Terms of service

Terms & Conditions

If you live in the United States of America (“U.S.”), the following Terms and Conditions apply to you:
* Maxim Paris General U.S.A. Terms and Conditions
Last updated: May 24, 2023
This Maxim Paris website is published by Maxim Paris LLC. d.b.a. Maxim Paris, a Delaware Corporation, with offices at 103 3rd Ave W 103 Mailbox 110, Bradenton Florida 34205, United States (“we” or “Maxim Paris”).

1. Acceptance of Terms.
1.1 Overview.  The following terms and conditions (these “Terms”) govern all use by U.S. users or visitors of: (i) the Maxim Paris website, https://www.maximparis.com, (the “Website”) or mobile application (the “App”); (ii) any and all services or communications available on or through the Website, App, or otherwise provided by Maxim Paris, including in connection with: (a) e-commerce; and (b) accessing or viewing materials online, for example, editorial articles and newsletters; and (iii) any other engagement with Maxim Paris online and offline, such as when you call our support center (collectively, the “Services”).  The Services are owned and operated by Maxim Paris and any reference to the “Services” herein includes a reference to any part or component of the Services.  Please note that the Privacy Policy, Return Policy, Payment Information Policy, Price Protection Policy & Promotions, Product Information Policy and FAQs provide additional terms governing the purchase of products through the Services, and are incorporated in these Terms by reference .
Maxim Paris provides the Services for your personal use.  By using the Services, you agree to these Terms.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR YOUR PERSONAL INFORMATION TO BE PROCESSED IN ACCORDANCE WITH OUR PRIVACY POLICY (INCLUDING ALL ADDITIONAL TERMS), THEN DO NOT USE THE SERVICES.
1.2 Modification.  Maxim Paris reserves the right to modify or change any of these Terms at any time with prior notice to you where required by law.  Please check back periodically to ensure you are aware of any updates or changes.  You can determine when the Terms were last updated by checking the “last updated” date displayed at the top of these Terms. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.  If any change to the Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
 
SERVICES CONDITIONS

2. Your Use of the Services.
2.1 The Services.  You agree to use the Services, including all features associated therewith, in accordance with (i) these Terms; and (ii) all applicable laws, rules and regulations, or other restrictions on the use of the Services or content therein. You are solely responsible for your interaction with other users of the Services.
2.2 Modifications / Suspension of Services.  Maxim Paris reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services or your access to the Services for any reason or no reason with or without notice.  You agree that Maxim Paris shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
 
3. Registered Users.
You are not obligated to register with us in order to access the Services.  However, certain sections and features of the Services are available only to visitors of the Services who have registered with a username and password (“Registered Users”).  You agree you will not sell, transfer, license, or assign your account, credentials, or any account rights.  You may only have one active Registered User account on the Services and only you may use your credentials to access the Services. You agree that you are responsible for all activities that occur under your Registered User account.
As a Registered User, you are responsible for keeping your password secret and secure.  You also agree to promptly notify us if you become aware of any unauthorized use of your credentials, or any other breach of security involving or relating to the Services by emailing us at support@maximparis.com.  Without prejudice to our rights, we may suspend or terminate your access to the Services if you fail to comply with this section. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
 
4. Trademark Information.
All names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos used and displayed in connection with the Services are trademarks of Maxim Paris or its licensors or suppliers (collectively, the “Trademarks”).  The Trademarks may not be used to disparage or discredit Maxim Paris, any third party of Maxim Paris’s or any third party products or services, or in any manner (in Maxim Paris’s sole judgment) that may damage any goodwill in the Trademarks or may cause confusion.
 
5. Site Content.
5.1 Ownership of Site Content.  You agree that all material, including without limitation information, data, software, text (including text found in descriptions and articles), design elements, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Maxim Paris in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws.  Maxim Paris may own the Site Content or portions of the Site Content may be made available to Maxim Paris through arrangements with third parties.
5.2 Your Use of Site Content.  Maxim Paris grants you a personal, non-exclusive, non-transferable, revocable, limited license, strictly to do the following: to view; reproduce; print; cache; store; and distribute Site Content via a generally available consumer web browser.  The foregoing license is granted on the condition that you comply with these Terms and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on Site Content.  You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these Services for any purpose prohibited by these Terms, or for any commercial purpose whatsoever, without the prior written permission of Maxim Paris or the copyright holder identified in the relevant copyright notice.  Any rights not expressly granted herein are reserved.
 
