A. ACCEPTANCE OF THE TERMS OF SERVICE & ACCESS TO MAXFUNINC.COM
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
This Website is offered and available only to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Your access to this website may be suspended or terminated at any time.
These Terms of Service govern all interaction you have with Company and Maxfuninc.com, including any customer account and purchases.
C. MAXFUNINC.COM COOKIE AND EMAIL POLICY
A cookie is a small file written by a website and stored locally within the web browser or file system on your computer or mobile device. We use them to remember your language and currency settings, and to save your shopping cart items each time you visit maxfuninc.com in order to provide a more enjoyable shopping experience. We collect this information through various means, such as cookies, web beacons, and other similar technologies. When we refer to “cookies”, we mean all of these:
What Cookies Do We Use?
We use the following types of cookies on our site:
Strictly Necessary Cookies – These cookies are essential in order to carry out a transaction or request initiated by you. Examples include remembering information provided by you as you move through the site to and managing your logged-in status during the session. You cannot opt out of these cookies as the website cannot function properly without them.
Functional Cookies – These cookies allow the site to remember choices you have made in order to provide functionality for your benefit. For example, functional cookies allow the site to remember settings specific to you, such as your country selection and persistent logged-in state if selected by you, and other customized features.
Analytic Cookies – These cookies allow us to collect data relating to your use of our site, including the content on which you click while browsing on our sites, in order to measure the effectiveness and consumer interaction with the site and improve our site over time. These cookies may be provided by our third-party analytic tool provider but are only used for purposes related to our site.
Targeting Cookies – These cookies remember information regarding your use of our site and other sites so that we can serve promotional and other targeted information to you on our site.
Re-Targeting Cookies – These cookies remember information regarding your use of our site so that we can serve promotional and other targeted information to you on other sites.
How to Disable or Remove Cookies
1. AGREEMENT TO RECEIVE EMAIL FROM US
By registering for a MAXFUN account, you hereby agree to receive e-mail content from MAXFUN. Your email will never be shared with a third party and the ability to opt-out/unsubscribe is always available.
These restrictions do not apply to downloadable media or PR materials provided for use in the manner specified.
D. LINKS TO / FROM OTHER WEBSITES
Maxfun does not, by providing links to other websites, or by referring to any third-party information, practices or products of other parties, endorse those websites or products.
Any dealings or transactions arising from links found on this website are between you and the operator of the linked website. MAXFUN will not be liable for any loss or damages arising out of any dealings or transactions that may occur from use of third party website not controlled by Maxfun.
No linking to this website is permitted without prior written authorization from Maxfun.
The products offered through this website are representative of the Maxfun collection. MAXFUN products are protected by trademarks, service marks, patent(s) and/or copyright and other intellectual property protections and laws. Maxfun reserves the right to change, add to, or remove products for sale at any time in its sole discretion, and may change any design, color, or aspect of the products at any time, at our sole discretion.
Not all products shown on this website are available through all MAXFUN retailers, and MAXFUN INC bears no responsibility for how retailers conduct their business in selling MAXFUN products.
You may not distribute, resell or stock any MAXFUN products, unless specifically authorized under contract by MAXFUN to do so.
F. ONLINE CONTRACT INFORMATION
The European Union Directive 2000/31/CE on the subject of electronic commerce states that:
“Placing an order online implies that the client accepts to be engaged in a contract, and that the client unconditionally accepts the prices and descriptions of the items offered for sale, as well as all of the general sales conditions.”
Goods purchased from this website are supplied by Maxfun Inc.a company registered in the State of New York，USA，with with offices at 350 Northem Blvd,STE 324-1331,Albany,NY 12204.
Your placing of an order online represents an offer to purchase goods as indicated by you, but is not binding on us until you have been notified by email that an order is accepted. This means that if goods shown on this website are unavailable, incorrectly priced or otherwise incorrectly described, MAXFUN shall not be obliged to sell you those goods. A contract shall be deemed entered by both parties when you receive notification that MAXFUN has confirmed and accepted your order.
In addition to offering our products for sale via this website, our products are sold through select retailers worldwide. Prices on the website will generally reflect the prices offered through our retailers. However, prices on the website may differ to those of a retailer, due to: (i) special offers on the website or from retailers, (ii) individual retailer price strategies, (iii) currency fluctuation. As such, prices cannot be guaranteed and may be changed at our discretion.
Prices do not include, and MAXFUN shall not be responsible for, the cost of freight, insurance, or any required federal, state or local sales or other taxes, duties, export or custom charges, VAT charges, brokerage or other fees.
G. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
– Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
– You may store files that are automatically cached by your Web browser for display enhancement purposes.
– You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
– If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
– Modify copies of any materials from this site.
– Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
– Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any products or materials available through the Website.
1. COPYRIGHT NOTICE
All content on this website, including text, images, graphics, designs, products and source code are copyright © MAXFUN. All rights reserved.
The Company name, the Maxfun Inc logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
H. LIMITED WARRANTY ON PRODUCTS SOLD
ANY DESCRIPTION OF THE PRODUCTS ON THE MAXFUN WEBSITE , IS USED FOR THE SOLE PURPOSE OF IDENTIFYING THE SUBJECT PRODUCT, BUT IS NOT PART OF THE BASIS OF THE BARGAIN AND CONTRACT OF SALE, AND DOES NOT CONSTITUTE A WARRANTY THAT THE GOODS WILL CONFORM TO THAT DESCRIPTION.
Maxfun Inc (collectively the “Company”) expressly warrants to the original purchaser that, for a period of one (1) year from the date of purchase, the Maxfun product purchased (“Product”) will be reasonably free of defects in materials and workmanship, and that when properly handled, will conform, within accepted tolerances, to applicable specifications and use. This Limited Warranty only applies to Company’s Products which are used and maintained in the manner recommended by Company, and as set forth in the Product’s User Manual, which is included with every product we sell.
