Terms of Service

1. Acceptance of Terms

Welcome to StationMax. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Colorful Ceramics LLC, d/b/a StationMax (“StationMax,” “we,” “us,” or “our”). By accessing or using the StationMax website, creating an account, purchasing products, or subscribing to services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the StationMax website or services.

2. Related Policies

StationMax maintains a Privacy Policy that governs the collection and use of your personal information. Additional policies covering returns, shipping, cancellations, warranties, and related matters are published separately and apply in addition to these Terms.

3. Eligibility

You must be at least eighteen (18) years of age to use StationMax products and services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. StationMax does not knowingly sell products or provide services to individuals under 18. If we learn that a user is under 18, we will terminate their account and cancel any pending orders.

4. Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately at sales@stationmax.com if you suspect unauthorized use of your account.

StationMax reserves the right to suspend or terminate accounts that contain inaccurate information, are inactive for an extended period, or are used in violation of these Terms.

5. Products & Services

5.1 Description

StationMax offers software subscription services and hardware products. Product descriptions, images, specifications, and pricing are provided for informational purposes and are subject to change without notice. We make commercially reasonable efforts to display product information accurately, but we do not guarantee that descriptions, images, or other content are error-free.

5.2 Availability

All products and services are subject to availability. We reserve the right to limit quantities, discontinue products, or refuse any order at our discretion. If a product you ordered is unavailable, we will notify you and issue a full refund.

5.3 Geographic Limitation

StationMax products and services are available exclusively to customers located within the United States of America. Hardware is shipped to U.S. addresses only via UPS.

6. Subscription Services

6.1 Subscription Billing

When you subscribe to a StationMax software service, you authorize us to charge your designated payment method on a recurring monthly basis at the then-current subscription rate. Billing occurs on the same calendar date each month (or the last day of the month if the original date does not exist in a given month). All charges are processed through our payment processor, Stripe.

6.2 Signup Confirmation

Upon subscribing, you will receive a confirmation email to the email address on your account. This email will include your subscription plan, billing amount, billing cycle, and renewal date.

6.3 License Period

Each monthly subscription payment grants you a non-exclusive, non-transferable, revocable license to access and use the subscribed StationMax software service for the duration of that billing period (“License Period”). Your license automatically renews at the start of each new billing period unless canceled by you.

6.4 No Refunds on Subscriptions

Monthly subscription fees are non-refundable. If you cancel, your access continues through the end of the current paid billing period, and no refund or credit will be issued for the remaining days.

6.5 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current paid billing period. You will receive a cancellation confirmation email.

6.6 Price Changes

StationMax reserves the right to change subscription prices. We will provide at least thirty (30) days' advance notice of price changes via email. Continued use of the service after a price change takes effect constitutes acceptance of the new price. If you do not agree to the new price, you may cancel before the change takes effect.

7. Hardware Purchases

7.1 Orders & Payment

By placing a hardware order, you agree to pay the listed price plus any applicable taxes. All payments are processed through Stripe. Your order is confirmed when payment is successfully processed and you receive an order confirmation email.

7.2 Shipping

Hardware orders are shipped within the United States only, via UPS, with a two-week (14 calendar day) turnaround from order placement. Shipping is included in the purchase price at no additional charge. All shipments are insured and include tracking.

7.3 Returns & Refunds

Hardware products may be returned for a full refund within thirty (30) calendar days of delivery. The customer is responsible for return shipping costs unless the return is due to a StationMax error.

7.4 Warranty

Hardware products are covered by a limited hardware warranty. Contact us for warranty scope, exclusions, and claim procedures.

8. Payment Terms

8.1 Payment Processor

All payments are processed by Stripe, Inc. By making a purchase, you also agree to Stripe's Terms of Service as applicable to end users. Your payment card information is transmitted directly to Stripe and is not stored on StationMax servers.

8.2 Taxes

Prices displayed on the StationMax website may not include applicable sales tax, use tax, or other taxes. Any applicable taxes will be calculated and added at checkout based on your billing or shipping address, in accordance with applicable law.

8.3 Currency

All prices are displayed and charged in United States Dollars (USD).

