Welcome to the Maxtran.com website and mobile application owned and operated by Maxtran (“Maxtran,” “we” or “us”). The Maxtran.com website and mobile application, together with the content, software, services, and functionality offered on or through the website and mobile application, are collectively referred to as the “Maxtran Property” in these Terms of Access. The Maxtran Property offers industrial supplies and safety products to help keep your business running. We make the Maxtran Property available to you subject to your agreement to these Terms of Access. The purchase of products and services available through the Maxtran Property is subject to additional terms and policies. You should review those terms and policies before making a purchase. These Terms of Access (including all documents, policies, conditions and notices) referenced in these Terms of Access) are collectively referred to as the “Agreement.” In this Agreement, the words “include” and “including” will not be construed as terms of limitation. The Agreement is a legally binding contract between you and Maxtran. By accessing the Maxtran Property in any way, including, without limitation, browsing the Maxtran Property, using any information contained on or in the Maxtran Property, creating a User Account (defined below), and/or submitting information to Maxtran, you agree to and are bound by this Agreement, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law. Our collection and use of personal information in connection with your access to and use of the Maxtran Property, whether or not you are a registered user, is described in our Privacy Policy
1. Updates to the Agreement
From time to time, Maxtran may update the Agreement. If we materially update any portion of the Agreement, we will notify you by posting a revised Agreement through the mobile app or a notice on our website before the date the update becomes effective. We will also post the updated Agreement in its original location marked with the new date. Changes will not be retroactive. If you object to any changes, you should not access or use the Maxtran Property. Your continued access or use of the Maxtran Property after we publish our changes to the Agreement means that you are consenting to the updated terms.
By accessing or linking to the Maxtran Property, you assume the risk that the information on the Maxtran Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. Maxtran may add, change, discontinue, remove or suspend any of the information, features and other content included in the Maxtran Property at any time, without notice and without liability. Due to the open nature of the Maxtran Property, and the potential for errors in the storage and transmission of digital information, Maxtran does not warrant the accuracy of information contained on or obtained from the Maxtran Property.
2. Maxtran Property
A. Your Right to Use Maxtran Property
Maxtran grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable license to access and make use of the Maxtran Property solely for legitimate non-commercial, business purposes, and as permitted by the features and functionalities of the Maxtran Property, subject to this Agreement. Any access or attempt to access other areas of Maxtran Property or any Maxtran systems or other information contained on Maxtran Property or Maxtran systems for any other purposes is strictly prohibited. You will not (i) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Maxtran Property, or on any materials printed or copied from the Maxtran Property; or (ii) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of Maxtran Property, registering and/or using Maxtran or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Maxtran domains, trademarks, taglines, promotional campaigns or Maxtran Content.
B. Eligibility
You may use the Maxtran Property only if you can form a binding contract with Maxtran, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Maxtran Property by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement.
C. User Accounts
In order to use certain features on the Maxtran Property, such as viewing your past orders or saved searches, you may need to register and create an account on the Maxtran Property (your “User Account”). You should not use another user’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (a password that is unique to the account, is 16 or more characters or a passphrase) with your User Account. If we determine that your password is unsafe, we may notify you and recommend you use a different strong password. If you use a weak password or one we identify as unsafe, you accept all liability and risk if someone uses that password to access your account without your authorization. You must notify Maxtran immediately of any breach of security or unauthorized use of your User Account. Maxtran will not be liable for any losses caused by any unauthorized use of your User Account. By providing Maxtran your email address you consent to our using the email address to send you service-related notices relating to the Maxtran Property, including any notices required by law or regarding updates to the Agreement, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Maxtran Property and, depending on where you are resident, special offers. If you do not want to receive such email messages, you may opt out or change your preferences by sending your request to: admin@maxtran.com.
D. Availability of Maxtran Property
Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the Maxtran Property and are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the Maxtran Property or certain areas or features thereof with or without notice. We may from time to time change, discontinue, enhance and modify the Maxtran Property and introduce new features or functionality from time to time. You agree that you do not have any rights in the Maxtran Property and that Maxtran will have no liability to you if the Maxtran Property is discontinued or your ability to access the Maxtran Property or any content you may have posted on the Maxtran Property is terminated.
E. Hypertext Links
The Maxtran Property may be linked to other sites that are not maintained by Maxtran. Maxtran is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Maxtran of the linked sites. Maxtran disclaims any and all liability for links: (i) from another site to the Maxtran Property, and (ii) to another site from the Maxtran Property.
