Privacy Policy

BUYMAX PRIVACY POLICY

BuyMax thanks you for accessing its web site (the “Site”). BuyMax wants to assure you that BuyMax respects your privacy. BuyMax knows that trust is the key to any successful business relationship. The following Privacy Policy describes BuyMax’s commitment to protect its members’ personal and business information.

This Privacy Policy explains how BuyMax collects, uses and discloses its members’ personal and business information. This Privacy Policy also explains the steps BuyMax has taken to ensure that its members’ personal and business information is secure. Finally, this Privacy Policy explains to members their choices regarding the collection, use and disclosure of their personal and business information.

THIS PRIVACY POLICY APPLIES ONLY TO THE PERSONAL AND BUSINESS INFORMATION COLLECTED FROM THIS SITE. THIS PRIVACY POLICY DOES NOT APPLY TO BUYMAX’S OFFLINE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL AND BUSINESS INFORMATION WHICH MAY BE SUBJECT TO A DIFFERENT PRIVACY POLICY.

BUYMAX IS NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY PRACTICES ON ANY NON-BUYMAX WEB SITES TO WHICH THIS SITE LINKS. 

INFORMATION COLLECTION AND USE 

1. Information Collection. BuyMax collects information from its members at several different points and in different ways on this Site. BuyMax will ask Site authorized users for their permission before BuyMax collects any information that personally identifies them or their business, or allows BuyMax to contact them or their business. The person providing the information must be at least 18 years of age. The person providing the information has received all required consents in order to provide the information. BuyMax’s goal in collecting and using personal and business information from each user and/or each user’s organization is to provide each user with an efficient, meaningful and customized experience by: 

    ● making this Site easier for users to use by not having to enter information more than once.

    ● helping users quickly find information and services.

    ● helping BuyMax create content on this Site that is most relevant to users.

    ● alerting users to updated information and services offered by BuyMax.

   (a) Registration. To use this Site a user may be required to first complete an online registration form. During registration each user will be prompted to provide to BuyMax certain personal and business information, and possibly credit reference information, including without limitation, a user’s name, business address, business phone number and business e-mail address. In addition, BuyMax may also ask each user for their country of residence and/or your organization’s country of operation so BuyMax can comply with applicable privacy laws and regulations.

   (b) Ordering. BuyMax requests certain personal and business information on its electronic product ordering form. If a user orders a product through this Site on behalf of user’s organization, the user will be prompted to provide to BuyMax certain personal and business information, including without limitation, the buyer’s name and shipping address, and possibly financial information, including without limitation, company P.O. number, vendor account number, credit card number and expiration date. These kinds of personal and business information are used for billing purposes and to fulfill a customer’s orders. Additionally, if BuyMax has a problem processing a customer’s order, BuyMax uses the personal and business information to contact the customer. 

   (c) Cookies and Other Technology. BuyMax may collect aggregated site-visitation statistical information through “cookies” and other technology, such as clear GIF technology which is also known as a “web beacon”. Such aggregated statistical information is non-personal and non-business information. This Site employs cookies and web beacons to speed your navigation of the Site, recognize each user and its access privileges, and tracks a user's site usage. 

 (i) "Cookies" are small pieces of information that are stored by a user's Internet browser on a user's computer's hard drive. Most Internet browsers are initially set to accept cookies. A user can set his or her browser to refuse cookies, but the user will not be able to access or use portions of this Site. THIS SITE’S COOKIES DO NOT HAVE THE CAPABILITY OF INFILTRATING A USER'S HARD DRIVE AND GATHERING A USER'S PERSONAL AND/OR BUSINESS INFORMATION. 

 (ii) “Web beacons” assist in delivering cookies and help BuyMax determine whether a web page on this Site has been viewed and, if so, how many times. For example, any electronic image on this Site, such as an ad banner, can function as a web beacon.

    (d) Log Files. The Site server automatically recognizes the Internet URL from which you access this Site. BuyMax may also log your Internet protocol ("IP") address for system administration and troubleshooting purposes. (An IP address indicates the location of your computer on the Internet.) BuyMax does not link an IP address to any personally identifiable information. 

