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TERMS AND CONDITIONS OF USE AGREEMENT
Our business name isLuxe Bay Trading, dba Make Your Deal (hereafter “MYD” or “Company”).
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our website, www.MakeYourDeal.com (hereafter "website"), and provides details on the services and products we offer to our customers (hereafter “You”, “User” or “Customer”). It is vitally important that you read the Terms carefully, as your use of our website will automatically constitute your agreement to be legally bound by the Terms set out herein. These Terms also govern your use of the Products and/or Services (hereafter "Products"), provided through or in connection with, our website. Each time you visit our website, you acknowledge that you have read these Terms and agree to be legally bound by them.
User agrees, and understands, that these Terms are the only contract between you and Company. These documents supersede any and all verbal or written communications. If you do not agree to be bound by these Terms, you may not use the website or the Services provided on or through it.
NOTE: We realize that these Terms may sound really technical and full of legal jargon, but our lawyers have advised us that unless we posted these Terms as they are written, they will have to jump off the nearest bridge, ending our relationship! Actually, we threw in the part about jumping off the bridge (wishful thinking, we suppose), but the lawyers were really adamant about the Terms. So, we apologize, in advance, if we offend anyone with all the “legalese”… we just want to make everyone happy…by making GREAT DEALS!!!
The following words used in these Terms have the following meanings:
1. “Personal Information” shall mean all data and/or information provided by and about Customer, including e-mail address, name, address or payment information, etc.;
2. “Website" shall mean the Internet URL on which MYD provides its Products & Services.
3. "User" shall mean all Users/Customers of the MYD website and its Services.
4. "Products" shall mean all Products and/or Services provided by and through the MYD website.
5. “3rd–Parties” shall mean all advertisers, licensors, partners or affiliate vendors that are included on the MYD website.
User hereby acknowledges and agrees as follows:
Company reserves the right to make changes or modifications to the MYD website and these Terms. Display of any notice of changes online at the MYD website shall constitute effective notice under these Terms, and User’s continued use of the website, thereafter, shall constitute User’s acceptance of such changes or modifications.
I. License Grant; Trademark; Copyright
A. Company grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the MYD website, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms.
Trademark Notice – “Make Your Deal”, as well as additional marks not mentioned here, are registered service marks of MYD. Other names identified on our website may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of MYD or a third-party. The use, on our website, of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods from such third-party through our website, should not be construed as an endorsement or sponsorship of our website by any such third-party, or the participation by such third-party in the offering of goods, services or information through our website.
C. Copyright Notice - User acknowledges that all content included on our website, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content"), as well as the arrangement and compilation of the Content, are intellectual property and copyrighted works, owned by MYD and its third-party suppliers, vendors, advertisers and/or business partners. Reproduction or storage of information or works taken or copied from our website, in any form, whether now existing or developed in the future, are subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, including all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.
II. The MYD Website
A. The "MYD website" includes, as applicable and without limitation:
1. MYD Products & Services, accessed by or through the website, including the MYD Community, as defined below, and individual items, which may constitute independent works of authorship, comment or contribution;
2. All documentation, including user manuals, operations manuals, instructions and the like, provided to you with any Products, for use in connection with the MYD website; and
3. Any other video presentations, audio presentations, slideshows, software, products, services, data or information provided by Company or obtained through the website.
II. Ownership, Use and Intellectual Property Rights
A. The MYD website is the valuable, exclusive property of Company, and nothing in these Terms shall be construed as transferring or assigning any ownership rights in such property to User or any other person or entity. User is granted a license to use the MYD website, as long as User complies with these Terms or until MYD terminates this Agreement or User’s access rights. Ownership of the MYD website, and any documentation or information, shall remain, at all times, with MYD. The MYD website is protected by contract and intellectual property law, including domestic and international copyright law. All intellectual property rights in the MYD website belong to MYD.
B. If MYD provides User with an account, User may not remove, alter or obscure any copyright, legal or proprietary notice in, or on, any portion of the MYD website. User may store in the memory of his/her/its computer, and may manipulate, analyze, reformat, print and/or display, for User’s use only, the information received or accessed through the MYD website, pursuant to these Terms. User may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of MYD, User may not rent, lease, sub-license, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the MYD website, any part thereof, or any of the information received or accessed from there, to or through any other person or entity. MYD expressly reserves any rights not granted to User in these Terms. MYD reserves all rights to enforce their copyright and intellectual property rights.
