Legal Notice and Terms and Conditions of Use

Please Read Carefully Before Using This webSite

This Web site and the materials contained on it (the “Contents”) are provided by Maxwell’s Apothecary for informational purposes only.  By using this Web site or downloading or copying materials from this Web site, you agree to follow the terms and conditions of this Notice.  If you do not agree to follow these terms and conditions do not use this Web site or download or copy materials from this Web site.

Copyright / Trademark

This Web site, the Contents and the collection, arrangement and assembly of the Contents are the exclusive property of Maxwell’s Apothecary and are protected by international and United States copyright laws.  The Maxwell’s Apothecary names mentioned or shown at this Web site are registered trademarks, trademarks or service marks of Maxwell’s Apothecary in the United States and other countries.  Maxwell’s Apothecary trademarks or service marks may not be used in connection with any product or service that is not an Maxwell’s Apothecary product or service, in any manner that is likely to cause confusion among customers, or in any manner that refers to Maxwell’s Apothecary in a negative way.  Maxwell’s Apothecary acknowledges the rights of third parties whose trademarks or registered trademarks are referenced at this Web site. Your misuse of the trademarks displayed on this Web site, or any other content on the site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Maxwell’s Apothecary will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Limited Use

Subject to the terms and conditions of this Notice, Maxwell’s Apothecary grants you a non-exclusive, non-transferable, limited license to access, display and use this Web site and its Contents.  Maxwell’s Apothecary  authorizes you to view and download the Contents for your personal, informational, non-commercial purposes only.  The Contents may not be modified or re-posted to other sites.  You must retain all copyright and other proprietary notices on all copies of the Contents.  You shall comply with all copyright laws worldwide in your use of this Web site and prevent unauthorized copying of the Contents.  Except as provided in this Notice, Maxwell’s Apothecary does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.

Submission of Comments

           Maxwell’s Apothecary does not want and you should not send any information or materials via this Web site that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that contain or incorporate the proprietary material of another.  Any information that you provide of a confidential personal nature will be handled in accordance with the Privacy Policy set forth in this Web site.

Disclaimer

The Contents, any testimonials provided on this web site, AND ALL PRODUCTS PURCHASED OR SOLD THROUGH THIS WEB SITE are provided “As Is” without warranties of any kind, either express or implied, and Maxwell’s Apothecary disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permissible under applicable law.  The Contents may contain inaccuracies and typographical errors and Maxwell’s Apothecary does not warrant the accuracy, completeness or timeliness of the Contents or the reliability of any advice, opinion, statement or information displayed or distributed through this Web site.  You acknowledge that any reliance on the Contents or any portion thereof shall be at your sole risk. Maxwell’s Apothecary also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Maxwell’s Apothecary does not and will not provide medical advice of any kind.  All grooming tips or testimonials contained on this Web site and all Maxwell’s Apothecary responses to questions you submit constitute non-medical grooming suggestions only and are not medical advice. The foregoing is provided solely for the purpose of informing consumers on beauty, cosmetics and personal care topics.

You should always consult with your physician or other qualified health care provider before commencing a new treatment, health or personal care program. You should never disregard the advice of your personal physician or delay in seeking it because of something you have read on Maxwellsonline.com.  This information is not intended to be medical advice and is not a substitute for personal consultation with your medical professional and may be incomplete or include errors and omissions.  If any irritation or other adverse reaction occurs, discontinue use immediately.

Maxwell’s Apothecary WILL NOT BE LIABLE FOR ANY COMPLICATIONS, INJURIES OR OTHER MEDICAL PROBLEMS ARISING FROM, OR IN CONNECTION WITH, THE USE OF THIS INFORMATION.

Third-Party Sites

This Web site may contain links to Web sites operated by entities other than Maxwell’s Apothecary.  If you use these links you will leave this Web site. Conversely, Web sites operated by entities other than Maxwell’s Apothecary may contain links to this Web site.  The linked and linking sites are not under the control of Maxwell’s Apothecary and Maxwell’s Apothecary is not responsible for the contents of any linked or linking site or any link contained in a linked or linking site or any changes or updates to such sites.  Maxwell’s Apothecary provides / allows such links as a convenience only and the existence of any link does not mean that Maxwell’s Apothecary endorses, supports or accepts any responsibility for the content or use of such sites.  You are solely responsible for the results and consequences of your use of such links.

