Terms of Use

TERMS OF USE

Last Updated: April 15, 2026

The materials on this Website, www.CyberMaxx.com (the “Site”), are provided by CyberMaxx and its affiliates (collectively “CyberMaxx,” “we,” “us,” or “our”). These Terms of Use (the “Terms of Use”) govern the use of the Site. By accessing or using our Site, you acknowledge that you have read, fully understand, and agree to the Terms of Use, as well as our Privacy Policy.  If you do not agree then you may not access the Site or use our Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

These Terms of Use apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, and/or merchants. These users are referred to as “you” throughout this agreement.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND CyberMaxx, WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR JURY TRIAL, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US.

  1. Site Use

CyberMaxx makes the Site available to you, and grants you a limited license to view and access the Site, including without limitation, all designs, text, messages, communications, documents, graphics, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from our licensors, software, and other files or information (“Content”). You shall not record or otherwise copy any Content except as otherwise provided.

You agree not to use the Site in a way that violates any laws, infringes any individual or entity’s rights, is inappropriate or offensive, or interferes with the Site or any features on the Site (including any technological measures we employ to enforce these Terms of Use). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to prohibit you from using the Site and take appropriate legal actions.

The use of automated technologies such as scrapers, bots, spiders, crawlers, data mining tools, software, or code to access, copy, or monitor any portion of the Site is prohibited. You shall not use software or hardware designed to damage, disrupt, or intercept any data, systems, or personal information associated with the Site or Services. Transmission of viruses, worms, Trojan horses, or other harmful software or code to the Site is strictly prohibited.

You are prohibited from infringing or otherwise violating any third-party rights, including without limitation, third-party intellectual property rights. You acknowledge and agree that using our Site does not afford you any rights to the Content you access. You may not use, copy, edit or distribute Content from the Site unless you obtain prior written approval from us or any third-party owner, or unless you are otherwise permitted by law. For more information, please see Section 3 of these Terms of Use (below).

You may download one copy of the Content found on the CyberMaxx Site on a single computer for your personal, non–commercial internal use only, unless specifically licensed to do otherwise by CyberMaxx in writing, or as allowed by any license terms that accompany or are provided with individual Content. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Content or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Content except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Content; (d) transfer the Content to another person. You agree to prevent any unauthorized copying of the Content.

Any material, information or other communication you transmit or post to this Site will be considered non–confidential and non–proprietary (“Communications”). CyberMaxx will have no obligations with respect to the Communications. CyberMaxx and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non–commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

  1. Privacy

The Personal Information collected from or provided by you in the course of accessing the Site is governed by the CyberMaxx Privacy Policy, incorporated here by reference. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

  1. Accounts

To access certain areas of the Site, including to use our Services, you may be required to set up an account with us (your “CyberMaxx Account”). You must provide current, truthful and accurate information when creating an account. You are responsible for keeping your CyberMaxx Account updated to reflect any changes. You must be at least 18 years old to create a CyberMaxx Account.

You are responsible for setting a strong password and maintaining the integrity of your CyberMaxx Account log-in information. If you believe that your CyberMaxx Account has been compromised at any time, please contact us via email at support@cybermaxx.com.

  1. Trademark Information

All trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of CyberMaxx and its affiliates, and/or third parties who have authorized their use, and Content on the Site is protected by copyright or other intellectual property rights (collectively, our “Intellectual Property”), except where explicitly noted otherwise. CyberMaxx’s Intellectual Property may be used publicly with permission only from CyberMaxx. Fair use of CyberMaxx’s Intellectual Property in advertising and promotion of CyberMaxx products requires proper acknowledgement. Other names and brands may be claimed as the property of others.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, create derivative works of, or modify the Intellectual Property in any way. We will enforce our rights to the fullest extent of the law, including seeking criminal prosecution, if necessary.

  1. Performance and Information

Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of CyberMaxx products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of systems or components they are considering purchasing. For more information on performance tests and on the performance of CyberMaxx products, please contact us as described below.