A. These Terms, and the limited license rights granted hereunder, shall remain in full force and effect, unless terminated or canceled for any of the following reasons:
1. Immediately, by MYD, for any unauthorized access or use by User, including, without limitation, concurrent access of the MYD website by multiple users, utilizing identical user names and passwords or any other access or use of the MYD website, except as expressly provided in these Terms;
2. Immediately, by MYD, if you assign or transfer (or attempt to assign or transfer) any rights granted to you under these Terms;
3. Immediately, by MYD, if you fail to abide by the rules and regulations relating to the use of, or tamper with, or alter any of the software and/or data files contained in, or accessed through, the MYD website;
4. Immediately, by MYD, if you transmit or receive, using the MYD website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form, whatsoever, with respect to any other User, company, or any other person or business entity (MYD, in its sole discretion, shall determine whether any information transmitted or received violates this provision);
5. Immediately, upon discontinuance of the MYD website; or
6. Immediately, by MYD, if you violate any of the other conditions of these Terms.
B. Termination or cancellation of these Terms shall not affect any other right or relief to which MYD may be entitled, whether at law or in equity. Regardless of the reason for cancellation or termination of User’s account:
1. All rights granted to you will terminate and revert to MYD;
2. As requested by MYD, you agree to erase and destroy any copies of the MYD website you have made; and
3. You agree to certify to MYD your compliance with these requirements, in writing, upon MYD'S request.
THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THESE TERMS SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL MYD BE LIABLE FOR ANY LOSS OR INJURY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THE MYD WEBSITE.
User acknowledges that MYD reserves the right to, and that MYD may, from time to time, choose to monitor any and all information transmitted or received through the MYD website. MYD, in its sole discretion and without further notice to User, may review, censor or prohibit the transmission or receipt of any information which MYD deems inappropriate (such as that specified in subparagraph III (A)(4) of the Termination paragraph above) or that MYD determines violates any term or condition of these Terms.
V. MYD Community
A. The MYD Community (hereafter "Community") helps Users to obtain insight, exchange ideas and connect online with other Users and lovers of Great Deals! MYD believes that the Community is a valuable place for MYD Users to exchange information and learn from one another. MYD wants the Community to be a friendly, informative and safe place for all of our Users.
B. By participating in this Community, User agrees to adhere to these Terms, as amended, from time to time. Any failure to adhere to these standards may lead to disciplinary action, which may include the termination of your rights to participate in our Comments area and other features of the Community. In addition, MYD reserves the right to remove any Feedback or Comments post that we believe is inconsistent with the standards or the spirit of these Terms.
C. The Community is for users that are at least eighteen (18) years of age. The Community is primarily an English-language online community geared towards users of MYD Products and those who love Great Deals.
A. Users are required to register to access the Community and in order to be able to read Feedback and make great deals. Registration (by providing a valid email address, user name and password) is required if User wants to post material to the Community. MYD may refuse to grant to User, and User may not use, a User name or email address that is already being used by someone else, or impersonates another person, belongs to another person (without that person's prior consent), violates the intellectual property or other rights of another person or entity, is offensive for any reason, or that we reject for any other reason, in our sole discretion. You may have only one User name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your User name. If Users become aware of any unauthorized use of their password or account, they agree to notify MYD immediately at [email protected]
B. User agrees that all information provided in the User profile is accurate, true and complete. We may terminate your registration if any of the information you provide is found to be inaccurate, false or incomplete.
VII. Content is for Informational Purposes Only
A. The information shared by MYD and Community Users is for informational purposes ONLY. Such information is not meant to be advice, since it is being posted without anyone having to submit a professional resume. We advise that you read each Comment or Post with that in mind. Each Community User is responsible for conducting his/her/its own analysis on particular Products and making his/her/its own Product purchase decisions. Under no circumstances can any User in this Community, or MYD, be held responsible for any purchase decision made by User.
B. NEITHER MYD NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE PRODUCT RESULTS, EXPERIENCES OR TESTIMONIALS POSTED IN THE COMMUNITY AREA.
C. None of the information or Products found on the MYD website are meant to constitute an endorsement of any Product or manufacturer.
