Welcome to the Maxmate® Tonneau Cover, Running Boards, Side Steps website (the “Site”) owned and operated by Maxmate (“Maxmate”, “we,” “us” and/or “our”). By accessing or using this Site, you (“you” or the “User”) signify that you have read, understand, acknowledge and agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), along with the Privacy Policy and any other rules, policies or procedures that may be published on the Site from time to time. If you do not agree to this Agreement, please do not access or otherwise use the Site.
1. About Maxmate
Maxmate is a company that specializes in automotive accessories such as tonneau covers, running boards, and side steps for trucks. We aim to provide quality products at affordable prices along with excellent customer service.
Our goal is for every customer to be 100% satisfied with their Maxmate purchase. Please contact us if you have any questions, concerns or suggestions. We value your feedback!
2. Acceptance of Terms
The following Terms govern your access to and use of the Site and constitute a binding legal agreement between you, the User, and Maxmate. Please read these Terms carefully before accessing, browsing or otherwise using the Site. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms as well as our Privacy Policy. If you do not accept these Terms, you must not access or use the Site.
We may revise these Terms from time to time, with the most current version being available on the Site. The revised Terms will become effective upon posting, so you should periodically visit this page to review the current Terms. Your continued access to or use of the Site after revisions to the Terms indicates your acceptance of the revised Terms.
You must be at least 18 years of age (or the age of majority in your jurisdiction) to sign up for an Account or use the Site. By accessing the Site or using the Services, you represent and warrant that you are at least 18 years old. If you are under 18, you may not access or use the Site or Services.
3. Site Access
While we make reasonable efforts to provide continuous access to the Site, we do not guarantee you will have continuous access. Access to the Site may be suspended without notice for any reason, including system failures, maintenance, repairs, upgrades or other circumstances.
We reserve the right to block or restrict access to the Site for any reason, including violations of these Terms, suspected fraud, unusual account activity or requests by law enforcement or government agencies. We may terminate your access to or use of the Site at any time and for any reason in our sole discretion.
You are solely responsible for maintaining the confidentiality of your login credentials for accessing the Site, and agree not to share your credentials or allow third parties to access the Site using your credentials. You must immediately notify us of any unauthorized use of your credentials or other breach of security. We will not be liable for any loss or damages arising from unauthorized use of your credentials prior to notification to us.
4. User Accounts
In order to access certain features and functionalities on the Site, you may need to register for an account (“Account“). When you register for an Account, you agree to provide accurate and complete information about yourself, and to promptly update any Account information if it changes.
You are solely responsible for all activities that occur under your Account, including any unauthorized use, so you should maintain the confidentiality of your login credentials. You must immediately notify Maxmate of any unauthorized Account use or other security concerns. Maxmate will not be liable for any loss or damages from unauthorized Account activity prior to notification.
You may not register for more than one Account, register on behalf of another individual, impersonate any person or entity, or transfer your Account credentials to any third party. Maxmate reserves the right to suspend or terminate Accounts at any time for any reason.
5. Use Restrictions
You agree to abide by the following restrictions on your use of the Site:
- You will not violate any applicable laws or regulations. This includes any local, state, national and international laws regarding your use of the Site and the content available on the Site.
- You will not copy, modify, reproduce, republish, frame, download, transmit, post, create derivative works from, or distribute in any way material from the Site without Maxmate’s prior written authorization. However, you may download, print or make one copy of Site content for your own personal, non-commercial use.
- You will not reverse engineer, decompile or disassemble any software, algorithms or other proprietary code available on the Site. This includes analyzing any meta data, caches or other non-displayed data obtained from the Site.
- You will not spam, solicit, advertise, or engage in other marketing, promotional or commercial activities on or through the Site, including using the Site to sell or advertise any third party products or services.
- You will not use any automated systems, bots or scrapers to access, collect data from or otherwise interact with the Site. This includes crawling, indexing, data mining, or testing the availability, security or performance of the Site.
- You will not introduce any malware, viruses, worms, Trojan horses or other harmful software code to the Site. This includes any code that may disable, damage, impair, erase, deactivate or otherwise disrupt the Site or any connected network, software, data, hardware or device.
- You will not defame, harass, abuse, threaten or defraud any other users of the Site. This includes offensive comments or conduct intended to provoke violence or incite hatred against others.
- You will not circumvent, disable or otherwise interfere with any security features or functionality of the Site, including features intended to protect the Site, users, or third parties.
- You will not provide inaccurate or misleading information to Maxmate or through your use of the Site. This includes intentionally submitting false or incorrect data through the Site.
