Web
Site. We reserve the right, but have no obligation, to monitor interactions
between you and other users of the Web Site and take any other action to
restrict access to or the availability of any material that we or another user
of the Web Site may consider to be obscene, lewd, lascivious, filthy,
excessively violent, harassing or otherwise objectionable (including, without
limitation, because it violates this TOS).
3. Accuracy
of Information.
We attempt to ensure that the information on the Web Site is
complete and accurate; however, this information may contain typographical
errors, pricing errors, and other errors or inaccuracies. We assume no
responsibility for such errors and omissions, and reserve the right to: (i)
revoke any offer stated on the Web Site; (ii) correct any errors, inaccuracies
or omissions; and (iii) make changes to prices, content, promotions, product
descriptions or specifications, or other information on the Web Site.
4. Sales Tax.
If you purchase any products
available on the Web Site ("Products"), you will be responsible for
paying any applicable sales tax indicated on the Web Site.
5. Fraud.
We reserve the right, but undertake no obligation, to actively
report and prosecute actual and suspected credit card fraud. We may, in our
discretion, require further authorization from you such as a telephone
confirmation of your order and other information. We reserve the right to
cancel, delay, refuse to ship, or recall from the shipper any order if fraud is
suspected. We capture certain information during the order process, including
time, date, IP address, and other information that will be used to locate and
identify individuals committing fraud. If any Web Site order is suspected to be
fraudulent, we reserve the right, but undertake no obligation, to submit all
records, with or without a subpoena, to all law enforcement agencies and to the
credit card company for fraud investigation. We reserve the right to cooperate
with authorities to prosecute offenders to the fullest extent of the law.
6. Intellectual Property Rights.
(a)
Copyright. All materials on the Web Site, including without limitation, the
logos, design, text, graphics, other files, and the selection and arrangement
thereof are either owned by us or are the property of our suppliers or
licensors or other companies. You may not use such materials without
permission.
(b) Trademarks. Maxx Male Labs LLC is a trade name we
own. The related design marks, and other trademarks on the Web Site are owned
by us. Page headers, custom graphics, button icons and scripts are trademarks
or trade dress we own. You may not use any of these trademarks, trade dress, or
trade names without our express written permission.
7. Third Party Websites.
Maxx Male Labs LLC may contain links to other websites on the Internet that are
owned and operated by third parties. We do not control the information,
products or services available on these third party websites. The inclusion of
any link does not imply our endorsement of the applicable website or any
association with the website's operators. Because we have no control over such
websites and resources, you agree that we are not responsible or liable for the
availability or the operation of such external websites, for any material
located on or available from any such websites or for the protection of your
data privacy by third parties. Any dealings with, or participation in
promotions offered by, advertisers on the Website, including the payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings or promotions, are
solely between you and the applicable advertiser or other third party. You
further agree that we shall not be responsible or liable, directly or
indirectly, for any loss or damage caused by the use of or reliance on any such
material available on or through any such site or any such dealings or
promotions.
8. Linking and Framing.
You may not deep
link to portions of the Web Site, or frame, inline link, or similarly display
any of our property, including, without limitation, the Web Site. You may not
use any of our logos or other trademarks as part of a link without express written
permission.
9. Comments.
All comments, feedback,
suggestions, ideas, and other submissions that you disclose, submit or offer to
us in connection with your use of the Web Site will become our exclusive
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to us of all worldwide right, title and interest in all patent,
copyright, trademark, and all other intellectual property and other rights
whatsoever in and to the Comments and a waiver of any claim based on moral
rights, unfair competition, breach of implied contract, breach of
confidentiality, and any other legal theory. You will, at our cost, execute any
documents to affect, record, or perfect such assignment. Thus, we will own
exclusively all such right, title and interest and shall not be limited in any
way in the use, commercial or otherwise, of any Comments. You should not submit
any Comments to us if you do not wish to assign such rights to us. We are and
will be under no obligation: (i) to maintain any Comments in confidence; (ii)
to pay to you or any third party any compensation for any Comments; or (iii) to
respond to any Comments. You are and shall remain solely responsible for the
content of any Comments you make.
10.
Indemnification.
You agree to defend, indemnify and hold the Web Site, and its
subsidiaries, affiliates, and their directors, officers, agents, members,
shareholders, co-branders or other partners, employees, and Ad Partners
harmless from any liabilities, losses, actions, damages, claims or demands,
including reasonable attorneys' fees, costs and expenses, made by any third
party directly or indirectly relating to or arising out of (a) content you
provide to the Web Site or otherwise transmit or obtain through the Service,
(b) your use of the Service, (c) your connection to the Service, (d) your
violation of this Agreement, (e) your violation of any rights of another or (f)
your failure to perform your obligations hereunder. If you are obligated to
provide indemnification pursuant to this provision, we may, in our sole and
absolute discretion, control the disposition of any Claim at your sole cost and
expense. Without limitation of the foregoing, you may not settle, compromise,
or in any other manner dispose of any Claim without our consent.
