Maxim Farm Terms of Conditions
Maim Farm (“Maxim”) welcomes you to our Website located at https://www.maximfarm.com. By browsing the
Website or using the Services including the purchase and sale of Products available on the Website, you
acknowledge that you have read, understood, and agree to be legally bound by these Terms of Conditions and our
accept these Terms of Conditions, then you are not granted permission to browse, access, or otherwise use the
Website or the Services. Capitalized terms not defined in these Terms of Conditions shall have the meaning set
the Products without charge or registration. You may use the Services to purchase Products via the Website.
THE SECTION BELOW TITLED “AGREEMENT TO ARBITRATE” CONTAINS A BINDING ARBITRATION
AGREEMENT. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
All Products are provided by the Japanese Vendors, and are not manufactured or sourced by Maxim. Maxim
facilitates your purchase of Products from the Japanese Vendor solely in its capacity as an agent of the Japanese
Vendors. All Product purchases through the Website, or otherwise facilitated by Maxim, are legally binding
Maxim does not accept and /or process back Orders. If one or more items on your Order are not in-stock and/or
not available, Maxim will use commercially reasonable efforts to locate the item or a suitable alternative, or that
item will be removed from the Order and the balance of the Order will be shipped.
Maxim will select the shipping method. You will receive tracking numbers for Orders. Maxim will ship the Order
to your specified shipping destination so long as your Order is received by the cut-off time on business days. Any
Order submitted on non-business days, or after the cut-off time on business days, will be deemed received on the
next business day.
You are responsible for any charges, penalties and or fees imposed by shipping companies resulting from
incorrect shipping information. Any Order cancellations or changes must be communicated by the Order cut-off
time via the Website or as otherwise directed by Maxim. Maxim will use commercially reasonable efforts to
honor Order cancellations or changes, but cannot guarantee changes to an Order after submittal.
If you are an individual purchasing Products for personal, non-commercial consumption, Maxim will charge your
credit card or other form of tender for the list price of the Products in each Order, plus shipping & handling,
insurance, processing & related fees, and/or taxes, as applicable. All other customers (“Other Customers”) shall
pay the list price of the Products in each Order, plus shipping, handling, insurance, processing & related fees,
and/or taxes, as applicable, by credit card or other form of tender options made available by Maxim on the
Website. Other Customers may also request different forms and terms of payment by making such requests via
their account profile on the Website, which requests may be granted, denied and changed by Maxim at any time
in its sole discretion.
Maxim strives to provide you with the very best experience each and every time you order from the
Website. Maxim does not plan to accept returns of fresh Products or frozen Products, and may require
photographic evidence of any complaints. Maxim uses commercially reasonable efforts to ensure that all
descriptions and images of Products are as accurate as possible. However, Maxim does not warrant that the
descriptions or other content of the Website is accurate, complete, reliable, current or error-free. If a Product is
not as described, your sole remedy is to request a credit or refund of the funds actually paid for such Product.
Determination of credits or refunds will be made by Maxim.
Content available on the Website includes:
Maxim Content. The Website contains materials, such as data, text, graphic, images, sound recordings,
audiovisual works, Product descriptions, Product photos and titles, list prices and other materials provided by
Maxim (“Maxim Content”). As between Maxim and you, all Maxim Content is owned exclusively by Maxim; and
User Generated Content. Users may provide or generate content for the Website including, but not limited to,
text, photographs, listings/information, communications between users (through the Website or a third party
website), feedback, questions, commentary, postings, files, images, video, audio, and other materials (“User
Generated Content,” and, collectively with the Maxim Content, the “Content”).
You are solely responsible for any User Generated Content that you provide, and the consequences of posting or
transmitting, linking or publishing all or any part of such User Generated Content. More specifically, you are
solely responsible for all User Generated Content that you upload, email, or otherwise make available via the
Services. User Generated Content is not confidential, may be freely monitored by Maxim (although Maxim has no
obligation to do so), and may be made public by Maxim in its sole discretion.
