Terms and Conditions of Service
The Terms and Conditions of Service defined here and from herein referenced to as “Agreement” are a legal agreement between you herein referenced to as “You”, Your”, “Member” or “Customer” and Maxim Hygiene Products, Inc., herein referenced to as “We”, “Maxim” or “Maxim Hygiene”, the owner and operator of this website herein referenced to as the “Site” and existing at the following URL: www.maximhy.com
This Agreement states the terms and conditions that govern Your use of the Site and the products and subscriptions sold on it, herein referenced to as “Products,” “Bundles,” “Subscriptions,” or “Services.”Bundles and Subscriptions are a term used interchangeably to refer to the same service. By accessing and using this Site you are accepting and agreeing to comply with this Agreement. If you do not agree to all the terms and conditions stated herein within this Agreement, then you may not access the site or use the content or any Services on this Site.
As a user of the materials and the information on this Site, you shall be liable for your use, furnishing, disclosure, publication, or revelation, in any way, of the materials and you shall hold Maxim harmless from any damages, litigation, liability or claimed liability, claims, and any expenses including legal expenses incident thereto resulting from any such use, furnishing, disclosure, publication, or revelation of the materials by you.
General Terms and Warranties
Your use of the Site and anything associated with it is entirely at your own discretion and risk. You are assuming total responsibility for your use of the Site and anything associated with it.
While Maxim uses reasonable efforts to include accurate and up-to-date information on the Site, Maxim makes no warranties or representations as to its accuracy. Maxim assumes no liability or responsibility for any errors or omissions in the content of the Site. Some of the materials contained in this website, including but not limited to the information contained in such materials, may be intended to serve as a guide and basis for general comparisons and evaluations, but not as the sole basis upon which any specific conduct is to be recommended or undertaken. The contents of this Site are for informational purposes only, and are not intended as medical advice. For medical care and advice, you should consult your physician or health care provider on a regular basis. If you have any problem which concerns you, consult your physician immediately.
Maxim will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of Maxim to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. This Agreement is only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Maxim Party shall be a third party beneficiary hereunder.
Maxim may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, Maxim’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Subscriptions shall survive such termination.
Although Maxim may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Maxim is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Maxim will fully cooperate with any law enforcement authorities or court order requesting or directing Maxim to disclose the identity of anyone posting any such information or materials.
Postings to this Site and electronic mail delivered to Maxim are not confidential and Maxim shall not be liable for any use or disclosure thereof. All communications and any attached files you send to this site or to Maxim by electronic mail may be used by Maxim for any purpose whatsoever, commercial or otherwise, without compensation.
Changes to the Site
Maxim reserves the right, at its sole discretion, to modify or replace any part of this Agreement without any prior written notification. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
By accessing this Site including its content, applications, and Services, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Maxim if your child breaches or disaffirms any term or condition of this Agreement.
Privacy and Personal Information
Terms of Sale of Services
Maxim sells tampons, sanitary pads, panty liners, cosmetic accessories and other products, Subscriptions and Services from the Site to end-user customers who purchase the Products only for their own personal, non-commercial use. Bundles and Subscriptions are a term used interchangeably to refer to the same service. Subscriptions is defined as an auto ship purchase program where the Customer elects to automatically be shipped Product on a monthly basis starting from the date of their first purchase. So, for example if customer places an order for a subscription starting on January 1st, 2016, they will be billed on the 1st of the month for each following month. Subscriptions can be cancelled at any time with at least three days prior to the date of the next autoship cyle date. You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscriptions and all rights and privileges conferred are personal and non-transferable. If you’d like to change the date of your bundle, you must first cancel your current subscription by logging in to your account and then sign up for a new one with the new preferred monthly cycle date.
Pricing for Products and Subscriptions (including any applicable shipping and handling fees) can be found on Maxim’s then-current pricing page located on the Site. The price that we will charge you for the Products and Subscriptions will be the price as posted on the Site on the date you place your order. Maxim reserves the right to change prices for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
If you are dissatisfied with the Product or Subscription for any reason, Maxim will refund the amount paid for your most recent purchase. Refund requests must be made directly to Maxim at email@example.com. All refund requests must be made within thirty (30) days of the date of shipment by Maxim. Maxim is not liable for products that are damaged or lost in transit to Maxim. Maxim will not provide refunds for any product packs that have been opened or used. The product must be in its original sealed and saleable form for a refund.
