Terms and Conditions
THE TERMS AND CONDITIONS SET FORTH (THE “TERMS”) GOVERN YOUR USE OF THE SITE(S)/SERVICE(S) AND ARE LEGALLY BINDING. PLEASE READ THESE TERMS CAREFULLY – IF YOU DO NOT AGREE WITH ANY OF THE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE(S)/SERVICE(S) OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE(S)/SERVICE(S) SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
Not Limited to Buyers, Suppliers, Partners and other associations
In order to use our service, you must be a natural person, 18 years or older. You represent and warrant that you are of sufficient legal age to use the site(s)/service(s) and are authorized to represent your company in entering into any binding legal obligations you may incur as a result of its use. You agree to be financially responsible for any liability you may incur as a result of using the site(s)/service(s). You agree that you will not use any robot, bot, spider, or other automatic or manual device or process to monitor or copy any pages on the site(s)/service(s). Additionally, you may not take any action that imposes an unreasonable or disproportionately large load on the site’s infrastructure.
Services Provided by ContainersMax
ContainersMax LLC (“ContainersMax”) provides a service that allows buyers to submit quote requests to multiple suppliers for a variety of products and services through its sites on the World Wide Web (“Site”). ContainersMax may not always be able to match buyer requests with suppliers.
We do not guarantee the quality of the suppliers who receive and respond to your request(s). ContainersMax is a conduit for matching buyers and suppliers. We are not responsible for any transaction that may occur between the buyer and/or buyer’s company and a ContainersMax participating supplier/partner(s). ContainersMax does not guarantee the quality, safety, or legality of the information provided or the products and services rendered. The buyer should exercise as much caution and due diligence as would typically be exercised with any purchase of products or services. Should the buyer have a dispute with any supplier, it must be addressed directly with the supplier and not with ContainersMax. Buyer hereby agrees to release ContainersMax from any and all damages or claims arising out of or in any way connected with such disputes and transactions with suppliers.
Buyer Specific Terms
A buyer is classified as the person/company who enters information seeking a quote for a product or service.
Use Of ContainersMax Services
ContainersMax is not a supplier of products or services, nor is it a third-party to any transactions involving products or services.
By completing a quote request, you are entering into an agreement with ContainersMax and its partner and a business relationship with ContainersMax’ suppliers/affiliates and thus agree to be contacted by ContainersMax and its suppliers/affiliates. You acknowledge that these suppliers can contact you regarding your request(s) and that you are expressly consenting to such contact by them, or ContainersMax, if necessary, to fulfill such request(s) via phone, text, fax, email, mail or other reasonable means, at any of your contact numbers or addresses. Furthermore, ContainersMax and suppliers may use automated phone technology to call you. At no time are you required to make a purchase. ContainersMax may also send you information and offers related to ContainersMax products and services, which you can choose to opt out of by changing your notification preferences as described in our Privacy Policy.
It is agreed that your use of ContainersMax services is for purchasing purposes and not for any other purpose including advertising, research or competitive intelligence. You acknowledge that ContainersMax verifies the request(s) and has the right, at our discretion, to deny any request that is in violation of these terms and conditions.
If it is determined or suspected by ContainersMax, at our sole discretion, that you are misusing or attempting to misuse or circumvent the ContainersMax services or system, or are using or attempting to use it for any inappropriate purposes, (including but not limited to activities such as hacking, fraud, advertising, or spamming) ContainersMax reserves the right to immediately terminate your access without notice and to commence legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs, expenses, and to seek injunctions or other equitable remedies.
Information You Provide to Us
When using ContainersMax services, you will be prompted to disclose relevant information about yourself and your purchasing requirements. The information provided will be sent to matching suppliers/affiliates who will respond to you regarding your request. You agree that all information provided is accurate to the best of your knowledge. If ContainersMax has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, ContainersMax has the right to refuse or reject you current or future use of any services.
Your acceptance of these Terms & Conditions indicates that you expressly consent ContainersMax use of your personal information in accordance with ContainersMax stated Privacy Policy.
Supplier Specific Terms
A supplier is classified as the person/company who receives the buyer’s request and contacts the buyer regarding quotes on a product or service.
Should the supplier have a dispute with any buyer, it must be addressed directly with the buyer and not with ContainersMax. Supplier hereby agrees to release ContainersMax from any and all damages or claims arising out of or in any way connected with such disputes and transactions with buyers.
Supplier Account Maintenance
During the initial set up of services, an account manager will verify the geographical coverage and product specifications that are in place according to the products and/or services your company offers. Only a user authorized by the main contact of an account can authorize profile changes. ContainersMax is not responsible for account discrepancies nor for incorrect profiles set-up under the direction of a supplier.