In connection with User Generated Content you post on, transmit through, or link from the Services, you affirm,
acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and
permissions (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights
in and to any and all such User Generated Content) to use such User Generated Content for (a) the Services and
on the Website, (b) inclusion and use in the manner contemplated by the Services, the Website and these Terms
of Conditions, and (c) commercial purposes through any channels including, without limitation, videos; and (ii) you
have the written consent, release, and/or permission of each and every identifiable individual person or business
included in the User Generated Content to use the name or likeness of each and every such identifiable individual
person or business for all of the foregoing purposes.
You retain all of your ownership rights in your User Generated Content; however, by submitting the User
Generated Content to Maxim, you hereby grant to Maxim an irrevocable, non-cancellable, perpetual, worldwide,
exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform the User Generated Content including, without limitation, for commercial
purposes, and promoting and redistributing part or all of the User Generated Content (and derivative works
thereof) in any media formats and through any channels now or hereafter known. As the exclusive licensee of
User Generated Content, you hereby grant to Maxim the exclusive right to enforce copyrights in the User
Generated Content against anyone copying republishing, distributing, or preparing derivative works of the User
Generated Content without Your consent. Furthermore, by you posting User Generated Content on the Website,
you agree to and do hereby grant to Maxim exclusive rights to prohibit or allow any subsequent aggregation,
display, copying, duplication, reproduction, exploitation or commercial use of the User Generated Content by any
party for any purpose. You also hereby grant visitors and users of the Website a non-exclusive license to access,
view and display, but not to otherwise access, distribute or copy, your User Generated Content through the
Website. For avoidance of doubt, you hereby represent that you have not, and will not, grant any license rights to
your User Generated Content for the purposes of crawling, scrapping, or using automated means on or through
the Website to obtain any data or information.
Intellectual Property Rights
1. Content. The Content is protected under both United States and foreign laws. Except as may be
specifically authorized by Maxim, You are prohibited from using the Content (including any Maxim
Trademarks, as defined below) for any purpose including, without limitation, any use that is likely to cause
confusion on the part of, to cause mistake by, or to deceive, the public as to any affiliation, connection,
association, origin, sponsorship, approval or endorsement by or with Maxim. Unauthorized use of the
Content will violate these Terms of Conditions and may violate applicable laws. Except for your own User
Generated Content, you hereby agree: (i) you have no rights in or to the Content, and you will not use the
notices contained in the original Content on any copy you make of the Content, (iii) not to sell, transfer,
assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a
derivative version of, distribute, or otherwise use or exploit the Content in any way for any public or
commercial purpose. Except for your own User Generated Content, the publication, use or posting of the
Content on any other website, in a networked computer environment, or in any other forum for any
purpose is expressly prohibited.
2. Security. You agree not to circumvent, disable or otherwise interfere with security related features of the
Website or the Services, including any features that prevent or restrict use or copying of any Content or
Services, or enforce limitations on use of the Website, the Services or the Content. You shall not
decompile or disassemble, reverse engineer or otherwise attempt to discover, acquire, copy or emulate
any source code or object code contained in the Services or the Website.
3. User Generated Content. We reserve the right (although we have no obligation), to monitor User
Generated Content, and remove any User Generated Content at any time, in our sole discretion, without
any notification or explanation. User Generated Content may be readily accessible to the public via the
Website, including any confidential information and personally identifying information that you may
make available online. With respect to User Generated Content, we shall be free to use any ideas,
concepts, know-how, or techniques contained therein for any purpose whatsoever including, but not
limited to, the development, production and marketing of products and services that incorporate such
Trademarks and Logos
Maxim is the owner or licensee of certain trademarks, service marks and logos (registered and unregistered) (the
“Maxim Trademarks”). Other product and service names and logos used and displayed on this Website may be
trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or
connected to Maxim. Nothing on the Website should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of the Maxim Trademarks displayed on this Website, without our prior
written permission in each instance. All goodwill generated from the use of the Maxim Trademarks will inure to
Acceptable Use Policy
By accessing and/or using the Website or the Services, You hereby agree that:
You will not use the Services for any unlawful purpose;
You will not upload, post, e-mail, transmit, or otherwise make available any Content that:
o infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
o is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of
another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that
attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or
sexual orientation/gender identity; or
o discloses any sensitive or personal information about another person, including that person’s e-mail address,
postal address, phone number, credit card information, or any similar information.
