Terms of Service
Overview
This website is operated by HeightMaxx (“HeightMaxx,” “we,” “us,” or “our”). By accessing heightmaxx.com (the “Site”) and/or purchasing from us, you agree to be bound by these Terms of Service (the “Terms”), including any policies referenced here or available by hyperlink (collectively, the “Agreement”). These Terms apply to all users of the Site, including browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully. If you do not agree to all of the Terms, you may not access the Site or use any services. Any new features or tools added to the store are also subject to these Terms. We may update these Terms at any time by posting a revised version on this page. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform enabling us to sell our products and services to you.
1. Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction, or you are the age of majority and have given us consent to allow any of your minor dependents to use the Site. You may not use our products for any unlawful or unauthorized purpose, nor may you violate any laws in your jurisdiction (including intellectual property laws). You must not transmit any worms, viruses, or destructive code. Any breach of the Terms will result in immediate termination of your right to use the Services.
2. General Conditions
We reserve the right to refuse service to anyone, for any lawful reason, at any time. You understand that your content (excluding payment card data) may be transferred unencrypted over various networks and adapted to technical requirements. Payment information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission. Headings are for convenience only and do not limit these Terms.
3. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information on the Site is not accurate, complete, or current. Materials on the Site are provided for general information only and should not be relied upon as the sole basis for decisions. Historical information may not be current and is provided for reference. We may modify the contents of the Site at any time, but we have no obligation to update any information. You agree it is your responsibility to monitor changes.
4. Modifications to the Services and Prices
Product prices are subject to change without notice. We may modify or discontinue the Services (or any part of them) at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance.
5. Products or Services
Certain products or services may be available exclusively online and may have limited quantities. All sales are subject to our Refund & Return Policy. We make reasonable efforts to display product colors and images accurately; we cannot guarantee your monitor’s display. We reserve the right to limit sales to any person, region, or jurisdiction, to limit quantities, and to discontinue products at any time. All product descriptions and pricing are subject to change at any time without notice. We do not warrant that the quality of products or services will meet your expectations or that errors will be corrected.
6. Accuracy of Billing and Account Information
We reserve the right to refuse any order. We may limit or cancel quantities per person, household, or order, including orders placed under the same account, credit card, and/or billing or shipping address. If we change or cancel an order, we may attempt to notify you using the email and/or billing phone number provided. We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information, and to promptly update details (including email and payment data) so we can complete transactions and contact you as needed.
7. Optional Tools
We may provide access to third-party tools over which we neither monitor nor have control. You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties or endorsements. We have no liability arising from or relating to your use of optional third-party tools. Any use by you is at your own risk and subject to the providers’ terms.
8. Third-Party Links
Third-party content, products, and services may be available via our Services. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy and will not be liable for third-party materials or websites. Review third-party policies carefully before engaging in any transaction. Complaints or concerns regarding third-party products should be directed to the third party.
9. User Comments, Feedback, and Other Submissions
If you send submissions (e.g., ideas, proposals, or other materials), whether requested or not, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use them in any medium. We are under no obligation to: (1) maintain any submissions in confidence; (2) pay compensation; or (3) respond. We may monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree your submissions will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain unlawful, abusive, or obscene material, or malware. You may not use a false email address or mislead us or others as to the origin of any submissions. You are solely responsible for your submissions and their accuracy.
10. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
11. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site or in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct errors and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate, without prior notice (including after you submit your order). We undertake no obligation to update or clarify information except as required by law.
12. Prohibited Uses
In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content:
(a) for any unlawful purpose; (b) to solicit unlawful acts; (c) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit malware; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with security features of the Services or related websites. We may terminate your use of the Services for violating any prohibited use.
13. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. We do not warrant that results obtained from the Services will be accurate or reliable. You agree that we may remove the Services for indefinite periods or cancel the Services at any time without notice.
You expressly agree that your use of (or inability to use) the Services is at your sole risk. The Services and all products delivered to you are provided “as is” and “as available,” except as expressly stated by us, without warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall HeightMaxx, 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 lost profits, revenue, savings, data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any Services or products, or any other claim related in any way to your use of the Services or products, including any errors or omissions in content, or any loss or damage incurred as a result of the use of the Services or content posted, transmitted, or otherwise made available via the Services, even if advised of the possibility. Some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless HeightMaxx and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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, or your violation of any law or third-party rights.
15. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity and enforceability of any remaining provisions.
16. Termination
The obligations and liabilities incurred prior to termination shall survive termination. These Terms are effective unless terminated by you or us. You may terminate by notifying us that you no longer wish to use the Services or when you cease using the Site. If, in our sole judgment, you fail to comply with any term or we suspect such failure, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to the Services (or any part thereof).
17. Entire Agreement
These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
18. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and, where applicable, the laws of the state in which our principal place of business is located, without regard to conflict of law principles.
19. Changes to Terms of Service
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates on the Site. It is your responsibility to check this page periodically for changes. Your continued use of the Site or Services following the posting of changes constitutes acceptance of those changes.
20. Contact Information
Questions about these Terms should be sent to:
support@heightmaxx.com.