Rules Regarding Third-Party Linking to This Web site (“Rules”)

1.         No person may link to this Web site without written consent of Maxwell’s Apothecary, execution of a copy of these Rules and registration with Maxwell’s Apothecary.

2.         Third-party links to this Web site shall use only the term Maxwell’s Apothecary (the “Text Link”) to create such links.  By displaying the Text Link, whether or not you have executed a copy of these Rules, you agree to be bound by these Rules.

3.         You shall not use any Maxwell’s Apothecary logo, trade mark, service mark or other similar feature in the creation of any link to this Web site.

4.         You shall only use the Text Link on your Web site and not in any other manner.  It must always be an active link to the home page of this Web site at http://www.maxwellsonline.com or such other universal resource locator as Maxwell’s Apothecary may designate.

5.         You shall not create any direct link to any secondary or sub-page of this Web site.  A link to this Web site shall not conceal or alter any portion of this Web site.

6.         You shall only use the Text Link on Web pages that make accurate references to Maxwell’s Apothecary and its products and services.  You must display the Text Link adjacent to any Maxwell’s Apothecary reference or at the bottom of the same page.  Your Web page title and other trademarks and logos must appear at least as prominent as the Text Link.  You shall not display the Text Link in any manner that: (i) implies sponsorship, endorsement, or license by Anthony; or (ii) conceals, disguises or creates confusion about the identity of Maxwell’s Apothecary as the source of the linked Web site.

7.         You shall not present, portray or use information from any source other than Maxwell’s Apothecary in a manner which creates the appearance that Maxwell’s Apothecary is the source of such information.

8.         You shall not use this Web site to create a link directly to a third-party Web site without the written consent of Maxwell’s Apothecary and the owner of the third-party Web site.

9.         You shall not use the Text Link as a feature or design element of any other logo, trade mark, service mark, or other similar feature.

10.       You shall display the Text Link in a font size at least as large as all surrounding text and you shall not modify or distort the Text Link in any manner.

11.       You shall not use the Text Link on any Web site that refers to Maxwell’s Apothecary or its products or services in a negative manner, infringes any Maxwell’s Apothecary intellectual property or other rights, or violates any applicable law.

12.       You shall defend and indemnify Maxwell’s Apothecary against any claims, liability, damages, and costs suffered by Maxwell’s Apothecary as a result of your violation of these Rules.

13.       These Rules do not grant a license or any other right in any Maxwell’s Apothecary logo or trademark. Maxwell’s Apothecary reserves the right in its sole discretion to terminate or modify permission to use the Text Link at any time. Maxwell’s Apothecary reserves the right to take action against any use that does not conform to these Rules, infringes any Maxwell’s Apothecary intellectual property or other right, or violates other applicable law.

14.       Maxwell’s Apothecary DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESS OR IMPLIED BY LAW REGARDING THE TEXT LINK, INCLUDING WARRANTIES AGAINST INFRINGEMENT.

            If you wish to create a link  to this Web site and agree to be bound by these Rules, you can contact Maxwell’s Apothecary as described on the Contact Us page of this Web site.

Limitation of Damages

In no event shall Maxwell’s Apothecary or any of its subsidiaries be liable for any direct, indirect, special, consequential, incidental or other damages that are in any way related to the use or the inability to use, the content, materials, and functions of this Web site or any linked or linking site, even if Anthony is expressly advised of the possibility of such damages.

International Users / Choice of Law / Jurisdiction

This Web site is administered by Maxwell’s Apothecary from its offices in Herndon, VA. Maxwell’s Apothecary makes no representation that the Contents are appropriate or available for use at other locations and access to them from jurisdictions where the Contents are illegal is prohibited.  You shall not import, export or use the Contents in violation of any applicable laws.  In accessing this Web site you are solely responsible for compliance with all applicable local laws.  These terms and conditions shall be governed by the laws of the State of Virginia, without giving effect to its conflict of laws provisions.  Through publication of this Web site, Maxwell’s Apothecary does not intend to submit to the jurisdiction of any court outside the State of Virginia and venue for any dispute arising out of the contents or use of this Web site shall be in State or Federal court in the State of Virginia.

