Terms and Conditions of Use
Membership and Billing
Details regarding your membership with Max Delivery can be found on the "account" link, located at the top of the pages of the Max Delivery Web site
Destruction Or Loss Of MaxDelivery Property
Members are responsible for any damage or loss to any merchandise that is rented by the Members and must be returned to MaxDelivery, and agree to be charged for the full replacement cost of any damaged or lost item. By using Max Delivery you agree that any tampering with any labels affixed to a rented DVD or case may constitute damage to the DVD or case, and you may be charged the full replacement cost at the discretion of Max Delivery.
As a member of Max Delivery, you agree that upon the shipping of all orders paid by credit card, we are permitted to charge your credit card. For Cash orders, payment must be received at time of delivery. The standard delivery fee may be enforced and billed, at MaxDelivery's discretion, to the credit card used on the order for failed deliveries when the delivery attempt is made within one hour of the order and the consumer is not present at the destination to receive the order, if the customer refuses the order, or if age verification or identification is required and the consumer does not have proper identification available. A "failed delivery" also occurs when a pick-up is scheduled and the consumer is not present at the correct time. Perishable items may be billed in full in the case of a failed delivery, at the sole discretion of Max Delivery. Perishable products and Prepared foods may be billed in full if the order has been assembled prior to cancellation. All fees and charges are non refundable. Non-perishable items will be subject to a 15% restocking fee if a delivery attempt has been made.
Max Delivery offers a satisfaction guarantee on all products. If a product is unsatisfactory, please contact Max Delivery for a replacement or refund. Choice of refund or replacement item will be at the discretion of management. Refund requests must be made within 2 days of purchase and the unsatisfactory item may be required in their original packaging, if applicable, in order to effect a refund. Refund will be made to store credit or to the payment method originally used to process the order. Perishable items may be billed in full in the case of a failed delivery or cancelled order, at the sole discretion of Max Delivery. Perishable products and prepared foods may be billed in full if the order is cancelled after the items have been assembled for delivery. All fees and charges are non refundable. Non-perishable items will be subject to a 15% restocking fee if the order has been assembled prior to cancellation. Wines & Liquors are non-refundable.
To rent items from Max Delivery, you must establish an account and secure it with a credit card.
- Late Rentals
Late returned movies will be assessed a fee of $1.50 for each day that they are late. After 13 days, the movie will be assumed to be lost and you will be charged for the full replacement cost of the movie in addition to any late fees accrued up until that point. See our Rental Agreement for full details.
- Rental Period
Unless a special promotion applies, movies rentals are valid for three (3) days. All rentals are due by midnight of the specified due date. For instance, a three-day rental rented on Monday must be postmarked or returned to Max Delivery by midnight on Thursday of that week. Movies which would be due on Sunday are granted an extra day's grace period due to unavailability of the post office on Sundays. The due date for the rentals are clearly printed on the receipt.
- Rental Returns
Rentals are considered returned as of either the postmark on the return envelope that is shipped with the rental or as of the time picked up for items picked up by MaxDelivery personnel.
Subscription Billing By subscribing to a MaxDelivery subscription plan, you are agreeing that we may bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the subcription service. Charges for lost or excessively damaged movies may still be charged at full retail cost at the sole discretion of MaxDelivery. Upon commencement of your subscription plan ("Subscription Initiation"), your credit card on file will be charged for the cost of the movie. Subsequent charges will be billed on the same day of each month to your credit card on file with each monthly renewal until and unless you cancel your subscription plan. Should the Payment Method used for previous months be declined, MaxDelivery will attempt to use other active Payment Methods set up on your account. Should no payment be able to be successfully authorized, your subscription will be cancelled immediately. All subscription charges and fees are nonrefundable and partially used periods will not be credited or refunded.
Subscription Renewal Subscription Plans will be automatically renewed on a monthly basis on the same day of the month ("Renewal Date") that the original Subscription Initiation was performed. We will bill the monthly subscription fee plus applicable taxes to the Payment Method used your during Subscription Initiation. Should this payment be declined or unable to process, we will attempt to charge the renewal charge to other Payment Methods registered on the account. Subscription plan membership will automatically renew, without prior notice to you, unless and until you cancel your membership or we terminate it. Cancellations must be received before the Renewal Date in order to avoid billing of the subscription fees for the subsequent period.
Subscription Cancellation You may cancel your subscription plan at anytime, and cancellation will be effective immediately. Cancellations can be effected by clicking on the Unsubscribe button in the My Account area. Cancellations will be effective immediately upon this action and all outstanding movies will revert to being subject to the standard MaxDelivery Rental Agreement and will be due three (3) days from the cancellation date. All subscription charges and fees are nonrefundable and partially used periods will NOT BE CREDITED OR REFUNDED.
Subscription Termination We reserve the right to terminate your subscription plan for any or no reason.
In order to most effectively provide you with access to your account, MaxDelivery, LLC will place a cookie (a small text file) on any computer from which you access the Max Delivery Web site. When you return to the Max Delivery web site, this cookie may help us to recognize you as the proper account holder and provide you with direct access to your account without requiring you to retype your password or other user identification. You shall be responsible for protecting the confidentiality of your account and password and for restricting access to your computer.
As an incentive to attract new customers to the service, Max Delivery may from time to time provide a registration coupon code or other incentives to potential new customers to use during their sign up process. These coupons are valid one per household for new registrations only. Addresses where delivery directly to the door of the apartment is not possible are not eligible for registration and new customer discounts. Max Delivery reserves the right to remove fraudulently applied coupons and/or refuse service to customers who attempt to use these registration coupons more than once per household. Coupons are not redeemable for cash value and may be revoked by the management at any time for any reason. Max Delivery coupons are not applicable to products sold by our partner companies such as wine/spirits vendors or restaurant partners.
