Terms of service

OVERVIEW

This website is operated by DearMax, a division of MMM Industries, Inc. Throughout the site, the terms “we”, “us” and “our” refer to DearMax. DearMax offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. We reserve the right to refuse service to anyone for any reason at any time.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

If you are having trouble accessing the Site or its mobile application or any portion thereof, please call our Customer Service Team at info@dearmax.com for assistance. We recommend that you save these Terms and the Customer Service Team contact information in a format suitable for your reference should you need to contact the Customer Service Team and have trouble accessing the Site.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

We own or license from a licensor all materials, including images, illustrations, designs, icons, photographs, video clips, and any software concepts and documentation and other material on, in or made available through the Site ("Site Contents"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Contents. All Site Contents are protected pursuant to copyright, trademark, patent and other applicable laws and are owned by us or our licensors. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Contents. All names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to us or our affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Contents, other than the right to use the Site Contents in accordance with these Terms for the purpose of shopping or placing orders with us.

SECTION 2 - REGISTRATION

In order to access certain content, services, products, or benefits on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your phone number, address, email address, gender, and age. Any personal information that you provide to us via the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference as if set forth fully herein.

 

SECTION 3 - PAYMENT

Products made available through the Site may be available for purchase. We use a third-party payment processor to process credit card transactions made through the Site. If you purchase products from us or make any payments via the Site with your credit card, the credit card information that you submit to us will be protected by encryption, such as with the Secure Socket Layer (SSL) protocol. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission to us. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason we do not receive payment for a purchase, we may exercise our rights in law and equity, including: (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on our net income).

SECTION 4 - PRODUCTS OR SERVICES 

Prices and Orders.

All prices displayed on the Site are quoted in U.S. dollars. We may restrict delivery to addresses within the United States and Canada. We will add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. We reserve the right to discontinue or change specifications and prices on products and services offered through the Site, without prior notice and without incurring any obligation to you. Products displayed on this Site are available only while supplies last. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. If your account has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your account in the amount of the incorrect price, or provide you with a refund at your election. The risk of loss and title for all products purchased by you and shipped by us pass to you upon our delivery to the carrier for shipment. 

Colors.

We have made every effort to display the colors of our products that appear on this Site as accurately as possible. However, since the actual colors you see depend upon your computer and monitor, we cannot guarantee that the colors displayed to you will be completely accurate.

Returns and Exchanges.

There are NO RETURNS for PRIVATE PRE-ORDER capsules. These are LIMITED SUPPLY with LIMITED time to order. For size or color exchanges, there is a $25 re-stocking fee and credits will be applied to the new product or size that is ordered. There are NO RETURNS on any Personalized and Custom Embroidered items. For further information please refer to our Return and Refund Policy.

Product and Service Warranties. 

We want you to be satisfied with your purchase. If for any reason you are not pleased with a product you purchased on the Site, please check our return policies and contact us at info@dearmax.com. 

PRODUCTS AND SERVICES SOLD BY US ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF OUR RESPECTIVE MANUFACTURERS. WE MAKE NO ADDITIONAL (AND HEREBY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD TO YOU THROUGH THE SITE. AS APPLICABLE ALL REMEDIES RELATING TO MANUFACTURER REPRESENTATIONS AND WARRANTIES MUST BE DIRECTED TO THE APPLICABLE MANUFACTURER. WE MAY, IN OUR SOLE DISCRETION, PROVIDE COMMERCIALLY REASONABLE SUPPORT TO ASSIST YOU IN SEEKING SUCH REMEDIES FOR THE APPLICABLE MANUFACTURER.

SECTION 5 - THIRD PARTY WEBSITE FEATURES 

The Site may contain links to other websites for the convenience of users in locating information, products, or services that may be of interest. Links to other websites, including those of our suppliers or vendors, do not constitute sponsorship, endorsement, or approval from us of the content, policies, or practices of such linked sites. The Site may also incorporate features and services provided by third parties, such as payment processing. Linked sites and incorporated features and services are not operated, controlled, or maintained by us and we are not responsible for the availability, content, security, policies, or practices of linked sites, including privacy policies and practices. Links to other sites are provided for your convenience only and you access them at your own risk.

SECTION 6 - CHANGES TO TERMS AND TERMINATIONS

We have the right at any time and without prior notice, at our sole discretion, to revise these Terms or to impose new terms and conditions governing your access to or use of this Site. These revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including posting the revised or additional terms and conditions on this Site. You are responsible for reviewing this Site periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by us to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than us shall be valid or enforceable against us unless expressly agreed to in writing signed by a duly authorized officer of our company. We may suspend or terminate your account and your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing us with untrue or inaccurate information about yourself, for infringement upon our proprietary rights, or for any reason whatsoever or for no reason.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Disclaimers.

