MAX'S OUTLET MALL

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TERMS OF USE: The website is operated by Max Exchange Trust, 230 N Maple Ave, Suite B1-134, Marlton, NJ 08053. These Terms of Service apply to Max Exchange Trust/ MaxOutletMall.com and not to the content of third parties.

Acceptance of terms of use

These Terms and other applicable conditions and notices contained herein govern your use of the Max Outlet Mall  service and website. Your use of a particular Max Exchange Trust website included within the Max Outlet Mall area may also be subject to additional terms outlined elsewhere on those sites. By using, visiting, or browsing the Max Exchange Trust website(s), you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Max Outlet Mall service or website. Please note, return shipments sent to the address above will be refused. Please contact our customer support team for instructions before returning products.

These Terms of Use are an ongoing contract between you, the supplier and Max Exchange Trust and apply to your use of the Max Outlet Mall service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to terms of use

Max Exchange Trust reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the links that direct you to the Terms on the Max Outlet Mall website. The most current version of the Terms will supersede all previous versions. Your use of the Max Outlet Mall website or continued use of our service after changes are made means that you agree to be bound by such changes.

Prices

We reserve the right to change prices at any time. Due to possible information misrepresentations, we may correct typographical and printing errors related to prices at any time. Customers should be aware that product prices can and do fluctuate as a result of a supplier changing their wholesale pricing. Max Exchange Trust has no control over any supplier's pricing, shipping and handling charge policies and therefore cannot guarantee any item will remain any particular price for any period of time.

Electronic communications

By using the Max Outlet Mall service, you consent to receiving electronic, phone, and mail communications from Max Outlet Mall. These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service. These communications are part of your relationship with Max Outlet Mall and you are entitled to receive them. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Service testing

From time to time, we test various aspects of our service, and we reserve the right to include you in these tests without notice.

Use of information submitted

Max Outlet Mall is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to Max Outlet Mall, including, without limitation, responses to questionnaires or through postings to the Max Outlet Mall website without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Max Outlet Mall website or other websites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

Intellectual property

  • Copyright

    All content included on the Max Outlet Mall website and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Max Exchange Trust., or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Max Exchange Trust, and protected by U.S. and international copyright laws. Content should not be reproduced or used without express written permission from Max Exchange Trust/Max Outlet Mall, or its suppliers. Max Exchange Trust reserves the right to terminate your use hereunder if Max Exchange Trust, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content.
     
  • Trademarks

    All trademarks not owned by Max Exchange Trust that appear on the MaxOutletMall .com website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Max Exchange Trust. Any images of persons or personalities contained on the Max Outlet Mall website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Account access & identity protection.

In order to provide you with ease of access to your account, Max Exchange Trust will place a cookie (a small text file) on any computer from which you access the Max Outlet Mall website. When you revisit the Max Outlet Mall website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities. Users of public or shared computers should log out at the completion of each visit to the Max Outlet Mall website.

If you find that you're a victim of identity theft and it involves a Max Outlet Mall account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. Max Outlet Mall reserves the right to place any account on hold anytime with or without notification to the buyer in order to protect itself and its partners from what it believes to be fraudulent activity.

Payment obligations

The Purchaser understands that a valid form of payment must accompany all orders.

Warranty

All warranties for products purchased through Max Outlet Mall are the responsibility of the respective manufacturers, suppliers and their agents. All issues, claims and questions concerning product warranties should be submitted directly to the manufacturers. In the event that the product is a health related device or nutritional supplement, all information contained on the website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. The information on the Max Outlet Mall website, or information provided by the manufacturers of the products, or information on product packaging or labels is not meant to be a substitute for the advice of a physician or other medical professional and should not be used for prescribing a medication or diagnosing a health problem. Statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Copyrights

Max Exchange Trust and its supplier and distribution partners reserve ownership and copyright to all materials published by Max Outlet Mall. Reproductions and alterations of individual product images and descriptions may be used for marketing & reselling purposes. You must receive written consent from Max Outlet Mall for any other use or any modification of product images and other copyrighted materials. Max Outlet Mall allows its Customers to resell the products we have from our suppliers.

Products

Max Outlet Mall diligently strives to provide as accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, Max Outlet Mall makes no warranty expressed or implied with respect to accuracy of the information, including price, product descriptions or product specifications. Both the product and manufacturer names are used only for the purpose of identification. Customers are responsible for making sure the product information is correct prior to purchasing any products from this site with the product's respective Manufacturers. The Max Outlet Mall  reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the any product  with or without notice. You agree that The Max Exchange Trust/ Max Outlet Mall shall not be liable to you or to any third party for any modification, suspension or discontinuance of the product(s).