Company, after confirming any claimed defect will replace Product without charge, if the Product fails or does not perform as warranted solely due to a manufacturing defect within the warranty period, subject to the exclusions set forth in this Limited Warranty. Company shall not be responsible for the cost of returning Product to us, and Company shall not be responsible for any incidental damage to anything other than the product itself. During the entire one (1) year warranty, Company’s obligation as to replacement shall further be limited to replacement with a similar style or model, if the exact Product is no longer available at the time of replacement. Any replaced product shall also remain subject to the original one (1) year warranty from the date of the original purchase, and replacement shall not extend the original warranty period in any manner or start a new warranty period.
You may obtain coverage under this Limited Warranty by emailing Company at email@example.com, including your name and address, describing the issue, and including a copy of your proof of purchase from us or an authorized retailer. Once we receive via email a proof of purchase (copy of the receipt), we will provide instructions on getting Product back to us. We will not accept any return without proof of purchase.
This Limited Warranty is not transferable.
1. Disclaimer of Warranties on Products Sold
Products sold on Maxfuninc.com website are sold as Adult Novelty Products only. These products are not intended for medical use or therapeutic purposes, and have not been clinically tested. Prolonged and frequent use of this product is not advised. Maxfun bears no responsibility for any adverse effects caused by the product.
Products must be stored, handled, used and maintained in accordance with instructions provided by Company, and this Limited Warranty is conditioned upon compliance with all such instructions. If you do not have a copy of Company’s User Manual for Product, it is available from us by contacting us at firstname.lastname@example.org.
This Limited Warranty does not cover defects caused by:
– Non-compliance with Company’s User Manual and other instructions. Such failures include, but are not limited to, exposure to physical abuse, including, but not limited to use in any manner not described in the User Manual, chemical abuse (e.g. use of harsh cleansers and solvents), thermal abuse or shock (e.g. excessive heat or cold);
– Improper storage, installation, handling, use and/or fabrication of the Product;
– Damage not resulting from manufacturing defects that occur while the Product is in the customer’s possession;
– Unreasonable or unintended use of Product;
– Products used with known or visible manufacturing defects at the time of purchase;
– Minor conditions such as stains, scratches, color variations;
– Mere dissatisfaction with Product or its appearance.
Any information or suggestion by Company with respect to the Products concerning applications, specifications or compliance with codes and standards is provided solely for your convenient reference and are made without any representation as to accuracy or suitability.
The warranties set forth herein are the only warranties made by company in connection with the purchase and use of company's products. Company can not and does not make any implied or express warranties with respect to the product, and disclaims all other warranties, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Products sold by company are sold only to the specifications specifically set forth by company in writing. Other than the limited warranty set forth herein, company makes no other warranties, express or lmplied. Company's sole obligation under this warranty shall be replacement of non-conforming products,or at the option of company,return of the product and a replacement of the same or a similar product. Buyer assumes all risk whatsoever as to the result of the use of the products purchased, whether used singularly or in combination with any other products or substances.
2. Limitation of Liability on Products Sold
No claim by the buyer/owner of any kind, including claims for indemnification, shall be greater in amount than the purchase price of the Products in respect to which damages are claimed. In no event shall company be liable to buyer/owner in tort,contract or otherwise, for any special,indirect, incidental,consequential damages, including,but not limited to, lost profits, loss of use,lose of time, lose of revenues, inconvenience, loss business opportunities,damage to good will or reputation, or loss of data, even if advised of the possibility of such damages or such damages could have been reasonably foreseen, in connection with, arising out of, or as a result of, the sale,delivery, servicing,use or loss of use of the products sold hereunder, or for any liability of buyer to any third party with respect thereto.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify MAXFUN, its affiliates, directors, employees and shareholders from any and all claims, damages, losses and expenses that may arise from your use of the information or products on this website and/or the website itself unless otherwise prohibited by law.
Contact Information: Any question concerning this Limited Product Warranty should be addressed to Maxfun at email@example.com.
I. DISCLAIMER OF WARRANTIES AS TO WEBSITE
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
YOUR USE OF THE WEBSITE, ITS CONTENT AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
1. Limitation on Liability as to Website
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify MAXFUN, its affiliates, directors, employees and shareholders from any and all claims, damages, losses and expenses that may arise from your use of the information or products on this website and / or the website itself unless otherwise prohibited by law.
J. GOVERNING LAW AND JURISDICTION
K. CLAIMS AND DISPUTES, WAIVER OF JURY TRIAL, AND CLASS ACTIONS
THE FOLLOWING IS IMPORTANT. YOU ARE WAIVING CERTAIN RIGHTS. PLEASE READ CAREFULLY.
YOU ARE AGREEING TO WAIVE YOUR RIGHTS TO A JURY TRIAL.
YOU ARE ALSO AGREEING TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THIS WEBSITE, CONTENT OBTAINED FROM THIS WEBSITE, OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE.
NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Notwithstanding the foregoing, you expressly agree that a court of law in Albany, New York will determine who has jurisdiction to determine the arbitrability of any claim or dispute. In other words, the arbitrator is not vested with the power to determine his or her jurisdiction to decide the arbitrability of disputes arising out of these Terms of Service or use of the Website.
3. Limitation on Time to File Claims
L. WAIVER AND SEVERABILITY
M. ENTIRE AGREEMENT
N. CONTACT INFORMATION
This website is operated by Maxfun Inc，350 Northem Blvd,STE 324-1331，Albany,NY 12204.
All notices of copyright infringement claims should be sent to the attention of the Legal Department at the address above.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to：firstname.lastname@example.org.