You will not stalk or otherwise harass another person;
You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising
money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-
tiered marketing scheme;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person
or entity; or
You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus,
device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to
any data, files, or passwords related to the Services through hacking, password or data mining, or any other means
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of the
Website, Services or Content in compliance with these Terms of Conditions or the Acceptable Use Policy, or that
may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio
or quality of all or any part of the Website, Services or Content in any manner are expressly prohibited. Any
attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to
engage in, any unauthorized or prohibited activities is also expressly prohibited and is a violation of these Terms
Let us know if you notice inappropriate conduct on the Website or in connection with the Services, or believe that
a user has violated our Acceptable Use Policy. We will investigate and take appropriate action.
Links to Other Web Websites
This Website may periodically provide links to third party websites (“Third-Party Websites”) as well as other
websites operated by Maxim or Maxim affiliates (“Other Maxim Websites”). These Terms of Conditions governs
only this Website and not any Third Party Websites or Other Maxim Websites. Our decision to link to a Third-
Party Website is not an endorsement of the content, products or services in that linked Third Party Website. If
you decide to access linked Third-Party Websites, you do so at your own risk. You should direct any concerns
regarding any Third-Party Websites to the administrator of the applicable Third-Party Website. We also prohibit
the use of any links to the Website from any other websites unless establishment of such a link is approved in
advance by us in writing. You may not frame any elements of the Website with any other website.
Advertisements on the Website
Maxim, in its sole discretion, may post the advertisements of third parties on the Website. The display of
advertisements on the Website is not intended as and does not in any manner constitute a recommendation,
endorsement, or approval of the advertiser or its products or services by Maxim. Your correspondence or any
other dealings with advertisers found on the Website are solely between you and such advertiser and we are not
responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a
result of any such dealings or as the result of the presence of such advertisers on the Website.
Anyone accessing the Website, the Service, or any Content, or any portion thereof, in any manner whatsoever,
whether by logging into the URL, or in any other way accessing or using the IP address of the Website, or
accessing the server from which Maxim or its agent hosts the Website, or downloading, looking at, or in any way
or format accessing the Content (including, without limitation, crawling, scrapping, or otherwise obtaining data or
information), is subject to these Terms of Conditions.
You have no right to (i) collect, aggregate, copy, duplicate, display or create derivative works of the Services or
any Content available on the Website (except for your own User Generated Content), (ii) engage in crawling,
scrapping or similar activities, or (iii) use automated means, including data mining, crawlers, spiders, or similar
data gathering, extraction tools and the like on the Website for any purpose. You agree not to use any means or
measures whatsoever to circumvent any technological measure in place to prevent unauthorized use of the
Website, the Content or the Services. Any copying, aggregation, display, distribution, performance or derivative
use of any content posted on the Website whether done directly or through intermediaries is prohibited.
Any access to or use of the Website to design, develop, test, update, operate, modify, maintain, support, market,
advertise, distribute or otherwise make available any program, application or service (including, without
limitation, any device, technology, product, computer program, mobile device application, website, or mechanical
or personal service) that enables or provides access to, use of, operation of or interoperation with Maxim
(including, without limitation, to access content, post content, cross-post content, re-post content, respond or
reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent
and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition
specifically applies but is not limited to software, programs, applications and services for use or operation on or
by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or
in the future.
