Terms and Conditions
Hello!
This agreement (the “Agreement”) contains legally binding terms and conditions for your use of the Website. Please read it carefully.
This first section discusses who we are and who can use our Services.
Thank you for using the Myx Tees Website (“Myx Tees”, “we”, “us”, “our”). The Terms and Conditions, as put forth below, govern your use of all Myx Tees sites, including all affiliate sites or marketplaces where We do business (“Website(s), “Site(s)”) and all mobile or desktop apps, widgets, data, (“Apps”), and all services provided by Myx Tees (“Service(s)”). By using, visiting, or contributing to the Websites in any manner whatsoever, you (“you”, “your”) agree to be bound by these Term and Conditions, along with our Privacy Policy, Cookies Policy, and any other terms, operating rules, policies and procedures referred to specifically in any of these policies or agreements or that may be published from time to time on the Websites, each of which is incorporated by reference. The Services are provided for use subject to your acceptance, without alteration or amendments, of all the terms and conditions as set forth herein (the “Terms”, “Terms and Conditions”). These Terms and Conditions may be updated by Myx Tees, at their sole discretion, from time to time without any prior notification. Some Services provided by Myx Tees may be subject to additional terms and conditions. Your use of any of those additional Services is subject to those additional terms and conditions, which are also incorporated into these Terms and Conditions by reference.
To use the Services you must be of legal age within your jurisdiction or be at least 13 years old with parental or legal guardian(s) permission. All registration information you submit must be valid and accurate. Myx Tees may, at its sole discretion, refuse to offer the Service to any person or entity for any reason whatsoever. Myx Tees also reserves the right to change, alter, replace or modify the Terms and Conditions from time to time, which may also change the criteria for using the Service. If this provision is prohibited by law, then Myx Tees rescinds any right to access the Service from those jurisdictions. If you are based in the European Economic Area (“EEA”), you may only use the Myx Tees Websites if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of the Myx Tees Websites has been provided to us. Using Myx Tees may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms and Conditions will apply to any updates.
Since changes to the Terms and Conditions may occur without notification, it is your responsibility to check for updates from time to time. The date of the latest Terms and Conditions will be noted at the end of the document. If you do not terminate your account within two weeks of any changes to the Terms and Conditions, then your continued use of the Website will constitute an agreement to the revised Terms and Conditions.
Modification of Terms of Use.
This section discusses Our right to modify these Terms at any time.
Myx Tees reserves the right, at its sole discretion, to modify or replace any of the terms in these Terms and Conditions, or to alter, modify, suspend, or discontinue the Service, including without limitation, the availability of any content, feature, service or database, without notice at any time. Limitation or restrictions to access to all or parts of the Site or Services may also be imposed by Myx Tees without notice or liability. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. Any dispute between you and Myx Tees shall be based upon the terms of service that were in effect at the time the dispute arose.
INFORMATION REQUIRED AT REGISTRATION
This section discusses the information we need in order for you to register with the Site, to make purchases, some of your responsibilities after you register as well as your need to agree to these Terms and Conditions.
You may access Our Website for free however, access to certain features requires registration. Myx Tees will require that you provide to us certain personal information that may include your Name, physical address and email address, country of residence and postal/zip code as well as a password (“User ID”). Failure to provide Myx Tees with complete and accurate information shall constitute a breach of these Terms and Conditions, which may result in the termination of your account.
Myx Tees shall reserve the right to refuse registration or purchases by any registrant that it deems has violated these policies at its sole discretion. You shall inform Myx Tees immediately of any security breach or unauthorized use of your account as soon as you become aware of it. Myx Tees requires that each registered user agree to the Terms and Conditions.
Following or making a purchase grants Us access to your email address and possibly other personal information. Such information is subject to our Privacy Policy.
Payments and Fees
This section discusses how Merchandise may be purchased and how the payments, fees and taxes are dealt with and who is responsible. It also describes the refund policy.
Products are available for purchase through the site (“Merchandise”). The total price for Merchandise will consist of the price of the product plus any applicable sales tax or VAT based upon your location and the tax rates in effect at the time of the sale. By completing an online order, You are making an offer to purchase the Merchandise on our Site. Prices for any Merchandise are subject to change without notice. We reserve the right to modify, at any time with or without notice, or to discontinue service, in whole or in part, at any time. We shall not be liable to You or any third-party for any modification, price change, suspension or discontinuance of the Service or any Merchandise. We also retain the right to limit the geographic region or jurisdiction where our Services and Merchandise may be sold or offered.