6. Copyright Assignment and Transfer of User Content.
 User hereby irrevocably and unconditionally assigns, conveys, delivers and transfers to Maxim Paris (i) all of User's  right, title, and interest in and to all Intellectual Property for all posted content, including product reviews, comments or suggestions, photographs, illustrations, artwork, videos,  communications and/or other materials uploaded by User to Website (“User Content”); (ii) all of User's rights to benefits, priority rights, privileges, causes of action, common law rights, moral rights, and remedies relating thereto throughout the world, including, without limitation, all rights to (A) apply for and maintain all applications, registrations, renewals and extensions thereof

, (B) sue, claim and recover for past, present and future infringement, misappropriation, or other violations of any Intellectual Property rights in any User Content, and (C) commercialize, exploit, or grant licenses or other interests thereto. For purposes of this Assignment, “Intellectual Property” shall mean any and all works of authorship, copyrights, moral rights, inventions, developments, concepts, improvements, designs, discoveries, know-how, ideas, software, trade secrets and compositions of matter and trade secrets (whether or not protectable under trade secrets law, patentable or registrable under patent, copyright or similar laws),  patent rights, and any other intellectual property rights anywhere in the world and all goodwill associated with any of the foregoing and/or share it with other users.   User represents and warrants that any User Content posted by you, is owned exclusively by you and that (i) you have all necessary rights to post such User Content via our Services, including the right to assign the Intellectual Property rights in such User Content to Maxim Paris and (ii) any User Content you post, publish, display or transmit to others via our Services complies with applicable law. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms. User acknowledges that it is not entitled to receive any compensation for the User Content.


7. Third Party Links.
The Services may contain hyperlinks to sites, services or platforms owned or operated by third parties. These links are provided for your convenience only. Your use of third party links is subject to the terms of use and privacy policies applicable to those sites, services, or platforms.
 
8. Restricted Conduct.
Except as otherwise expressly authorized in these Terms, you agree not to do or attempt to do any of the following:
* Use the Services to post, upload, share, transmit, distribute, facilitate distribution or otherwise make available any unlawful, infringing, harmful, harassing, defamatory, derogatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising, or collecting personal information from other users of the Services;
* Impersonate any person or entity, including without limitation any representative of Maxim Paris; falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Maxim Paris endorses any statement you make;
* Disseminate any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment via or using the Services;
* Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods on or via the Services;
* Interfere with or disrupt the operation of the Services or others’ use of the Services in any way (including without limitation by hacking or defacing any portion of the Services);
* Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services, or reproduce, duplicate, sublicense, copy, sell, resell, distribute, assign, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
* Merge the Services or Site Content with another program or create derivative works based on the Services or Site Content;
* Remove any copyright, trademark, or other proprietary rights notice from the Services or Site Content originating from the Services;
* Violate any applicable laws or regulations;
* Engage in any activity that could interfere with, disrupt, negatively affect, or inhibit other users from fully using the Services, or that could damage, disable, overburden, impair or otherwise negatively affect the functionality of the Services or Maxim Paris’s network or computer systems; or
* Assist, permit or encourage any person in engaging or to engage in any of the activities described above.
 
9. Indemnity.
You agree to defend, indemnify and hold Maxim Paris and its respective affiliates, licensors, officers, directors, employees, agents, and representatives, harmless from any and all losses, costs, expenses or damage of any nature whatsoever, including, without limitation attorneys’ fees and court costs, arising from any claim, cause of action, demand or suit by any third party, related to or arising out of your use of the Services or violation of these Terms.  Maxim Paris reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Maxim Paris’s defense of such matter.
 
10. Termination.
10.1 Termination of Your Use of the Services.  Maxim Paris may terminate or block your use of our Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services.  You agree that any termination of your use the Services may be effected without prior notice.  Further, you agree that Maxim Paris shall not be liable to you or any third party for any termination of your use or otherwise access to the Services.
10.2 Survival After Termination.  The following provisions of these Terms shall survive termination of your right to use the Services: Section 4 (Trademark Information); Section 5 (Site Content); Section 6 (User Content);  Section 9 (Indemnity);  Section 11 (Disclaimers);  Section 12 (Limitation of Liability regarding Services);  Section 13 (Release); Section 17 (Limitation of Liability regarding Purchases) and Section 22 (Dispute Resolution).  Additionally, any other provisions (or part of a provision) of these Terms that by their nature should survive termination of your right to use the Services shall also survive.
 
