TERMS & CONDITIONS
Welcome to MxDesires,
These Terms & Conditions (referred to as the “Terms” or “Terms of Use”) shall govern the relationship between:
Company Name: MxDesires, LLC
Principal Office: 130 Richard Jackson Blvd, ST4, Panama City Beach, FL – 32407
(hereinafter referred to the “Company” or “MxDesires” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user” or “users” or “customers”) and shall also govern your use of https://mxdesires.com/ (hereinafter referred to as the “Website” or “Site”).
MxDesires https://mxdesires.com/ internationally. (hereinafter referred to as the “Product(s)”)
Please read these Terms carefully, as these, along with our Shipment Policy, Return Policy, Cookie Policy and Privacy Policy statement forms the entire agreement between you and MxDesires. If you do not accept these Terms in its entirety, then you may not use the Site or make purchases on it.
Additionally, whenever you make a purchase on our website, the same is governed by our Shipment Policy, and Return Policy, and how we collect, use, store, share and transmit your data is governed by our Cookie Policy and Privacy Policy statement. These Terms & Conditions shall be read in conjunction with our Cookie Policy, Shipment Policy, Return Policy, and Privacy Policy statement.
1. Acceptance of the Terms & Conditions
By accessing or using or registering on our website in any way, or by placing an order for any of our Products, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.
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You are of sound mind, at least 18 years in age, and otherwise competent to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you cannot make purchases on our website.
We must not have previously disabled your account for violation of law or any of our policies or for misuse of our products.
You have read, understood and consented to our Shipment Policy, Return Policy, Cookie Policy, as well as our Privacy Policy statement.
ACCOUNTS, PASSWORDS AND SECURITY
a) Account Registration: To access various parts of the Site, and to make purchases on MxDesires
website, you might be required to register and create an account on our Site. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
b) Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
c) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of our website.
Use of the Site and Products
i. Allowed uses:
a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site, or while placing an order for our Products, or while using them.
b) Information: Whenever prompted, you must provide us with the correct, accurate and updated information. All this collected information will be dealt in accordance with our Privacy Policy statement.
c) Material: For the purposes of these Terms, “material” shall mean any text, video, design, photo, sound material, or product listed on the website, whether a copyright of MxDesires, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the website. You must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
ii. Restricted uses:
a) You must not use our Products or our copyright or trademark in connection with any obscene, defamatory, violent, immoral, or illegal purposes or post.
b) You can’t impersonate others, create duplicate accounts, or provide inaccurate information.
c) You cannot use our Site or purchase our Products for the purpose of resale.
d) You cannot breach or circumvent or attempt to break or circumvent our
authentication and security processes and measures of our systems or networks.
e) You must not misuse or interfere with the website or try to access them using a method other than the interface and the instructions that we provide. You may use the website and our Products only as permitted by law and as per the directions
provided by us.
f) You must not:
republish material from this website;
sell, rent or sub-license material from the website;
show any material from the website in public without our consent;
edit or otherwise modify any material on the website (other than editing your own information as per the method provided);
reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or
redistribute material from the website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.
g) You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
h) You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
i) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.
4. Ownership Rights
This Website, domain (https://mxdesires.com/), all of our Products, logos, content, designs, trademarks, trade dress, trade name, shall remain the sole property of the MxDesires or its licensors (as the case may be). Your use of or access to this website or purchase of the Products shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this website, Products, any content published by us or our licensors or third parties. This website, Products, and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts,
text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this website and our Products are the exclusive property of, or are licensed to the MxDesires and are protected. No use of a trademark, trade dress, trade name or design appearing on this website or Product packaging may be made without the prior written permission of MxDesires or the respective owner.
Privacy
In order to see what personal information we collect and how we use or store or share such information, please refer to the detailed Privacy Policy statement available on our website.
Links to Third-party Sites
The website might contain links to third-party websites and services. For example, the website works with third party payment service providers to provide you the most convenient payment options. Such third-party links are not under the control of MxDesires, and MxDesires is not responsible for any third- party links. MxDesires provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the terms & conditions, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, MxDesires shall not be responsible.