Data

Max Outlet Mall diligently strives to provide as accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, Max Outlet Mall makes no warranty expressed or implied with respect to accuracy of the information, including price, product descriptions or product specifications.

Reselling

Manufacturer may require strict adherence and how their intellectual property is advertised. As such, some products may only be advertised at a Minimum Advertised Price (referred to herein as MAP). For all products under a MAP agreement, we will provide two prices: the wholesale cost and MAP. As a reseller, you agree to never advertise any products protected by a MAP agreement to end consumers for less than the MAP price. Products with a MAP will be clearly marked with an asterisk. Under no circumstances shall Max Outlet Mall or any other party involved in creating, distributing, or supplying products for Max Exchange Trust be liable for any direct, indirect, incidental, special, or consequential damages that result from, products purchased from Max Outlet Mall. It is the reseller's responsibility to verify with the manufacturer, any product information, images and descriptions prior to marketing any and all products. Product images are subject to change at anytime and are not to be construed as exact representations of any products ordered since the manufacturers can change their products at any time without any notice.

Customers are not allowed to repackage, reproduce, or otherwise resell Max Outlet Mall technology, and/or data without express written consent from Max Exchange Trust. Also, bulk downloading or "screenscraping" of data from the Max Outlet Mall website or subsidiary websites is prohibited without prior express written permission. Violation will result in the account being canceled and depending on the severity of the violation, we reserve the right to press criminal charges and/or seek civil compensation for damages, expenses, and revenues lost.

Contacting Max Outlet Mall Suppliers

Max Outlet Mall provides access to information about suppliers including but not limited to, trade name, brand(s, and product specifications, pricing and availability. Max Outlet Mall agreement with the supplier may restrict Max Outlet Mall customers members from contacting the supplier directly. Max Outlet Mall will make every attempt, within reason, to accommodate a member request for additional products, pricing, or services for a supplier on behalf of the member.

Shipping and handling

Max Outlet Mall and its distributors/suppliers reserve the right to restrict shipments to within the Continental U.S., Alaska, and Hawaii. All orders must be placed with a residential ship-to address. Orders with P.O. Box, APO, or FPO shipping addresses will not be processed. Any orders with shipping addresses outside the Continental U.S., Alaska, and Hawaii will not be processed. Individual suppliers may have additional shipping restrictions. However, in no way does the absence of a specific shipping policy by a supplier imply that the supplier offers any of the above mentioned services.


Shipping and handling charges

You are responsible to pay the shipping and handling charges for all products purchased from Max Outlet Mall. You are responsible for these charges for shipments that are refused or returned for any reason. We are not responsible for incidental or consequential damages or losses to defective products, errors in shipping your order, or other errors. The limit of our liability is the replacement cost of any item you purchase from us. ANY ODD SIZED OR EXCESSIVE WEIGHTED ITEMS MAY REQUIRE A CUSTOM SHIPPING COST CALCULATION FROM Max Outlet Mall. ON THESE OCCASIONS, THE ORDERS WILL NOT SHIP UNTIL YOU HAVE APPROVED THE CUSTOM SHIPPING COST. Depending on information provided by the supplier, Max Outlet Mall may publish the shipping weights of items. The publication, or absence of, shipping weights can not be used to determine ship cost and/or your financial obligation. The 'Ship Cost' provided on every product page and in the shopping cart should solely be used for determining the ship cost.


Order placement

Max Outlet Mall is not responsible for loss, or damages as a result of misplaced, mis-ordered or other typographical errors that occur during order placement. The customer has sole responsibility for verifying the accuracy of the order, including actual item, pricing, shipping, and/or handling, prior to order submission. Order placement means (single, batch or API) does not change buyers responsibility and subsequent financial responsibility.

Order changes

Once an order is placed, it cannot be changed in any way. However, under certain circumstances, orders can be canceled and/or modified. If the Customer contacts Max Outlet Mall customer service department using the online form as soon as possible with a change request, it may be occasionally possible to amend the order. Max Outlet Mall is not responsible for any loss, or damages that are a result of a change request occurring after the order has been placed.