VIII. Links to Third-Party Sites
Users may post links on the MYD website to other websites that are not under the control of MYD. MYD is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to the information contained in such websites. Any such link on our website does not imply MYD endorses the website, the organization operating such website, nor any products or services of that organization. Your linking to any other websites is entirely at your own risk.
IX. Communicating with MYD
The Community area is not an appropriate environment to express concerns about Company. Constructive feedback regarding MYD can be submitted to [email protected] Feedback regarding the website, its use or application, can also be submitted to that address. Postings in the Community area do not constitute notice to Company for any purpose. No one in the Community is authorized to provide official responses to questions on behalf of Company.
X. Uses Not Permitted
A. Use of the MYD website, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
1. Illegal/Criminal Activity – TheMYD website may not be used in connection with criminal or civil violations of state, provincial, territorial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
2. Security Violations – The MYD website may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service (DoS) attacks; and distributing viruses or other harmful software.
User is responsible for maintaining the basic security of its computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
3. Threats – The MYD website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, or defamation.
4. Offensive Materials – The MYD website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, or hateful materials. Further, Users agree to adhere to the following requirements:
a. Comply with all laws, ordinances, statutes and applicable legislation, and to respect all 3rd-party rights. In particular, User shall not:
i. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User or MYD personnel or other companies or individuals;
ii. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;
iii. Unreasonably annoy (particularly with SPAM) any other User;
iv. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
v. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
vi. Engage in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
1. Sending chain letters;
2. Sending identical messages to more than one (1) User at the same time;
3. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).
b. You may not provide, post or otherwise distribute, User content that:
i. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
ii. Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
iii. Violates any right of MYD, or any 3rd-party;
iv. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
v. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
vi. Interferes with any User’s uninterrupted use of the MYD website;
vii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
viii. Disrupts, interferes with, or otherwise harms or violates the security of the MYD website or any Products, system resources, accounts, passwords, servers or networks connected to, or accessible through, the MYD website;
ix. "Flames" any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY MYD.
c. User is further prohibited from the following activities:
i. Employing any mechanisms, software or scripts when using the MYD website. However, the User may use the interfaces or software provided by MYD within the scope of the Products available on our website and in accordance with these Terms;
ii. Blocking, overwriting, modifying and copying of any content of the MYD website. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of our website or Products, and is therefore prohibited;
iii. Performing any actions that may impair the operability of the MYD website infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
5. Spam - Spam is an unacceptable use of the MYD website. Spam includes any of the following activities:
a. Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules.
b. Collecting responses from unsolicited e-mail.
c. Sending any unsolicited e-mail that could be expected, in Company’s opinion, to provoke complaints.
d. Sending e-mail with charity requests, petitions for signatures, or any chainmail-related materials.
e. Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail.
f. Sending e-mail that does not accurately identify the sender, the sender's return address, and the e-mail address of origin.
6. Indirect Access - A violation of these terms by someone having only indirect access to the MYD website, through a User, will be considered a violation, whether or not with User’s knowledge or consent.
B. Violations of these Terms may result in immediate suspension or termination of your account, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by MYD, in its sole discretion.
C. When feasible, it is MYD’S preference to give notice so that violations may be addressed voluntarily. However, we reserve the right to act without notice, when necessary, as determined by us, and in our sole discretion. MYD may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.
D. The Community may not be used to discuss competitive offerings, or to allow competitors of MYD or its affiliates to solicit for their own businesses. The focus of the Community is to allow members of the Community to share insights, exchange ideas and connect online with other Great Deal lovers who use MYD Services.
E. Users may not use the Community to collect personal information of other Users or to solicit other Users for business propositions.
F. Users may not use the Community to promote their business ventures or to promote the businesses of any third party.
XI. Third Party Intellectual Property Rights
A. Users may not post copyrighted material or trademarks, belonging to other parties, to the Community, without their written permission.
B. If you own intellectual property and believe it is being infringed through a posting, please let us know immediately by filing a complaint, as set forth in paragraph XII below. The copyright in your postings is yours (most generally). We at MYD sometimes use postings in our publications, including without limitation, advertising, websites, newsletters and the like. By posting in the Community, you are giving MYD a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, communicate, re-publish, edit, adapt or otherwise use your postings as we see fit, including the right to sub-license or transfer to others in our discretion. You also give us a license to deal with the postings as necessary to perform technical and administrative functions in running the Community.
