Thank you for shopping at stylebymax.com, operated by Max’s, LLC!  We appreciate all of our customers and are pleased to now offer online shopping at stylebymax.com.  Below you will find Max’s online policies, terms and conditions.  By using this website, setting up an account with Max’s, or placing an order, you agree to the following terms and conditions and consent to the collection and use of your personal information according to these policies.  You also assume responsibility for keeping track of any updates or changes to these policies, terms and conditions. USE OF THE WEBSITE Users who violate these Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion.  By using this Website, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law.  Your use of the Website is also subject to the following obligations:

a. You agree not to send unsolicited commercial email to Users.  In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;

b. You agree not to delete, edit or revise any material posted by any other person or entity.  You will not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms of Use.

c. You agree not to interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users.

You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented by the Website, or the servers and network associated with the Website.  Any unauthorized use terminates the permission or license granted by Max’s, in addition to all rights at law or in equity. You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with this Website any material that is unlawful or for illegal activity.  You agree not to use this Website to do any of the following:

a. Violate any applicable federal, state or local law, rule or ordinance;

b. Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise unlawful;

c. Advocate illegal activity or an intention to commit an illegal act;

d. Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;

e. Email or transmit content that infringes on the trademarks, copyrights, intellectual property, proprietary information, or the right of any entity or person;

f. Advertise or otherwise engage in any commercial endeavor without Max’s explicit, written permission; or

g. Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.