11. Disclaimers.
11.1 Services Warranties. THE SERVICES AND ALL SITE CONTENT, OR ANY OTHER FEATURE, CONTENT OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.  Maxim Paris DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
Maxim Paris HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  Maxim Paris MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.  Maxim Paris IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, SERVICES, ACTIONS, OR INACTIONS OF ANY USER, ARTICLE, BLOG POST, NEWSLETTER, OR THE LIKE.
YOU ACKNOWLEDGE THAT Maxim Paris HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF, THE TRUTH OR ACCURACY OF ANY USER CONTENT, OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION.  THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11.2 Publications: The opinions expressed in our published works are those of the author(s) and do not reflect the opinions of Maxim Paris LLC. (referred to as Maxim Paris) and any of its affiliates. They are neither a legal interpretation nor a statement of any Maxim Paris policy as the case may be. Neither Maxim Paris nor the authors guarantee the accuracy or completeness of any information contained in any publication and neither Maxim Paris or its authors shall be responsible for any errors, omissions, or claims for damages, including exemplary damages, with regard to the content, accuracy or sufficiency of the information contained in any publications. No part of any published work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of Maxim Paris and/or the publisher. All rights reserved. 
 
12. Limitation of Liability regarding Services.
WHERE PERMITTED BY LAW, Maxim Paris SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNIT

IVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Maxim Paris HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR (II) ANY MATTERS BEYOND Maxim Paris’S REASONABLE CONTROL.  WITH RESPECT TO USER CONTENT OR STATEMENTS, Maxim Paris SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTENT OF ANY OTHER USER OF THE SERVICES.  IN ADDITION, Maxim Paris IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND Maxim Paris HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER.  THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
 
13. Release.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Maxim Paris AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE.  RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
 
PURCHASE CONDITIONS
14. Purchases
14.1 Availability. All orders are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to refund any monies that you might have paid.
14.2 Payment. The price of products shall be the one quoted on our Website or App, except where there is an error. If we discover an error in the price of any product(s) you have ordered, we may cancel the order and you will receive a full refund. The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). Prices are subject to change at any time and are calculated based on the location you are shopping from. All prices are in USD or as otherwise specified on the Services.
14.3 Legal Title. You will own the goods purchased, once we deliver them to you, at which point responsibility for your goods passes to you.
14.4 Shipping.
14.4.1 Upon completing your order, an e-mail confirmation will be sent to your address on file. This e-mail will serve as an invoice and includes your order number. A standard processing time of up to two (2) business days is required before your order is shipped. Orders placed after 11:00 AM (Eastern Time) may be processed the next business day, and orders placed on weekends and holidays will be processed the following business day starting at 8:00 AM (Eastern Time). During peak periods, processing times may exceed 2 business days. Once your order has been shipped, you will receive an e-mail with your shipment’s tracking information, allowing you to keep tabs on the progress of your delivery.
14.3.2 By placing an order, you acknowledge that this sale occurs outside the U.S., and that you are importing your order for non-commercial (personal) use. You also acknowledge that you will be listed as the importer for U.S. Customs and Border Protection purposes and that your order will be imported into the U.S. in accordance with the necessary customs requirements. Your order indicates your agreement to authorize Maxim Paris to appoint a designated carrier/customs broker, where applicable, as your unpaid agent for customs purposes by executing a power of attorney applicable to a single non-commercial shipment. Your order serves as an electronic signature indicating your agreement to the following, as required by US Customs and Border Protection:
“The designated carrier/customs broker is hereby authorized to execute, as an unpaid agent who has knowledge of the facts, pursuant to the provisions of section 485(f), Tariff Act of 1930, as amended, the consignee’s and owner’s declarations provided for in section 485 (a) and (d), Tariff Act of 1930, as amended, and to enter on my behalf or for my account the goods described in the attached invoice which contains a true and complete statement of the facts concerning the shipment.”
Your authorization permits the carrier/customs broker to file on your behalf: (i) an administrative entry under section 321 of the Tariff Act of 1930, if eligible (see below); (ii) an informal entry pursuant to section 143.21 of the Customs Regulations, if eligible; or (iii) the customs formal entry on your behalf for any order that is over $2,500, or otherwise requires formal entry.  You are responsible for any U.S. duties and taxes that may be due under U.S. law. Shipments to the U.S. of goods that are valued at US$800 or less may be imported without the payment of duties and taxes subject to certain restrictions, pursuant to section 321 of the U.S. Tariff Act of 1930 ("Section 321"). These restrictions include the following:  (1) a single contract or order addressed to a same individual that exceeds US$800, cannot be split into more than one shipment to avoid the payment of duties and taxes; (2) individual orders addressed to a same individual that are consolidated by the shipper or carrier on a single bill of lading (“B/L”) or air waybill (“AWB”) will be treated as a single shipment and will not be entitled to Section 321 treatment if the total value exceeds US$800; and (3) if there

 are individual B/Ls or AWBs, the shipment will qualify unless there are several B/Ls or AWBs addressed to a same individual with shipment on the same day and the total value of these shipments is over US$800, in which case U.S. Customs and Border Protection will treat them as a single shipment. All goods purchased from Maxim Paris should be imported into the U.S. without the payment of duties and taxes pursuant to Section 321, only when Section 321 is applicable. Our express carriers have been instructed to apply Section 321 only where applicable.
 
