Terms & Conditions
I. GENERAL
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
By posting submissions, uploading files, inputting data,
entering or participating in sweepstakes, contests or promotions,
or engaging in any other form of communication (collectively,
"Communications") with, to, or regarding the Site, you hereby grant
to MAXXIS a perpetual, worldwide, irrevocable, unrestricted,
nonexclusive, royalty-free right and license to use, copy, display,
license, sublicense, adapt, distribute, publicly perform, transmit,
modify, edit and otherwise exploit such Communications, in all
media now known or hereafter developed. You hereby waive any claim
against MAXXIS for any alleged or actual infringements of any
proprietary rights, rights of privacy or publicity, moral rights,
or rights of attribution in connection with any such
Communications. Notwithstanding the foregoing, user personal and
transaction information shall be maintained in confidence in
accordance with the provisions of the MAXXIS privacy policy.
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
MAXXIS may send email and other communications to you for the
purpose of advising you of changes or additions to this Site, about
any MAXXIS products or services, or about any other matters in the
sole discretion of MAXXIS. Such communications are subject to the
terms of our privacy policy. If you do not want to receive email or
other communications from us, click here to contact us.
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
Many MAXXIS products displayed on this Site are available in
select retail stores in the United Kingdom. The prices displayed on
the Site are quoted in Pounds Sterling, do not include sales taxes
(where applicable) and are valid and effective only in the United
Kingdom. You agree to carefully review the MAXXIS Privacy Policy
and eStore Policy prior to making any purchases through the Site,
and thereafter to abide by all of the terms and conditions stated
therein.
VIII. DISCLAIMERS
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
£500.
X. INDEMNIFICATION
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.
XI. PRIVACY POLICY
Please review MAXXIS' privacy policy for information on MAXXIS'
privacy practices with respect to the Site.
XII. MISCELLANEOUS
This Site is controlled and operated by MAXXIS from its offices
in Felixstowe, Suffolk. This Agreement shall be construed in
accordance with the laws of the United Kingdom of Great Britain and
Northern Ireland, without regard to any conflict of laws
provisions. Any dispute arising under this Agreement shall be
resolved exclusively by the courts of the United Kingdom. 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.