Within 5 – 7 days of receiving your request, Maxim will credit the amount paid for the returned product to the credit card you used to make the original purchase.
Maxim will not provide a refund for a request that is received by Maxim more than thirty (30) days after the date of original shipment. Maxim also does not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
If you are using a paid version of the Service and Maxim terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect
You may cancel your Subscription or Products with no cancellation fees. In the event that you cancel your Subscriptions or Products after an order has already been processed you will be charged for that order. Otherwise, your Subscriptions shall cease immediately after filing your cancellation request, and you shall not incur any further charges.
To cancel your Subscription or Products please login to your account and follow the cancellation instructions provided therein.
Maxim accepts credit card and Paypal payments only. You agree to pay all fees charged to your account based on Maxim’s fees, charges, and billing terms in effect as shown on the payment page you first sign-up for a Subscriptions to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Subscriptions based on the address that you provide as the shipping address when you register for a Subscription, and you authorize Maxim or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card or Paypal in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Maxim reserves the right to either suspend or terminate your account and Subscriptions and terminate these Terms of Service. All sales and payments will be in US Dollars.
For those Customers purchasing a Subscription, Maxim will automatically renew your Subscription every thirty days starting with your first order date and, as authorized by You during the Subscription sign-up process, will charge your credit card with the applicable Subscriptions fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Subscriptions fee payments. Each Subscriptions renewal period is every thirty days.
Subscription shipments will ship on a monthly cycle starting from the first date the Subscription was purchased. So, for example if customer places an order for a subscription starting on January 1st, 2016, they will be billed on the 1st of the month for each following month. Subscriptions can be cancelled at any time with at least three days prior to the date of the next autoship cyle date. All other Products or Services are shipped and processed within two business days.
All shipments are sent via UPS, FedEx or USPS and according to the carrier and shipping method chosen by you during the checkout and order fulfillment process.
Maxim and Maxim Hygiene is a trademark of Maxim Hygiene Products, Inc. in the United States. You hereby acknowledge and agree that any and all legal right, title and interest in the content included but not limited to copy, site design, graphics, icons and images found on the Site belongs to Maxim or its licensors, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Other trademarks, names and logos on this Site are the property of their respective owners.
All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
You agree that if you submit content on the Site or otherwise through the Service, you hereby do and shall grant Maxim a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content in connection with the site, the service and Maxim’s business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the site and/or the service a non-exclusive license to access your content through the site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content in connection with their use of the site and service
Third Party Sites and Links
You agree to indemnify, defend, and hold harmless Maxim, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Limitation of Liability
Under any and all circumstances, Maxim’s maximum liability is limited to $100.00. MAXIM shall not be liable under any circumstances for a claim or action in contract, tort, indemnity or contribution or other claims relating to the products it sells which exceeds the liability amount of $100.00. Maxim shall not be liable for third party claims for damages against the customer or for malfunction, delays, loss of business loss or damage to exemplary damages, whether or not MAXIM has been made aware of the possibility of such claims or damages.
Maxim makes no representation that the operation of its Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at any time. The information, content and services on the site are provided on an "as is" basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
The products referred to in this Site are available in the United States and may not be available in your country. This Site is controlled and operated by Maxim Hygiene Products, Inc. from the United States. Maxim makes no representation that the information and materials in this Site, including without limitation the information, performance claims and other materials promoting the products identified herein, are applicable or available for use in other countries. Also, some software from this Site may be subject to export controls imposed by the United States Government and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has placed an embargo. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New YorkState.
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Maxim if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
Use of Site; Prohibitions
Subject to your compliance with this Agreement, Maxim hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of MAXIM or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
Maxim Hygiene Products, Inc.
121 East Jericho Turnpike
Mineola, NY 11501