F. Visual and Barcode Search
Maxtran may, from time to time, make available a functionality through the Maxtran Property that allows you to upload images and barcodes to the Maxtran Property and that analyzes such images in order to search for and return suggested products available through the Maxtran Property that match those images and barcodes ("Visual Search"). In order to use Visual Search, you will need to download our mobile application onto your device and allow the application to access the camera on your device. You must ensure that all images you upload through Visual Search comply with the paragraph below headed "Uploading Images, Reviews and other Content". We reserve the right to suspend your access to Visual Search or the Maxtran Property if you breach the Agreement.
G. Chat functionality
Maxtran may make available certain messaging features through the Maxtran Property that allow you to message and share content with a customer service representative in real time (the "Messaging Service"). In addition to any other requirements in the Agreement, when using the Messaging Service, you must ensure that any messages, images or other content that you upload to the Messaging Service comply with the paragraph below headed "Uploading Images, Reviews and other Content" and you must not: (i) threaten or abuse any customer service representative through the Messaging Service, or abuse or invade another person's privacy, or cause annoyance, inconvenience or needless anxiety, or do anything through the Messaging Service that is likely to harass, upset, embarrass, alarm or annoy any other person; (ii) advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property; (iii) promote or advertise any goods or services or send any unsolicited marketing communications through the Messaging Service. Failure to comply with the above paragraph may result in us immediately suspending or terminating your access to the Messaging Service and/or the Maxtran Property; issuing a warning to you; taking legal action against you (including proceedings for reimbursements of all costs, including reasonable administrative and legal costs, that we incur as a result of your breach); disclosing such information to law enforcement authorities as we reasonably believe is necessary; and taking any other steps that we reasonably deem appropriate.
H. Accessibility
Maxtran is committed to accessibility, diversity and inclusion for all of its guests. We believe everyone should be able to easily shop online at www.Maxtran.com, use our mobile app and access our services easily. We set high standards for web accessibility and constantly strive to ensure we’re in compliance with all laws and guidelines. Our team is filled with professionals who are dedicated to making your online experiences the best they can be. We welcome feedback from guest experiences. If you have any questions about our accessibility features, please contact us at 1-844-244-7300 or admin@maxtran.com.
I. Promotions
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Maxtran Property may be governed by rules or terms that are separate from the Agreement. If you participate in any Promotions, please review the applicable rules or terms as well as our Privacy Policy. If the rules or terms for a Promotion conflict with the Agreement, the Promotion rules will govern.
3. Use of and Responsibility for Content
A. Maxtran Content
Content on the Maxtran Property that is provided by Maxtran or its licensors, including software, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing ("Maxtran Content") is the property of Maxtran or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license download, screenshot, rent, modify, distribute, copy, reproduce, transmit, display to third parties, publicly perform, publish, adapt, edit or create derivative works from any Maxtran Content.
B. Uploading Images, Reviews and other Content
From time to time on certain areas of the Maxtran Property you may be able to submit or transmit to, though, or in connection with the Maxtran Property any information (including personal information), text, links, graphics, photos, images, audio, videos, and all other forms of data or communication ("User Content"). By submitting or otherwise transmitting any User Content on or through the Maxtran Property, you hereby grant to Maxtran a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties (including other users), for use with marketing or on other media or platforms known or hereinafter developed. With regard to the Visual Search (described above), this license additionally includes the right to use the images you upload to enhance and continually improve our visual search algorithm and functionality. Insofar as User Content includes personal information, including. but not limited to, images or photographs of individuals, you agree that such personal information will be used or disclosed for these purposes. Maxtran does not guarantee any confidentiality with respect to any of your User Content. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to this Agreement and the license described herein. You represent and warrant that you own or have a valid license to use and provide to Maxtran the User Content submitted, displayed, published or posted by you on the Maxtran Property and otherwise have the right (including the necessary licenses and/or permissions from third parties) to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Maxtran’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
C. Third-Party Technology, Websites and Applications
The Maxtran Property may include third-party technology, services, software, applications, and links to third-party websites (“Technology”). Maxtran is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third-party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk. To the extent applicable, your use of such third-party Technology is subject to this Agreement as well as the additional terms and conditions as Maxtran may provide to you from time to time.
