Welcome to www.Dioxyme.com. This website (“Site”) is owned and operated by Max Taylor LLC dba Dioxyme® (“Company”) in Fort Myers, Florida. By visiting or shopping at www.Dioxyme.com you accept these terms and conditions. Therefore, please read them carefully. We reserve the right at our discretion to revise these Terms and Conditions from time to time. Please check these Terms and Conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you have actually reviewed them. If you do not agree to abide by these Terms and Conditions, please do not enter or make any use of the Site.
Please do not use this Site if you are not a legal resident of the United States of America. This Site is not intended for or designed to attract users under the age of 18. The Company does not collect personal information from any person we know to be under the age of 18. If you are under the age of 18, please do not send us any personal information about you or use this Site without the direct supervision of a parent or your legal guardian.
The Site is owned and operated by Max Taylor LLC, a Florida limited liability company. The Company has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content, product offerings, and information available through our Site or needed for access to or use of the Site. By agreeing to use this Site, you understand and agree to all the terms and conditions of this Agreement.
This Site is intended for your benefit to become familiar with and have the ability to purchase our Products. By agreeing to use this Site, you understand and agree to the following:
This Site is for your personal use only and is not intended to offer any medical advice or opinions, either implied or explicit, and any information provided on the Site should not be used as such or as a substitute for advice from a medical professional. While the Site offers information about our Products, consumers should always read the label before using the purchased Product and consult a doctor before starting any diet, supplement or exercise program.
Please note that statements on this Site have not been evaluated by the U.S. Food and Drug Administration (FDA) and none of the Products offered on this Site are intended to diagnose, treat, cure or prevent any disease. The Company does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any product information, medical information, well-being statements, nutritional statements, sales information, copyright ownership, political views, satires, or third-party advertisements posted on or viewable from the Site or on any Product packaging, labels, or informational or sales sheets.
Any statements by the Company, its employees, agents, affiliates, and members are provided for informational purposes only.
The Company makes no representations or warranties of any kind or nature with respect to the information or content posted on this web site. The Company hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall The Company be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this web site, regardless of whether The Company has been advised as to the possibility of such damages.
The Company is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this web site, The Company will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its web site; such information should, therefore, be considered as suspect and is not endorsed by The Company.
The material contained within the Site is intended for residents of the United States of America only and shall only be construed and evaluated according to United States law. This material is void outside the United States of America, and where prohibited by law or regulation.
As a user of the Site, you have the ability to browse our Site, view information about our Products and purchase our Products. You also have the ability to post comments, reviews and suggestions on our Site. You are solely responsible for such information and grant the Company a perpetual, non-exclusive and royalty free license to use such posts on the Site (the “License”). The Company is not responsible for verifying the authenticity or truthfulness of such posts and cannot represent the same to you or to other users of the Site.
Ordering Company Products
To purchase a Product from the Site, you may create an account with us. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company does not sell products for children, but rather it sells them to adults, who can purchase with a credit card or other permitted payment method. The Site and the Contents thereof are displayed solely for the purpose of promoting Company products and services and are only available in the United States. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
In order to purchase products or services through the use of the Site, you can establish an account with the Company. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.
You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Site or otherwise have the right to grant the Licenses to the Company set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Site. When submitting Submissions to or otherwise using the Site and/or the services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark.
- Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian).
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Site or to any other user of the Site and/or services. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.
The Company takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the Company is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require the Company to monitor, police or remove any Submissions or other information submitted by you or any other user.
As a user of this Site, you agree not to post or submit information, promotional materials, and other materials to the Site that are prohibited by us including, but not limited to those materials prohibited by this Agreement or listed in our Prohibited Content Policy. You understand and agree that the Company reserves the right, at its sole discretion, to determine whether any such material is prohibited by this Agreement.
You may not download (other than page caching) or modify the Site or any portion of it, without our express prior written consent. This includes: a prohibition on any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, browsers, spiders, avatars or intelligent agents or similar data gathering and extraction tools other than the search engine and search agents available from The Company on this Site and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Safari). The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dioxyme® without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Termination of Your Account
The Company, at its sole discretion, reserves the right to terminate your access to the Site or any of its services if it determines that: (i) you do not comply with this Agreement; (ii) provide false, inaccurate, or incomplete information during our account registration process; (iii) engage in any conduct that would otherwise harm any of the Company’s rights or interests in its Site, services, or other property; or (iv) for any or no reason whatsoever without prior notice to you. Upon termination, you must cease the use of your Site account and destroy all materials obtained from the Site and any copies thereof, whether made under the terms of this Agreement or otherwise.
The Company makes no predictions, endorsements, warranties, or guarantees, express or implied, about the truthfulness, accuracy, or quality of any statements, representations, opinions, information, product information, medical information, well-being statements, nutritional statements, sales information, copyright information, photography-related information, and classified advertisements provided by, advertised by, or offered by our Company, any account holder, individual, company, service provider, or third party utilizing the Site or featured on the Site and assumes no liability related thereto.
You consent to receive electronic communications from the Company either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
All trademarks, service marks and trade names of the Company are trademarks or registered trademarks of The Company or its affiliates and third-party licensors, including, but not limited to: Dioxyme®. Nothing contained in or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks or other intellectual property rights displayed in or on the Site unless the prior written consent of The Company has been obtained. Other than as expressly provided by these Terms and Conditions, your use of the trademarks or any other intellectual property rights or any Content in or on the Site in any way whatsoever is strictly prohibited.
All content included on this Site, including, but not limited to, text, graphics, photographs, images, button icons, page headers, moving images, sound, illustrations and software (“Content”), is owned by The Company and/or its third-party providers and is protected by United States and international copyright laws.
You may not modify, copy, print, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part without prior written permission from Max Taylor LLC. Any copying, redistribution, retransmission, publication, or commercial exploitation of any printed or electronic (internet) material must have the express written permission of Max Taylor LLC prior to any such use.
This Agreement constitutes the entire agreement between you and the Company, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, the Products, or services provided by or through the Site, and the subject matter of Agreement. If for some reason you believe we have not adhered to the principles of this Agreement, please contact us and we will do our best to determine and correct the problem promptly.
Electronic Communications & Signatures
When you visit our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Limitations of Warranties and Remedies
The materials contained on this Site are provided “as is” and without warranties of any kind either express or implied. To the full extent allowed by law, the company disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. The company neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the Products provided by the company. In no event will the company be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if the company has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
If you are dissatisfied with any portion of the Dioxyme® site, or any of these terms and conditions, your sole remedy is to discontinue utilizing the site. If a product offered by The Company is not as described, your sole remedy is to return in unused and unopened condition. Prices, descriptions and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted whether or not the order has been confirmed and your credit card charged).
Choice of Law and Venue
This Agreement will be construed and governed in accordance with the laws of the state of Florida without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this Agreement, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Lee County, Florida with regard to any dispute relating to this Agreement or its enforcement. The parties hereby waive any challenge to venue and Jurisdiction they may have to a lawsuit filed in a state or federal court in Lee County, Florida relating to a dispute between the parties relating to this Agreement or its enforcement.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
Additional Provisions Regarding Liability
You and the Company agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
Any notices or communication sent by you to the Company pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as the Company may specify in writing.
All notices to the Company must be sent via certified mail to:
Max Taylor LLC
ATTN: Legal Department
12751 S. Cleveland Avenue, Suite 102
Fort Myers, Florida 33907
If you have any questions or suggestions regarding this Agreement, please contact us.