Terms of Use

TERMS OF USE

INTRODUCTION:

Welcome!  You have arrived at www.nativemaxmagazine.com/www.nativemax.com (the “Site”). Thank you for visiting the Site.  While we hope you enjoy the Site, it is important that you carefully read these Terms of Use (“Terms”) before using the Site, as they affect your legal rights and obligations and govern your use of the Site.  These Terms apply to the Site, which is owned and operated by Native Max, Inc. (“Native Max,” “we,” “our,” or “us”). These Terms also apply to interactive features or downloads that are owned or controlled by Native Max, are available through the Site, or that interact with the Site and post these Terms.  These Terms do not apply to any offline activities by Native Max (unless specifically stated). You agree to these Terms by accessing or using the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.

In some instances, both these Terms and separate terms of service setting forth additional terms and conditions (such as our nativemaxmagazine.com program Terms and Conditions may apply to a service or product offered via the Site (“Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. You consent to the collection and use of your data in accordance with the Site’s Privacy Policy.

  1. Account Registration

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features, such as to purchase products, in order to participate in a loyalty rewards program (such as our program for nativemaxmagazine.com), receive electronic newsletters or mobile alerts or to participate in social networking activities.  The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information.

If you register on the Site and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account (“Account”) or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights to your Account.  You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. Native Max reserves the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.

(a) Ordering Merchandise, Physical Goods and Digital Media Purchases

You need a valid credit card (except to the extent we permit purchases with gift cards, gift certificates, promotional or discount codes, or similar forms of payment), with full authority to use it, to submit an order for merchandise, digital music and media or other products or services through our Site.  You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You understand that we will not be liable in the event that others acting with or without your permission use your credit card to make purchases on the Site.

(b) Prices; Colors; Availability

All prices listed on the Site are subject to change.  In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit card account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

Please keep in mind that while we might offer a variety of merchandise, digital music and media and other products and services for sale on the Site, we cannot guarantee availability at a particular time; and certain merchandise available in our stores might not be available on the Site, and vice versa.  We reserve the right to change our merchandise, digital music and media content and other products and service offerings, both in-store and online, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility of the Site from time to time in our discretion.

(c) Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.  Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

(d) Payment Terms

For each product or service that you order on the Site, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order.  Native Max will automatically bill your credit card or other form of payment submitted as part of the order process for such price.

(e) Sales Taxes

Sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges are not included in the price of the products.  We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the United States in accordance with our order policy in effect at the time of purchase.  Each customer shall be solely responsible for all sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges (except for taxes on Native Max’s net income), on orders shipped outside the United States.

(f) Return Policy

See Return Policy page.

  1. Promotions

The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions.  It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

  1. Ownership of Site Materials

(a) Materials.  The Site (including past, present and future versions) and all materials that are included in or are otherwise a part of the Site, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; digital media offered by streaming (but specifically excluding Digital Media Purchases) designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by Native Max, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.  Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Native Max, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for Native Max and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Native Max’s rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Native Max’s rights therein, or in breach of, any terms and conditions contained in this Terms.

(b) Copyright/Trademarks.  The entire contents of the Site (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.  Without limitation, Native Max owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Site. Third-party content providers own the copyright in content that is original to them.  Trademarks and service marks, such as the Native Max name and logo, the Torrid name and logo, and the Site URLs are the service and trademarks of Native Max. Without Native Max’s prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to Native Max.  The Materials may not be copied, reproduced, downloaded or