We, our subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Contents, Comments, data, links, advertisements or other items contained within the Site. We reserve the right to immediately remove any Site Contents or Comments for any reason, or for no reason. We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, we may review, verify, make changes to or remove any Comments, Site Contents, or the Site, including information submitted in connection with the Site Contents or other features at any time, with or without notice in our sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Contents or Comments and that you may not rely on the Site Contents or Comments. THE SITE, THE SITE CONTENTS, COMMENTS, INFORMATION, AND OTHER MATERIALS MADE AVAILABLE OR PROVIDED THROUGH THE SITE ARE MADE AVAILABLE OR PROVIDED "AS IS" AND "WITH ALL FAULTS." USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE COMMENTS, THE SITE CONTENTS, DATA AND OTHER MATERIALS MADE AVAILABLE OR PROVIDED THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR VERBAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL COMMENTS, THE SITE, THE SITE CONTENTS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE OR PROVIDED THROUGH THE SITE, IS WITH YOU.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - LIMITATIONS OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES, LOST PROFITS, OR DIMINUTION OF VALUE, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE COMMENTS, THE SITE CONTENTS, DATA, AND OTHER MATERIALS MADE AVAILABLE OR PROVIDED THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EITHER OF US HAD FORESEEN OR BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES ARISING, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, COMMENTS, THE SITE CONTENTS MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED, IN THE AGGREGATE, AN AMOUNT GREATER THAN $100.00.

SECTION 13 -  EXCEPTIONS TO LIMITATIONS AND EXCLUSIONS OF LIABILITY

Please note that some jurisdictions, including New Jersey, do not permit some of the limitations or exclusions of liability set forth in Sections 12, 13, and 14 above - including, in New Jersey, limitations of warranties for consumer products and services. Accordingly, some of the foregoing exclusions may not apply to you. We encourage you to consult a local attorney for legal counsel on these issues. If any of the limitations or exclusions of liability set forth in these Terms is deemed invalid or unenforceable for any reason, then the limitation or exclusion shall apply to the greatest extent permitted by applicable law. If you are dissatisfied with the Site or any of these Terms, your sole and exclusive remedy is to discontinue using the Site.

SECTION 14 - INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, our vendors, owners, affiliates, related entities, and each of their respective directors, officers, members, shareholders, employees, contractors, representatives, and agents (“Indemnitees”) from and against any and all losses, damages, liabilities, fines, penalties, interest, awards, judgments, costs, and expenses (including reasonable attorneys' fees, experts’ fees, and costs of litigation) (together, “Losses”) incurred by any Indemnitee in connection and together with any and all claims, causes of action, demands, proceedings, investigations, or administrative actions (each, a "Claim") arising out of or relating to your use of the Site, the Site Contents, or any services, products, or data obtained by you or on your behalf through the Site, as well as your fraud, violation of law, negligence, willful misconduct, and any breach by you of these Terms. You may not settle any Claim without our prior written consent. We (or our licensors) may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel and to participate in the defense of any Claim. If we (or our licensors) do not notify you that we (or they) elect to undertake the defense of a Claim, you shall have the right to defend the Claim with counsel reasonably acceptable to us (or them).

SECTION 15 - INTERNET SECURITY

We use commercially reasonable efforts to ensure that the Site is generally available. However, there may be occasions when access to the Site is interrupted or unavailable. We will use reasonable efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension, or discontinuance of the Site. You understand that the technical processing and transmission of materials to, from, or through the Site may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from to, from, or through our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to, from, or through the Site or the Internet, including, for example, personal information such as your name and address.

SECTION 16 - APPLICABLE LAW

These Terms will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. Subject to Section 21 of this Agreement, by accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. If any provision of these Terms shall be deemed unlawful, invalid or unenforceable for any reason, then that provision shall be deemed severable from the Terms, and shall not affect the validity or enforceability of the remaining provisions. Persons who access the Site from locations outside of the United States are solely and individually responsible for their compliance with applicable local, state, and federal laws.

SECTION 17 - ENTIRE AGREEMENT

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. Notwithstanding the foregoing, these Terms and the information provided in this Site in no way override the terms and conditions of your purchase of any product or service, except as specifically provided herein. To the extent any area within this Site contains SPECIFIC TERMS AND CONDITIONS concerning use of that particular area of the Site ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

SECTION 18 - ACTS BEYOND CONTROL

We shall not be liable for any nonperformance or delay in performance caused by any act beyond our reasonable control, including acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

SECTION 19 - ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS

You and DearMax agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and DearMax hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and DearMax relating to these Terms of Use or the Website (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. You agree that any such arbitration is subject to the exclusive jurisdiction of New York and shall be held in the State of New York. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the DearMax will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or DearMax from seeking action by federal, state, or local government agencies. You and DearMax also have the right to bring qualifying claims in small claims court. In addition, you and DearMax retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.

Neither you nor DearMax may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or DearMax’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Use. This Section of the Terms of Use will survive the termination of your relationship with DearMax. 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR DEARMAX WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

SECTION 20 - MISCELLANEOUS

The Site is controlled and operated from within the United States. Without limiting anything else in these Terms or otherwise, we make no representation that the Site, Site Contents, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of us to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words "includes" and "including" and their syntactical variations shall be deemed followed by the words "without limitation."

SECTION 21 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@dearmax.com.

Our contact information is posted below:

MMM Industries, Inc

info@dearmax.com

6103 Aqua Avenue

Miami Beach, Fl 33141