11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEB SITE, THE
PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEB SITE, THE
SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE,
(II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR
REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE
OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN
THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND
NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEB
SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT
EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE
FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS
OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER
OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
(c) HEALTH RELATED
INFORMATION. WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES
ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER
HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR
THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD
CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
(d) PRODUCTS. ALL
PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT
PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE,
PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY
CODES, OR MISAPPROPRIATION
(e) EXCLUSION OF DAMAGES. WE WILL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO
LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR
CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF
ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR
AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING,
WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED
THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
12. Force Majeure.
You acknowledge
and understand that if the Web Site is unable to provide the Products as a
result of a force majeure event the Website will not be in breach of any of its
obligations towards You under these Terms of Service. A force majeure event
means any event beyond the control of the Website. THE WEBSITE SHALL NOT HAVE
ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS
OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT
OF A FORCE MAJEURE EVENT.
13. Domestic
Use;
Export Restriction. We control the Web Site from
our offices within the United States of America. We make no representation that
the Web Site or its content (including, without limitation, any products or
services available on or through the Web Site) are appropriate or available for
use in other locations. Users who access the Web Site from outside the United
States of America do so on their own initiative and must bear all
responsibility for compliance with local laws, if applicable. Further, the
United States export control laws prohibit the export of certain technical data
and software to certain territories. No content from the Web Site may be
downloaded in violation of United States law.
14. Arbitration.
All disputes arising out of
or relating to this TOS (including its formation, performance or alleged
breach) or your use of the Web Site will be exclusively resolved under
confidential binding arbitration held in Phoenix, AZ before and in accordance
with the Rules of the American Arbitration Association. The arbitrator's award
will be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this TOS will be joined to an arbitration involving any other party subject
to this TOS, whether through class arbitration proceedings or otherwise.
Notwithstanding the foregoing, we will have the right to seek injunctive or
other equitable relief in state or federal court located in Minneapolis, MN to
enforce this TOS or prevent an infringement of a third party's rights. In the
event equitable relief is sought, each party hereby irrevocably submits to the
personal jurisdiction of such court.
15. Waiver
of Class Action Rights.
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY
RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS
ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
16. Limitation of Actions.
You acknowledge
and agree that, regardless of any statute or law to the contrary, any claim or
cause of action you may have arising out of, relating to, or connected with
your use of the Web Site, must be filed within one calendar year after such
claim or cause of action arises, or forever be barred.
17. Modification of Terms of Service.
We reserve the right to change or modify these Terms of Use at
any time and your continued use of this site will be conditioned upon the Terms
of Use in force at the time of your use. You can always check the most current
version of the Terms of Use at this page.
18.
Termination.
We will have the right to terminate your access to the Web Site
if we reasonably believe you have breached any of the terms and conditions of
this TOS. Following termination, you will not be permitted to use the Web Site
and we may, in our discretion, cancel any outstanding Product Orders. If your
access to the Web Site is terminated, we reserve the right to exercise whatever
means we deem necessary to prevent unauthorized access to the Web Site,
including, but not limited to, technological barriers, IP mapping, and direct
contact with your Internet Service Provider. This TOS will survive indefinitely
unless and until we choose to terminate it, regardless of whether any account
you open is terminated by you or us or if you have the right to access or use
the Web Site.
19. Integration.
This TOS contains the entire
understanding between you and us regarding the use of the Web Site, and
supersedes all prior and contemporaneous agreements and understandings between
you and us relating thereto.
20. Additional
Terms.
This TOS will be binding upon each party hereto and its
successors and permitted assigns, and governed by and construed in accordance
with the laws of the State of Delaware without regard for conflict of law
principles. This TOS and all of your rights and obligations under them may not
be assignable or transferable by you without our prior written consent. No
failure or delay by a party in exercising any right, power or privilege under
this TOS will operate as a waiver thereof, nor will any single or partial
exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, power, or privilege under
this TOS. You are an independent contractor, and no agency, partnership, joint
venture, or employee-employer relationship is intended or created by this TOS.
The invalidity or unenforceability of any provision of this TOS will not affect
the validity or enforceability of any other provision of this TOS, all of which
will remain in full force and effect.
Toll Free Customer Service
phone: 800-413-3505