Terms of service
Max Care Health hereinafter referred to as “Max Care Health” is pleased to offer you facial coverings, masks, and other supplies. Please read these Terms and details before purchasing or using any supplies from Max Care Health.
By purchasing products or merchandise from Max Care Health, you, the “Purchaser,” and Max Care Health acknowledge both parties wish to conduct a mutually beneficial “Transaction.” By entering into any Transaction with Max Care Health, you certify the following:
-You are of the age of majority.
-You will not use any of our products or illegal or otherwise malicious actions.
This document shall hereinafter be referred to as these “Terms.”
- REFUND POLICY
Due to the risk of spreading viruses, Max Care Health does not accept any refunds or exchanges for any products sold. This policy extends to any defective, unwanted, or damaged merchandise. In lieu of all other remedies, Purchaser agrees to replacement facial coverings or supplies for any defective, damaged, or otherwise unsatisfactory products.
- All shipping charges and government taxes are non-refundable.
- Cancellations are only accepted for full-priced items, within 60 minutes after an order is placed. Please if you have to cancel your order for any reason reach out to us immediately at firstname.lastname@example.org if you are able to cancel within the given time frame. We process orders as quickly as possible so cancellations are time sensitive.
- DISCLAIMER OF WARRANTIES OR GUARANTEES
By agreeing to these Terms, you acknowledge and agree to the following:
– Max Care Health does not manufacture or alter merchandise in any way. Merchandise listed for sale are shipped exactly as received from the manufacturer.
– Max Care Health does not make any warranties, guarantees, or claims of fitness for a particular purpose or warranties of merchant-ability about any of the products listed for sale on www.Maxcarehc.com or sold through any other channels.
-KN95 masks, surgical masks, PPE masks, facial coverings, 3-Ply disposable masks, or any other form of masks or supplies listed on www.Maxcarehc.com are not proven to reduce your risk of contracting or spreading the SARS-CoV-2 virus, also referred to at “COVID-19.” Max Care Health makes no claims or warranties about the ability of any products sold to reduce a user’s risk of contracting or spreading any viruses.
-In no case shall Max Care Health, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Transaction or any products procured via the Transaction, or for any other claim related the Transaction or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the the Transaction or any content (or product) posted, transmitted, or otherwise made available via the Transaction, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
– Max Care Health is not responsible or liable for the validity of any claims, guarantees, or statements made by third parties linked on the website, MaxCareHc.com Please reach out to the linked third parties directly if you have any questions about the information provided.
– Max Care Health makes an effort to list the most accurate shipping and fulfillment times on the website, MaxcareHc.com. However, inaccuracies do occur. Max Care Health USA is not responsible or liable for any damages resulting from inaccurate or misstated shipping or fulfillment times.
-Purchaser will research and test any products delivered by Max Care Health to ensure compliance with listed standards before using any products. Max Care Health USA does not independently verify, test, inspect, or certify that products sold via the Transaction conform to or are in compliance with any standards listed or advertised including but not limited to KN95 and N95.
-You expressly agree that your use of, or inability to use, the products is at your sole risk. The service and all products and services delivered to you through the Transaction are (except as expressly stated by Max Care Health provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- ERRORS AND INACCURACIES
Occasionally there may be information on our Max Care Health or in the Transaction that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Transaction or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Transaction or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Transaction or on any related website, should be taken to indicate that all information in the Transaction or on any related website has been modified or updated.
You agree to and acknowledge the following:
Given the recent outbreak of SARS-CoV-2, commonly referred to as COVID-19, there has been an increase in demand for facial coverings and masks. In an attempt to supply customers with much-demanded facial coverings and masks, Max Care Health has opted to operate as a for-profit venture.
– Max Care Health USA may make a profit on the Transaction.
-If you have any questions about the pricing or profit margins of products listed for sale on Max Care Health, or sold through other channels, you agree to contact Max Care Health USA for pricing and profit details before entering into any Transaction.
- ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on Max Care Health or in respect to the Transaction constitutes the entire agreement and understanding between you and us and govern your use of the Transaction, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the these Terms.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- VENUE OF DISPUTES AND GOVERNING LAW
All product sales, descriptions, and Transactions are subject to the laws of the Texas, Dallas.
Purchaser agrees any disputes arising or as a result of this Transaction shall be resolved exclusively by arbitration in accordance with the laws of the state of Texas. The venue for arbitration shall be Texas, Dallas.
If any section, term or provision of these Terms shall be limited or modified, or held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity of the other sections, Terms and provisions shall not be affected thereby.
You agree to indemnify, defend and hold harmless Max Care Health and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or participation in any Transaction following the posting of any changes to these Terms constitutes acceptance of those changes.
- CONTACT INFORMATION
Questions about pricing or these Terms or the Transaction should be directed to:
Max Care Health
329 Locust street,
NY 11550, USA