 2. Information Use and Disclosure. 

    (a) Internal Use. BuyMax may identify a user in connection with its use of certain aspects of this Site. For example, BuyMax may identify a user company’s contact person, company name, address, and telephone number. BuyMax may internally use a user’s personal information and business information to improve BuyMax’s marketing and promotional efforts, to improve the Site’s content and/or layout, and to determine general marketplace information about visitors to this Site. 

    (b) External Use. BuyMax has relationships with many vendors who provide the products available for sale through this Site. BuyMax does not generally sell, rent, license or otherwise disclose a user’s personal and business information or financial information to any third parties, BUT BUYMAX DOES DISCLOSE the company’s contact person, company name, address and telephone number: (1) to its vendors; and (2) to outside companies that ship products, process customer orders or process financial transactions (collectively the “Third Parties”) and such Third Parties cannot further communicate the personal information other than for commercial purposes. Moreover, BuyMax may disclose personal and business information in response to a valid court or governmental order or if BuyMax is otherwise required or permitted to disclose such information by law. 

DATA SECURITY 

 This Site incorporates various physical, electronic and administrative procedures to safeguard the confidentiality of a user’s personal and business information. WHILE BUYMAX HAS TAKEN EVERY COMMERCIALLY REASONABLE PRECAUTION TO SAFEGUARD YOUR PERSONAL AND BUSINESS INFORMATION, BUYMAX CANNOT GUARANTEE COMPLETE SECURITY BECAUSE COMPLETE SECURITY DOES NOT PRESENTLY EXIST ON THE INTERNET. 

OPT OUT/CORRECTIONS

Upon a user’s request and provided that BuyMax is satisfied with the authority of the person making the request, BuyMax will, within 30 days after the request, (a) give access to the user’s file (b) remove the user’s personal and business information from BuyMax’s database (which might cancel any subscription to this Site or a portion of this Site); (c) correct or update such personal and business information; or (d) provide a copy of the user’s file at a cost of. A user can request that BuyMax remove, correct or update the personal and business information by logging into the website and changing the company’s profile, by sending an e-mail to support@4buymax.com US Mail – BuyMax L.L.C.,50 Central Avenue, Suite 920, Sarasota, Florida 34236, or fax 941-552-5102. 

UPDATES TO THIS POLICY 

If BuyMax decides to change or update this Privacy Policy, BuyMax will post changes and updates on this Site so that its users will always be aware of what information BuyMax collects, uses and distributes. BuyMax encourages each user to review this Privacy Policy from time to time so they will know if the Privacy Policy has been changed or updated. Send questions about BuyMax’s Privacy Policy to support@4buymax.com, US Mail – BuyMax L.L.C., 50 Central Avenue, Suite 920, Sarasota, Florida 34236, or fax 941-552-5102. Toll free: 877-428-9629.

   e) If this Agreement is executed by an Authorized User, each Authorized User represents and warrants to BuyMax LLC that he or she is at least 18 years of age and has the authority to accept the terms and conditions of this Agreement on behalf of the Member organization it represents.

2. Binding Agreement 

BuyMax and Member each acknowledge and agree that a printed version of this Agreement and of any notice given in electronic form hereunder will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records. BuyMax recommends that Member print a copy of this Agreement for its records.

3. Modification of Terms and Conditions 

The provisions of this Agreement may not be modified, revised or amended, and none of its provisions waived, except in a record authenticated by BuyMax. If BuyMax modifies, revises or amends this Agreement, it will notify Member by posting a notice on the Site prior to the effective date of such modifications, revisions or amendments (collectively, "Changes"). Member will have an opportunity to manifest its assent to such Changes or to notify BuyMax that it does not accept such Changes. If Member does not accept such changes, BuyMax shall have the right to terminate Member's rights under this Agreement and deny Member access to and use of this Site.

4. Modification of Site

BuyMax may, at any time and in its sole discretion, modify, revise or otherwise change this Site (including without limitation adding or discontinuing any or all services or transactions offered through this Site), in whole or in part, without notice or liability to Member.

5. Use and Protection of Password and ID

   (a) BuyMax may assign a password and account ID to Member so it can access and use certain areas of this Site. Each user who uses such password and ID will be deemed to be authorized to access and use this Site and BuyMax has no obligation to investigate the authorization or source of any such access or use. MEMBER ACKNOWLEDGES AND AGREES THAT IT WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND ID ORIGINALLY ISSUED TO MEMBER WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY MEMBER, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE. 