- You will not falsely state, impersonate or misrepresent your affiliation with any person or entity, including masking the origin of your content or using a false identity.
- You will not use the Site to infringe the intellectual property or other rights of Maxmate or any third party. This includes copyright, trademark, patent, or publicity rights.
- You will not access, collect or use user data from the Site for any unauthorized purpose, including advertising, sending unsolicited communications or reselling user data.
- You will not interfere with the proper operation of the Site through any unauthorized means, including overloading, hacking, falsifying data or other manipulation.
Maxmate reserves the right to terminate any User’s access to the Site if we reasonably believe the User has violated these Use Restrictions, our Privacy Policy, or any other policies governing the Site. Maxmate also reserves the right to take appropriate legal action for violations of these policies.
6. User Content
The Site may allow you to upload, submit, post, transmit or otherwise make available content such as images, videos, comments, or other materials (“User Content”). You retain any copyright and other proprietary rights you hold in User Content that you post.
By uploading, submitting, posting or otherwise making User Content available on the Site, you grant Maxmate a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, copy, modify, transmit, display, distribute, perform, commercialize and incorporate such User Content into any Maxmate products, services, technologies, applications or other offerings.
You are solely responsible for any User Content you provide, and represent and warrant you have all necessary rights to make such User Content available. User Content must not violate the Use Restrictions in Section 5 above or any other Site policies. Maxmate may remove any User Content at any time in its sole discretion.
7. Privacy Policy
Please review our Privacy Policy which explains how we collect, use, and disclose information about you through your access, use, interaction and participation with the Site. The Privacy Policy is incorporated into these Terms by this reference.
8. DMCA Policy
Maxmate respects intellectual property rights and complies with the Digital Millennium Copyright Act (“DMCA“). For more information, please review our DMCA Policy.
9. Third Party Links and Content
The Site may contain links to or integrations with third party websites, apps and services (“Third Party Content“). We provide Third Party Content only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Content. Your use of any Third Party Content is at your own risk.
You acknowledge and agree that Maxmate shall not be responsible or liable, directly or indirectly, for any damage or loss caused by your use of or reliance on any Third Party Content available on or through the Site.
10. Warranty Disclaimers
The site and site content are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind, express or implied, statutory or otherwise, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Maxmate makes no warranty that (i) the site or site content will meet your requirements; (ii) the site will be available on an uninterrupted, timely, secure, or error-free basis; (iii) the site content will be up-to-date, complete, comprehensive or accurate; (iv) the quality of any products, services, content, information or other material obtained through the site will meet your expectations; or (v) any errors or defects in the site or site content will be corrected.
No advice, information or statement that we make should be treated as creating any warranty concerning the site or site content. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the site or site content. User reliance on any third party advertisements, information, products or services is at the User’s own risk and discretion.
11. Limitations on Liability
Under no circumstances shall Maxmate be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the site or site content. Your sole remedy for dissatisfaction with the site or site content is to stop using the site.
Maxmate shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from your use of the site or site content, including any third party sites or services accessed through links on the site, including, without limitation, any errors or omissions in site content or technical inaccuracies. We will not be liable for any loss, injury, claim, liability, or damage of any kind incurred as the result of any content posted by you or any other user or third party.
The limitations in this section shall apply regardless if the alleged liability is based on contract, tort, negligence, strict liability or any other basis. Some jurisdictions do not allow limitation of liability for certain damages, so some or all of these limitations of liability may not apply to you.
12. Indemnification
As a condition of your access and use of the Site, you agree to indemnify, defend and hold harmless Maxmate and our affiliates, officers, directors, agents, partners and employees from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Site or any breach by you of these Terms. You will cooperate fully with us in asserting any defenses available to Maxmate.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to principles of conflict of laws. You agree that any legal action or proceeding arising out of or related to the Site, Terms or your Maxmate account shall be brought exclusively in the state or federal courts located in Wilmington, Delaware. You consent to personal jurisdiction and venue in these courts and waive any objections based on inconvenient forum.
14. Severability
If any provision of these Terms is deemed unlawful, void or unenforceable for any reason, that provision shall be deemed severable and will not affect the validity or enforceability of the remaining provisions.
15. Entire Agreement
These Terms, including the Privacy Policy and other policies linked from these Terms, contain the complete understanding and agreement between you and Maxmate regarding the subject matter hereof. These Terms supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between you and Maxmate regarding such subject matter.
16. Questions?
If you have any questions regarding these Terms, the Site or your use of the Site, please contact us at:
Email: [email protected]
Phone: (800) 555-1234
Thank you for choosing Maxmate!