4. ACCEPTABLE USE OF THE Maxtran PROPERTY
Your permission to use the Maxtran Property is contingent on your compliance with all applicable law, in addition to the following rules:
A. Harm to Others.
You will not engage in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the Maxtran Property or exposes or may expose any users or visitors to the Maxtran Property to any harm or liability of any sort, whether by posting User Content or otherwise, including by (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any posting that you submit; (ii) threatening, stalking, harming, or harassing others, or promoting bigotry or discrimination; (iii) discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (iv) engaging in any unlawful, tortious, threatening, defamatory, libelous, obscene, violent, harmful, abusive or disruptive behavior; or (v) violating, infringing or invading anyone else’s rights, including posting any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
B. Unauthorized Use of Maxtran Content
You will not download, display, or use any Maxtran Content: (i) for use in any publications, in public performances, or on websites or applications other than the Maxtran Property; (ii) for any unpermitted commercial purpose; (iii) in connection with products or services that are not those of Maxtran; or (iv) in any other manner that is likely to cause confusion, that disparages or discredits Maxtran and/or its licensors, or that dilutes the strength of Maxtran’s or its licensor's intellectual property, or that otherwise violates, infringes or misappropriates Maxtran’s or its licensors’ intellectual property rights or proprietary rights or constitutes any other misuse of Maxtran Content. Use of the Maxtran Content for any purpose not expressly permitted by the Agreement is strictly prohibited.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please email us at: admin@maxtran.com.
C. Harm to Our Systems, Property and Security
When using the Maxtran Property, you will not: (i) use any electronic communication feature of the Maxtran Property for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) retrieve, index, scrape, data mine or otherwise gather any Maxtran Content, Maxtran Property, or other data, content, or materials (including through use of any robot, spider, screen scraping, web harvesting, data extraction, or similar software or technologies. (iii) reproduce or circumvent the navigational structure or presentation of Maxtran Content or Maxtran Property; (iv) upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (v) collect or store personal information about other users; (vi) use the Maxtran Property for any commercial transactions that are unrelated to the purposes for which the Maxtran Property was provided; (vii) upload, post, email, or otherwise transmit any advertising or promotional materials, spam or any other form of solicitation or unauthorized communication, either directly through the Maxtran Property (including through its interactive features) or to users through communication channels outside of the Maxtran Property, or otherwise contact another user through the Maxtran Property or unsolicited outside of the Maxtran Property for any purpose; and (viii) upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality or operation of the Maxtran Property, any feature of the Maxtran Property, or any computer software or hardware or telecommunications equipment. In addition, you will comply with Maxtran’s robots.txt file, if any.
5. Ownership
A. Intellectual Property Rights
Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you have in User Content, except that you irrevocably waive, and cause to be waived, against Maxtran, our affiliates and other users, any claims and assertions of moral rights or attribution with respect to User Content. As between you and Maxtran, we (or our licensors) own the Maxtran Property, and the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with Maxtran and the Maxtran Property, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. Except as expressly provided in the Agreement, we do not grant you any express or implied rights in the Maxtran Property. You understand and agree that you have no ownership rights in the User Account or any other account you may have with Maxtran, or other access to the Maxtran Property or features therein.
B. Trademarks
Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Maxtran Property or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.
C. Feedback
We welcome and encourage Feedback. You may submit Feedback by emailing us at or by other means of communication, including your User Content. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you and you shall have no privacy rights in such Feedback. With respect to your Feedback you acknowledge that: (i) Maxtran receives numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Feedback, and that Maxtran’s review of your Feedback is not an admission of novelty, priority or originality; and (ii) Maxtran’s use of any ideas similar to your Feedback, whether based on your User Content, provided to Maxtran by third parties, or independently developed or considered by Maxtran, shall be without obligation to you. By submitting Feedback to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us or our users any claims and assertions of any moral rights contained in such Feedback. “Feedback” includes concepts, ideas, feedback, materials, proposals, suggestions and the like relating to Maxtran, the Maxtran Property or Maxtran’s initiatives.
6. Termination
Maxtran may terminate or suspend your User Account and delete all User Content associated with your User Account at any time, and without notice, if Maxtran deems that you have violated this Agreement, the law, or for any other reason. In such event, you may not register a new User Account or access and use the Maxtran Property through a User Account of another user. Maxtran assumes no liability for any information removed from the Maxtran Property and reserves the right to permanently restrict access to the Maxtran Property. The sections of this Agreement entitled “Indemnification,” “Representations and Limitations of Liability,” “Privacy and Security,” “Mobile Applications from Apple App Store,” “Mobile Applications from Google Play Store,” “Miscellaneous,” and any other terms which by their nature survive termination (e.g., “Trademarks”) shall survive the termination of this Agreement.
