Terms of Use
This online document (the “Agreement”) is a legally binding agreement between you and The Collateral Lender, Inc., a California Corporation, doing business as (“dba”) Maxferd.com also dba Maxferd Jewelry & Loan (collectively, “COMPANY”), that governs your use of COMPANY’s website (the “Site”) or any goods, services and content provided in connection with the Site. Please note that by using the Site you hereby agree to the terms and conditions of this Agreement and the Privacy Policy and confirm that you are at least 18 years of age and, that any registration information that you submit to COMPANY is true, accurate and complete, that you will update such information in order to keep it current, that you will safeguard your username and password and that you will be responsible for all activity of your account. Other than purchasing and inquiring about products offered for sale and services provided by the COMPANY, the Site is made available for your personal, non-commercial use only. You may not use the Site to sell a product, services, or to increase traffic to your web site for commercial reasons, such as advertising sales. You may not take the results from any type of web search (e.g. product search) and reformat and display them, or mirror the web site homepage or results pages on your web site. If you do not agree to the terms and conditions of the Agreement, you may NOT use the Site or the Service and must immediately leave the Site and cease all use of the Service and the Site.
1. Changes to the Agreement and Notices
COMPANY may, in its sole discretion and without prior notice, make changes to this Agreement, modify the Site, Products and/or Service, and discontinue the Site, Products and/or Service at any time. Changes will be communicated to you by posting the new version of the Agreement on the COMPANY Websites or as otherwise determined by COMPANY in its sole discretion and shall be effective immediately on such posting. Your acceptance of and/or continued use of the COMPANY Site or Service after changes to this Agreement are posted will constitute your acceptance of such changes. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. You may also be asked to re-acknowledge and re-accept this Agreement following any material changes.
2. Privacy Policy
A complete statement of COMPANY’s current Privacy Policy can be found by clicking here . COMPANY’s Privacy Policy is expressly incorporated into this Agreement by this reference.
3. Registration
In order to purchase products from the Site you agree to register following the instructions on the Site. You agree to provide accurate and current information and not to register for someone else, and not to provide any information other than that which belongs to you. The content and posted information is provided “as is” and “as available”. Your registration with the COMPANY may not be transferred or sold to another party. If you register as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you register as an individual, you represent and warrant that you are at least 18 years of age and are able to enter into a legally binding contract. Membership is void where prohibited.
COMPANY reserves the right to reject your participation, or remove you from your current participation in the Site at any time and for any reason whatsoever, and without notice.
COMPANY will not and does not control or guarantee the quality, accuracy or safety of the products or services offered.
4. Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify COMPANY of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. COMPANY will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal and information.
5. Risk of Loss
All items purchased from COMPANY are made pursuant to a shipment contract, therefore, the risk of loss and title for such items pass to you upon COMPANY’s delivery to the carrier.
6. Products; Products Sold “As Is”
The goods sold on the Site are not subject to any third party encumbrances. The goods sold on the Site are sold on an “as is” basis. You agree that upon making a purchase through this Site, you will be taking the goods “as is”, with any and all latent and patent defects and that there is no warranty by COMPANY that the goods are fit for a particular purpose. You acknowledge that you are not relying upon any photos, videos, representations, statements, or other assertions by COMPANY with respect to the goods’ condition, but relying on your own knowledge regarding the goods and the entire risk as to the quality and performance of the goods is with you, the buyer. Should the goods prove defective following their purchase, you, the buyer, and not the manufacturer, distributor, or retailer assumes the entire cost of all necessary servicing or repair.
7. Product Descriptions
The descriptions of services and goods provided on the Site are for informational purposes only, and the content, information, documents, graphics, images published on the Site could include inaccuracies, typographical errors or other errors. COMPANY makes no commitment, however, to update what is contained in the Site. Furthermore, COMPANY reserves the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice.
8. Purchases
When making a purchase through the Site, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTIONS. By submitting such information, you authorize COMPANY the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. You agree to be bound by the terms and conditions and privacy policies of such third parties. Verification of information may be required prior to the acknowledgment or completion of any transaction. Further you acknowledge and agree that when you select a product you want to purchase you are making an offer to buy that product at specific price and COMPANY has the sole right to accept or reject that offer.
