Max & John Website Terms and Conditions
Welcome to the Max & John website (“Website”). Please review the following terms that govern your use of and purchase of products from our Website. Please note that if you (“User”) make use of our Website this constitutes your agreement to follow and be bound by the terms (the “Agreement”).
We may occasionally change the terms that govern the use of our Website. Your use of our Website following any such change constitutes your agreement to follow and be bound by the terms as they have changed. Max & John, LLC (“Company”) may change, move or delete portions of, or add to our Website from time to time.
Intellectual Property
Unless specifically noted, all materials, including images, illustrations, designs, photographs, videos, and written and other materials that appear as part of this Website (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by the Company.
The Website as a whole is protected by copyright and trade dress. All worldwide rights, title, and interests are reserved. MAX & JOHN and MAXANDJOHN.COM trademarks appearing at this Website, are trademarks of the Company. The Contents of our site, and the Website as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from our site) use by the users of our Website.
User may download or copy the Contents and other downloadable materials displayed on the Website for personal use only. No right, title or interest in any downloaded software or materials is transferred to the User as a result of any downloading or copying. Except as noted above, User may not publish, reproduce, distribute, transmit, modify, display, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software.
User Comments, Feedback, and Other Submissions
User feedback on the Website is welcomed and invited. All suggestions, comments, feedback, ideas, and other submissions submitted, disclosed, or offered to Max & John, LLC on or by this Website or otherwise disclosed, submitted or offered in connection with the use of this Website (collectively, “Comments”) shall be and remain the Company’s property. Such disclosure, submission or offer of any comments shall constitute an assignment to the Company of all worldwide rights, title and interests in all copyrights and other intellectual property in the Comments. The Company will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be under no obligation (1) to maintain Comments in confidence; (2) to pay in any way for any Comments; or (3) to respond to the User Comments. User represents that no Comments submitted to the Website will violate any right of any third party, including privacy, trademark, copyright, or other personal or proprietary right(s). User further represents that no Comments submitted to the Website will be libelous or will contain libelous or otherwise unlawful, abusive or obscene material. User is and shall remain solely responsible for the content of any Comments made.
Product Availability & Pricing
All products displayed at the Website are available through maxandjohn.com. In some cases, products displayed for sale at the Website may not be available in all sizes, colors or other options, including when the merchandise has been marked down. Product availability, styles, promotions, and prices may vary. The prices displayed at maxandjohn.com are quoted in U.S. Dollars and can only be paid in U.S. Dollars.
The Company releases new products and modifies existing products from time to time. On the Website, the “Price” refers to the regular price of the product. From time to time, prices on our Website are reduced and User will see a “Sales Price.” The “Sales Price” prices on our Website are subject to change over time, or be combined with other promotions, if permitted by the terms of those other promotions.
In the event that a product is listed on the Website at an incorrect price due to an error in pricing information received from our suppliers or a typographical error, the Company reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. The Company reserves the right to cancel or refuse any of these orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company shall immediately issue a credit to your credit card account in the total amount of the incorrect price.
Product Display
We have made every effort to display as accurately as possible the colors and other visual attributes of the products that appear on the Website. But since the actual colors you see will depend on your computer hardware and display, the Company cannot guarantee that your monitor’s display of any color or texture or other detail of actual merchandise will be accurate.
Limits on Purchases
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we reserve the right to limit purchases to five (5) items per type and style. We also reserve the right to cancel multiple orders of merchandise purchased in violation of this policy. We may modify this policy at any time for any reason and we may make exceptions to this policy, as we deem appropriate.
Also, orders on the Website are limited to USD $1,000.00.
Tax-Free Purchases
For information on how to place a tax-free purchase, contact our Sales Department.
Links to Other Web Sites and Services
The Website may contain links to outside services and resources, the availability and content of which Max & John, LLC does not control. Any concerns regarding any of these services or resources, or any link thereto, should be directed to the owner of the outside service or outside resource. Max & John, LLC makes no representation or warranty that any web site links contain suitable, appropriate materials.
Disclaimer
TO THE FULLEST EXTENT ALLOWED BY LAW, THIS SITE AND ALL ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, MAX & JOHN ,LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. NOTWITHSTANDING THE FOREGOING, THIS DISCLAIMER OF DAMAGES SHALL NOT APPLY TO THE EXTENT THAT ANY DAMAGES ARE THE RESULT OF MAX & JOHN, LLC OWN NEGLIGENCE, FRAUD, WILLFUL INJURY, OR WILLFUL VIOLATION OF LAW.
Indemnification
User agrees to defend, indemnify and hold Max & John, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to User’s wrongful use of the Website in violation of these Terms of Use or any claim by a third party that User’s Comments infringe the third party’s rights.
Miscellaneous
Unless otherwise specified and except to the extent Company products are offered for sale in the United States and select foreign markets through this Website, this Website and the Contents thereof are displayed solely for the purpose of promoting Company’s products and services available in the United States and select foreign markets. This Website is controlled and operated by Max & John, LLC from its office in Atlanta, Georgia.
This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state courts of the State of Georgia, in Fulton County, and/or the federal courts in the Northern District of Georgia.
Termination
If the user fails to comply with any term or provision of this Agreement, the Company may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website.
Contact Us
If you have any questions about these Terms, please contact us:
Maxandjohn.com
2500 Acorn Ave. NE
Atlanta, GA 30305
United States
info@maxandjohn.com
+1 404.482.1644