Welcome to sextoysdistributing.com (the “Website”) operated by XR, LLC d/b/a SexToyDistributing.com, a Maryland limited liability company (the “Company”). The Company offers various goods, products, and other services for sale as provided through the Website. By interacting with, and/or placing orders with the Company you agree to be subject to these Terms and Conditions (collectively, the “Terms”). The Company reserves the right to modify or amend these Terms at any time, for any reason.
The goods, products, resources, and/or services (the “Products”) itemized on invoices, purchase orders, quotes, or other documents issued by the Company and/or provided or sold by the Company may include materials created, designed, manufactured, and/or produced by third parties (each a “Third-Party” and collectively, the “Third Parties”). By accepting Products from the Company, the accepting party (the “Customer”), agrees, understands, and acknowledges the following:
THE COMPANY, ON BEHALF OF ITS AFFILIATES, LICENSORS, SUPPLIERS, AGENTS, AND SUBCONTRACTORS, EXPRESSLY DISCLAIMS (1) ALL REPRESENTATIONS AND WARRANTIES CONCERNING THE SCOPE OR VALIDITY OF ANY INTELLECTUAL PROPERTY RIGHTS CONCERNING THE PRODUCTS; (2) ANY WARRANTY THAT THE DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, SALE, MARKETING OR SALE, OR USE OF THE PRODUCTS OR ANY RELATED INTELLECTUAL PROPERTY RIGHTS BY CUSTOMER WILL NOT INFRINGE UPON ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY; AND (3) ANY PROVIDED IN ANY APPLICABLE PROVISION OF THE UNIFORM COMMERCIAL CODE OR ANY OTHER COMPARABLE LAW OR STATUTE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE PRODUCTS PROVIDED BY THE COMPANY, INCLUDING, BUT NOT LIMITED TO, THOSE ITEMIZED ON ANY INVOICE ISSUED BY THE COMPANY, ARE FURNISHED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, USEFULNESS, COMMERCIAL UTILITY, ADEQUACY, COMPLIANCE WITH ANY LAW, DOMESTIC OR FOREIGN, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR THE VALIDITY OF ANY INTELLECTUAL PROPERTY CONCERNING OR RELATED TO THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, EXCEPT FOR CLAIMS ARISING FROM FRAUD, WILLFUL MISCONDUCT ON THE PART OF COMPANY, NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER TO THE OTHER PARTY OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON SUCH OTHER PARTY OR ANY OTHER PERSON, INCLUDING ANY SUCH LIABILITY ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (A) THE MANUFACTURE, USE, OFFER FOR SALE, SALE, OR IMPORT OF ANY PRODUCTS OR THE PRACTICE OF THE INTELLECTUAL PROPERTY LICENSED HEREUNDER; (B) THE USE OF OR ANY ERRORS OR OMISSIONS IN ANY INTELLECTUAL PROPERTY RELATED TO THE PRODUCTS; OR (C) ANY ADVERTISING OR OTHER PROMOTIONAL ACTIVITIES CONCERNING ANY OF THE FOREGOING.
CUSTOMER HEREBY ASSUMES THE RISK OF INFRINGEMENT ASSOCIATED WITH THE DESIGN, MANUFACTURE, PRODUCTION, SALE, MARKETING OR ADVERTISING FOR SALE, OR USE OF THE PRODUCTS. CUSTOMER AGREES AND ACKNOWLEDGES THAT, UNLESS EXPLICITY AGREED IN WRITING BY THE COMPANY, ALL PRODUCTS ARE PROVIDED AND SOLD PURSUANT TO SHIPMENT CONTRACTS.
Please carefully review the policies and practices of the Third Parties and make sure to understand them before engaging in any transaction involving the Products. Complaints, claims, concerns, or questions regarding the Products should be directed to the appropriate Third-Party.
These Terms and Conditions and the sale of any and all Products shall be construed in accordance with and governed by the laws of the State of California, without regard to its conflicts of laws or principles.
No order, purchase, quote, or other request to Company shall be construed as constituting a partnership, joint venture, or other form of legal association that would impose liability upon one party for the acts or failure to act of the other party. These Terms and Conditions shall govern and apply to each order, excepting such additional or different terms and conditions as are expressly agreed to in writing by Company with regards to a specific order.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES PROVIDED BY COMPANY TO CUSTOMER AND NO EXPRESS OR IMPLIED WARRANTIES PROVIDED BY COMPANY TO CUSTOMER'S END CUSTOMERS. COMPANY DISCLAIMS, AND CUSTOMER WAIVES, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. NO AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING SAFETY, SUITABILITY FOR USE, OR THE PERFORMANCE OF PRODUCTS SHALL BE DEEMED TO BE A WARRANTY OR GUARANTY BY COMPANY FOR ANY PURPOSE.
By accepting any Product(s), Customer further agrees and acknowledges that in the event the Company is required to commence legal proceedings and/or collection activities to enforce its rights set forth in any agreement, invoice, or other document including, but not limited to, Company’s right to receive any payment, Customer shall be liable to, and reimburse the Company for all reasonable attorneys’ fees, costs, and other expenses incurred by Company.
All notices or communications concerning or related to these Terms shall be made in writing and sent to the following addresses or at such other addresses as the parties may designate from time to time by certified or registered mail:
SexToy Distributing
15251 Pipeline Lane
Huntington Beach, CA 92649
Attention: Brenda Reynoso
Telephone: +1-714-847-9292