7. Indemnification
You agree to indemnify, defend and hold Maxtran, its parents, affiliates, subsidiaries, officers, employees, and subcontractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of the Terms or which arises from the use of User Content you submitted, posted, or otherwise provided to Maxtran or the Maxtran Property.
8. REPRESENTATIONS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS Maxtran’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE Maxtran PROPERTY, THE Maxtran CONTENT, USER CONTENT, OR ANY OTHER Maxtran PROPERTY FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE Maxtran PROPERTY. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
Maxtran MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OR FUNCTIONS OF THE Maxtran PROPERTY, THE Maxtran CONTENT, USER CONTENT, OR ANY OTHER Maxtran PROPERTY FEATURE OR FUNCTION, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. Maxtran MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. Maxtran DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY Maxtran WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF Maxtran. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PRODUCTS YOU FIND THROUGH THE VISUAL SEARCH FUNCTIONALITY MEET YOUR REQUIREMENTS, AND WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSSES YOU OR SOMEONE ELSE WHO MIGHT SUFFER AS A RESULT OF YOUR USE OF THE VISUAL SEARCH FUNCTIONALITY, INCLUDING IF YOU BUY ANY PRODUCTS FOUND THROUGH THE VISUAL SEARCH FUNCTIONALITY THAT ARE MISMATCHED, MISDESCRIBED OR UNSUITABLE FOR YOUR NEEDS.
THE Maxtran PROPERTY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE Maxtran PROPERTY OR ANY INFORMATION OR TECHNOLOGY THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Maxtran OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Maxtran PROPERTY, NOR SHALL Maxtran OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND Maxtran’S OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE Maxtran PROPERTY'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL GRAINGNER, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE.
9. Cross Reference Information
Product cross-reference comparisons or product alternatives that are presented do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications or product alternative specifications prior to purchase and use to determine suitability of the product for your intended use.
10. Privacy and Security
On certain areas of the Maxtran Property, you may be given the ability to provide Maxtran with personal information. Any personal information you have provided, may provide, or that may be collected by us in connection with your use of the Maxtran Property will be collected, maintained and used in accordance with this Agreement, our privacy policy located here ("Privacy Policy"), any additional terms applicable to an individual product, service or promotion. Please read the Maxtran Privacy Policy for more information about Maxtran’s information collection and use practices, which policy applies to information collected on the Maxtran Property and your use of the Maxtran Property is subject to that policy.
11. Additional Terms for Mobile Applications - General
We may make available software to access the Maxtran Property via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Maxtran does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
Maxtran hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications.
You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Maxtran or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Maxtran reserves all rights not expressly granted under this Agreement.
If the Mobile Application is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The Mobile Application originates in the United States, and is subject to United States export laws and regulations. The Mobile Application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Maxtran Property.
12. Mobile Applications from Apple App Store.
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Maxtran, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Maxtran as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Maxtran as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Maxtran, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Maxtran acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
13. Mobile Applications from Google Play Store.
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Maxtran only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Maxtran, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Maxtran’s Google-Sourced Software.
14. Information and Complaints
If you have a question or complaint regarding the Maxtran Property, please send an e-mail to admin@maxtran.com. You may also contact Maxtran by phone or mail at the contact information provided on the Maxtran Property. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information, including sensitive personal information or health information, in your e-mail correspondence with Maxtran. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
15. Miscellaneous
The Agreement will be governed by and construed in accordance with the laws of Illinois without regard to conflicts of laws principles. By using the Maxtran Property, you hereby agree that any and all disputes regarding the Agreement will be subject to the courts located in Lake County, Illinois or the federal courts for the Northern District of Illinois. The Agreement operates to the fullest extent permissible by law. Accessing materials on the Maxtran Property by certain persons in certain countries may not be lawful, and Maxtran makes no representation that materials on the Maxtran Property are appropriate or available for use in locations outside the United States. If you choose to access the Maxtran Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
If Maxtran fails to act with respect to your breach or anyone else's breach on any occasion, Maxtran is not waiving its right to act with respect to future or similar breaches.
If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
Last Revised: 12/21/2024