Disclaimers of Warranties and Limitations on Liability
The Max Delivery Web site and its contents are provided "as is" and MaxDelivery, LLC makes no representations or warranties of any kind with respect to the Max Delivery Web site or its contents, or our services. We assume no responsibility or liability for any failures, delays, or interruptions in the delivery of any content contained on the Max Delivery Web site, any errors or omissions in the content of the Max Delivery Web site, , any damages or losses arising from the use of the Max Delivery Web site, or any conduct by users of the Max Delivery web site. We disclaim all warranties and representations, including, for example, warranties of fitness for a particular purpose, merchantability, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is complete, correct, or current.
Under no circumstances shall MaxDelivery, LLC, its members, directors, officers, or employees be liable (jointly or severally) to you for any incidental, special, indirect or consequential damages of any kind, or any damages whatsoever resulting from, arising out of or in connection with the use or performance of Max Delivery or our services. If any applicable authority holds any portion of this section to be unenforceable, the same shall not invalidate any other portion of this section and any liability will be limited to the fullest possible extent permitted by applicable law.
You agree to hold harmless and indemnify MaxDelivery, LLC and its heirs and affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liabilities and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of the Max Delivery website including transmission or placement of information or material by you on Max Delivery. This provision shall survive the termination of your right to use Max Delivery
Max Delivery is not responsible for technical issues associated on the web site, including but not limited to software crashes.
The content on the Max Delivery Web site, including graphics, images, text, logos, designs, photographs, audio/video clips, button icons, digital downloads, data compilations, and software, is the property of MaxDelivery, LLC or its suppliers and is protected by United States and international copyright laws. All content on this site is the exclusive property of MaxDelivery, LLC and protected by U.S. and international copyright laws. It should not be reproduced or used without express written permission from MaxDelivery LLC.
MaxDelivery.com is a trademark of MaxDelivery, LLC. The graphics, logos, page headers, button icons, scripts and service names on the Max Delivery web site are trademarks or trade dress of MaxDelivery, LLC. MaxDelivery LLC's trademarks and trade dress may not be used in connection with any product or service that is not MaxDelivery LLC's, in any manner that disparages or discredits MaxDelivery, LLC, or in any manner that is likely to cause confusion among Max Delivery customers. or. All other trademarks not owned by MaxDelivery, LLC that appear on the Max Delivery Web site are the property of their respective owners, who may or may not be affiliated with MaxDelivery, LLC or MaxDelivery.com. Images of persons or personalities contained on the MaxDelivery.com Web site shall not be an indication of endorsement of any product or our service unless otherwise specifically indicated.
Entertainment and Web Site Content
We distribute television, movie, and other filmed entertainment. In addition, the Max Delivery Web site allows you and others to post reviews or comments concerning the entertainment distributed by Max Delivery. Any advice, statements, opinions, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Max Delivery Web site are those of the individual authors or producers and not of MaxDelivery, LLC or its members, directors, officers, or employees. Under no circumstances shall MaxDelivery, LLC or its members, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Max Delivery Web site. It is your responsibility to evaluate the content available through the Max Delivery Web site.
We may permit you to post reviews on the Max Delivery Web site in accordance with the policies and procedures established on the Max Delivery Web site and provided that the content is not obscene, threatening, illegal, defamatory or otherwise objectionable to MaxDelivery, LLC in its sole discretion. In posting such content, you agree to provide an accurate e-mail address and agree not to otherwise mislead us or others regarding the origin of such content. Max Delivery reserves the right to remove or edit such content at anytime without notice.
Use of Information Submitted
MaxDelivery, LLC is permitted to use any ideas, concepts, reviews, comments, information or techniques contained in any communication sent to the Max Delivery Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, marketing, developing and manufacturing products and creating, modifying or improving the Max Delivery Web site or other Web sites. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free license to reproduce, use, display or modify that information.
Your Conduct on the Max Delivery Web Site
By accessing the Max Delivery Web site, you agree not to send or transmit any material to Max Delivery that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment connected with the Max Delivery Web site. You also agree not to obstruct the servers or networks connected to the Max Delivery Web site or to violate any of the procedures, policies or regulations of networks connected to the Max Delivery Web site, the terms of which are incorporated herein. You also agree not to imitate any other person while using the Max Delivery Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Max Delivery Web site for any unlawful purpose.
Limitations on Use
Individuals under the age of 18 are not permitted to utilize the services provided by MaxDelivery, LLC without the involvement of a parent or legal guardian. Unless otherwise specified, the content on the Max Delivery Web site is for your personal use, and shall not be used for commercial purposes, and we grant you a limited license to access the Max Delivery Web site for that purpose. You may not modify, copy, distribute, display, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Max Delivery Web site without our express written consent. Any unauthorized use of the Max Delivery Web site or its contents will terminate the limited license granted by us.
Right to Cancel
We reserve the right to cancel any order for any or no reason whatsoever. Should we cancel an order at our discretion, any and all funds will not be settled with your credit card and no funds will flow to Max Delivery.
Right to Terminate
We reserve the right to restrict or terminate your use of our service, without notice, for any or no reason whatsoever.
Some hyperlinks on the Max Delivery Web site may lead to other Web sites not controlled by, or affiliated with, MaxDelivery, LLC. In addition, other Web sites may link to the Max Delivery Web site. MaxDelivery, LLC has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.