15. Returns. 
All returns are subject to Maxim Paris’s Return Policy.

16. Product Warranty and Return Disclaimer. 
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR DISCLAIMER OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OR ALL OF THE BELOW DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. CERTAIN PRODUCTS SOLD OR DISTRIBUTED BY Maxim Paris MAY HAVE WARRANTIES THAT APPLY TO THEM. THESE WARRANTIES ARE PROVIDED BY THE MANUFACTURER OF THESE PRODUCTS AND NOT BY Maxim Paris OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, Maxim Paris DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER ARISING FROM APPLICABLE STATUTES OR OTHERWISE), RELATING TO ANY PRODUCTS SOLD OR DISTRIBUTED BY Maxim Paris.
 
17. Limitation of Liability regarding Purchases. 
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. ACCORDINGLY, SOME OR ALL OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THIS EXCLUSION AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Maxim Paris OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (COLLECTIVELY, "DAMAGES") ARISING FROM OR IN ANY WAY RELATED TO (I) THE RETURN OF A PRODUCT PURCHASED FROM Maxim Paris IN A MANNER THAT IS CONTRARY TO THE Maxim Paris RETURN POLICY AND/OR THE SHIPPING TERMS AND CONDITIONS OF THE APPLICABLE CARRIER, INCLUDING, WITHOUT LIMITATION, FAILURE TO SHIP IN ACCORDANCE WITH THE SHIPPING LABEL, AND/OR THE SHIPPING, HANDLING AND PACKAGING INSTRUCTIONS PROVIDED BY Maxim Paris OR THE APPLICABLE CARRIER; AND (II) ANY PRODUCT SOLD OR DISTRIBUTED BY Maxim Paris, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, PRODUCT LIABILITY AND NEGLIGENCE WITH RESPECT TO ANY REPRESENTATIONS MADE BY Maxim Paris REGARDING ANY PRODUCT SOLD OR DISTRIBUTED BY Maxim Paris, ANY DUTY TO PROPERLY TEST OR INSPECT SUCH PRODUCT, OR ANY FAILURE TO WARN OF THE SAFETY RISKS PERTAINING TO SUCH PRODUCT), CIVIL LIABILITY, STRICT LIABILITY, BREACH OF STATUTE (INCLUDING, WITHOUT LIMITATION, APPLICABLE STATUTES), OR OTHERWISE. THESE DAMAGES INCLUDE, WITHOUT LIMITATION, LOSS ARISING FROM DEATH OR PERSONAL INJURY, PROPERTY LOSS, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS AND LOST BUSINESS, DATA OR SALES, EVEN IF Maxim Paris OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, Maxim Paris'S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT TO WHICH THE ALLEGED DAMAGES RELATE.
 
GENERAL
 
18. Personal Data.
Maxim Paris's activity entails the processing of personal data in accordance with our U.S. Privacy Policy available here.


19. Cookies.
This Website uses cookies. For more details about our use of cookies and other tracking technology, please read our Cookies Notice available here.

20. Minors.
20.1 Permission. If you are under the age of 18, you should not use our Services, register on this Website or otherwise provide any data without the permission of your parent or guardian. If you use our Website or any of our Services, we will assume, and you confirm, that you are 18 years of age or older or that you have the permission of your parent or guardian. You may not use this Website if you are under the age of 18.
20.2 Supervision. If you are the parent or guardian of a child under the age of 18, you should carefully supervise your child’s use of the Services on our Website. It is the responsibility of parents or guardians, and not Maxim Paris, to determine whether any part of this Site or any site linked to from this Website is appropriate for their children.
 
