Last Modified: November 4, 2016
1. Acceptance of TOU.
describes the rules you must follow in order to visit and use Maxback.com
(the "Website"). IF YOU ARE UNDER THE AGE OF 18, PLEASE HAVE YOUR PARENTS
REVIEW THE TOU WITH YOU. By using the Website, you are accepting and agreeing
to follow the rules of the TOU. If you or your parents do not agree to the TOU,
do not use the Website. We may change the TOU at any time without notice, and
any changes will be included in the TOU. Please check the TOU for changes.
Your continued use of the Website after the TOU has been changed constitutes
your acceptance of such changes. The Website is owned and operated by MaxBack, LLC, 2224 W. 50th Street
Parkway, Erie, Pennsylvania 16506 ("MaxBack", "we", "our" or "us").
Our Website offers registered users the ability to submit offers to sell their
cell phones, tablets, and wearables ("Product") to us. Upon receipt of the
Product and verification of its condition, we will pay the Product owner for
the Product in the form of Pay Pal or via check. Please see our Sale Agreement
for additional terms and conditions relating to the sale and purchase of
Products. If you are under the age of 18, you must obtain your parent's
permission to submit Products to us and to become a registered user.
ATTENTION PARENTS: If you do not agree to your child's acceptance of the TOU,
please contact us at firstname.lastname@example.org.
2. Use of Website and Content. The Website, including without limitation, any
information, software, photographs, images, video, audio, graphics, or text on
the Website ("Content"), and all patent, copyright, trademark, trade dress,
domain name, trade secret, and other proprietary rights therein are the sole
property of MaxBack, LLC and various third party owners. Subject to this TOU, we
grant you a non-exclusive, non-transferable, revocable license to access and
use the Website and the Content solely for personal uses, and for no other
purpose. You may not modify, publish, transmit, translate, participate in
the transfer or sale, create derivative works, or in any way exploit, the
Website or any of the Content, in whole or in part. No copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted. You acquire no ownership rights by downloading copyrighted material.
3. Code of Conduct. While using the Website and the Content, you will: (a) Comply
with all federal, state and local laws that apply to your use of the Website; (b)
Refrain from posting or transmitting through the Website any material that violates
or infringes in any way upon the rights of others (including, without limitation,
any copyright, trademark or other intellectual property rights); (c) Refrain from
posting or transmitting material that is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, encourages conduct that would constitute a criminal offense, gives
rise to civil liability or otherwise violates any law, or contains advertising
or any solicitation; (d) Refrain from using the Website and the Content in a
manner that could damage, disable, overburden or impair any server, or the
network(s) connected to any server of MaxBack, its affiliates or service
providers, or interfere with any other party's use and enjoyment of the Website;
(e) Not attempt to gain unauthorized access to the Website or any services,
other accounts, computer systems or networks connected to any server or to
any of the services, through hacking, password mining or any other means;
(f) Refrain from uploading, posting or making available on the Website any
User Content protected by copyright, trademark, or other proprietary right
without the express permission of the owner of the copyright, trademark or
other proprietary right, and the burden of determining that any is not protected
by copyright rests with you.
We make no warranties or representations related to the Content or the Website and
disclaim all liability for errors or omissions in the information presented.
You acknowledge that we do not ordinarily monitor User Content (as defined below).
We reserve the right to refuse to accept or remove any User Content that is, in
our sole discretion, unacceptable, and to disclose User Content to law enforcement
agencies or authorities who may investigate reports of misuse or abuse of the
Website or the Content. You acknowledge that you use the Website at your own risk.
4. Privacy. MaxBack protects the privacy of the persons who use its website.
MaxBack does collect information about you when you open a MaxBack account and/or
use the MaxBack website and Services. You agree that we may collect and use such
You also agree that by voluntarily completing
a user registration you consent to receive commercial electronic communications
from MaxBack regarding our programs, services, product promotions, customer
surveys, and the like. Please do not use our website or services if you do not
5. Access. You are responsible for obtaining at your own expense all equipment
and services needed to access and use the MaxBack website and Services,
including all devices, Internet browsers and Internet access. If you access
the MaxBack website and the MaxBack Services through a mobile or wireless
device, you are responsible for all fees that your carrier may charge you for
data, text messaging and other wireless access or communication services.
6. User Content. By submitting information, remarks, ideas, suggestions,
inventions, graphics, images, photographs or other materials ("User Content")
through the Website, you grant to MaxBack an unrestricted, irrevocable,
worldwide, royalty-free license to use, reproduce, sublicense, distribute,
market, sell, display, modify, create derivative works from and transmit
such User Content for any purpose. You waive any moral or author's rights
or rights to attribution completely and irrevocably. We shall not be subject
to any obligations of confidentiality regarding any User Content that you
agreed to or required by law. You understand that all User Content you submit
through the Website is your responsibility.
7. Indemnification. You agree to indemnify and hold harmless us and our
subsidiaries, affiliates, officers, agents, employees, partners and licensors
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of User Content you submit, transmit or
otherwise make available, your use of the Website or the Content, your
connection to the Website, your violation of the TOU or the Terms of Sale
or your violation of any rights of another party.
8. Trademarks. Unauthorized use of trademarks, service marks or logos owned by
MaxBack is strictly prohibited and may also be a violation of federal and state trademark laws.
9. Copyright. The Website is protected by U.S. copyright laws and owned by us,
our affiliates, and certain third party providers. Except as expressly provided
in this TOU, you may not use, reproduce, modify, transmit, distribute or publicly
display any part of the Website or the Content without our prior written consent.
We respect the intellectual property of others, and we ask you to do the same.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of
copyright infringement on the Website can be reached by directing an e-mail to the
Copyright Agent at email@example.com, or by
letter sent postage prepaid to MaxBack, LLC, 2224 W. 50th Street, Erie, Pennsylvania 16506,
Attention: Copyright Agent.
10. Contests. We may sponsor contests from time to time, and you may send a contest
submission to us in order to be eligible to receive a prize. We will provide rules
for such contests on the Website.
11. Disclaimer of Warranties. THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES
AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS
OR WARRANTIES THAT USE OF THE WEBSITE, THE CONTENT OR PRODUCTS OR SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS
TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
12. Limitation of Liability. YOUR USE OF THE WEBSITE AND RECEIPT OF PRODUCTS AND/OR
SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL WE OR ANY THIRD PARTY PROVIDER OR ANY
OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR
LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES,
THE PRODUCTS, THE CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN
IN RELIANCE UPON ANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY,
NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR
UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Exclusion of Consequential Damages; Further Limitation of Liability.
IN NO EVENT
SHALL WE OR ANY THIRD PARTY PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE
ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES
OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE,
THE SERVICES, THE PRODUCTS, THE CONTENT OR THE USER CONTENT. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE
"DISCLAIMER OF WARRANTIES" AND "DISCLAIMER OF LIABILITY" SECTIONS MAY NOT APPLY TO YOU.
IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE
THAT THE ENTIRE LIABILITY OF MAXBACK UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU,
REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT,
TORT, OR WARRANTY) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND THAT AMOUNT SHALL BE
IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
14. Governing Law. The TOU shall be governed in all respects by the laws of the State
of Pennsylvania, USA, without reference to its choice of law rules. By accessing the
Website you understand and agree that all transactions take place in Erie County,
Pennsylvania and agree that the federal and state courts in Erie County, Pennsylvania
have exclusive jurisdiction over any disputes with MaxBack arising from or related to
your use of the Website or any of the products or services or Content or User Content
on the Website. You irrevocably consent and submit to the exclusive personal jurisdiction
of such courts, and you irrevocably waive any jurisdictional, venue or inconvenient
forum objections to such courts.
15. Statute of Limitations. Except for claims arising from your misuse of the Website
or the Content, or claims arising from the User Content, you agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Website, the Content or the TOU must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
16. Third Party Links. The Website may contain links to third party websites. We
make no representation regarding the content or accuracy of any website that you
may access through the Website. We do not monitor and are not responsible for the
content found on other websites that are linked from the Website. We do not endorse,
recommend or sponsor any linked website or the services, products or advice described
on such site, and we shall have no liability for its content, including its accuracy,
subject matter, quality or timeliness, or any personal information that you provide
to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements,
offers or other information or content expressed therein are those of the respective
author(s) or distributor(s), not of MaxBack.
17. Third Party Services. We may allow access to or advertise certain third-party
product or service providers ("Merchants") from which you may purchase certain
goods or services. You understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service. We are not a party to
the transactions entered into between you and Merchants. You agree that use of or
purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY
KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, policies (including privacy policies) and operating procedures of Merchants
will apply to you while on any Merchant sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent contractors and
neither party has authority to make any representations or commitments on behalf
of the other.
18. Security. We do not make warranties or representations regarding the security
of Content or User Content. Data sent over the internet may be intercepted by
third parties; if you are concerned about the security of your data, you should
not send it over the internet.
19. User ID and Password. If you are a registered user, you are required to have a
user ID and password to access certain areas of the Website. You are responsible for
maintaining the confidentiality of your user ID and password and are responsible for
all uses of them, regardless of whether the uses were authorized by you. We prohibit
the transfer or sharing of user IDs and passwords. You agree to immediately notify us
of any unauthorized use of your user ID or password or any other breach of security.
20. Termination. You agree that we may, in our discretion, and without prior notice,
immediately terminate your access to the Website.
21. No Third Party Beneficiaries. You agree that, except as otherwise expressly
provided in this TOU, there shall be no third party beneficiaries to this TOU.
22. Waiver. Our failure to exercise or enforce any right or provision of this TOU
shall not constitute a waiver of such right or provision.
23. Headings. The section and paragraph headings used in this TOU are inserted for
convenience only and will not affect the meaning or interpretation of this TOU.
24. Violation of TOU. We reserve the right to seek all remedies available at law and
in equity for violations of the rules and regulations set forth in this TOU, the Privacy
Policy, and if applicable the Sale Agreement (which are incorporated by reference),
including, but not limited to, the right to block access from a particular internet
address to the Website.
are incorporated by reference and made a part hereof) constitute the entire agreement
between you and us relating to the use of the Website. Additional terms and conditions
may apply when you enter contests, use any Third Party Services or access any linked
invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or
unenforceable provision shall be severable from the remaining provisions. Such invalid,
unlawful or unenforceable provision shall not affect the validity or enforceability of
assigned by you.
26. Contacting MaxBack. If you have Website questions, comments, or concerns, please
email firstname.lastname@example.org. Please include details of your
questions, comments or concerns
and your complete name and contact information.