Site Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE:
Welcome to MaxandZoey.com, where we and our affiliates provide you information, goods and services subject to the following terms and conditions. If you at any time visit, download information or shop at MaxandZoey.com (hereinafter referred to as “Site”), you accept these terms and conditions for use of the Site. Please read them carefully.
By using this website located at MaxandZoey.com ("Site"), you signify your Agreement to all terms, conditions and notices contained or referenced herein. If you do not agree with fthe terms and conditions of using this Site Use Agreement (also hereinafter referred to as the “Agreement”), please do not use this site. We reserve the right to, as determined in our sole discretion, to update or revise any terms or conditions of this Agreement at anytime. Please check the Site Use Agreement periodically for changes.
When you use this Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer to third party users. You agree to accept responsibility for all activities that occur under your account or password. MaxandZoey.com sells goods and services to adults who can purchase with a credit card or by other similar means. If you are under 18 years of age, you may use the Site only with involvement and consent of a parent or guardian. MaxandZoey.com and its affiliates reserve the right to at any time refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
When you visit the MaxandZoey.com Site, or send e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically or by other means. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us, without limitation.
LICENSE AND SITE ACCESS
Use of the Site grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of MaxandZoey.com. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MaxandZoey.com. Further, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing the MaxandZoey.com name or derivative names or marks, without the express written consent of MaxandZoey.com Further, any unauthorized Site use terminates the permission or license granted by MaxandZoey.com.
You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to MaxandZoey.com, so long as the link does not portray MaxandZoey.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MaxandZoey.com logo or other proprietary graphic or trademark as part of the link or any part of a web page without our express written permission.
RESTRICTIONS ON USE OF MATERIALS
No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of MaxandZoey.com copyright, as well as other proprietary trademarks, service marks and contractual rights. The use of any such material on any other website or networked computer environment is prohibited. Except as otherwise indicated on this Site and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to MaxandZoey.com.
In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you, as an authorized user, under this Site Use Agreement. MaxandZoey.com reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. MaxandZoey.com retains full and complete title to the Software, and all intellectual property rights therein to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable form, without the exclusive written permission of MaxandZoey.com, as evidenced by the signature authority of a duly authorized corporate officer.
REVIEWS, RATING, TESTIMONIALS AND OTHER COMMUNICATIONS
Site visitors may post product reviews, comments, testimonials, and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MaxandZoey.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MaxandZoey.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Further, you grant MaxandZoey.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose, and you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MaxandZoey.com, or its affiliates, for all claims and costs resulting from content you supply. MaxandZoey.com has the right, but not the obligation, to monitor and edit or remove any activity or content, and takes no responsibility and assumes no liability for any content posted by you or any third party.
MaxandZoey.com and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by MaxandZoey.com itself is not as described, your sole remedy is to return it and its packaging in unused condition.
DISCLAIMER AND LIMITATION OF LIABILITY
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SIZE BAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF USE FOR A PARTICULAR PURPOSE. MaxandZoey.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MaxandZoey.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, (NOT If you do post content or submit material, and unless we indicate otherwise, you grant MaxandZoey.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Further, you grant MaxandZoey.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose, and you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Maxandzoey.com, or its affiliates, for all claims and costs resulting from content you supply. Maxandzoey.com has the right, but not the obligation, to monitor and edit or remove any activity or content, and takes no responsibility and assumes no liability for any content posted by you or any third party.) WILL ASSUME THE ENTIRE COST OF ALL RESULTING NECESSARY SERVICING, REPAIR, OR CORRECTION, IF ANY. APPLICABLE LAW MAY OR MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, HOWEVER, ALL REMAINING EXCLUSIONS OR PROVISIONS IN THIS AGREEMENT WILL REMAIN UNALTERED.
LIMITATION OF LIABILITY
In no event will Maxandzoey.com be liable to any party, for any direct, indirect, special, incidental or consequential damages for any losses associated with use of the Site, the products sold thereby, or the textual information, images, data, files, software or materials found within, including, without limitation, any lost profits, business interruption, loss of programs or other data, even if Maxandzoey.com is expressly advised of the possibility of such damages.
RISK OF LOSS
All items purchased from or through the Maxandzoey.com web site, or related communication venues, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. To the extent you receive goods or services from Maxandzoey.com, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, Maxandzoey.com, in sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, until such time all principal amounts and interest have been paid in full. Irrespective of any all affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from Maxandzoey.com, of whatever kind or nature.
