This is a structured working draft written to be reviewed, not published. The disclaimer, liability, and dispute resolution sections in particular are jurisdiction-sensitive and materially affect enforceability. A licensed attorney must finalize this before launch.
Agreement and eligibility
These Terms of Service form a binding agreement between you and MAXEN USA, a United States limited liability company, BUSINESS ADDRESS (“Maxen,” “we,” “us”). By using this website or placing an order, you accept these terms.
You must be at least 18 years old and a resident of the United States to purchase from us. By ordering, you represent that you meet both conditions.
Our products
Maxen products are dietary supplements, not drugs. They are not intended to diagnose, treat, cure, or prevent any disease. Our Medical Disclaimer is incorporated into these terms by reference, and you should read it before purchasing.
Product images are representative. Labels, formulations, and packaging may change; always read the label on the product you receive.
Orders, pricing, and payment
- All prices are in U.S. dollars and are subject to change without notice.
- Applicable sales tax is calculated and added at checkout based on your shipping address.
- An order is an offer to buy. We accept it when we ship. We may refuse, limit, or cancel any order.
- We may limit quantities per person, per household, or per order, and may refuse orders that appear to be for resale.
- We reserve the right to correct pricing, description, or availability errors, including after an order is placed. If we cancel an order for this reason, we refund you in full.
- Payment is processed through Shopify Payments and other processors. You represent that you are authorized to use the payment method you provide.
Subscriptions
If you subscribe, you authorize recurring charges to your payment method until you cancel. The full terms — renewal cadence, reminder emails, price change notice, and cancellation — are set out in our Subscription Terms, which are incorporated here by reference.
You may cancel at any time from your account or by emailing support@maxen.com. Cancellation is effective for any order not yet processed.
Shipping, returns, and the guarantee
Our Shipping Policy and Refund Policy are incorporated into these terms. Risk of loss passes to you on delivery of the product to the carrier, subject to the protections described in our Shipping Policy.
Your account and acceptable use
You're responsible for keeping your account credentials secure and for activity under your account. Notify us immediately of unauthorized use.
You agree not to:
- Resell Maxen products without our written authorization
- Provide false information or impersonate anyone
- Scrape, crawl, or harvest data from the site
- Interfere with the site's operation or security
- Abuse the money-back guarantee across multiple accounts or addresses
- Use the site for any unlawful purpose
Intellectual property
The Maxen name and logo, the AM / DAY / PM system presentation, and all site content, copy, photography, and design are owned by MAXEN USA and protected by U.S. intellectual property law. Nothing here grants you a license to use them.
Tesnor® and elevATP® are registered trademarks of their respective owners and are used under license. Confirm your supplier agreements permit this usage statement.
Reviews and submissions
If you submit a review, photo, or other content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display it in connection with our business. You represent that the content is your own, truthful, and reflects your actual experience.
We may remove any submission at our discretion. We do not edit reviews to change their substance, and we do not offer compensation in exchange for positive reviews.
Disclaimers
To the fullest extent permitted by law, this website and our products are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the site will be uninterrupted or error-free, or that any product will produce a particular result for you. Individual results vary.
Warranty disclaimers are limited by state law, and some states do not permit exclusion of implied warranties. This section must be drafted to your governing jurisdiction.
Limitation of liability
To the fullest extent permitted by law, MAXEN USA will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the site or our products.
Our total liability for any claim will not exceed the amount you paid for the product giving rise to the claim.
Liability caps are jurisdiction-sensitive and cannot limit liability for personal injury in many states — a material consideration for an ingestible product. Do not template this section.
Indemnification
You agree to indemnify and hold harmless MAXEN USA and its officers, members, and employees from any claim arising out of your breach of these terms, your misuse of the site, or your violation of any law or third-party right.
Governing law and disputes
These terms are governed by the laws of the State of STATE OF ORGANIZATION, without regard to conflict of law principles. Any dispute will be brought in the state or federal courts located in COUNTY, STATE, and you consent to that jurisdiction.
Whether to include a binding arbitration clause and class action waiver is a significant business and legal decision with real trade-offs. It must be drafted, positioned, and disclosed correctly to be enforceable — and consumer arbitration clauses face increasing scrutiny. Do not copy one from a template.
Changes and contact
We may update these terms. The date at the top reflects the current version, and material changes take effect when posted. Continued use of the site constitutes acceptance.
If any provision is found unenforceable, the rest remains in effect.
MAXEN USA
BUSINESS ADDRESS
support@maxen.com