Welcome to the website for the AMAXY Beauty line of products. Please feel free to browse the website and its various features, but be aware that your use of the website is subject to the following terms and conditions (“Terms of Use”). If you do not agree with these Terms of Use, please do not use this website. Your use of this website constitutes your agreement to be bound by, and to act in accordance with, these Terms of Use.
This website belongs to AMAXY INC ("AMAXY," "we," "us" or "our"). Accordingly, AMAXY may, in its sole discretion and at any time, update, change or discontinue this website or any specific portion of the website (including these Terms of Use) without notice. As such, please visit this area each time you visit the website to keep up to date with the current terms regarding your use of the website. Your use of the website reaffirms your continuing agreement to the then-current Terms of Use.
AMAXY owns the copyright for all the material on the website or has the right to use same on the website. AMAXY also owns or has the right to use all trademarks, service marks, trade dress, the website's "look and feel", and trade names used on this website. No part of this website may be copied, reproduced, republished, uploaded, posted, transmitted, or disturbed in any way. Any modifications of its materials or use of its materials for any other purpose is a violation of AMAXY’s copyright and other proprietary rights. The use of such material on any other website or computer network without AMAXY’s written consent is strictly prohibited. Your use of the trademarks, service marks, trade names, and other intellectual properties of or on this website in any manner other than as authorized by these Terms of Use, or as otherwise authorized in writing by us, is strictly prohibited.
The products and services available on the website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Use or applicable law.
All comments, suggestions, graphics, ideas (including products and advertising ideas), and other information and materials you submit to AMAXY though this website will become and remain the exclusive property of AMAXY, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. Accordingly, you disclaim any proprietary rights in such submissions, and you acknowledge AMAXY’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now or in the future, without notice, compensation or other obligation to you or any other person. Moreover, AMAXY has no obligation to keep your submission confidential, and you acknowledge and agree that AMAXY will regard any such submission as non-proprietary and non-confidential.
AMAXY grants you a limited, revocable, and non-exclusive license to access and make non-commercial, personal use of the website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the website or any and/or all content or materials therein (except caching or as necessary to view the website); (c) make any use of the website or any and/or all of its content and materials other than for personal use; (d) modify, reverse engineer or create any derivative works based upon either the website or any and/or all of its content or materials; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all of its content or materials; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden on our website infrastructure. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website.
Any unauthorized use by you of the website or any and/or all of our content or materials shall automatically terminate the limited license set forth herein, without further notice, and without prejudice to any other remedy provided by applicable law or these Terms of Use.
AMAXY controls and operates this website from within the United States of America. AMAXY makes no representation that materials on this website are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.
This website may provide links to other websites that are not operated by AMAXY. These links do not mean that AMAXY endorses, approves, or sponsors any information available at the linked site or any products that may be sold there, nor is AMAXY liable for any damage that might result from your use of such information or products. Your linking to or from any off-website pages or other websites is at your own risk.
AMAXY attempts to be as accurate as possible when describing the AMAXY products on the website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the website are accurate, complete, reliable, current or error-free.
The material in this website (including any graphics, recommendations, product descriptions, or other material) or any materials or products made available through this website are provided “as is” and without warranties of any kind, express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMAXY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AMAXY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR PRODUCTS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. The materials in this website could include technical inaccuracies or typographical errors. This material could be inaccurate or become inaccurate as a result of certain developments occurring after the respective dates of the material contained in this website. AMAXY undertakes no obligation to verify or maintain the currency of such information.
AMAXY endeavors to maintain this website and its operation, but is not, and cannot be, responsible for any defect that may exist in the website or its operations. AS TO THE OPERATION OF THE WEBSITE, AMAXY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AMAXY MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECT AND ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. You (and not AMAXY) assume the entire cost of all services, repairs, or corrections that may be necessary for your computer equipment and software as a result of viruses, errors or any other problems whatsoever you may have as a result of visiting this website.
Applicable law may 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 or exclusions may not apply to you. However, IN NO EVENT SHALL AMAXY’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF $100 (U.S.) FOR ACCESSING THE WEBSITE, PURCHASING AMAXY PRODUCTS, OR OTHERWISE USING THE WEBSITE IN ANY MANNER WHATSOEVER.
YOU AGREE THAT NO CLAIM OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE, YOUR PURCHASE OF AMAXY PRODUCTS, OR THESE TERMS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
AMAXY may from time to time monitor or review discussions, chats, postings, and other transmissions on this website. However, AMAXY is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmission or for any error, defamation, libel, slander, omission, falsehood, pornography, profanity, danger, illegality or inaccuracy contained in any such information. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane materials or any other materials that could be considered or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any other laws. AMAXY will fully cooperate with any law enforcement authorities or court order requesting or directing AMAXY to disclose the identity of anyone posting such information or materials. AMAXY may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of AMAXY, its employees, customers, or the public.
You agree to indemnify, hold harmless and defend AMAXY, its members, directors, officers, employees and agents, from and against any action, cause, claim, damage, debt, demand or liability including costs and reasonable attorneys’ fees, asserted by any person, arising out of or related to: (i) these Terms of Use; (ii) your use of this website, including any data or materials downloaded, transmitted or received by you; (iii) any libelous, slanderous, indecent or other statement concerning any person made or republished by you; and (iv) your use of software robots, crawlers, or similar data gathering and extraction tools.
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of California, without reference to its conflict of law principles.
Any dispute relating in any way to your visit to, or use of, the website shall be exclusively submitted to confidential arbitration in Beverly Hills, California and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, or we otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Terms of Use, whether through class arbitration proceedings or otherwise.
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms of Use refer from us electronically including without limitation by e-mail or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at customerservice@amaxybeauty.com, and discontinue your use of this website, in which event all rights granted to you pursuant to these Terms of Use, including but not limited to the limited license set forth above shall automatically terminate.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications.
You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. If any conflict exists between any provision of these Terms of Use and any applicable statute, law, regulation of ordinance, the latter will prevail, but in such event, the affected provision of these Terms of Use will be modified or limited only to the extent necessary to bring it within such legal requirements. No failure on the part of AMAXY to enforce any part of these Terms of Use shall constitute a waiver of any of AMAXY’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by AMAXY nor the reliance of any person on AMAXY’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of AMAXY shall have any legal effect whatsoever.