9. Web Site Links And Third-Party Sites
The Site may contain links to other Web Sites or resources, which are independent of COMPANY and/or the Site. COMPANY makes no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web Site, and any link to another Web Site shall not in any manner be construed as an endorsement by COMPANY of that Web Site, or the products or services described therein. Transactions that occur between you and other Web Sites are strictly between you and the other Web Sites and COMPANY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Web Sites.
Furthermore, these links may lead to Web Sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and COMPANY hereby disclaims, all responsibility for any of the content on these Web Sites or for any damage sustained by users of these Web Sites
10. User Content
(i) You grant COMPANY a license to use the materials you post to the Site (e.g. reviews). By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting COMPANY, its affiliates, officers, directors, employees, consultants, agents and representatives a license to use User Content in connection with the operation of the Internet business (e.g., blog, social media outlets, and consumer sites such as Facebook, Twitter, Pinterest, Bizrate, Yelp, etc.) of COMPANY, its affiliates, officers, directors, employees, consultants, agents and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.
(ii) You will not be compensated for any User Content.
(iii) You agree that COMPANY may publish or otherwise disclose your name in connection with your User Content.
(iv) You are solely responsible for the content or information you publish, display or otherwise communicate in any manner on the Site or Service, or transmit to other Members or Vendors.
(v) By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You shall obtain consent from your photographer before posting any photos and shall provide any necessary photo credit.
11. Restrictions of Use; User Warnings; User Conduct
COMPANY makes or may make certain services available, including without limitation, search engine capability, e-mail, chat rooms, message boards, guest books, and other community services; provided that you agree to abide by these Terms and Conditions. Without limiting the generality of the foregoing, in consideration for COMPANY providing such services, you also agree that you may not (without limitation):
(i) Circumvent any technology used by COMPANY, its licensors, or any third party to protect content accessible through the Site or Service;
(ii) Create an account in another’s name;
(iii) Create more than one account;
(iv) Use another’s account or permit another to use your account;
(v) Use another’s payment information (e.g., credit card, debit card or PayPal account);
(vi) Distribute content that is libelous, defamatory, obscene, pornographic, abusive, threatening or infringes upon any third parties copyright, trademark, patent or other intellectual property right;
(vii) Impersonate another person or entity;
(viii) Use the Site or Service to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so;
(ix) Violate or offer to provide products or services that violate any applicable law, statute, ordinance, regulation or rule (collectively “Laws”), or offer any products or services in a manner that violate any Laws;
(x) Collect or harvest information about Members, including but not limited to use of robots, spiders, or similar means;
(xi) Use information on the Site to send unsolicited email to Members, including, without limitation, promotions or advertisements for products or services, “spam” or mass distributions;
(xii) Do anything that interferes with or places an undue burden on the Site (as determined by COMPANY in its sole discretion);
(xiii) Use the Site or Service if your membership has been temporarily or permanently suspended or revoked;
(xiv) Harass, stalk, offend, threaten, embarrass, distress or invade the privacy of any individual or entity; or
(xv) Use the Site or Service in a way that violates any terms of this Agreement
If you violate such terms, COMPANY may, without prior notice and without liability to you, ban you from any and all services, terminate your registration (if applicable), delete your messages or postings, and take any other action COMPANY deems appropriate in its sole discretion. If necessary COMPANY may also prosecute legal action against you to protect the rights of others. With reference to any services COMPANY provides, you acknowledge that COMPANY may, from time to time, without notice to you and at COMPANY ‘s sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: the maximum number of searches allowed; blocking you from searching certain email addresses; how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that COMPANY is not responsible or liable for deactivation or deletion of accounts or for loss of e-mails, communications, postings, data or information as a result of, or arising out of, our administration of such services.
COMPANY assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, search, data, documents, graphics, images, information, advice, or opinion contained in any search results, e-mails, message boards, chat rooms or community services, or in any other public services, and does not endorse any advice or opinion contained therein. COMPANY does not monitor or control such services, although COMPANY reserves the right to do so. COMPANY may take any action it deems appropriate, in COMPANY’s sole discretion, to maintain the high quality of its service and to protect COMPANY and others.