Orders, Payments and Taxes
All orders are subject to acceptance and availability, and you agree to pay for the products that you purchase on our website, and you authorize us (or our third-party payment gateway service providers) to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to bear all the applicable taxes and duties (wherever applicable). We reserve the right to modify the prices of our products, or discontinue certain Products at any time at our sole discretion
without any prior notice. For details in respect of returns or exchanges or refunds, please refer to our Return Policy posted on the website.
Legal Disclaimer
The website, and all its products are provided on an “as-is” and “as available” basis, and MxDesires (and our owners, partners, licensors and affiliates) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, desirability, reliability, completeness, safety, or fitness for a particular purpose. We make no warranty that the website, or any of its products, will meet your requirements, will be of a quality that you expect, will never have any adverse effect on anyone at any time, or will be safe. We strongly advise you to immediately see a doctor if you face any issues or adverse effect from the use of our products.
Limitation of Liability
a) To the maximum extent permitted by law, in no event shall our Company (or our owners, partners, licensors or affiliates) be liable to you or any third party for any damage, adverse effect, sexual loss, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of our Products, or relating to your inability to use or purchase from, the Site, even if MxDesires has been advised of the possibility of such damages. Access to, and use of, the Site and its products is at your own discretion and risk, and you will be solely responsible for any damage whatsoever.
b) To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount of your order in question. The existence of more than one claim will not enlarge this limit.
10. Legal Action
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of MxDesires, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
11. Indemnity
You acknowledge to defend, indemnify and hold MxDesires, our owners, distributors, affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable Legal Counsel’s fee, made by a third party, relating to, or arising from:
a) Your violation of ours or any third-party right;
b) Your wrongful or improper use of our products or Site;
c) Your violation of any applicable laws, rules or regulations;
d) Your violation of these Terms or any other policy of ours as associated with our services;
e) The indemnifications set forth above will survive the termination or expiration of these
Terms and/or your use of our products.
12. Governing Law and Dispute Resolution
Governing Law: The Terms and any dispute arising from the same will be governed by the
State of New Jersey (USA), except for its conflict of law principles.
Jurisdiction: Unless provided otherwise by the applicable law prevailing in your jurisdiction,
all disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate court located in Bay County, FL (USA).
Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND MXDESIRES ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND MXDESIRES, SHALL BE RESOLVED BY A JUDGE.
Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USERS.
13. Notices
When you use the website or send emails to MxDesires, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. MxDesires will communicate with you by post or by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address and/or by posting it to your address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to contact@mxdesires.com.
14. Miscellaneous
Independent Legal Advice: It is your obligation to obtain independent legal advice at your
own expense to ensure you understand the provisions of these Terms.
Headings: The section headings are for convenience only and shall not control or affect the
meaning or construction of any provision of these Terms.
Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve
the right to suspend your access to our Site, at our sole discretion.
Severability: If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of MxDesires, which may be withheld at MxDesires’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
Entire Agreement: The Terms, Cookie Policy, Shipment Policy, Return Policy, and our Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between MxDesires and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
Force Majeure: MxDesires and its delivery service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, industrial disruption, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site or our Products after any amendments to the Terms shall constitute your acceptance to such amendments.
15. Grievance Officer
In the event you have any grievance regarding anything related to these Terms, Return Policy, Shipment Policy, Privacy Policy, or our Products, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at contact@mxdesires.com.
16. Feedback and Information
We welcome your questions or comments regarding the Terms. You can write to us via email: contact@mxdesires.com.
Last updated: Feb. 4, 2023
The MXDesires mobile message service (the “Service”) is operated by MXDesires (“MXDesires”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to MXDesires’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of MXDesires through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with MXDesires. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to MXDesires or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other MXDesires mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to MXDesires or email contact@mxdesires.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Last updated on January 22, 2023.