| 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
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.
Thank You For Shopping At The Max Outlet
Mall! |