12. Alleged Violations
COMPANY reserves the right to terminate your use of the Site or Service. To ensure that COMPANY provides a high quality experience for you and for other users of the Site and Service, you agree that COMPANY or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or Service. COMPANY does not intend to disclose the existence or occurrence of such an investigation unless required by law, but COMPANY reserves the right to terminate your account or your access to the Site or Service immediately, with or without notice to you, and without liability to you, if COMPANY believes that you have violated this Agreement, furnished COMPANY with false or misleading information, or interfered with the use of the Site or Service by others.
13. Customer Support
If you have any questions concerning the Site, Products or Service or this Agreement, please contact the COMPANY.
14. NO REPRESENTATIONS OR WARRANTIES
The descriptions of services and goods provided on the Site are for informational purposes only, and the content, information, documents, graphics, images published on the Site could include inaccuracies, typographical errors or other errors. COMPANY makes no commitment, however, to update what is contained in the Site. Furthermore, COMPANY reserves the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice.
THE USE OF THE SITE, PRODUCTS AND SERVICES (INCLUDING BUT NOT LIMITED TO ITS CONTENT AND THE PRODUCTS AVAILABLE FOR PURCHASE) ARE AT YOUR OWN RISK, AND YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SITE, PRODUCT OR SERVICE. THE SITE, SERVICES AND GOODS ARE PROVIDED AND LICENSED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE SITE, SERVICES OR GOODS OR WARRANTY OF TITLE OR NON-INFRINGEMENT, AND YOU HEREBY WAIVE SUCH WARRANTIES. COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE OR SERVICE WILL BE CORRECTED.
COMPANY does not warrant, endorse, guarantee or assume responsibility for any Third Party Content or any other product or service advertised or offered by a third party on or through the Site or Service or any hyperlinked website, or featured in any banner or other advertising. Consequently COMPANY will in no way be responsible for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the COMPANY Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from COMPANY shall create any warranty on behalf of COMPANY in this regard
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, EMPLOYEES, ATTORNEYS, SUBSIDIARIES, SUCCESSORS, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT), EVEN IF YOU HAVE ADVISED COMPANY ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH MEMBERS OR THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH MEMBERS OR ADVERTISERS ON THE SITE OR SERVICE
Your only right with respect to any problems or dissatisfaction with the Site, Products or Service is to stop using the Site or Service. In no event will COMPANY’s total liability to you in connection with this Agreement exceed the greater of one dollar (U.S. $1.00) or the total amount paid by you for the relevant Products or Services.
16. Indemnity
You agree to indemnify and hold harmless COMPANY, its affiliates, officers, directors, employees, consultants, agents and licensors from any and all claims, demands, losses, liabilities, damages and/or costs (including but not limited to reasonable attorneys’ fees and costs) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights. COMPANY may assume exclusive control of any defense or any matter subjection to indemnification by you, and you agree to cooperate with COMPANY in such event.
17. Intellectual Property
The Site and Service and the content provided through the Site and Service, including but not limited to, logos, images, text, button icons, graphics, code and other Site content (collectively, the “Site Content”), are the property of COMPANY or COMPANY’s licensors and protected by intellectual property rights (including but not limited to copyright, trademark and patent laws), and you do not have a right to use the Site or Service (including but not limited to its content) in any manner not covered by the Agreement. The Site and the Site Content contained within the Site cannot be copied, reproduced, republished, reverse engineered, modified, transferred, distributed or displayed without prior written permission from COMPANY. You may be given appropriate access to certain pages to copy or print materials within the said area from your computer for your personal, non-commercial use only. Furthermore, you must not infringe any third party’s intellectual property rights in using the Site or Service. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by the laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you transmit, or that has been provided or transmitted using your username. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
18. Copyright Infringement and Take Down
If you are a copyright holder who has evidence or a good faith belief that any of the products, services or content which are directly available via the Site are infringing copies of your work, please inform COMPANY. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to COMPANY’s designated copyright agent at the following:
[Name, Title]
[Company Name]
[Address]
[Phone]
[Facsimile]
[E-mail]
A notification of claimed copyright infringement must be addressed to COMPANY’s copyright agent listed above and include the following:
(i) A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
(ii) Specific identification of each copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) A description of where the material believed to be infringed is located on COMPANY Service or the COMPANY Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
(iv) Information reasonably sufficient to permit COMPANY to contact you, such as a complete name, address, telephone number, and email address;
(v) A statement that you have a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
COMPANY has in place certain legally mandated procedures regarding the allegations of copyright infringement occurring on the Site or with the Service. COMPANY has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of COMPANY or of a third party, or otherwise violated any intellectual property laws or regulations. COMPANY’s policy is to investigate any allegations of copyright infringement brought to its attention.