C. You also may have moral rights, so you consent to your postings being altered, edited or adapted so we can use them under our license in any way we deem appropriate. You consent to us not attributing authorship to you at all, or only attributing it to your registered name. We generally attribute authorship, but that is not always possible or feasible and we decide this on a case-by-case basis. If we do use your material we may attribute such material to your registered name, or contact you to request that your real name be used. We will not publish your real name without your permission. If you do not want to give us a license to use your postings and do not want your postings used in this way, do not post in the Community Feedback area. Once you have made a posting, you cannot withdraw or retract the license and consents.
D. If you think a posting is violating these Terms or infringing on anyone's legal rights, please notify MYD immediately at [email protected] MYD will investigate your allegations and take appropriate action, if MYD believes that action is necessary and appropriate. Such action may include removing the posting or banning the relevant User.
A. To make a formal complaint regarding a posting in the Community, send a signed written letter of complaint to:
Luxe Bay Trading
MYD Community Complaints
9811 West Charleston, Blvd. Ste. 2-536
Las Vegas, NV 89117
B. Your letter of complaint must:
1. identify the posting in issue and include a copy of the posting and the location of the posting and describe with reasonable detail the offending behavior;
2. identify the intellectual property right or other law, rule or regulation that is being infringed or violated; and
3. provide information sufficient to permit MYD to contact you (e.g., email address, postal address or fax number).
C. To the extent your complaint involves intellectual property rights, please note that MYD honors the intellectual property rights of others and asks the same of our Users. MYD may, in its sole discretion, terminate the account or access right of Users whose actions infringe or otherwise violate the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to MYD' Designated Agent. If you believe that your work has been infringed, please provide MYD'S Designated Agent with the following information:
1. A physical copy or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyright works at a single online website are covered by a single notification, a representative list of such works at that website;
3. Identification of the material that is claimed to be infringing or could be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MYD to identify the material;
4. A statement that the complaining party has a good faith belief that the use of the material in the manner of complained of is not authorized by the copyright owner, its agent, or the law; and
5. A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The MYD Designated Agent may be contacted at the address provided above.
XIII. Your Personal Information
A. By registering and using our website and Services (including submitting comment postings), or e-mailing us, you will be supplying us with "personal information." We collect this to administer and help you use the website and our Products, send you a password, contact you about postings, and generally, keep in touch with you. Your screen name will be visible to other Users, and when you register for the Community, you can chose whether your User profile and e-mail address will be also be visible to other Users.
B. You can access and update your personal information in the Profile section of the website.
D. MYD may release information concerning your use of the Community or disclosure of your personal information when MYD believes such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), to enforce these Terms, to protect Company rights or property, or to protect other Users of the Community from fraudulent, abusive, or unlawful actions, or if Company believes that an emergency involving immediate danger of death or serious physical injury to any person, requires disclosure of communications or justifies immediate disclosure of records.
MYD does not pre-screen, verify or edit the content posted by Users in the Community. However, MYD and its agents reserve the right to investigate any violation of these Terms and to take remedial action, as it deems appropriate. MYD has the sole discretion to enforce these Terms, including, but not limited to, warning Users of violations, disabling or suspending privileges and access, deleting, screening or editing any content or prohibiting any behavior that does not comply with these Terms. If MYD decides it is necessary to remove any content, MYD may remove the entire thread and any accompanying material, without notice to you.
XV. Delays in Products; Force Majeure
Any delays in, or failure of, performance by MYD, its service providers or service sponsors (including their officers, directors, employees, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond MYD'S control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. MYD shall have no responsibility to provide you access to the MYD website while interruption of the MYD website, due to any such or similar causes, shall continue.
XVI. User Equipment, Payments and Returns
A. User shall provide and maintain all of their own telephone and other equipment necessary to access the MYD website, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by User.
B. When you purchase Products on the MYD website, you will have a choice of payment methods. All prices displayed on MYD website are quoted in U.S. dollars. MYD currently accepts the following methods of payment, which may change without notice in the future: PayPal, as well as Visa, MC, Amex and Discover credit cards. MYD does not accept money orders or personal checks at this time.
