Website Terms and Conditions of Use
Terms
This web site is owned and operated by ATAB, LLC. (“MAXA BRAIN”). By accessing this web site, you agree to be bound by these web site Terms and Conditions of Use and all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
Access and Use
The materials contained in this web site are protected by applicable copyright and trademark law and should only be used for personal, non-commercial use. You may only download material from this site for your own personal use. You may not reproduce, duplicate, distribute, publish, modify, copy, decompile or reverse engineer, or transmit material, from this web site. This includes any text, graphics, logos, photos, blog materials, videos, stills, product references, images, and descriptions, or social media posts. Additionally, you are also strictly prohibited from creating works or materials based on or derived from the materials on this site. Upon terminating your viewing or use of these materials, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Warranties and Disclaimers
By using this site, you agree that your use and reliance on materials contained on this site are at your own risk. To the maximum extent permitted by law, the materials on MAXA BRAIN'S web site and the products sold to you are provided “as is” and “with all faults.” MAXA BRAIN' makes no other warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property or other violation of rights. Further, MAXA BRAIN does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or the products sold to you or otherwise relating to such materials or on any sites linked to this site. Additionally, MAXA BRAIN does not warrant that the functions on this web site will be uninterrupted, accurate, error free or reliable. You acknowledge that MAXA BRAIN is not responsible for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, theft, destructions, damage or unauthorized access to your computer or network. Further, you acknowledge that MAXA BRAIN is not responsible for any defamatory, offensive or illegal conduct or material found on this web site, including materials transmitted by other persons.
Limitations
In no event shall MAXA BRAIN or its subsidiaries, agents, directors, officers, employees, or suppliers be liable for any damages including, without limitation, consequential, special, incidental, direct, indirect, exemplary, or punitive damages or damages for loss of data or profit, breach of our online privacy policy, breach of these Terms and Conditions of Use, or due to business interruption arising out of the use or inability to use the materials on MAXA BRAIN’s web site, MAXA BRAIN’s use of information you provide, the products sold to you, or any other claim you may have, even if MAXA BRAIN or an MAXA BRAIN authorized representative has been notified orally or in writing of the possibility of such damage and regardless of the theory of liability giving rise to such claim whether negligence, contractual, tort, strict liability or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Additionally, you hereby waive any and all rights to bring any claim or action related to this site beyond one (1) year after the first occurrence of any act, event, condition, or omission on which such claim or action is based.
Indemnity
You agree to defend, indemnify, and hold harmless MAXA BRAIN, its affiliates, employees, agents, directors, officers, and shareholders from and against all the liabilities, claims, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your use of this web site, your failure to use this site, your breach or alleged breach of these Terms and Conditions, or your breach or alleged breach of the copyright, trademark, proprietary or other intellectual property rights of third parties.
Revisions and Errata
The materials appearing on MAXA BRAIN’s web site could include technical, typographical, or photographic errors. MAXA BRAIN does not warrant that any of the materials on its web site are accurate, complete, or current. MAXA BRAIN may make changes to the materials contained on its web site at any time without notice. MAXA BRAIN does not, however, make any commitment to update the materials.
Links
MAXA BRAIN has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. No inference or assumption should be made and no representation should be implied that MAXA BRAIN is connected with or controls these websites. You should refer to each web site’s terms and conditions or terms of use. The inclusion of any link does not imply endorsement by MAXA BRAIN of the site. Use of any such linked web site is at the user’s own risk.
Site Terms of Use Modifications
MAXA BRAIN may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to MAXA BRAIN’s web site shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions.
Restricted Countries
Anywhere outside of the continental United States.
MAXA BRAIN Subscription Program
There is currently no subscription program. When we develop one, we will update this section.
Shipping Policy
At MAXA BRAIN, we strive to deliver your purchase with excellent service and flexibility, every time. To that end, we want to give you the clarity and transparency regarding our shipping process.
Orders are processed and shipped during regular business hours (Monday through Friday, excluding holidays). Once your order has been processed, shipping can take up to 30 days depending on your selected shipping method and your location. We will do our best to keep you updated on your order's progress and expected delivery date.
Product Presentation Policy
At MAXA BRAIN, we continuously work to improve our products to enhance customer satisfaction. As part of this ongoing process, the size, shape, and look of our product packaging, including labels and logos, may change without prior notice. These changes may occur due to enhancements in design, manufacturing processes, or compliance with new regulations.
We reserve the right to make these changes at any time, and we assure you that any modifications will not compromise the quality or functionality of the product itself. Our commitment to delivering high-quality products remains our top priority, and we appreciate your understanding as we strive to bring you the best possible products.
Purchase Quantity Limit Policy
At MAXA BRAIN, we are committed to providing fairness and accessibility to all our customers. To ensure that as many customers as possible can enjoy our products, we enforce a purchase quantity limit. Currently, each customer may purchase no more than two (2) units of any single product per order for the time being.
Please note, these limits are subject to change at our discretion based on product availability and market conditions. This policy helps us manage inventory effectively and maintain equitable distribution among our valued customers.
We reserve the right to cancel or modify orders that do not comply with our purchase limit policy. We appreciate your understanding and cooperation in ensuring that all customers have access to our products.
Intellectual Property Rights
All intellectual property rights concerning these materials belong to MAXA BRAIN and its licensors. All rights not explicitly granted are reserved. These materials may not be reproduced, copied, edited, or used in any other manner without express written consent from MAXA BRAIN.
Updates to Terms and Conditions
MAXA BRAIN reserves the right to update or modify these terms at any time without prior notice. Your continued use of this website after any changes to these terms are posted will be considered acceptance of those changes.
Dispute Resolution
In the unlikely event that our service does not meet your expectations and a dispute arises, please contact us first so we can attempt to resolve it informally. If we cannot resolve the dispute informally, we will resolve the dispute through binding arbitration under the rules of the American Arbitration Association (AAA) in the state of SC. Arbitration will be conducted by a neutral arbitrator and not in a court. You also waive the right to participate in a class-action lawsuit or class-wide arbitration.
Legal Compliance
By using our site you agree to comply with all local, state, national, and international laws and regulations that apply to your use of our website.
Termination of Use
We may terminate or suspend access to our site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.