Effective Date: March 1, 2021
Welcome to www.fundermax.us (this “website”), the website of Fundermax North America Inc., a North Carolina corporation (the “Company” “we,” “us” or “our”) and the wholly-owned subsidiary of Fundermax GmbH, an Austrian corporation (the “Fundermax”). Fundermax is owned by Constantia Industries AG, one of the largest industrial companies in Austria.
This website is offered and available to users who 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet such requirements, you must not access or use the website.
4. Accessing the Website and Account Security
We reserve the right to withdraw or amend this website, and any information, service or material we provide on the website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to certain users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5. Intellectual Property Rights
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio and the design, selection and arrangement thereof) are owned by the Company and/or its licensors or other providers of such material (including our parent corporation) and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM memory incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the website for your own purposes relating to a potential or intended business relationship with us and not for further reproduction, publication or distribution to a third party unrelated to doing business with us.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for learning about our products and services or conducting business with us, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes unrelated to us any part of the website or any services or materials available through the website.
The Company name and all related names, logos, product and service names, designs and slogans are trademarks and service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this website are the trademarks and service marks of their respective owners.
7. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any intellectual property or data protection laws).
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm the Company or users of the website or expose them to liability.
8. Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
9. Changes to the Website
We may update the content on this website from time to time, and to the extent that we rely on products, services or pricing of others, the content may not necessarily be complete or up-to-date. You agree not to hold us responsible for any information or content that is provided by others or is otherwise outside our immediate control.
10. Information About You and Your Visits to the Website
11. Linking to the Website and Social Media Accounts
This website may provide certain social media features, may link users to the Company’s social media sites at Facebook, Instagram, LinkedIn, YouTube, or Pinterest, or may otherwise enable users to:
- Link from their own or certain third-party websites to certain content on this website.
- Send emails or other communications with certain content, or links to certain content, on this website.
- Cause limited portions of content on this website to be displayed or appear to be displayed on their own or certain third-party websites.
You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, by framing, deep linking or in-line linking.
- Link to any part of the website other than the homepage.
12. Links From the Website
If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
13. Geographic Restrictions
The owner of the website is based in the State of North Carolina in the United States. We provide this website for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14. Disclaimer of Warranties
We cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protection. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from death or bodily injury caused by products you purchase through the website.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Governing Law and Jurisdiction
19. Limitation on Time to File Claims
20. Waiver and Severability
21. Entire Agreement
22. Our Contact Information
22.1 This website is owned and operated by Fundermax North America, Inc.
22.2 Our principal place of business is located at 9401-P Southern Pine Boulevard, Charlotte, North Carolina 28273 (USA), phone: (980) 299-0035.
22.3 You can contact us:
(a) by mail to the address set forth in Section 22.2; or
(b) by telephone at the number set forth in Section 22.2 or at any other contact number published on our website from time to time.
22.4 All other feedback, comments, requests for technical support and other communications relating to the website should be directed to firstname.lastname@example.org.