C. MYD may only allow delivery to addresses within the United States and Canada. MYD will add shipping and applicable sales/use tax. MYD reserves the right, without prior notice, to discontinue or change specifications and prices on Products offered by and through our website, without incurring any obligation or liability to User. Products displayed on our website are available while supplies last. Descriptions or references to Products on the MYD website does not imply endorsement of that Product, or constitute a warranty by MYD. The receipt by User, of an order confirmation, does not constitute MYD’S automatic acceptance of an order placed by User. Prior to MYD acceptance of an order, verification of information may be required. Company reserves the right, in its sole discretion, at any time after receipt of your order, to accept or decline your order, or any portion thereof. In the event that a Product is listed at an incorrect price, due to supplier pricing information or typographical error, MYD shall have the right to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card or Paypal account has been charged. If your credit card or Paypal account has already been charged for the purchase and your order is canceled, MYD shall promptly issue a credit to your account, in the full amount of the incorrect price charged by us.
D. Returns and Exchanges – MYD wants Users to be thrilled with our Product selection, great deals and customer service. We will gladly accept returns for Products purchased through our website. After fifteen- (15) days from the date of purchase, refunds may be issued in Product credit only. If you think that you've received a defective item or the wrong item, in error, please email us at [email protected] or call us at 1-800-773-5215and we'll do our best to help you quickly and courteously. Remember, we created MYD because we love Great Deals and we know you do, too! Follow these procedures to return an item:
1. To receive maximum credit, items must be returned in new condition, with an assigned RMA#, to the specified address on the email you will receive, after having filled out your Returns form.
2. When shipping your return, be sure to include your RMA# and use a shipper that provides tracking, as we are not responsible for lost or damaged return shipments. Please allow ten (10) days to two (2) weeks for processing and the credit for your items to be applied to your account.
3. Our inventory changes at different rates, and we do not recommend exact exchanges for online purchases. Your alternative is to place a new order, at any time, and send the returned items back to us for a refund.
E. If you refuse an order, at the time of delivery, the original shipping charges will not be refunded and, in fact, you may be subject to additional shipping and/or restocking fees, up to twenty-five percent (25%) of the order amount.
F. Once you're ready to pay for your items, click on ‘Checkout’ from the shopping cart and follow the prompts. Be sure to register on the site to save your address information for the next time you Make Your Deal! If you need assistance regarding an item, please contact our Support Department, either via e-mail at [email protected] or by calling 1-800-773-5215.
G. Canceling an Order – MYD generally processes orders immediately after they are placed, and we may not be able to modify or cancel your order. Please contact us at [email protected] or 1-800-773-5215,to speak to a representative, to see if we can make the change for you.
XVII. Warranty Disclaimer
A. User acknowledges that the information provided through the MYD website is compiled from sources that may be beyond the control of MYD. Though such information is recognized by the parties to be generally reliable, User acknowledges that inaccuracies may occur and MYD does not warrant the accuracy or suitability of the information for any particular purpose. The information is provided by MYD, for User’s personal information only. Information on this website does not constitute advice of any kind. MYD shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon. MYD makes reasonable efforts to obtain reliable content from third parties, but MYD does not guarantee the accuracy of information provided by any third party.
B. USER ACKNOWLEDGES THAT THE MYD WEBSITE IS PROVIDED TO USER ON AN "AS IS, WITH ALL FAULTS" BASIS. MYD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, MYD AND ITS LICENSORS DO NOT REPRESENT OR WARRANT:
1. THAT THE MYD WEBSITE WILL MEET USER REQUIREMENTS OR IS SUITABLE FOR USER NEEDS;
2. THAT THE ACCESS OR USE OF THE MYD WEBSITE WILL BE ERROR-FREE, OR
3. THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH THE MYD WEBSITE OR THE RESULTS OF ANY SUCH PROCESSING.
C. USER IS SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
XVIII. Limitation of Liability; Disclaimer of Consequential Damages
MYD SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF, OR PARTICIPATION IN, THE MYD WEBSITE OR ITS CONTENT.
