Welcome to www.maxxmoda.com (“the Site”), the United States online store of MAXX MODA® , which is operated by Xcess Apparel Group, INC, 16000 Pines Blvd, #82-1805, Pembroke Pines, Florida 33082. (Xcess Apparel Group, INC and its affiliates, are hereinafter collectively referred to as “XAG-MAXXMODA”.)
USE OF THE SITE
to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.
XCESS APPAREL GROUP, INC is the owner of all of all rights in the MAXX MODA® trademarks and logos.
Except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of XAG-MAXXMODA.
USE OF INFORMATION SUBMITTED BY YOU
If you respond to XAG-MAXXMODA with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of XAG-MAXXMODA, and your submission of information shall constitute an assignment to XAG-MAXXMODA of all worldwide rights, titles and interests in such information. XAG-MAXXMODA will not be liable for any use or disclosure of such information. XAG-MAXXMODA will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. XAG-MAXXMODA will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely
upon such information.
PRODUCT AND PRICING INFORMATION
The information on this Site does not constitute a binding offer to sell products described on the Site. XAG-MAXXMODA reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Subject to the
foregoing, the prices displayed are quoted in U.S. dollars and are effective only for domestic purchases within the United States. Although XAG-MAXXMODA has made every effort to display the products and their colors as accurately as possible, the DISPLAYED colors of the products will depend upon the monitor of the user and XAG-MAXXMODA cannot guarantee that the user’s monitor will accurately portray the ACTUAL colors of the products. Purchases are subject toapplicable taxes to be paid by the purchaser, and do not include shipping and handling unless implicitly noted.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
While XAG-MAXXMODA attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. XAG-MAXXMODA reserves the right to make corrections and changes to the Site at any time without notice. XAG-MAXXMODA does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to use of the Site. XAG-MAXXMODA disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including, but not limited to, all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. XAG-MAXXMODA does not warrant that the Site is free of computer viruses, bugs or other harmful components. XAG-MAXXMODA does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. XAG-MAXXMODA does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. XAG-MAXXMODA does not have any duty to update the Site or modify their content or code, and XAG-MAXXMODA
shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on the Sites before relying upon it.
XAG-MAXXMODA makes no warranties of any kind regarding any non-XAG-MAXXMODA websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and XAG-MAXXMODA makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-XAG-MAXXMODA sites.
IN NO EVENT SHALL XAG-MAXXMODA, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
GIFT CARD DISCLAIMER
XAG-MAXXMODA reserves the right to refuse to send or transmit gift cards, including e-gift cards that contain vulgar, obscene, abusive, profane or otherwise offensive language.
IN NO EVENT SHALL XAG-MAXXMODA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO PROPERTY AND INJURY OR DEATH TO PERSONS, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
ENTIRE AGREEMENT AND ADMISSIBILITY
Updated: January 16, 2018