Supplier Payment Guidelines
The monthly billing cycle begins on the first day of the month (12:00am CST) and closes at the end of the day (11:59pm CST) on the last day of the month. ContainersMax reserves the right to change any post sale payment terms to pre-paid payment terms as the need arises.
Credit Card Terms
Credit Card Terms Accounts are billed on the 1st day of the following month to the credit card on file. In the event the card transaction is unsuccessful:
- The account will be deactivated until cleared
- A $40 delinquent payment fee will be applied to the outstanding balance if (within one week) not reconciled by the 8th (in addition to NSF fees if applicable)
- Supplier is responsible for $35 NSF fee
- Any account not paid in full within 30 days of the due date will be turned over to our third party collections partner. Non-paying party will be responsible for any additional fees (determined by the size of the balance and collection costs incurred)
Please note: During the first billing cycle, the credit card on file will auto draft one time after a $500 balance is accumulated; the remaining balance will run as scheduled as outlined above.
In the event supplier revokes authorization to charge credit card or cancels services, supplier agrees that the balance occurred before this instance is to be run immediately and account will then be deactivated.
Invoice Terms
The invoice billing option is only currently available to suppliers who have signed an annual agreement. A monthly invoice is sent to the supplier on the 1st business day of the following month. Payment policies including delinquent payment fees are subject to the terms of supplier’s contract. For more information regarding contract agreements, please contact a ContainersMax Account Manager. In the event a check is returned, supplier is responsible for the $35 insufficient funds fee.
Pre-Payment Terms
Account balances are initiated and replenished in the form of a credit card pre-payment, electronic check or ACH bank transfer. A new authorization form must be completed for each change of payment. When the billing cycle closes, an updated balance summary will be sent on the 1st business day of the following month. If the account is not set up to auto-replenish, an additional notice will be sent when 25% of the original balance remains. The account will be paused or shut down once the balance reached $0. In the event a check is returned, supplier is responsible for the $35 insufficient funds fee.
Electronic Check Payments
Any payment made via electronic check is subject to a holding period (as determined by supplier’s financial institution). In the event a check is returned, supplier is responsible for the $35 insufficient funds fee. Once an electronic check is processed, if a refund is requested, it will be subject to a 30 day holding period.
Wire Transfer Payments
Wire transfers are available as a payment option for pre-pay accounts. Supplier is responsible for all fees occurred in each transaction.
Cancellation Policy
You may opt out of the service at any time by providing written notification of cancellation. Only the primary contact or name listed on the account may authorize the cancellation of services. Terms differ based on service agreement and any outstanding balance will immediately be charged to the credit card on file within 48 hours.
General Terms
Use of ContainersMax Content
The Site design, graphics, images, text, information, documents, products and services provided or offered on the Site, including the selection and arrangement of such items, are the copyrighted work(s) of ContainersMax or its licensors (“Materials”).
ContainersMax may wish to grant you a limited, personal, non-exclusive and non-transferable license to display the Materials only on your personal computer and to print hard copy portions of this Site for the sole purpose of placing a quote request with ContainersMax. Any other use of Materials on this Site – including reproduction for purposes other than those noted above, modification, distribution, or republication – without the prior written permission of ContainersMax is strictly prohibited. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials. Except as stated herein, you acknowledge that you have no right, title to or interest in the Materials on any legal basis.
Use of ContainersMax content for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to full extent of the law.
Links to Third Party Sites
This Site may be linked by ContainersMax to other sites which are not under the control of or maintained by ContainersMax. You acknowledge that ContainersMax is providing these links to you only as a convenience, and further agree that ContainersMax is not responsible for the content or links displayed on such sites.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ContainersMax SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. IN NO EVENT SHALL ContainersMax BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF ContainersMax HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Additional Terms
ContainersMax AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ContainersMax EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF ContainersMax HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify ContainersMax, its officers, employees, affiliates, agents, subsidiaries, and co-branders and hold them each harmless from any and all claims, including attorney’s fees, made by any third party due to or arising from your use of the ContainersMax services or connection to the ContainersMax web site or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party.
The Terms and Conditions will inure to the benefit of ContainersMax’ successors, assigns and licensees. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The failure of ContainersMax to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to use of the ContainersMax services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arises. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ContainersMax as a result of this Agreement or use of this Web site.
This Agreement is governed by the laws of the state of Texas. You hereby consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, in all disputes arising out of or relating to the use of this site.
This Agreement constitutes the entire agreement between you and ContainersMax with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ContainersMax with respect to this site.
By using the ContainersMax site, you are stating that you have read and understand the Terms and Conditions, and agree to be bound by the Terms and Conditions as provided, and as ContainersMax may update from time to time. If you have any questions about our terms of conditions, email us at support@ContainersMax.c