PROHIBITED USES OF SITE
Commercial Pets Dealers, including Competitors, Distributors, Wholesalers, Manufacturers, together with their respective Officers, Directors, Employees, Agents, Successors and Assigns, (hereinafter referred to as "Commercial Entities"), are prohibited from using the Site for any purpose, including, but not limited to, accessing or purchasing goods or services resulting from use of the Site. Commercial Entities improperly utilizing this Site as set forth in this Agreement in any manner, shall, without limitation, indemnify and hold Maxandzoey.com, and its affiliated entities, harmless for any and all losses or damages sustained by Maxandzoey.com, including losses or damages of whatever kind or nature, such as actual attorney fees, damages, fees and court costs, resulting from any use of any information, photos, images, data, pages, goods or services obtained through the use of our web Site or its product sales. Any Commercial Entities who falsely represent themselves as "consumers" or " customers" or other similar misrepresentations, wrongfully using the Site or undertaking the purchase of goods or services offered through the Site through any means whatsoever, including, but not limited to, purchases effected by email, instant message, facsimile, purchase order, telephone, e-commerce or any other means whatsoever, or, who undertake any act, intended or unintended, to in any way initiate, construe, allege, claim or represent any claimed violation of third party manufacturer sales distribution agreements to any party, either in oral or written form, shall result in consequential losses and damages, or loss of business opportunity to Maxandzoey.com, shall be held legally responsible for any and all resulting losses or consequential damages sustained by Maxandzoey.com, or its affiliates. It is explicitly understood that Maxandzoey.com hereby reserves right to seek and obtain immediate temporary or injunctive relief orders against any Commercial Entities through a Court of Competent jurisdiction, without imposition of bond, at any time. Maxandzoey.com further reserves right to seek any appropriate additional consequential damages sustained through the prohibited use of the Site, any alleged act constituting tortuous business interference, or any other contractual breach, deemed to in any way harm MaxandZoey.com ability to sell any goods or services, in accordance with preponderance of evidence presented for a judicial determination by a Court of competent jurisdiction, as set forth in this Agreement.
Any consumer related dispute relating in any way to your visit to Maxandzoey.com, or to goods or services purchased through Maxandzoey.com, shall be submitted to confidential arbitration in the judicial venue within or nearest to Los angeles, California, except that, to the extent you have in any manner violated or threatened to violate the contractual provisions of Site use and/or Maxandzoey.com's domain names, service marks, trademarks, copyrights, or other similar intellectual property rights, Maxandzoey.com reserves its right to seek injunctive or other appropriate relief, without imposition of bond, in any state or federal court(s) as set forth herein, and you hereby consent to exclusive jurisdiction and venue in such Courts. In the event Maxandzoey.com elects adjudication by Arbitration under this Agreement, such Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction as provided for herein. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Pending arbitration proceedings or disputes shall in no way negate any obligation to remit payment to Maxandzoey.com.
By visiting Maxandzoey.com, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Site Use Agreement and the its related Terms and Conditions of Use, and that any applicable dispute of any sort that might arise between you and Maxandzoey.com or its affiliates. If any Site Use Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable, and shall not affect the validity and enforceability of any remaining condition
Maxandzoey.com controls the Site from its offices in Los Angeles, California, United States of America. You further agree that any legal action, proceeding or other matters relating to your access to or use of the site or its materials shall be governed by U.S. federal law or the laws of the State of California. In the event of any applicable legal action arising hereunder, you also agree to submit the jurisdiction and venue of any Arbitration forum, Federal or State courts in the Los Angeles area, as applicable under this Agreement.
Thank you for shopping with Maxandzoey.com!
Safe Shopping Guarantee
When you shop at Maxandzoey.com, we guarantee that your credit card information will always be safe and secure. Our Safe Shopping Guarantee means that you'll never have to pay any money related to unauthorized charges to your credit card account, if those charges result from your online transactions with us. How? This is because strict security precautions are employed to make your transaction safe, including the use of a Secure Socket Layer (SSL) encryption technology. SSL encryption insures that any information you enter while you're using the secure server is encrypted before being transmitted, so it is virtually impossible for an outside party to access or intercept your information. You're always protected when you shop at Maxandzoey.com.
We’re so confident of our security that we financially guarantee that your credit card information will be safe when you place an order at Maxandzoey.com. Our Safe Shopping Guarantee means that you'll never have to pay any money related for unauthorized charges to your credit card account, if those charges result from a transaction at Maxandzoey.com.
Here's how the guarantee works: If you're ever a victim of credit card fraud, the Fair Credit Act specifies that your credit card company can hold you liable for no more than $50 in fraudulent charges to your account. With the Maxandzoey.com Secure Order Guarantee, you'll be reimbursed for any amount up to $50 billed to you by your credit card company for unauthorized charges to your account, if those charges are proven to result from an order you've placed at Maxandzoey.com. If you ever believe there’s an instance where you’ll need to use your Safe Shopping Guarantee, promptly notify your credit card company of any fraudulent charges, (following the procedures outlined in your credit card agreement), with a confirming letter to sales@Maxandzoey.com. We’ll do the rest!
Thank you for shopping with Maxandzoey.com.