  1. Disclaimers and Liability

Use of the Site is at your own risk. CyberMaxx and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Site. CyberMaxx may make changes to the Site, or to the products described therein, at any time without notice. CyberMaxx makes no commitment to update the Site.

THE SITE AND CONTENT ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL CyberMaxx OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF CyberMaxx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.  THIS SECTION ALSO CONTAINS A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION, AS WELL AS A RIGHT TO HAVE A TRIAL BY JURY.   YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Except as specifically provided herein, any dispute or claim relating in any way to your use of the Sites or Services, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. For the purposes of this Section, the terms “Company,” “our,” “we,” or “us” include CyberMaxx, or any of their respective officers, directors, or employees.  CyberMaxx’s subsidiaries, affiliates, and any of their officers, directors, or employees are intended to be third-party beneficiaries of this Arbitration Agreement.

This Agreement does not in any way alter your ability to bring concerns to the attention of the Company’s customer service, or to raise any concerns with federal, state, or local agencies. The Federal Arbitration Act, federal arbitration law, and the laws of your home state of residence, without regard to conflict of laws principles, apply to this agreement and any dispute or claim between you and CyberMaxx.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

Mandatory Pre-Arbitration and Informal Dispute Resolution. You and CyberMaxx agree that good-faith informal efforts to resolve Disputes often can result in a prompt, low-cost and mutually beneficial outcome.  Therefore, you and we agree to engage cooperatively to try and resolve any Dispute informally prior to you or we initiating an arbitration proceeding.

The party initiating the Dispute must send a letter providing details of the Dispute to the other party (“Pre-Dispute Notice”), including at least the following information: (1) the initiating party’s name and contact information (address, telephone number, email address, and account number if applicable); (2) sufficient information to enable you or we to identify any transaction at issue (including any receipts or purchase details); (3) the nature and basis of the Dispute and any claims; and (4) the nature and basis of the relief sought (including a calculation of any damages).  Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel) and sent to our registered agent: Corporation Service Company, 2908 Poston Ave, Nashville, Tennessee 37203. Our notice to you must be personally signed by a CyberMaxx representative (and our attorney if we are represented by legal counsel) and will be sent to the most recent contact information you have provided us.

For a period of 60 days from the date of receipt of a completed Pre-Dispute Notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute.

If requested by us in connection with a Pre-Dispute Notice initiated by you, you agree to personally participate in an individualized, telephone dispute resolution conference (and if you are represented by an attorney, your attorney may also participate) in a good-faith effort to resolve informally the Dispute.  If requested by you in connection with a Pre-Dispute Notice initiated by us, we agree to have a CyberMaxx representative personally participate in an individualized, telephone dispute resolution conference (and if CyberMaxx is represented by counsel, CyberMaxx counsel may also participate) in a good-faith effort to resolve informally the Dispute.  If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below.  Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of this informal dispute resolution process.

Any applicable limitations period (including statute of limitations) and filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution.

If the sufficiency of a Pre-Dispute Notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue.  The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees.  You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

Arbitration Rules. Upon completion of the mandatory pre-Dispute process, the parties may initiate formal arbitration proceedings pursuant to American Arbitration Association (“AAA”) Consumer Arbitration Rules then in effect (the “AAA Rules”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.

The payment of any filing, administrative, or arbitrator fees will be governed by the applicable AAA Rules.  The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose. You and CyberMaxx agree that the parties have a shared interest in reducing the fees and costs, and increasing the efficiencies, associated with arbitration.  Therefore, you or CyberMaxx may elect to engage with the arbitration administrator regarding fees, and you and CyberMaxx agree that the parties (and their counsel, if the parties are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.  If the value of relief sought is less than $10,000, you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the discretion of the arbitrator to conduct an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or the Company may attend by telephone, unless the arbitrator requires otherwise.

