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TERMS OF USE

Terms and Conditions of Use

This is a legal agreement (the "Agreement") between you, the individual, company or organization ("you," "your", or "Customer") and Kmax Sports, Inc. ("we," "our" or "Company"). By ordering, accessing, using or purchasing any product (collectively the "Product") through this website or related websites (collectively, the "Website"), you are agreeing to be bound by, and are becoming a party to, this Agreement. If you do not agree to the terms of this Agreement, do not use this Website or order Product. Your use of this Website means that you agree to the terms and conditions of this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product.

General

These terms and conditions apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.

Order Processing

Before we can ship your order, Kmax Sports has to verify order info, prepare your products, do strict quality-control tests and carefully package the items. The processing time is separate from the shipping time.

Shipping

Orders shipped to a PO Box must be shipped using USPS service, as FedEx cannot deliver to PO Boxes / APO / FPO / DPO. Depending on the shipping service and location, shipments can take up to 20 business days for delivery. Kmax Sports does not guarantee arrival dates or times due to customs clearance, bad weather etc. Kmax Sports does not refund, credit, or upgrade shipping for any reason.

Billing Errors

If you believe that you have been billed in error, please notify our Customer Service Department immediately. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement.

Your Representations

You represent that you are at least 18 years of age and that you will not permit a person under 18 to order Product from our Website. You represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You are not permitted to re-sell, re-distribute or export any Product that you order from the Website.

You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the Product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).

Limitation of Liability

To the maximum extent legally permitted, whether or not the Company was aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose, our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the products you ordered. Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. Subject to our return policy, the products are sold and delivered to you "as is" with no warranty whatsoever. Subject to our return policy, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.

Notices

Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.

Termination

We reserve the right to terminate your access to or use of this Website and/or your subscription to the Product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, Product returns, discounts or any other conduct designed to injure, harass or disrupt this Website or the Company’s business operations.

Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

Sales Tax

If you purchase any Products available on our websites, Kmax Sports doesn't charge any tax from you.

Intellectual Property Rights

The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product. The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish or transmit any portion of the Website without Company’s prior written consent. When you purchase or order any Product through this Website or from Company, you expressly agree that you do not have any license for the resale of any Product or copyrighted or proprietary image and that the resale of any Product or copyrighted or proprietary image is expressly prohibited.

Terms and Conditions of Sale

Kmax Sports' products are not labeled for resale, and are intended for the personal use of the Customer only. Commercial resale of Kmax Sports Products is strictly forbidden. The Customer hereby acknowledges and agrees that he or she is purchasing the Product for personal use only, and not purchasing the Product with intent to resell the Product. The Customer agrees that he or she will not use Kmax Sports as a drop shipper and that he or she will not enter order and shipment details on the Kmax Sports website such that Kmax Sports ships Products to his or her customers.

Foreign Transaction Fees

In some instances, billing for your Product, membership fee or shipping fee may originate from outside of the United States and in some occasions, your financial institution may charge a fee for processing this payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement. All transactions are processed in United States Dollars (USD). Kmax Sports is not liable for any import fee, duty or customs fee that may be applied to international orders.

Privacy Policy

Please see the separate Private Policy on our Website, which includes terms and conditions with respect to user reviews and testimonials.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.


Miscellaneous

Modifications. Company reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.