TERMS OF SERVICE
Effective Date: August 23, 2022
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES, AND LIMITATIONS ON LIABILITY. Any new or additional features, tools, services, or content that are added to the Services will also be subject to these Terms.
The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age, or over the age of majority in the state or country where you are a resident or citizen.
- Additional Terms
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with such Services. You must agree to any applicable Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. If any Additional Term is inconsistent with the provisions of these Terms, the Additional Term will prevail for the specific Services to which it applies.
- User Accounts
Access to and use of certain functionalities of the Services may require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will create a user ID and password to access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
- Prohibited use
All information, materials, and other content available through the Services (collectively, the “Content”) is the sole and exclusive property of Max.1nk or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content, solely for your personal and internal business purposes. Except for the limited rights set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Services or Content. When using the Services, you must not:
- remove any proprietary notices on the Services or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services or Content;
- infringe, misappropriate, or violate the intellectual property, proprietary, or privacy rights of any third party;
- make any use of the Services or Content that violates any applicable local, state, national, international or foreign law;
- provide any content, data or information to Max.1nk that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
- fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution or other disclosure of the Services or Content;
- allow any individual to use any Account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Max.1nk for someone other than the individual identified in the account information;
- upload to the Services the personal information of others that you are not authorized to provide;
- use the Services or Content to develop applications, services, websites, or any other functionalities that leverage the Services or Content;
- communicate the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Services, or any part thereof;
- use the Services or Content in a way that suggests you are a representative of Max.1nk;
- circumvent the user authentication or security of the Services or any host, network, or account related thereto;
- interfere with or disrupt the proper functioning of the Services or Content, Max.1nk or any third party systems used to host the Services, or other equipment or networks used to provide the Services or Content; or
- cause damage to Max.1nk’s business, reputation, employees, members, facilities, or to any other person or legal entity.
Any scraping, automated access, or other unauthorized access to, and storage of, the Services or Content will result in immediate termination of your access to the Services, Content, or Account if applicable. Use of the Services or Content for any purpose other than what is permitted in these Terms is expressly prohibited.
- Our Sh*t (Ownership and Intellectual Property)
The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary rights laws. All title, ownership rights, and intellectual property rights in and to the Content and Services are owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Max.1nk used herein are trademarks or registered trademarks of Max.1nk, our affiliates, or our suppliers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in a manner that is likely to cause confusion among customers or users, or in any manner that disparages us, our affiliates, or our suppliers.
By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.
- LINKS TO OTHER WEBSITES AND SERVICES
The Services may contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of Max.1nk and Max.1nk is not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Max.1nk of the Linked Services or any association with the operators of the Linked Services. Max.1nk does not investigate, verify or monitor the Linked Services. Max.1nk provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
From time-to-time, Max.1nk may offer you the opportunity to participate in various promotions (collectively, “Promotions”). You may not transfer, assign, sell, trade or barter any premium, offer, prize, or other benefit you receive through a Promotion. ANY PREMIUM, OFFER, PRIZE, OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM MAX.1NK, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotions-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted, or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE MAX.1NK AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PREMIUM or prize THAT YOU MAY RECEIVE.
- DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE Services AND Content ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Max.1nk MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR CONTENT. THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES DOes NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. Max.1nk IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES WILL Max.1nk BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.
- LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Max.1nk OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (I) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR LOSS OF DATA, OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL Max.1nk’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED [THE total amount OF FEES paid by you to For Those Who, OR $5.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Governing Law; Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the state of Oregon, USA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You and Max.1nk each agree to exclusive jurisdiction and venue in the state and federal courts located in Oregon, USA. For any dispute or claim you may have arising out of or relating to the Services, Content, or these Terms, you and Max.1nk will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution before pursuing a claim. Notice to Max.1nk will be sent to the contact information provided in Section 19 (Contact Info). Max.1nk will notify you in writing at the email or mailing address that you provide to us in your notice to us or at any email or mailing address otherwise provided by you or made available to us. You and Max.1nk each agree to negotiate disputes and claims in good faith. Notwithstanding any provision to the contrary, if for any reason, any claim or cause of action, or any proceeding or other litigation of any type brought by a party against the other party, based upon, arising out of, or related to the Services, Content, or these Terms, whether with respect to contract claims, tort claims, or otherwise, proceeds in federal or state court, the parties hereby waive their respective rights to a trial by jury. This waiver applies to any subsequent amendments, renewals, supplements, or modifications to these Terms.
- CHANGES TO TERMS
These Terms may be revised or updated from time-to-time, in our sole discretion. All changes are effective immediately when we post them on the Services, and apply to all access to, and use of, the Services thereafter. Your continued use of the Services following the posting of any revised Terms constitutes your acceptance of the changes. We recommend that you review the Terms from time-to-time for any updates or changes that may impact you. If you do not agree to any revised Terms, you should discontinue your use of the Services.
Termination will not limit any of Max.1nk’s other rights or remedies. Sections 4 (Our Sh*t), Section 6 (User Feedback), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability and Exclusion of Certain Damages), Section 12 (The Law; A Friend is Nothing But a Known Enemy), Section 17 (Other Sh*t), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.
- INTERNATIONAL USE
Please be aware that we are headquartered in the United States and that the Services and Content are governed by United States law. If you are using the Services or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.
Max.1nk makes no representation that the Services or Content are appropriate or available for use in locations outside of the United States, and access to the Services or Content from territories where such Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of United States export laws and regulations.
If you use the Services or access the Content outside of the United States you, (i) consent to the transfer, storage, and processing of your information to and in the United States; (ii) will not access or use the Services or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (iii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Max.1nk or its affiliates to any registration requirement within such jurisdiction or country.
- Other Sh*t (GENERAL TERMS)
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Max.1nk intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Max.1nk agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. Max.1nk may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Max.1nk’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Max.1nk if it is in a written document signed by Max.1nk. Both you and Max.1nk warrant to each other that, in entering these Terms, neither Max.1nk nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Max.1nk, or Max.1nk’s successors and permitted assigns, will have any right to enforce any of these Terms.
- CONTACT INFO
If you have any questions, please contact Max.1nk at:
Email: [email protected]
For all international customers, please be aware that NOT ALL packages shipped internationally will make it through customs without a tariff. Therefore we want to clearly communicate that to you, the buyer is responsible for ALL DUTIES, TAXES, and FEES at the time of import. If the buyer is outside of the US and chooses USPS as their shipping provider, the package can only be tracked up until the point that it hits the border with customs. FTWS is not responsible for any lost, stolen or damaged packages once they leave our Los Angeles distributing center.
Max.1nk requires a 1-2 day processing time on all orders before shipment. 'Processing Time' does not factor into 'Shipping Time'. 'Processing Time' is the period between the customer placing the order to our team getting the order ready to ship. 'Shipping Time' is the period from when the order is shipped until the order arrives at our customers door.
Due to the exclusive nature and high demand, ALL SALES ARE FINAL for this merchandise. Please check your chosen product sizing, shipping address, and billing address that you are submitting is correct as it cannot be modified or changed. As orders cannot be modified, they can only be cancelled if there are critical errors in your order. Stock is not available for size corrections and/or exchanges.