Payment must be made at the time You submit the online order. You warrant that you are an authorized user of the credit card, PayPal account or other payment means provided. All online orders placed through the Site are subject to confirmation and acceptance by Myx Tees. You may receive an email confirming that you placed an order. This email is NOT an acceptance of your order, rather it is just a confirmation that we have received it and are processing the request. We retain the right to reject any order for any reason without notice to You and refund any payment made by You at any time prior to delivery, this includes but is not limited to sales of items that are out of stock. Orders may be delivered in parts. When an order is only partially delivered, or partially cancelled, the 14 day return policy will apply to each individual delivery.
All payments will be collected in U.S. Dollars. If You are located outside of the United States, your payment will be converted into U.S. Dollars and will be subject to the exchange rates that are in effect at the time of your purchase. Your bank or credit card company may also charge you a conversion fee. Contact your bank or credit card company for details about those fees.
You will be solely responsible for any duty charges that may be incurred in shipping the Merchandise to You.
At the sole and absolute discretion of Myx Tees, we retain the right, but not the obligation, to immediately halt offering or selling any Merchandise or Services, or to prevent or restrict access to the Website or the Services or take any other action in case of technical issues, inaccurate listings or pricing, or resultant of actions otherwise prohibited by the Terms and Conditions, or for any other reason and to correct any inaccurate listing or technical problems on the Website.
You agree to be solely responsible and liable for, and Myx Tees shall have no responsibility or liability for, any generated transaction fees including but not limited to PayPal fees, credit card transaction fees, exchange rate fees (together, “Fees”), bad debts (such as credit card returns or fraud), disputed payments, and refunds, except as provided in this Agreement.
Third Party Sites
This section warns you that we have no control of any other third party sites that may be linked to from our Site.
The Website may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Myx Tees Website. These other websites are not under Myx Tees’s control, and you acknowledge that Myx Tees is not responsible or liable for the content, legality, appropriateness, functions, accuracy, or any other aspect of such websites or resources. Accessing third party websites should be done at your own risk. The inclusion of any such link does not imply endorsement by Myx Tees or any association with its operators. You further acknowledge and agree that Myx Tees shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Integration and Severability
This section describes how this agreement is only between you and Myx Tees and that if part of it is illegal, the rest will still remain in force.
These Terms and Conditions are the entire agreement between you and Myx Tees with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Myx Tees with respect to the Website. If any provision of these Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous
This section describes Myx Tees’s relationship with you, Our liability and how you cannot assign this agreement and special conditions if you are a consumer in the EEA
Myx Tees shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Myx Tees’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with Myx Tees’ prior written consent. Myx Tees may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms and Conditions, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. The captions and headings in this Terms and Conditions are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of this document, or of any provision within this Terms and Conditions, nor in any way affect the interpretation of this Agreement.
If you are a consumer in the EEA, Myx Tees may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment, you are entitled
to terminate the agreement with immediate effect by deactivating your account. Myx Tees will provide you with reasonable notice of any such assignment.
Indemnification
This section describes how you will be held responsible for what you upload or do on the site and if we are sued because of it, you will have to pay all our costs.
You hereby agree to indemnify, defend and hold harmless Myx Tees, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or our Contributors Agreement;
(i) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Myx Tees or that may arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your submissions, violation of these Terms and Conditions, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity, and for breach of any of your representations and warranties in these Terms and Conditions. For the avoidance of doubt, you hereby agree to defend, indemnify, and hold harmless Myx Tees from any and all claims by a third party. Myx Tees reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Myx Tees in asserting any available defenses at your sole expense.
(ii) For consumers located in the EEA, Myx Tees does not exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
Arbitration
This section describes how you must agree to arbitration to resolve any legal matter between us unless you are a consumer in the EEA.
A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Myx Tees agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Fairfax County, Virginia, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Eastern District of Virginia. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation, this section.
All claims must be brought in the parties individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these terms, you and Myx Tees are each waiving the right to a trial by jury or to participate in a class action.
The Arbitration section does not apply to consumers in the EEA.
Revised – October 29, 2021