Maxwell’s Apothecary Privacy Policy

Our Privacy Philosophy

Maxwell’s Apothecary is sensitive to privacy concerns of Internet users and wants to make your online experience with us satisfying and safe.  This Privacy Policy describes our position regarding the collection and use of information we obtain about persons who visit our Web site.  By visiting our Web site, you agree to the practices we describe in this Privacy Policy.

Information Collection Generally

            The collection of information about users during visits to this Web site, as described below, is controlled by Maxwell’s Apothecary.  Questions or complaints about this Privacy Policy or its application can be directed to us in the manner described on the Contact Us page of this Web site.

            In general, you can visit this Web site without identifying who you are or revealing any information about yourself.  Information collected online can generally be categorized as anonymous or personally identifiable.  Anonymous information is information that cannot be connected to the identity of a specific individual.  Personally identifiable information is information that specifically identifies a particular user, such as name, address or phone number.  An example of anonymous information is the fact that, while this Web site may record the number of visits to a particular page that occur in a given period of time, it does not necessarily tell us the names or other identifying information of every visitor.  Many users of this Web site will choose not to provide any personally identifiable information and, therefore, those individuals are anonymous to us and any data collected about their use of this Web site is anonymous information.

Voluntary Information

            We collect personally identifiable information for three basic reasons: (i) to respond to your questions to us; (ii) to enter you in our contest; and (iii) to track and process your purchases from our Web site.  The amount of personally identifiable information that you choose to disclose to us is entirely up to you.  The only way we know something about you personally is if you provide it to us.  Your decision regarding how much personally identifiable information you disclose will obviously affect the scope of your use of our Web site.  In particular, in order to submit a question or enter our contest you are required to provide certain personally identifiable information.  Without such information we will not be able to respond to your questions or enter you in our contest.

Automatic Anonymous Information

            When you surf the Internet, your Internet browser (such as Netscape Navigator® or Microsoft Internet Explorer) automatically transmits some information to us every time you access content on our site.  Examples of such information include the URL of the Web page you were just on (known as the "Refer"), the IP (or Internet Protocol) address of the computer you are using, or the browser version you are using to access our site.  All of this information is aggregated to measure the number of visits, average time spent on this Web site, pages viewed and similar usage information.  We collect this information and use it to measure the use of this Web site and improve the content of this Web site.  All of the information that is automatically submitted to us by your browser is considered anonymous information.  To the extent we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.

Use of Information Collected

            If you choose to provide personally identifiable information to us, we will maintain such information for purposes of tracking and promoting sales and advising you of new products and events.

            We may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities.  If requested by law enforcement or judicial authorities, we will provide this information upon receipt of the appropriate documentation.  We may also release information to law enforcement agencies or other third parties if we feel it is necessary to protect the safety and welfare of our personnel or to enforce our Terms of Use.

            Other companies that place advertising on our site may collect information about you when you view or click on their advertising or content through the use of cookies.  Due to the way the Internet technically operates, we cannot control this collection of information.  You should contact these advertisers or content providers directly if you have any questions about their collection and use of information about you.  It should be noted that anyone placing advertising on our Web site can only collect anonymous information about you unless you actively provide personally identifiable information to them.

Reviewing, Revising or Deleting Information Collected

            By providing personally identifiable information, you consent to our use of such information as set forth in this Policy unless you specifically opt out of any such use.  If you choose not to provide personally identifiable information, you can still use most of this Web site.  However, you will not be able to utilize aspects of the site that require submission of personally identifiable information.  You may review and update personally identifiable information you have provided us or withdraw your consent to allow us to retain personally identifiable information you have provided at any time by clicking on the “login” section of our site.  If you withdraw your consent, however, you will no longer be able to participate in the activity for which your consent was previously given.

            We reserve the right to contact you if compelled to do so as part of a legal proceeding or if there has been a violation of our Terms and Conditions of Use.  We are retaining this right because in limited cases we feel that we may need the right to contact you as a matter of law or regarding matters which will be important to you. These rights do not allow us to contact you to market a new or existing service if you have asked us not to do so, and issuance of these types of communications are rare.

Security

We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by our users.  We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur. 

Maxwell’s Apothecary reserves the right to change or update this Privacy Policy at any time by notifying visitors of the existence and location of the new or revised Privacy Policy.

Transfer of Customer Information

            Customer lists and information are properly considered assets of a business.  Accordingly, if we merge with another entity or if we sell our assets to another entity, our customer lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.