Order returns

Each one of Max Outlet Mall suppliers has a different return policy. Buyers are responsible for becoming familiar with and abiding by the policies and procedures of each supplier for returning products ordered. Failure to do so may result in a rejected return. Individual supplier policies can be viewed by clicking the individual "Suppliers Return Policies" links. Any additional fees from UPS (ie refused packages, returns without an RMA, undeliverable packages, etc) will be deducted from the refund to our customers.

Taxes

As a customer of Max Outlet Mall, you understand that you are absolutely independent entity from Max Outlet Mall. You are responsible to pay taxes to state, federal or local authorities in accordance with any and all applicable laws. This tax responsibility includes collecting and remitting all appropriate sales taxes to state and local authorities.

Age

The visitor/member, by signing the Sign up Form, hereby represents that they are of the legal age of the state in which they reside.

Products sales & venue disclaimer

Although all the suppliers Max Outlet Mall works with are authorized distributors of the products they sell, and Max Outlet Mall is authorized to act as a venue to supply said products, this does indicate that all items are suitable for resale under any particular circumstance or venue. Max Outlet Mall acts only as a venue to provide access to wholesale product distributors.

It is the re-seller's responsibility to ascertain any particular product's suitability for sale in any given venue that the customer chooses to sell through, whether this is through a "brick & mortar" store, an online store, online auctions, or any other venue. Customers are responsible to discover and comply with any specific manufacturer policies or MAP (minimum advertised price) restrictions.

It is also the re-seller's responsibility as a businessperson to ascertain the legal implications of selling items that may be prohibited, by law or otherwise, in certain regions or venues.

Please note, some items which are prohibited are not necessarily against the law to sell, but are simply items that eBay has decided to prohibit based on their own decision. Max Outlet Mall has no control over what is and isn't legal in any venue or region and is not responsible for the sale of any product through our services.

Legal recourse

You and Max Outlet Mall agree that the Mediation By Laws Of The Max Exchange Trust For Arbitration (copy available upon request) laws of the State of  NJ and Burlington County shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and Max Outlet Mall relating in any way to the Max Outlet Mall service or website or these Terms. You and Max Outlet Mall expressly and irrevocably consent to personal jurisdiction and venue in according to these By Laws. The non-prevailing party shall pay all attorney's fees and court costs.

Limitations on use

You must be 21 years of age or older to make purchases on the Max Outlet Mall. While individuals under the age of 21 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified we grant you a limited license to access the Max Outlet Mall website. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Max Outlet Mall website without our express written consent. Any unauthorized use of the Max Outlet Mall website or its contents will terminate the limited license granted by us.

Confidentiality

Customer/Reseller understands that all information provided by Max Outlet Mall is confidential and proprietary to Max Outlet Mall and must be used by reseller according to the terms of this agreement. Reseller agrees to not provide any confidential or proprietary information received from Max Outlet Mall to any business entity that may compete with Max Outlet Mall. Any violation of confidentiality is grounds for immediate termination.

Amendments

Max Outlet Mall reserves the right to make amendments to this agreement at any time. Amendments may be the result of changes in economic, legal, or other factors that affect the business of Max Outlet Mall.

Payment

All payment shall be made via credit card payment, U.S. Verified Pay Pal payment, or wire transfer for product orders. Max Outlet Mall reserves the right to restrict payment to wire transfer for orders over $2,000 dollars or any other order deemed to have high fraud risk. All product payment shall be made via major credit cards backed by U.S. banks only. Max Outlet Mall will accept no other payment form than those here listed.

Severability

If one or more of the provisions of the policies and procedures in this user agreement are deemed void by law in a court of competent jurisdiction, the balance of the policies and procedures' remaining provisions, or any provision in the Max Outlet Mall agreement, shall continue in full force and effect.

Website information & Amendments.

While www.MaxOutletMall.com (hereafter the "Website") and all of its dependent pages contain far too much information to be quoted in their entirety in these Terms and Conditions, the customer is responsible for reading and understanding all information contained on the Website. Max Outlet Mall is not responsible for any inconvenience, loss of profit, or other complication that the customer, his or her business, or his or her customers may experience as a result of the Customer's failure to read and understand all information on the Website. Furthermore, it is the responsibility of the Customer to contact and question Max Outlet Mall's customer service representatives regarding any portion of the Website that they have read but do not understand. The Customer, for example, is responsible for all information contained in the website as well as all information that is accessible by following links found on the following pages: Site Map

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Revised: 09/30/08