21. Choice of Law.
These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to principles of conflicts of laws.
 
22. Dispute Resolution.
22.1 Initial Dispute Resolution. To give us an opportunity to informally resolve any disputes, claim or controversy between you and us arising out of or relating to your use of the Services and these Terms, including our U.S. Privacy Policy (“Disputes”), you agree to first communicate your Dispute to us at support@maximparis.com. Most concerns can be quickly resolved in this manner, and you agree not to bring any lawsuit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Dispute to customer care have elapsed. The parties shall use their best efforts to settle your Dispute directly through consultation and good faith negotiations, which shall be a precondition to initiating a lawsuit or arbitration. If we are unable to resolve your Dispute within 60 days, you may seek relief through arbitration or in small claims court as set forth below.  Any action to enjoin the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights shall not be subject to the requirements of this Initial Dispute Resolution paragraph.
22.2 Arbitration.  If the parties do not reach an agreed upon solution pursuant to the procedures outlined in the paragraph above, you and Maxim Paris each agree that any Dispute will be settled by binding arbitration, except that you and Maxim Paris each retain the right to bring an individual action in small claims court, the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s respective intellectual property rights, and the right to seek public injunctive relief in a court of competent jurisdiction.  Any such small claims matter shall be brought in the state courts of the State of New York or the United States District Court for the Southern District of New York

, and you and Maxim Paris consent to the jurisdiction and venue of those courts for such purpose.  This arbitration agreement is subject to the Federal Arbitration Act and is governed by the laws of the State of New York. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/sites/default/files/document_repository/ConsumerRulesWeb.pdf), as modified by these Terms. The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision shall follow the terms of these Terms and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies, and if the law allows, they can seek relief against us for you. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (“Notice”). The Notice to Maxim Paris should be addressed to: Maxim Paris LLC., 103 3rd Ave W 103 Mailbox 110, Bradenton Florida 34205, United States , Attn: Legal Department. (“Notice Address”). The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If Maxim Paris and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Maxim Paris may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Maxim Paris or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Maxim Paris is entitled. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Maxim Paris made to you prior to the initiation of arbitration, Maxim Paris will pay you the greater of the award or US$1,000 in addition to paying your attorney’s fees and the arbitrator’s fees. Each party will bear its own costs and attorneys’ fees except as otherwise provided herein. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION AGREEMENT, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCEPT THESE TERMS, UNLESS THE LAW OTHERWISE REQUIRES. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO THE NOTICE ADDRESS PROVIDED ABOVE AND MUST INCLUDE: (I) YOUR NAME, (II) YOUR ADDRESS, (III) YOUR TELEPHONE NUMBER, AND (IV) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION AGREEMENT WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN. IF YOU HAVE NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION AND YOU AGREE TO THESE TERMS, OR IF YOU USE THE SERVICES AFTER THE EFFECTIVE DATE OF THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS AND TO RESOLVE DISPUTES IN ACCORDANCE WITH THE TERMS OF THIS ARBITRATION AGREEMENT.
22.3 Class Action Waiver. TO THE EXTENT PERMISSIBLE BY LAW, EACH PARTY AGREES TO WAIVE ITS RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. TO THE EXTENT PERMISSIBLE BY LAW, EACH PARTY AGREES THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND EACH PARTY HEREBY WAIVES ANY RIGHT TO BRING DISPUTES IN A REPRESENTATIVE CAPACITY, INCLUDING IN THE FORM OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR SIMILAR PROCEDURAL DEVICE. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. IF FOR ANY REASON A CLAIM PROCEEDS IN ARBITRATION RATHER THAN IN COURT, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO LITIGATE SUCH DISPUTE IN COURT, ITS RIGHT TO A JURY TRIAL, AND ITS RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
 
23. Miscellaneous.
23.1 Notices. All notices permitted or required under these Terms will be in writing and will be delivered to the other party by any of the following methods: (i) hand delivery; (ii) certified U.S. mail, return receipt requested; (iii) overnight courier; or (iv) electronic mail. If you give notice to us, you must use the following contact details: AMaxim Paris LLC., 103 3rd Ave W 103 Mailbox 110, Bradenton Florida 34205, United States, Attn: Legal Department. If we provide notice to you, we will use the contact information provided by you to us during the registration process. All notices will be deemed received as follows: (i) if by hand delivery, on the date of delivery; (ii) if by delivery by U.S. mail, on the date of receipt appearing on a return receipt card; (iii) if by overnight courier, on the date receipt is confirmed by such courier service; or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
23.2 Entire Agreement. These Terms, together with our Privacy Policy, Cookies Policy, and any other legal notices or additional terms and conditions or policies published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. To the extent of any conflict between these Terms and any other terms and conditions or policies published by us, these Terms shall control. No modification or amendment to these Terms will be

 binding upon us unless in writing and signed by us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction. These Terms will inure to the benefit of and be binding upon our respective successors and assigns. These Terms do not confer any third-party beneficiary rights. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. These Terms shall be interpreted without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

23.3 No Waiver.
The failure of Maxim Paris to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
23.4 Severability.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
23.5 Survival.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.