Notwithstanding the foregoing Maxim may, by prior written consent in each case, permit general purpose
internet search engines (that provide a method of “opt-out”), and non-commercial public archives that gather
information to access the Website for the sole purpose of displaying hyperlinks to the Services, Content or the
Website, provided that, (i) they do so from a stable IP address or range of IP addresses using an easily identifiable
agent and comply with our robots.txt file, and (ii) specifically exclude any website, search engine or other service
that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs,
services, or personals, or which otherwise provides classified ad listing services. Anything to the contrary
contained herein notwithstanding, Maxim specifically reserves the right to terminate your access and use of the
Website, the Services and/or the Content, including any ability to extract data from or through the Website, for
any reason or no reason, at any time and at its sole discretion.
Security of the Website
Actual or attempted unauthorized use of the Website, the Content or the Services may result in criminal and/or
civil prosecution. Maxim reserves the right to view, monitor, and record activity on the Website without notice or
permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law
enforcement organizations in connection with investigation or prosecution of possible illegal activity on the
Website. Maxim will also comply with all court orders as well as all law enforcement and regulatory inquiries
involving requests for such information.
Maxim does not endorse any User Generated Content or any opinion, statement, recommendation, claim or
advice expressed in any User Generated Content, and expressly disclaims any and all liability associated with
User Generated Content.
No Responsibility for Connectivity
You are solely responsible for the means you use to access the Website and all costs associated therewith. You
understand that we are not responsible for the performance of your hardware, software, the Internet, your
Internet service provider and other third parties involved in connecting you to the Website.
We may terminate these Terms of Conditions and your access to all or any part of the Website, the Content or
the Services at any time and for any reason without prior notice or liability. We reserve the right to change,
suspend, or discontinue all or any part of the Website, the Content or the Services at any time without prior
notice or liability.
MAXIM, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND
AGENTS (COLLECTIVELY THE “MAXIM PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND
REPRESENTATIONS ABOUT THE WEBSITE, THE SERVICES (INCLUDING THE PRODUCTS, AND PURCHASE
AND SALE OF THE PRODUCTS), OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE. THE WEBSITE, THE SERVICES (INCLUDING THE PRODUCTS, AND PURCHASE AND
SALE OF THE PRODUCTS) AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY
WARRANTIES OF ANY KIND.
Limit of Liability.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS ARISING OUT OF
THE ALLEGED ACTIVE OR PASSIVE NEGLIGENCE OF THE MEADE PARTIES: (I) THE MAXIM PARTIES, OR
ANY OF THEM, SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR
INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT, THE PRODUCTS OR YOUR PURCHASE
OF PRODUCTS AVAILABLE THROUGH THE WEBSITE, EVEN IF THE MAXIM PARTIES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A
RESULT OF YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT, THE PRODUCTS OR YOUR
PURCHASE OF PRODUCTS AVAILABLE THROUGH THE WEBSITE SHALL BE LIMITED TO THE MONIES YOU
HAVE PAID US IN CONNECTION WITH THE SAME DURING THE THREE (3) MONTHS IMMEDIATELY
PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME STATES DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
LIMITATIONS ON WARRANTIES MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold the Maxim Parties harmless from and against any and all claims, losses,
liabilities, and expenses (including attorneys’ fees) arising from: (i) your breach of these Terms of Conditions, or
(ii) your violation of any third party right including, without limitation, any intellectual property right, privacy
right, or right of publicity. We shall provide notice to you of any such claim, suit, or proceeding and shall assist
you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the
exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you
agree to cooperate with any reasonable requests assisting our defense. This defense and indemnification
obligation will survive termination, modification or expiration of these Terms of Conditions.
but may be assigned by Maxim without restriction. Any assignment or transfer by you shall be null and void.
These Terms of Conditions shall inure to the benefit of and be binding upon each party's successors and our
You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any
government authority or agency which govern your use of the Website and the Services. Without limiting the
generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export
any of the Content to countries or persons prohibited under the export control laws of the United States. All
rights not expressly granted herein are reserved by Maxim and its licensors.
Thank you for your cooperation. Questions or comments regarding this Website and/or the Services, including
any reports of non-functioning links, should be submitted using our email address firstname.lastname@example.org. We will
use commercially reasonable efforts to respond in a timely manner.