Maxtalent Industrial Ltd and its subsidiaries and affiliates (collectively, the “Company”) appreciate your interest in our brands and in visiting our website (“Site”).
The following terms and conditions set forth the basic rules that govern your use of our Site and our subscription services should you decide to sign up for a newsletter at the space provided on the Site (collectively, the “Services”).
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
Each time you use this Site, the current version of these Terms will apply. The Company may change, edit, delete or revise portions of this Site at any time without notice. Accordingly, when you use this Site, you should check the date of these Terms and review any changes since the last version.
These Terms give you specific legal rights, but you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental orconsequential damages or other rights, so those provisions may not apply to you.
Ownership and Intellectual Property
The text, images, graphics, video and/or audio files and their arrangement on this Site are the property of the Company and its licensors and are subject to trademark, copyright and other types of protection. Such content may not be copied for commercial use or distribution, nor may the content be modified or posted on other sites. You must obtain a license from the Company for these types of activities.
Access to and use of this Site are intended by the Company solely for your personal information, education and communication to the Company at the addresses indicated on the Site. Hence, the Company grants you a non-exclusive, non-sub-licensable and non-transferable license to use itscontent solely for non-commercial use and for no other purpose. The Company (or such third party that may own the displayed trademark) retains all rights, title and interests in the content and all other features of this Site.
The Services may contain images of and links to other websites and online resources and you understand that by using the same and accessing third party links, you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate. You understand and agree that the Company is not responsible or liable for said content, or the availability or accuracy of such websites or resources. Links to such content, websites or resources do not imply any endorsement by the Company. Hence, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Company has no obligation to update, amend or clarify information on this Site. The information contained herein had been abbreviated and may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. Any news releases contained on this Site are dated to indicate the last time such information was modified by the Company. No other specified date or refresh
date applied in this Site should be taken to indicate that information containedb in archived press releases was updated past its initial publication date. The Company undertakes no obligation to update, amend or clarify previously published press releases.
1. Unless specifically requested by the Company in writing, please do not send the Company any creative or original concepts, ideas, materials or products, or confidential or proprietary information. You acknowledge and agree that all information submitted to the Company through this Site or any other channel shall constitute an assignment to the
Company of all worldwide rights, titles and interest in all intellectual properties in the submission and shall not be limited in any way in its use, commercial or otherwise, of the same. The Company is and shall be under no obligation to maintain the confidence of such submissions, to pay any compensation therefor, or to respond to you.
2. You are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. Hence, you represent and warrant that you have all rights necessary to do so, and in the manner in which you choose to do it. The Company reserves the right to remove any content that involve or affect
the Company’s intellectual property rights and reputation at any time.
3. You do not have the right to:
1). Access information, services or other products that are not intended for your use;
2). Use this Site or any of the Company’s other communication tools to violate any law, regulation, court order or contract by which you are bound for any purpose
that is tortious, abusive, intrusive of another person’s privacy, libelous, defamatory, embarrassing, obscene, immoral, threatening, racist, hateful or that constitutes
3). Probe, scan or test the vulnerability of any system or network related in any way to this Site;
4. Breach any security or authentication measures;
5. Transmit data that contains viruses, worms, spyware, adware or
any other code that adversely affects the operation of this Site or
otherwise interferes with service to any host, network, or other user;
6. Violate or attempt to violate the security of this Site;
7. Breach any other obligations in these Terms or any other document applicable to you;
8. Remove, obscure or alter any proprietary rights shown on or along with the Services; or
9. Attempt to do any of the preceding.
Product and Pricing Information
Products bearing the Company’s trademarks are sold in the United States and worldwide through retailers, distributors and licensees. Availability of any products displayed or described in this Site is subject to the supply of each particular retailer, distributor or licensee. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of the Company. The Company reserves the right to discontinue any product at any time.Our internet operations are established to sell products to end-consumers only. We do not sell products on our online platforms to customers who intend to re-sell or export the products, and any such resale is strictly prohibited. You must contact us for a special commercial arrangement involving such activities.
Limitation of Liability
THIS SITE AND THE CONTENT PROVIDED ON THIS SITE ARE PROVIDED “AS IS” AND THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO ITS USE, AVAILABILITY, ACCURACY OR PERFORMANCE. AS A VISITOR, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE AND ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE AND THE COMPANY MAKES NO
REPRESENTATION THAT THE CONTENT IS COMPATIBLE WITH YOUR COMPUTER. THE COMPANY OR ITS AFFILIATES OR SUPPLIERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THEALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO HOLD THE COMPANY FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, INCURRED BY THE COMPANY AND ITS AFFILIATES AND SUPPLIERS ARISING FROM OR RELATED TO YOUR USE OF THIS SITE.
Fees and Payment
Access to the Site and Services are offered to you for free by the Company. Hence, THE LIMITATION OF DAMAGES SET FORTH ABOVE AREFUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.
1. These Terms will remain in full force and effect so long as you continue to access or use the Site and Services, or until terminated in accordance with the provisions of these Terms. The Company reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof, or make changes to these Terms, with or without notice. Your continued use of the Site and Services shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.
2. These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Site and Services shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for the Middlesex County of New Jersey for the purpose of litigating all such claims or disputes. When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all terms, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. These Terms constitute the entire agreement between you and the Company regarding the use of the Site and Services. Any failure by the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Waivers are effective only if in writing and signed by a duly authorized officer of the
Company. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
4. The obligations in these Terms will survive any expiration or termination thereof.
5. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without the Company’s prior written consent. These Terms may be assigned by the Company without restriction. These Terms are binding upon any permitted assignee.
Date last updated: March 30, 2019