Max’s reserves the right to monitor the use of this Website to determine compliance with the Terms of Use, to refuse to accept submitted information for any reason, and to suspend or terminate your access to the Website, for any or no reason and at any time.  Max’s further reserves the right to seek any remedy available at law or in equity for any violation of the Terms of Use.  You remain solely responsible for the content of your submissions and acknowledge and agree that Max’s shall not be liable to you or to any third party if Max’s refuses to accept your submitted information or terminates your access to the Website. Max’s may cooperate with any law enforcement authorities or court order requesting or directing Max’s to disclose the identity of any posting any email messages, or publishing or otherwise making available any materials that are believed to violate the Terms of Use.  You agree to waive and indemnify and hold Max’s harmless from and against any and all claims whatsoever resulting from or in connection with any action by Max’s regarding any investigations either by Max’s or law enforcement authorities. Protection of Intellectual Property Max’s owns any and all intellectual property rights to the Max’s brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and / or other Text and Graphics that has or provides the “look and feel” of the Max’s brand image, as well as all of the Text, Graphics, Programming, photographs, video and audio contained in the Website (the “Intellectual Property”).  Your use of the Website does not grant you any rights or licenses relating to Max’s Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of use.  All product names, names of services, trademarks and service marks (“Marks”) are the property of their respective owners, as indicated.  None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. Max’s and/or its artists reserve all rights to the products sold on the Website, and you are prohibited from copying any of the products displayed on the Website, reselling products purchased from the Website for commercial purposes, or developing derivative works from the products sold on the Website.  This section is not intended to restrict customers from selling their jewelry items to other individuals occasionally after they are finished wearing the items. You may not collect listings of products, prices, descriptions, use any portion of the content in any derivative way, download, or copy information or other matter for use of any other party. You are granted a limited non-exclusive license to view the Website solely for your personal, non-commercial use and only for the purpose of shopping on the Website.  The Website may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website.  Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Website, unless you have Max’s express written consent. MAX’S ONLINE REWARDS We love our customers, and think you deserve a reward for shopping online with us! It’s easy – after creating an account with us, you’ll earn $10 in rewards for every $100 that you spend! Rewards will be issued in the form of a gift card, and mailed semi-annually in February and July to the address we have on file for you. Gift cards act as cash, do not expire, and can be used for anything either online or in-store at Max’s. Rewards earned online are separate from Max’s in-store rewards and, therefore, the in-store rewards policy does not apply to online purchases. USE BY CHILDREN We recognize the importance of children’s safety and privacy.  The Website is not designed to attract children and is not intended for use by any children under the age of 13.  We do not request, or knowingly collect, any personally identifiable information from children under the age of 13. DISCLAIMERS Max’s does not directly process payment for any orders submitted through the Website.  All payments from online orders are handled by Paypal.  By submitting an order through the Website, you agree Max’s is not responsible for handling, processing, or keeping secure your credit card, debit card, or other payment information. For your convenience, the Website may contain links to other websites.  We are not responsible for the privacy practices, advertising, products, or content of such other websites. Max’s does not assume any obligation to review or monitor the content or other information submitted through the Website.  You assume all risk relating the accuracy of the information submitted.  However, we may in our discretion review information submitted by you for any purpose, and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever. DISCLAIMER OF WARRANTIES Max’s disclaims any and all express and implied warranties whatsoever, including without limitation, the warranties of merchantability, title, non-infringement of third party rights, and fitness for a particular purpose.  Your use of this website and reliance on any of its content is at your own risk.  This website is provided “as is” without any warranty whatsoever. Max’s does not warrant the functions or content contained in this website will be uninterrupted or error free.  Max’s does not warrant or make any representations whatsoever regarding the use, or the result of use, of the content of the Website related to accuracy, reliability or otherwise.  The content of this Website may include errors (including, without limitation, technical or typographical errors), and Max’s may make changes or improvements to this Website at any time.  Neither Max’s nor any other person or entity associated with the design or maintenance of this Website shall be held liable or responsible in any way for any damage, loss, injury, or malfunction associated with your use of this Website. Some jurisdictions do not allow the exclusion of certain warranties.  Therefore some of these exclusions and or disclaimers may not apply to you. RELEASE AND INDEMNIFICATION You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release Max’s and its officers, owners, directors, employees, contractors, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with your use of this Website or the use of any information accessed by you from this Website. You agree to indemnify and hold Max’s and its subsidiaries, affiliates, officers, owners, agents, employees, contractors, and artists harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit and collection, made by any third party due to or arising out of your use of this Website, information you submit, transmit or otherwise make available via this Website, or your breach of any provisions of these Terms of Use and Privacy Policy. LIMITATION OF LIABILITY In no event shall Max’s and its subsidiaries, affiliates, officers, owners, agents, employees, contractors, artists, agents, suppliers, or representatives be liable for any incidental, consequential, punitive, indirect or special damages (including lost profits and damages or viruses that may infect your computer equipment), whether based on warranty, contract, tort, or other legal theory, and whether or not Max’s advised you of the possibility of such damages.  Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in this paragraph may not apply to you.  The maximum liability of Max’s to you for any type of damages shall be limited to the actual amount paid by you for any products or services offered on the Website. PROCEDURE FOR MAKING OR RESPONDING TO INFRINGEMENT CLAIMS We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable.  In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to Website’s designed agent noted below (the “Designated Agent”).  If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent. In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of copyright work, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) 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 the Website to locate the material; (4) information reasonably sufficient to permit the Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) 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. The Designated Agent for notice of claims of copyright infringement can be reached as follows: By mail:  Online Manager, Max’s, The Shops at Excelsior & Grand, 3826 Grand Way, St. Louis Park, MN  55416. By E-mail:  online@stylebymax.com If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material.  Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it. MISCELLANEOUS These Terms of Use and Privacy Policy constitute the entire agreement between you and Max’s governing your use of this Website.  Your use of this Website and disputes arising from, relating to, or in connection with this Website shall be governed by the laws of the State of Minnesota, without giving any effect to conflict of laws provisions.  By accessing this Website, you agree that any action or proceeding arising out of, relating to, or in connection with this Website shall be brought solely in Minnesota, and you agree to submit to the personal and exclusive jurisdiction of the courts located in Minnesota.  You hereby waive any defense of an inconvenient forum with respect to such proceeding.  The failure of Max’s to enforce any rights or provisions in these Terms of Use and Privacy Policy shall not constitute a waiver of such rights or provisions.  The terms of these Terms of Use and Privacy Policy are separable, and if any provision is found to be invalid, illegal or unenforceable, the remaining terms and provisions shall remain in full force and effect.