Last Updated: August 6th, 2020
Our website address is: https://www.medyamax.com
1. Acceptance of Terms
The contract below outlines Medyamax’s terms of service (“the Agreement”). By using our website medyamax.com (“the Services”) you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms.
Medyamax inc. reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, Medyamax Inc. will notify you by posting an announcement on the website. What constitutes a material change will be determined at Medyamax’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.
3. Terms of Service
Medyamax inc. is providing this service on an “as is, as available” basis without representation or warranty of any kind. Medyamax inc. does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. Medyamax inc. will inform you of any significant changes to the service it may occasionally make.
Medyamax inc., makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. Medyamax inc. does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components..
In no event shall Medyamax inc. be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
5. Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Medyamax inc., including the company’s directors, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of our Services.
You hereby agree to indemnify and hold harmless Medyamax inc., including the company’s directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.
If a court of competent jurisdiction holds that any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in full force and effect, and the parties agree to modify the invalid or unenforceable provision by replacing it with such valid and enforceable provision as most closely achieves the original intent and economic effect of these terms as originally drafted. These terms are governed by and are to be construed in accordance with U.S. Law and Medyamax inc. and the Customer submit to the non-exclusive jurisdiction of the New York Courts for the purposes of resolution of any dispute.
The customer acknowledges that it is necessary for Medyamax inc. to collect, process and use customer data for the Medyamax.com website to function correctly.