Terms of Service
These Terms of Service (“Terms”) are a binding legal agreement between you and MaxWells Group (“MaxWells Group”, “we”, “our”, or “us”) that govern your access to and use of MaxWells Group’s website, application(s), mobile application, and/or any program that MaxWells Group owns, operates, or provides.
Scope of Services
MaxWells Group enables its users to search for and book lodging and related services at a variety of third party establishments (collectively known as “Suppliers)” that are in no way owned, operated, controlled, or managed by MaxWells Group. The services of the hotels, resorts, lodgings, outfitters, bait shops, guides, taxidermists, or other service providers offered by the Suppliers are merely being advertised by MaxWells Group.
When you book any accommodations through any of the Suppliers listed or advertised by MaxWells Group, a contract is being formed directly between you and the Supplier for the services book, and you agree to abide by all terms and conditions of the Supplier. MaxWells Group is not a party to the contracts concluded directly between you, the user, and the Supplier(s). Furthermore, MaxWells Group is not a party to the contract or agreement(s) formed between you, the user, and the Supplier(s). If the Supplier’s terms and conditions conflict with these Terms, these Terms apply only with regard to your relationship with MaxWells Group.
Suppliers provide us information about the accommodations they wish to offer through MaxWells Group’s services, including the property name, address, amenities, and photographs. MaxWells Group is not responsible in any form for the accuracy of images or content of the Supplier’s offered services. Information appearing on MaxWells Group’s website should not be construed as guarantees of accommodations you will receive.
You may be required to register an account with MaxWells Group in order to access and use certain features of the MaxWells Group’s services. By completing your account registration, you, the user, are expressly agreeing and acknowledging that the information you are providing is accurate, current, and complete information during registration, and agree to keep your account information up-to-date. You, the user, may not register more than one account, transfer your account to someone else, or use anyone else’s account, alter egos, or disguised identities when using MaxWells Group’s services. You are responsible for maintaining the confidentially and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify MaxWells Group if you suspect that your credentials have been lost or stolen or that your account is otherwise compromised. MaxWells Group is not responsible for any loss or damage arising from your failure to safeguard your account.
By using MaxWells Group’s services, you expressly warrant the following:
The content and information listed herein, as well as the infrastructure used to provide all of MaxWells Group’s services, are proprietary to MaxWells Group or our Suppliers or partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained by using MaxWells Group’s services. Additionally, you agree not to:
If you breach these Terms, or violate applicable laws, regulations, or third-party rights, or if we believe your booking or account shows signs of fraud, abuse, or suspicious activity, or we believe it is reasonably necessary to protect MaxWells Group, its users, or third parties, we may, with or without prior notice to you and at our sole discretion:
In the event your account has been limited, suspended, or terminated by us, you are not entitled to register a new account or access MaxWells Group’s services through another user’s account. If you believe another user or any other person poses a risk of harm to a person or property, you should immediately contact law enforcement.
Disclaimers of Warranties
MaxWells Group’s services are provided “as is” without warranty of any kind, and we disclaim all warranties, whether express or implied, including all warranties of merchantability, fitness for a particular purpose, title, and non-infringement and warranties that MaxWells Group’s services is free of viruses or other harmful components. Your use of MaxWells Group’s and your contact, interaction, or dealings with any third parties arising out of your use of MaxWells Group’s services is solely at your own risk.
Suppliers offering accommodations or services through MaxWells Group are independent contractors and not agents or employees of MaxWells Group. We do not endorse or warrant the performance, safety, quality, legality, or suitability of any accommodation, and we neither guarantee nor insure the service to be provided by any Supplier. We are not responsible for the acts, errors, omissions, representations, warranties, breaches, or negligence of Suppliers or any other party not under our control, and we assume no liability for any illness, bodily injury (including death), disability, theft, property damage or other damages or expenses arising from your stay at a Supplier’s services offered by MaxWells Group.
To the maximum extent permitted by law, you agree to release, defend, indemnity and hold MaxWells Group harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your breach of our Terms, you use of MaxWells Group’s services, your stay at an accommodation listed on MaxWells Group’s website, or your breach of any laws, regulations, or third party rights.
This section applies to you if your country of residence or establishment is in the United States, or if your country of residence or establishment is not in the United States, but you attempt to bring a legal claim against MaxWells Group in the United States. Prior to bringing any legal claim against MaxWells Group, you agree to notify MaxWells Group in writing of the dispute and attempt in good faith to negotiate an informal resolution. A notice of dispute must include your name and email associated, your contact information, a brief description of the dispute, and the relief sought.
Jury Trial Waiver
You and MaxWells Group acknowledge and agree that we are waiving the right to a trial by jury as to all disputes.
Governing Law and Venues
These Terms will be interpreted in accordance with the laws of the state of Wisconsin and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) must be brought in state or federal court in Minnesota or Wisconsin unless we both agree to some other location.