Terms & Conditions

 

Agreement between User and https://www.xpertaccessories.com/
Welcome to https://www.xpertaccessories.com/. The https://www.xpertaccessories.com/ website
(the “Site”) is comprised of various web pages operated by MJD Innovative Solutions, LLC.
https://www.xpertaccessories.com/ is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of
https://www.xpertaccessories.com/ constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference.
https://www.xpertaccessories.com/ is an E-Commerce Site.
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Privacy
Your use of https://www.xpertaccessories.com/ is subject to MJD Innovative Solutions, LLC’s
Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of
our data collection practices.
Electronic Communications
Visiting https://www.xpertaccessories.com/ or sending emails to MJD Innovative Solutions, LLC
constitutes electronic communications. You consent to receive electronic communications and you
agree that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that MJD Innovative Solutions,
LLC is not responsible for third party access to your account that results from theft or
misappropriation of your account. MJD Innovative Solutions, LLC and its associates reserve the
right to refuse or cancel service, terminate accounts, or remove or edit content in our sole
discretion.
Children Under Thirteen
MJD Innovative Solutions, LLC does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use
https://www.xpertaccessories.com/ only with permission of a parent or guardian.
Cancellation/Refund Policy
Xpert does not allow returns if the product has been removed from the original packaging and has
been installed.
If you encounter an issue with a product please reach out to us using the email in our contact
section of the website and we will do everything we can to make sure you are taken care of.
Links to Third Party Sites/Third Party Services
https://www.xpertaccessories.com/ may contain links to other websites (“Linked Sites”). The
Linked Sites are not under the control of MJD Innovative Solutions, LLC and MJD Innovative
Solutions, LLC is not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site. MJD Innovative
Solutions, LLC is providing these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by MJD Innovative Solutions, LLC of the site or any association with
its operators.
Certain services made available via https://www.xpertaccessories.com/ are delivered by third party
sites and organizations. By using any product, service or functionality originating from the
https://www.xpertaccessories.com/ domain, you hereby acknowledge and consent that MJD
Innovative Solutions, LLC may share such information and data with any third party with whom
MJD Innovative Solutions, LLC has a contractual relationship to provide the requested product,
service or functionality on behalf of https://www.xpertaccessories.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
https://www.xpertaccessories.com/ strictly in accordance with these terms of use. As a condition
of your use of the Site, you warrant to MJD Innovative Solutions, LLC that you will not use the
Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any
manner which could damage, disable, overburden, or impair the Site or interfere with any other
party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of MJD Innovative
Solutions, LLC or its suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such content and will not make
any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
MJD Innovative Solutions, LLC content is not for resale. Your use of the Site does not entitle you
to make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the content without the express written
permission of MJD Innovative Solutions, LLC and the copyright owner. You agree that you do
not acquire any ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of MJD Innovative Solutions, LLC or our licensors
except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by MJD Innovative Solutions, LLC from our
offices within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the MJD Innovative
Solutions, LLC Content accessed through https://www.xpertaccessories.com/ in any country or in
any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless MJD Innovative Solutions, LLC, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the
Site or services, any user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. MJD Innovative Solutions, LLC reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with MJD Innovative Solutions, LLC in asserting any available
defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and MJD Innovative Solutions, LLC agree otherwise, the
arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over
any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. MJD INNOVATIVE SOLUTIONS, LLC AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.
MJD INNOVATIVE SOLUTIONS, LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. MJD INNOVATIVE SOLUTIONS, LLC AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL MJD INNOVATIVE SOLUTIONS, LLC AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MJD INNOVATIVE
SOLUTIONS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
MJD Innovative Solutions, LLC reserves the right, in its sole discretion, to terminate your access
to the Site and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of
Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in
all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms, including, without limitation,
this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and MJD Innovative Solutions, LLC as a result of this agreement or use of the Site. MJD
Innovative Solutions, LLC’s performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of MJD Innovative Solutions,
LLC’s right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by MJD Innovative
Solutions, LLC with respect to such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and MJD Innovative Solutions, LLC with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and MJD Innovative Solutions, LLC with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related documents be written
in English.
Changes to Terms
MJD Innovative Solutions, LLC reserves the right, in its sole discretion, to change the Terms under
which https://www.xpertaccessories.com/ is offered. The most current version of the Terms will
supersede all previous versions. MJD Innovative Solutions, LLC encourages you to periodically
review the Terms to stay informed of our updates.
Contact Us
MJD Innovative Solutions, LLC welcomes your questions or comments regarding the Terms:
MJD Innovative Solutions, LLC
3211 101st Ave NE
Blaine, Minnesota 55449
Email Address:
[email protected]
Telephone number:
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Effective as of January 13, 2021