We each expressly agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, regardless of whether the procedures or rules of AAA would allow such an action. We each expressly waive our rights to file or participate in a class action or seek relief on a class or representative basis. Further, and unless we each expressly agree in writing, the arbitrator may not consolidate more than one individual party’s claims with any other party’s claims, and may not otherwise preside over any form of a representative or collective proceeding. If for any reason the class, consolidated, or representative action waiver is found to be unenforceable, the class, consolidated, or representative action may only be heard in court and may not be arbitrated under this Agreement. If either party fails to comply with this arbitration provision relating to any Dispute, said breaching party shall be liable for the costs and attorneys’ fees incurred by the other party in enforcing compliance with the arbitration agreement.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND CyberMaxx WAIVE THE RIGHT TO A JURY TRIAL.  YOU AND CyberMaxx ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR IN LITIGATION IN COURT.

We both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any suit, cause of action, or legal proceeding arising under or relating to the Sites or your use of any Service that is not addressed through arbitration or in small claims courts as provided above, shall be (i) governed by the laws of the State of Delaware without respect to its choice (or conflict) of laws rules, and (ii) in the exclusive jurisdiction and venue of New Castle County, Delaware.

Severance and Survival. If any portion of this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed.  Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Except as otherwise provided in this Dispute Resolution section, this Arbitration Agreement will survive any termination of the Terms of Use or of your access to the Services.  This Arbitration Agreement survives after your relationship with CyberMaxx ends.

  1. S. Restricted Government Rights

The Site and the Content herein are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227–14 and DFAR252.227–7013 et seq. or its successor. Use of the Site and Content by the Government constitutes acknowledgment of CyberMaxx’s proprietary rights in them.

  1. User Chat Rooms

CyberMaxx may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, blogs or other user forums, and the content of any such Communications. CyberMaxx, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

  1. Links to Other Materials

The Site may contain links to websites of and content from third parties. The linked websites are not under the control of CyberMaxx and CyberMaxx is not responsible for the content of any linked site or any link contained in a linked site. CyberMaxx reserves the right to terminate any link or linking program at any time. CyberMaxx does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

  1. Applicable Laws

This site is controlled by CyberMaxx from its offices within the United States of America. CyberMaxx makes no representation that the Site is appropriate or available for use in other locations, and access to it from territories where their content is illegal or prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content from the Site in violation of U.S. export laws and regulations. Any claim relating to the Content shall be governed by the internal substantive laws of the State of Utah.

  1. Term and Termination

CyberMaxx reserves the right to modify or discontinue the Site at any time, with or without notice to you. When such changes are made, where necessary, we will make a new copy of these Terms of Use available to you on the Site. If you do not agree to the updated terms, you should stop using the Site.

If you violate these Terms of Use, CyberMaxx reserves the right to, at our discretion, terminate your access to the Site and your Account. Upon termination, you will immediately destroy any copies of the Content in your possession.

CyberMaxx may revise these Terms of Use at any time by updating this webpage. The last update to these Terms of Use is indicated in the “Last Updated” legend at the top of the document. You should visit this page from time to time to review the then–current terms because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

  1. Additional Terms

California Notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

No Waiver. If you do not comply with these Terms of Use, and we do not take enforcement action right away, that does not constitute a waiver, and we are not giving up any rights that we may have (such as taking enforcement action in the future).

Governing Law. Other than as described in Section 7, these Terms of Use are governed by and construed in accordance with the laws of the state of Delaware without regard to its conflict of laws rules. For disputes that are not subject to arbitration as described above, you expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use resides in the courts located in New Castle County, Delaware, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Miscellaneous. If it turns out that a particular provision in these Terms of Use is held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Headers are for convenience and do not affect the interpretation of these Terms of Use. These Terms of Use constitute the entire agreement between you and CyberMaxx relating to the use of this Site and supersedes and replaces any prior agreement and communication between the parties.

If you have any questions about this legal policy, please contact us via email at info@CyberMaxx.com. or via US mail at:

CyberMaxx, Inc
90 Broad St
Suite 500
New York, NY 10004
United States of America