   (b) Member is solely responsible for protecting the security and confidentiality of the password and ID. Member shall immediately notify BuyMax of any unauthorized use of the password or ID, or any other breach or threatened breach of this Site's security.

6. Licenses

   (a) Subject to the terms and conditions of this Agreement, Member is granted a limited, revocable, non-exclusive and non-transferable license, without the right to sublicense, to access and use this Site only for (i) displaying this Site on Member's Internet browser; and (ii) printing or copying portions of this Site. 

   (b) Member's access and use of this Site is further limited to personal, internal and non-commercial purposes only. Except as permitted in the limited license set forth in paragraph (a), above, Member shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site. Member may not upload to, or distribute or otherwise publish through this Site any Content, information, or other material that (i) violates or infringes the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, and other proprietary rights; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

7. Submissions 

BuyMax is pleased to hear from its Members and welcomes comments regarding its services. BuyMax, however, has a policy that it does not accept or consider creative ideas, suggestions or materials from Members other than those it has specifically requested pursuant to an agreement. BuyMax hopes that Members understand that the purpose of this policy is to avoid the possibility of misunderstandings about BuyMax's future product or service offerings. Members should not submit anything to BuyMax or post anything to the Site, including without limitation, ideas, know-how, techniques, questions, comments, and suggestions (collectively, "Submissions"). If Member makes Submissions to BuyMax, then, subject to the Privacy Policy, such Submissions are and will be treated as non-confidential and nonproprietary. BuyMax shall have the exclusive, royalty-free, worldwide, perpetual and transferable right to use, copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of BuyMax and shall not be returned to Member.

8. Availability and Use of Site

Member is solely responsible for obtaining and paying for all hardware, software, peripherals, devices and services necessary for Member to access and use the Site. The availability of this Site depends on many factors, including some factors that are beyond BuyMax's control, such as Member's connection to the Internet and the Internet backbone. BuyMax shall not be liable to Member if Member cannot access or use this Site due to any reason beyond BuyMax's direct control.

 9. Termination; Effect of Termination 

   (a) In addition to any other legal or equitable remedies, BuyMax may, without prior notice to Member, immediately terminate this Agreement or revoke any or all of Member's rights granted under this Agreement. Member may terminate this Agreement by contacting BuyMax at: support@4buymax.com or by calling (877) 428-9629 EDT.

   (b) The parties have considered that they may incur expenses in preparing for performance of this Agreement and that one or both parties may incur expenses and suffer losses as a result of termination, and have nevertheless agreed that neither party shall be liable for any damages arising solely from the proper termination of this Agreement under this section.

   (c) Upon any termination, cancellation or expiration of this Agreement, Member shall immediately cease all access to and use of this Site and BuyMax shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account ID(s) issued to Member (and all Authorized Users) and deny the Member's (and all Authorized Users' ) access to and use of this Site, in whole or in part. Any termination, cancellation or expiration of this Agreement shall not affect the respective rights and obligations (including without limitation payment obligations) of the parties arising before the date of termination. 

   (d) The provisions of Sections 1, 2, 7(b), 8, 9, 10, 11, 12, 15, 16, 20, 21, 22, 24 and 25 shall survive the termination, cancellation or expiration of this Agreement.

10. Intellectual Property 

   (a) U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Site, and any unauthorized access to or use of this Site may violate such laws. BuyMax shall aggressively enforce its intellectual and proprietary rights to the fullest extent of the law.  

   (b) All information and data that is part of this Site, including without limitation, text, graphics, photos, illustrations, images, video and audio clips (collectively, "Content") and all trademarks, service marks, trade dress, logos and tag lines displayed on this Site (collectively, the "Marks") are the sole and exclusive property of BuyMax or third parties. Member is not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual or proprietary right of BuyMax or any of the goodwill associated with any of the foregoing. To the extent that Member uses any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual or proprietary right of BuyMax, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of BuyMax. 

   (c) Member shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site.

