Last updated: May 24, 2021
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://miccellusa.com website (the “Service”) owned and operated by Broadmax Distributor Inc (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account
Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Miccellusa and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Miccellusa.
Miccellusa has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Miccellusa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Governing Law and Dispute Resolution
Governing Law and Jurisdiction:
This User Agreement is governed by the laws of the State of New York, without regard to conflicts of law principles. You and BROADMAX DISTRIBUTOR Inc. agree that if a court or other tribunal determines that the arbitration agreement is invalid, all disputes will be resolved in a court located in New York County in the State of New York, whether federal or state court.
Prohibition on Certain Lawsuits:
YOU AND BROADMAX DISTRIBUTOR INC. EACH WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.
Dispute Resolution:
If you have an issue with any of our services, you must contact our customer service department before considering any legal action. If you and the customer service department fail to resolve, you agree to resolve the dispute exclusively through arbitration.
Arbitration:
You and We agree that the exclusive forum for the resolution of any dispute that arises out of, from, or about your use of this website or purchase of MICCELLUSA products shall be via the American Arbitration Association in New York, NY, for a final and binding decision
In consideration of the above, both parties agree to pursue only direct damages and not indirect or exemplary damages.
Claims Time Limit:
You agree that the commencement of a lawsuit or cause of action that is connected to or arises out of your access to the MICCELLUSA website or products must be within one (1) year after the complaint of occurrence occurred; otherwise, your claim will be permanently barred.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
Entire Agreement
These Terms constitute the entire agreement between you and us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Broadmax Distributor Inc Return Policy
Items can be returned within 90 days of delivery receipt using the Online Returns Center. It can take up to 25 days for an item to reach us once you return it. Once the item is received at our fulfillment center, it takes 2 business days for the refund to be processed and 3-5 business days for the refund amount to show up in your account.
Your return label will require you to return the item at your own expense. Broadmax Distributor Inc. will automatically refund up to $20 for return postage costs on receipt of the item. If your return postage costs exceed $20, you may contact our Customer Service Center to request a refund of the remaining postage cost. If you return a defective, damaged, or incorrect item, you’ll be refunded the full postage cost, as well as your Import Fees Deposit, once your return is processed.
Contact Us
If you have any questions about these Terms, please contact us.