19. Assignment
COMPANY may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
20. Entire Agreement
This Agreement together with the COMPANY Privacy Policy and Vendor Subscription Agreement (if you are a registered Vendor) constitutes all the terms and conditions agreed upon between you and COMPANY and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to COMPANY are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by COMPANY not contained in this Agreement. Unless otherwise explicitly stated, the terms will survive termination of your subscription to the Service.
Vendors: You agree that if any provision of this Agreement conflicts with the Vendor Subscription Agreement, the Vendor Subscription Agreement will prevail, and the provision(s) of this Agreement so affected will be curtailed and limited only to the extent necessary to permit compliance with the terms of the Vendor Subscription Agreement.
21. Severability; No Waiver
If, for any reason, a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
22. Governing Law; International Use
This Agreement shall be governed by and construed under and in accordance with the internal laws of the State of California as they apply to agreements made and solely performed therein, and you hereby irrevocably consent to the jurisdiction of the courts of the State of California and the United States courts located in the State of California in connection with any lawsuit, action or proceeding arising out of or related to this Agreement and waive any objection you may now or after the date of this Agreement have to venue or to convenience of forum.
The Site and Service are controlled and operated by COMPANY from its offices in the State of California, USA. COMPANY makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations, and accessing such from certain locations may be illegal and prohibited. Those who access content, materials, goods and services from such locations act on their own initiative and COMPANY is not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law. Your use of or access to the Site should not be construed as COMPANY’s purposefully availing itself of the benefits or privilege of doing business in any other state or jurisdiction other than California. You agree that California law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state courts of California.
23. Arbitration
The parties shall attempt in good faith promptly through informal negotiations to resolve any dispute concerning, relating, arising out of, or referring to this Agreement, the Privacy Policy, Site, Products or Service. If the dispute is not resolved through negotiation, all disputes as described above shall be resolved exclusively by final and binding arbitration held in Los Angeles, California and presided over by one (1) arbitrator and judgment may be entered thereon. You agree that you and COMPANY are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your COMPANY subscription.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
24. Interpretation
The article, section and paragraph titles and headings contained in this Agreement are inserted as a matter of convenience and for ease of reference only and will be disregarded for all other purposes, including the construction or enforcement of this Agreement or any of its provisions. No provision of this Agreement shall be interpreted in favor of, or against, any of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. Nothing contained in this Agreement will be construed so as to require the commission of anything contrary to law, and wherever there is any conflict between any provision of this Agreement and any statute, law, ordinance order or regulation contrary to which the parties to this Agreement have no legal right to contract, the latter will prevail; provided, however, that in such event the provision(s) of this Agreement so affected will be curtailed and limited only to the extent necessary to permit compliance with the applicable minimum legal requirement, and no other provision of this Agreement will be affected by such conflict. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
25. Trademarks
The Site is an independent program and not affiliated with any of the companies, goods or services listed on the Site or searched by the Site tools. Trademarks, service marks, logos, and/or domain names (including, without limitation, the individual names of Web Sites) are the property of their respective owners, who have no association with or make any endorsement of the services provided by the Site.
For a complete and current list of The Collateral Lender, Inc.’s trademarks, please contact us.
26. Acknowledgement
BY ACCESSING THE SITE OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.