11. Notice of and Procedure for Copyright Infringement

   (a) BuyMax respects other's intellectual and proprietary rights, and expects Member will do the same. In accordance with the Digital Millennium Copyright Act, BuyMax has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If Member believes that its copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send BuyMax's Designated Agent a notice containing the following elements: 

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;

(2) A description of the copyrighted work(s) that Member claims is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Web site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);

(3) A description of where the material that Member claims is/are infringing is/are located on this Site, including the URL, so that BuyMax can locate the material;

(4) Member's address, telephone number and email address;

(5) A statement that Member has a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and

(6) A statement by Member, under penalty of perjury, that the above information is accurate and that Member is the copyright owner or is authorized to act on behalf of the copyright owner.

(b) Send the notice containing the above information to the following Designated Agent: 

   Name of Designated Agent: Mark Westphal

   Mailing Address:    Plaza Five Points, 50 Central Avenue, Suite 920, Sarasota, FL 34236

   Telephone number: 877-428-9629

   Fax number: 941-552-51022

    E-mail Address: mwestphal@4buymax.com

NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING BUYMAX THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO BUYMAX'S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED "CONTACT INFORMATION".

12. Links To Other Internet Sites 

This Site may contain links to Internet sites owned, operated or maintained by third parties not under BuyMax's control. These links are provided for Member's convenience of reference only. Such links are not and shall not be deemed to be BuyMax's endorsement of the organization or individual associated with the linked site. Member assumes sole responsibility and liability for its use of such linked sites.

13. Links to this Site 

Member must obtain BuyMax's prior consent for any link(s) to this Site.

14. Warranty Disclaimer; Limitation of Liability 

(a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN "AS-IS" and "AS AVAILABLE" BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. BUYMAX DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. BUYMAX DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. 

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUYMAX, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS/MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF BUYMAX HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. 

(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUYMAX'S TOTAL LIABILITY TO MEMBER FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY MEMBER TO BUYMAX FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO BUYMAX'S LIABILITY.

15. Indemnity 

Member agrees to indemnify, defend and hold harmless BuyMax, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders/members, employees and agents from and against any and all claims, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Member's access or connection to, or use of this Site, including without limitation, claims arising out of information or content submitted to this Site by Member, Member's violation of a third party's intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by Member of the terms and conditions of this Agreement. BuyMax reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member, and in such case, Member agrees to cooperate with BuyMax's defense of such claims.

17. Relationship of Parties 

Member acknowledges that no joint venture, partnership, employment, or agency relationship exists between the Member and BuyMax as a result of this Agreement or any use of this Site. Member agrees not to hold itself out as a representative, agent, or employee of BuyMax and BuyMax shall not be liable for any representation, act or omission by Member to the contrary.

16. Assignment

Member shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of its rights, interests or obligations under this Agreement, and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of BuyMax's successors, assigns and licensees.

17. Injunctive Relief; Remedies

    (a) Member agrees that BuyMax's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that BuyMax shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that BuyMax may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys' fees.

    (b) All rights and remedies granted to BuyMax under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to BuyMax at law or in equity.

     21. Governing Law and Jurisdiction; Limit on Commencing Actions

    (a) This Agreement is governed by the laws of the State of Florida, U.S.A. without regard to its conflicts of laws principles. Member consents to the exclusive jurisdiction and venue of the state and federal courts in Sarasota, Florida U.S.A. in all disputes arising out of or relating to the use of this Site. 

    (b) Member must commence any cause of action or claim against BuyMax within one (1) year after the cause of action or claim arises, otherwise Member agrees that its cause of action or claim shall be barred.

18. International Access

This Site can be accessed from countries other than the United States. This Site may contain products or services, or references to products or services, which are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. Member is solely responsible for complying with all applicable laws and regulations, including without limitation, those relating to export control.

19. Contact Information 

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site by e-mail to support@4buymax.com or by regular mail to BuyMax, LLC, Plaza Five Points, 50 Central Avenue, Suite 920, Sarasota, FL 34236. 

20. Reservation of Rights

BuyMax reserves to itself any and all rights not expressly granted herein.

21. Execution of Agreement 

Member acknowledges that it has read each of the terms and conditions of this Agreement, fully understands the consequences of entering into this Agreement, intends to be bound by the terms and conditions of this Agreement and is not under any duress, economic or otherwise, to agree to and accept this Agreement in form and substance.