USER ALSO AGREES THAT MYD (INCLUDING ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MYD WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF MYD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL, AT ANY TIME, BE OR ARISE, ANY LIABILITY ON THE PART OF MYD, BY VIRTUE OF THESE TERMS OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF MYD OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO TEN DOLLARS (USD$10.00), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. USER ACKNOWLEDGES AND AGREES THAT MYD WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE MYD WEBSITE OR THE ACCESS SOFTWARE. HOWEVER, USER HEREBY ASSUMES ALL RESPONSIBILITY (AND HEREBY HOLDS MYD HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON USER’S COMPUTER EQUIPMENT, BY WHATEVER MEANS USER DEEMS MOST APPROPRIATE FOR USER’S NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
USER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS MYD (INCLUDING ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR, AND AGAINST, ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THESE TERMS, ARISING FROM OR RELATED TO USER’S ACCESS TO, AND USE OF, THE MYD WEBSITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE MYD WEBSITE.
XX. Export Control
User agrees that User is not in a country where such export of information, such as that contained on the MYD website, is prohibited or that User is a person or entity to which such export is prohibited. User is responsible for compliance with the laws of User’s local jurisdiction regarding import or export of the information contained in the MYD website and its access software.
XXI. No Conflicting Terms
If there is any conflict between these Terms, any help text, manuals or other documents relating to the MYD website, these Terms shall govern, whether such documents are prior, or subsequent, to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of MYD.
XXII. Attorney's Fees
If MYD takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, MYD shall be entitled to recover from User and User agrees to pay, reasonable and necessary attorney's fees and all costs of any litigation.
XXIII. Governing Law; Limitations; Venue
These Terms and the Agreement it creates, shall be governed by the laws of the State of Nevada, excluding any conflicts of laws principle. To the extent allowed by applicable law, any claims or causes of action arising from, or relating to, User’s access and use of the MYD website, contemplated by these Terms, must be instituted within six (6) months from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the appropriate State Court in Nevada, and User agrees to submit to the exclusive personal jurisdiction of such Court and hereby appoints the officer of such Court as agent for service of process.
If any provision of these Terms is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce the remainder of the Terms and this Agreement.
XXV. Data Protection
A. MYD recognizes that any data provided by User is extremely important and we shall, therefore, be particularly sensitive in handling such data. That is why we employ state-of-the-art, 256-bit encryption, provided by GoDaddy.com SSL certificates - SSL (Secure Sockets Layer). This SSL technology provides the highest level of security currently available for secure transactions on the Internet. Also, we have a dedicated IP (Internet Protocol) address, just for the SSL and have additional safeguards provided through our e-commerce software.
B. Users are advised that there are inherent security risks in transmitting data, such as emails or personal information, via the Internet, because it is impossible to completely safeguard against unauthorized access by third parties. Nevertheless, MYD shall do what is reasonable to safeguard User data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third party rights, unless the respective party has given prior consent in view of such security risks.
XXVI. Unsolicited Idea Submission Policy
MYD DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND US ANY ORIGINAL SAMPLES, DEMOS OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDING OR DISPUTES WHEN MYD SERVICES, PRODUCTS OR MARKETING STRATEGIES SEEM SIMILAR TO IDEAS SUBMITTED TO US BY OTHERS. WE ASK THAT YOU DO NOT SEND YOUR UNSOLICITED IDEAS TO MYD OR ANYONE ASSOCIATED WITH US. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MYD MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
VOID WHERE PROHIBITED: Although the information on our website is accessible worldwide, not all Products on our website may be available to all persons or in all geographic locations or jurisdictions. MYD each reserve the right to limit the provision of their Products to any person, geographic area, or jurisdiction they so desire, and to limit the quantities of any Products that they provide, in their sole discretion. Any offer for any Product listed on our website, is void where prohibited.
XXVIII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XXIX. Contact Information
Please contact MYD by sending an email to:
[email protected] You may also send mail, via US Mail, to us at:
Alizé Marketing, LLC
9811 West Charleston, Bld. Ste.2
Las Vegas, NV 89117
A. MYD may send out a newsletter and/or other informational e-mails (collectively referred to as "Newsletters") to all Users. In these Newsletters, we may inform you about new services, features, products or special offers.
B. You may choose to unsubscribe from the Newsletter or other email contact, at any time, by clicking on “My Account”. Then click on “Change” which is located beside the word “Subscribe”.
These Terms constitute the entire Agreement between the parties, regarding the subject matter hereof, and no other agreement, as to such subject matter, written or oral, exists.
THESE TERMS WERE LAST UPDATED ON SEPTEMBER 28, 2015.