8.4 Failed Payments

If a recurring subscription payment fails, we will attempt to process the payment again and notify you by email. If payment cannot be collected after reasonable attempts, we reserve the right to suspend or terminate your subscription.

9. Intellectual Property

9.1 Ownership

All content on the StationMax website, including text, graphics, logos, images, software, and other materials (collectively, “Content”), is the property of Colorful Ceramics LLC or its licensors and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.

9.2 Limited License

Subject to these Terms, StationMax grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include the right to:

• Modify, copy, distribute, or create derivative works based on the Content
• Use any data mining, robots, or similar data-gathering methods
• Download any portion of the Content (other than page caching) for purposes other than personal use
• Use the Content for any commercial purpose not expressly authorized by StationMax

9.3 Trademarks

“StationMax” and all related logos, product names, and service names are trademarks or registered trademarks of Colorful Ceramics LLC. You may not use these marks without our prior written consent.

10. Dispute Resolution & Arbitration

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact StationMax at sales@stationmax.com and attempt to resolve the dispute informally for at least thirty (30) calendar days.

10.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration conducted in the State of Texas. The arbitration shall be administered by a mutually agreed-upon arbitration provider. If the parties cannot agree on a provider within fifteen (15) calendar days, either party may petition a court of competent jurisdiction in Texas to appoint an arbitrator.

The arbitration shall be conducted by a single arbitrator in accordance with the chosen provider's rules then in effect. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

10.3 Small Claims Court Exception

Notwithstanding the arbitration provision above, either party may bring an individual action in small claims court in the State of Texas for disputes within the jurisdictional limits of the small claims court, provided the action remains in small claims court and is not transferred or removed to a court of general jurisdiction.

10.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate as a plaintiff or class member in any purported class action, collective action, or representative proceeding. If this waiver is found unenforceable, the entire arbitration provision (except the small claims court exception) shall be void.

10.5 Governing Law

These Terms and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles. For any dispute not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STATIONMAX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF STATIONMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

STATIONMAX'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO STATIONMAX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN ANY APPLICABLE HARDWARE WARRANTY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. STATIONMAX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Indemnification

You agree to indemnify, defend, and hold harmless StationMax and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms or any applicable law; (c) your violation of any rights of a third party; or (d) any content you submit or transmit through the Services.

14. Termination

14.1 By You

You may terminate your account at any time by contacting us at sales@stationmax.com. Termination does not relieve you of any payment obligations incurred before termination.

14.2 By StationMax

We may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice, if we believe you have violated these Terms or applicable law. Upon termination, your license to use the Services immediately ceases. Sections of these Terms that by their nature should survive termination (including, without limitation, Sections 9, 10, 11, 12, 13, and 17) shall survive.

15. Modifications to Terms

StationMax reserves the right to modify these Terms at any time. Material changes will be communicated by posting the revised Terms on our website and, for registered users, by email notification at least fifteen (15) calendar days before the changes take effect. The “Effective Date” at the top of these Terms indicates the date of the most recent revision. Your continued use of the Services after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must discontinue use of the Services and cancel your account.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and StationMax regarding the Services and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

16.3 Waiver

The failure of StationMax to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall not be deemed a further or continuing waiver of that term or any other term.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. StationMax may assign these Terms without restriction. These Terms are binding upon and inure to the benefit of the parties' successors and permitted assigns.

16.5 Force Majeure

StationMax shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, labor disputes, supply chain disruptions, utility failures, or cyberattacks.

16.6 Notices

Notices to StationMax must be sent to sales@stationmax.com or by mail to our address above. Notices to you will be sent to the email address associated with your account. Email notices are deemed received on the business day after sending.

17. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. For any matter not subject to the arbitration provision in Section 10, you irrevocably submit to the exclusive personal jurisdiction of the state and federal courts located in Dallas County, Texas.

18. Contact Us

For questions about these Terms, contact us:

• Email: sales@stationmax.com
• Online: stationmax.com/contact
• Mail: Colorful Ceramics LLC, d/b/a StationMax, 1403 Barrington Dr, Coppell, TX 75019