Max Brenner may make changes to the content or services offered on the Sites at any time. Max Brenner can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Sites. By using the Sites after Max Brenner has updated the Terms, you are agreeing to all of the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Sites.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Max Brenner hereby grants you a limited, personal, non-exclusive, and non-transferable license to use these Sites and the materials contained thereon solely for your personal use. Except for the foregoing license, you have no other rights in the Sites or any materials and you may not modify, edit, copy, reproduce, distribute, publish, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Sites or materials in any manner. You may not access the Sites (including the Site content) to build similar or competing websites.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed materials.
You must be the age of majority to access and use the Sites and services or if you are a minor (and over the age of 13), you must have your parent's or legal guardian's permission to use the Sites and agree to its Terms. If you are not at least 13 years old, you may not use the Sites at any time or in any manner or submit any information to Max Brenner.
Using the Sites and the Services on the Sites
You need not register with Max Brenner to simply visit and view the Sites. However, in order to receive email from Max Brenner about its products, locations and promotions, you will need to register with Max Brenner by providing your name, email address, birthday, gender, and zip code. You can opt-out of receiving such email communications at any time by unsubscribing through the link provided in the email communication.
You will have the option to establish an account with us to make it easier to use certain features of the Sites (e.g., to order products and services). During the account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Sites, you represent and warrant that: (i) you are the customer who registered for the services; and (ii) that you are using the services or purchasing products only for your personal purposes. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. Please notify us at firstname.lastname@example.org of any potential unauthorized use(s) of your account or any breach of security.
Ordering and Payment Terms
You must have a valid credit card, with full authority to use it, to submit an order for products or services through the Sites. For each product or service you order on any of the Sites, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Max Brenner will automatically bill your credit card submitted as part of the order process for such price. You will pay for all collection costs, attorney's fees, and court costs incurred in the collection of past due amounts.
Prices; Colors; Availability
The prices and availability of products and other items on each of the Sites may change at any time, without notice. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order, to refuse or cancel any such 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 canceled, we shall promptly issue a credit to your credit card account in the amount of the charge.
Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.
For information on shipping and order status, please go to http://shop.maxbrenner.com.au/customer-service.html
Links to Third-Party Sites
Max Brenner and associated logos are trademarks of Max Brenner, registered in the United States and other countries. Other trademarks, names, and logos on these Sites are the property of their respective owners. The Sites and all information and screens appearing on these Sites, including documents, services, design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Max Brenner. 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 licensee.
Disclaimer of Warranties
YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. MAX BRENNER, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WHERE-IS" BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. MAX BRENNER DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAX BRENNER SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITES. IN NO EVENT SHALL MAX BRENNER BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF MAX BRENNER KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO US FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO US IN THE PRIOR TWELVE (12) MONTHS AND ONE HUNDRED DOLLARS ($100).
CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Local Laws; Export Control
The Sites are intended for use in the United States. If you use the Sites outside the United States, you are responsible for following applicable local laws and for complying with any import and export control laws relating to your use of the Sites and any materials on the Sites in the jurisdiction in which you reside or have accessed the Sites or any materials on the Sites.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Max Brenner, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Sites, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Max Brenner is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Max Brenner is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Max Brenner prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Max Brenner in its sole discretion, may result in immediate termination of your access to these Sites without prior notice to you. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Max Brenner's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Max Brenner and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Max Brenner about these Sites. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact Max Brenner for any reason, you can reach Us at email@example.com.