Last updated on: December 7, 2016
By signing up for the OrganizeMax service (“Service”) or any of the services of OrganizeMax LLC (“OrganizeMax”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by OrganizeMax under the Terms of Service include various products and services to help you acquire merchandise and establish a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), or both. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.organizemax.com/terms. OrganizeMax reserves the right to update and change the Terms of Service by posting updates and changes to the OrganizeMax website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for an OrganizeMax account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. OrganizeMax may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that OrganizeMax will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. OrganizeMax cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of OrganizeMax will result in an immediate termination of your services.
- The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Account support is only provided to paying Account holders and is only available via email.
- The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded. If any dispute arises the issue will be deal within state of California.
- You acknowledge and agree that OrganizeMax may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on OrganizeMax’s website, available at https://www.organizemax.com/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to OrganizeMax’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the OrganizeMax service 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), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service and product acquisition.
- 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 without the express written permission by OrganizeMax.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- The Terms of Service is available in English only at that moment.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, etc. OrganizeMax reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Limitation of Liability
- You expressly understand and agree that OrganizeMax shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall OrganizeMax or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, OrganizeMax partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- OrganizeMax does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- OrganizeMax does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Waiver and Complete Agreement
The failure of OrganizeMax to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and OrganizeMax and govern your use of the Service, superseding any prior agreements between you and OrganizeMax (including, but not limited to, any prior versions of the Terms of Service).
Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the OrganizeMax service. All material you upload or email to us remains yours.
- By uploading or emailing your content, you agree: (a) to allow us to review and submit to other vendors and or partners on behalf of you if necessary. For example, packaging design.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- OrganizeMax shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
We shall be held not responsible for any damages from third party shipping vendors to your store and or warehouse if it is organized by us or merchant. However, insurance can be purchased for all shipments within US.
Payment of Fees
- You will pay the Fees applicable to your purchase of product(s) and any other applicable fees including taxes. Tax exemption will only apply from and after the date we receive such a certificate.
- All Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- OrganizeMax does not provide refunds.
Cancellation and Termination
- You may cancel your Account at any time by emailing email@example.com and then following the specific instructions indicated to you in OrganizeMax’s response.
- We reserve the right to modify or terminate the OrganizeMax Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, OrganizeMax may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
DMCA Notice and Takedown Procedure
OrganizeMax supports the protection of intellectual property and asks OrganizeMax merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to OrganizeMax’s designated agent using our “contact us” form or email directly to firstname.lastname@example.org. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown.