By accessing, or using this internet site (“Site”), you agree to be bound by the following terms and conditions (“Terms”) that are established by MaxTon & Company (“MaxTon”), a Henan corporation with offices at Room 1304, Jiayi Eastern Building, South Zhongxin Road, Zhengdong New District, Zhengzhou, Henan, China., from time to time. This Site is intended for use by MaxTon, its dealers, its customers, its potential customers, its suppliers, and its other authorized users determined by MaxTon. If you do not agree to these Terms, please do not use this Site.
2. Revisions to Terms.
You acknowledge that, in its sole discretion, MaxTon may revise the Terms and the Content and materials on this Site at any time and without any prior notice to you. The Terms are subject to change by MaxTon at any time, effective when posted on the Site or effective as soon after posting as permitted under applicable law. Your continued use after such notice will constitute acceptance by you of such changes.
3. Rights in Content.
“Content” refers to any documents, text, images, video, interactive media, logos, symbols software or other materials on this Site. All Content is owned by MaxTon, its subsidiaries, its affiliates, or its licensors and is protected by copyright, trademark and other applicable laws. Except for the limited rights granted in these Terms, MaxTon does not grant you any express or implied license or rights in any Content or in any intellectual property rights of MaxTon, its subsidiaries, its affiliates, its licensors, or its Content providers.
4. Copyright Notice.
Unless otherwise noted on any particular Content, footer, header or work on this Site, Content on this Site is copyright © MaxTon 1998-2017. You agree that all copyright notices or proprietary labels on the Site or Content shall not be deleted, obscured, or modified.
Maxton’s black and silver color scheme, the letter marks as MaxTon are some of the trademarks of MaxTon & Company. You may not use MaxTon’s name or other trademarks, service marks, logos or symbols (“Marks”) in any advertisement, publication, online, or otherwise without the MaxTon’s prior written approval, unless authorized under applicable law and at your own risk of compliance with all aspects of applicable law.
6. End User License.
Subject to your compliance with the Terms, MaxTon grants you a non-exclusive, non-assignable, non-sublicensable, non-transferable limited license and rights: To access and display Content for your personal information or for commercial purposes authorized by MaxTon, solely on your own lawfully-programmed device to the extent that you qualify as an authorized user, and to access and display restricted Content solely on your lawfully-programmed device as a customer of MaxTon, its subsidiaries or its affiliates. The right to display Content on the Site excludes the right to publicly display any Content or publicly perform Content to an audience for a fee or for commercial purposes, unless otherwise agreed by MaxTon in a separate written agreement. Without the express written permission from MaxTon, you may not retransmit, copy, download, or modify any files from this Site, any Content or any modified versions thereof. MaxTon reserves all worldwide rights not expressly granted under the Terms. Any other use, copying, reproduction, modification, or distribution of Content of this Site not explicitly permitted herein is prohibited.
7. Marketing Materials.
Notwithstanding the above license grant, if MaxTon permits you to download or print a limited number of product brochures, service brochures, product data sheets, or other marketing materials for your personal informational use, MaxTon shall expressly identify the applicable marketing materials on the Site, which shall be subject to at least the following restrictions: (a) your use shall be limited to your personal informational use, (b) the copyright notice and any other applicable proprietary notice shall appear on the marketing materials, (c) the marketing materials shall not be modified, and (d) in its sole discretion, MaxTon may terminate or revoke such permission to use, download, or print the marketing materials at any time without prior notice and may require you to destroy the marketing materials under your control or in your possession. Notwithstanding the above license grant, authorized MaxTon dealers are permitted to electronically copy certain eligible marketing materials, such as MaxTon product brochures and any other materials identified in a separate agreement between MaxTon and such MaxTon dealer, published on this Site and to make print-outs thereof for the benefit and use by their customers and potential customers, provided that the copyright notice, along with any other applicable proprietary notice, appear on the materials and provided that the materials are not modified.
8. License Restrictions.
You may not interrupt or attempt to interrupt the operation of the Site or interfere with the proper operation of the Site. You may not create a mirror version of this Site. You may not hack, defeat or circumvent technical measures or security measures on this Site. You shall comply with all applicable laws including the Digital Millennium Copyright Act. You may not data mine, crawl or scan this Site with automated computer equipment, software or communications over the internet or any communications network. In its sole discretion, MaxTon may restrict the Site or restricted areas of the Site to selected users. Except as permitted by applicable law, you shall not, directly or indirectly, or cause any third party to: (a) sublicense, rent, lease, timeshare, sell, distribute, disclose, publish, assign or transfer any rights in any Content or software available on the Site; (b) translate, reverse engineer, decompile or disassemble any Content or any software available on the Site, (c) alter or remove any copyright or proprietary rights notices or legends appearing on or in the software, documentation or Content. If you download software from this Site as authorized by MaxTon from a non-public restricted area of the Site, you agree to be bound by any applicable separate software license agreement between you and MaxTon or its affiliates or licensors. Unless otherwise agreed, the terms and conditions of the separate software license shall supplement the Terms with respect to the licensed rights in the software and associated documentation and shall supersede the Terms if there is a direct conflict between the Terms and the separate software license. In its sole discretion, MaxTon can limit or terminate your access to this Site or Content without notice. Cumulative with other restrictions in the Terms, use, duplication, or disclosure of Content by the Chinese government, and its agencies, is subject to one or more of the following restrictions: (a) limited rights in Content that qualifies as non-commercial technical data, (b) restricted rights in Content that represents non-commercial computer programs.
If you link to this Site, in its sole discretion, MaxTon reserves the right to limit or redirect your link at any time, to delete the page or Content that you link to without prior notice to you. If you link to this Site, you shall not imply that MaxTon approves or endorses you, your website, your service or product, or any products or services of any third party. You shall not provide any false or misleading information about MaxTon on any website that you control or maintain. This Site may contain links to non-MaxTon sites. Any links to non-MaxTon sites are provided to you only as a convenience. Such linked websites are not under the control of MaxTon. To the full extent permitted under applicable law, MaxTon is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by MaxTon of the site, and MaxTon shall have no responsibility for information which is referenced by or linked to this Site.
10. Submissions to MaxTon.
You may send to MaxTon comments, questions, suggestions or ideas (“Submissions”) relating to this Site. If you do provide any Submissions that are not specifically indicated as confidential under a separate written agreement that is mutually accepted, you agree that such information or Submissions sent to MaxTon is not submitted on a confidential basis and that MaxTon is not obligated to keep such information or Submissions confidential and that MaxTon is not obligated to respond. To the maximum extent permitted under applicable law, MaxTon shall be free to delete, destroy or use the information or Submission you send to MaxTon in any manner, including but not limited to developing, manufacturing, and marketing products and services based on such information; MaxTon may also reproduce, disclose and distribute the information in your communication to others without limitatio n, subject to limiting any disclosure of personal information as required by MaxTon’s privacy and data statement.
11. Consent on Data Processing and Privacy and Data Statement.
If you provide personal information as a MaxTon customer, your personal information will be treated as set forth in the applicable MaxTon privacy and data statement. For example, you consent to MaxTon Parties storing, retrieving, managing, and using your personal information for purposes of providing and offering services and products to you, improving the products and services, and offering new products and services. Your consent under this Section 11 shall be revocable if required under applicable law and you consent to transfers of your Personal Information between MaxTon and any MaxTon Parties to this Release for the purposes set forth in these Terms.
12. Product and Services Availability.
This Site has been established primarily for the benefit and use of MaxTon & Company’s dealers, suppliers, customers and potential customers. Not all products or services referred to may be available, and MaxTon may change or discontinue the products or services described by this Site at any time. This Site may include inaccuracies, and the information in this Site may be changed periodically. Check with MaxTon before relying on any product-related information or service-related information found in this Site.
TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, THE MATERIAL ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MaxTon, its subsidiaries, its affiliates, its suppliers, its licensors and its content providers shall have no responsibility for errors or omissions in this Site. MaxTon does not warrant that functions contained on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server is free of viruses or other harmful components. These Terms solely apply to the Site and the Content on the Site; the warranties set forth in these Terms do not supersede or revoke any warranties or limitations of liabilities that apply to products and/or services offered or provided by MaxTon, its affiliates, its suppliers, or its dealers in separate written agreements.
TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES AND EXPENSES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, DEFAMATION, INVASION OF RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY, INTRUSION, FALSE LIGHT, PUBLIC DISCLOSURE OF PRIVATE FACTS, PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE OR ANY CONTENT ON THE SITE.
MAXTON SHALL HAVE NO OBLIGATION OR LIABILITY IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE SITE OR USE OF ANY CONTENT, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent authorized under the Terms, any material downloaded, uploaded or otherwise obtained through the use of this Site or software is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or business or loss of data that results from the download or upload of any such material or the use of this Site or software obtained from this Site.
15. Claims of Copyright Infringement.
Content may be made available via the Site or other MaxTon services by you or by third parties not within MaxTon’s control. MaxTon is under no obligation to scan content used in connection with the Site or other MaxTon services for the inclusion of illegal or impermissible content. However, MaxTon respects the copyright interests of others. In MaxTon’s sole and exclusive discretion, it is MaxTon’s policy not to permit materials that infringe another party’s copyright to remain on the Site or other MaxTon services. If you believe any materials on the Site or other MaxTon services infringe a copyright, you may provide MaxTon with written notice that complies with the Digital Millennium Copyright Act and at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All copyright infringement notices should be sent to MaxTon’s designated agent as follows:
MaxTon & Company
Attn: Compliance Department, Privacy Manager
It is MaxTon’s policy to terminate relationships regarding content with parties who repeatedly infringe the copyrights of others.
To the full extent permitted under applicable law, you agree to indemnify, defend and hold harmless MaxTon and its affiliates and their officers, directors, employees, contractors, and agents, and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms.
17. General Provisions.
Unless more specific or detailed agreements or provisions apply to your use, your transactions or your interaction with the Site, the Terms constitute the sole and entire agreement of the parties with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Notwithstanding any language to the contrary and subject to applicable law, the Terms shall incorporate by reference the MaxTon privacy and data statement and any applicable financial policies between MaxTon (or its constituents) for any financial services provided by MaxTon or its subsidiaries or affiliates.
If any term or provision of these Terms are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Terms or invalidate or render unen forceable such term or provision in any other jurisdiction. Any term or provision that is held to be invalid, illegal or unenforceable by a court of competent jurisdiction shall be severed from the Terms and the remaining terms and provisions shall remain in full force for purposes of the applicable jurisdiction.
To the full extent permitted under applicable law, the Terms are binding on and shall inure to the benefit of the parties hereto and their respective successors, heirs and assigns.
The parties agree that all matters shall be governed by and construed in accordance with the laws of the People’s Republic of China.
If there is any dispute between the parties regarding the contents of this Agreement or its execution, the parties shall resolve the matter as soon as possible. If the consultation fails, either party may bring a lawsuit to the people’s court where the surging location is located.