Terms of service
OVERVIEW
Welcome to MD Cosmetique’s website, www.mdcosmetique.com owned and operated by AG-Cosmetics, LLC. Throughout the site, the terms “we”, “us” and “our” refer to MD Cosmetique.
Our content and services available here on the website will be subject to the following terms and conditions. Do read our Terms and Conditions carefully, as these contain provisions that govern how disputes will be resolved.
SECTION 1: PRIVACY
Before using our website, do review the Privacy Policy, which provides all the details on the data collected and how it will be used. It will further explain how we will treat your personal information and how your privacy is protected as you use our website and avail of our products. When using our website or making a purchase, you are agreeing to the use of your data in accordance with the Privacy Policy.
SECTION 2: WEBSITE AUDIENCE
Do note that MD Cosmetique will not offer products for minors to purchase. Products designed for children can only be purchased by individuals over 18 years old. As such, the buyer’s order is assurance that they are of legal age. MD Cosmetique will not accept liability in case purchases were made by minors.
SECTION 3: INFORMATION ACCURACY
We do our best to keep our website updated and as accurate as possible when describing our offerings on our website. However, we also cannot warrant that product descriptions and other website details are completely accurate, current, or error-free, as permitted by applicable law. As such, we will not be held responsible for any damages or losses incurred as a result of any failure to update our website content.
SECTION 4: INTELLECTUAL PROPERTY
All content available on our website, including (but not limited to) logos, graphics, images, audio clips, is the property of MD Cosmetique, our partners or licensors, and our affiliates. Our content is also protected by the United States and international copyright laws.
SECTION 5: ELECTRONIC COMMUNICATIONS
All information communicated on the website is made via electronic communication. When the buyer communicates with us through the website and other forms of electronic media, including e-mail, you agree that we may communicate with you electronically, and that this is subject to local privacy and anti-spam laws. Moreover, our communications, including notices, agreements, and disclosures, are equivalent to the written form of communication, and thus will have the same force and effect.
SECTION 6: SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
AG-Cosmetics, LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@mdcosmetique.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Our current mobile provider is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in North Miami Beach, FL before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which AG-Cosmetics, LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
SECTION 7: OBLIGATIONS AND RESPONSIBILITIES
When accessing or using the website, you must comply with our Terms and Conditions, along with the instructions or warnings regarding website access and use. Moreover, you must act in accordance with the law. It is strictly prohibited to use and contact this website with the intent of damage or disruption, or to harass and disparage our website, personnel, products, and services. You must not use the website for commercial purposes.
Moreover, you agree that you abide with third-party company policies and terms necessary to use our website. If you default in any of the obligations set forth in these Terms and Conditions, as well as on our Privacy Policy, you will be held liable for all the losses and damages this may cause to our company, partners, and affiliates.
SECTION 8: YOUR ACCOUNT
You may register at our website using your e-mail. You will be creating a username and password for this website account. Because of this, you will be responsible in keeping your account details confidential, and that you agree to accept responsibility for all activities performed under your account. Moreover, you will agree to provide accurate and truthful information.
We have the right to terminate accounts or refuse services if you violate our Terms and Conditions. We may also do so if we decide, in our discretion, that termination of your account or services is in our best interests.
SECTION 9: PROHIBITED USES
You are prohibited from using our website and its content for the following purposes:
- Unlawful purposes;
- Solicit others to participate in unlawful actions;
- Violate federal, state, provincial, or international laws, rules, and regulations;
- Violate our intellectual property rights;
- Abuse, harass, harm or discriminate based on sexual orientation, gender, ethnicity, race, religion, age, nationality, or disability;
- Submit false and misleading information;
- Upload or transmit viruses that will be used in ways that affect the functionality of our website or services offered;
- Collect and tract personal information;
- Spam, crawl, spider, or phish;
- Obscene and immoral purposes
- Interfere our website’s security features.
If we find you using our website for the aforementioned purposes, we have the right to terminate your use of our services and website.
SECTION 10: DISCLAIMER OF WARRANTIES
Before using our services or website, do note that we cannot guarantee, warrant, or represent that your use will be secure, uninterrupted, and error-free.
We also will not warrant that results received from the use of services are reliable and accurate.
You will agree we can remove or cancel the service for indefinite periods at any time and without any notice.
You agree that your use or inability to use our services is your risk. Our services and products are provided as is and as available for your use. There will be no representation, conditions, or warranties of any kind, whether express or implied. This will include implied conditions or warranties of merchantability, durability, non-infringement- and title.
In no case shall MD Cosmetique, as well as all employees, agents, interns, affiliates, suppliers, service providers, and licensors be liable for any claim, loss, injury, or damages of any kind, including, and without limitation, lost revenue, profits, savings, data, replacement costs, and other similar damages, whether based in contract, strict liability, or tort, arising from your use of our service and product procured from our service, as well as from claims related in your use of our service or product, including, but not limited to, errors or omissions of content, or loss and damage of any kind resulting from the used of the service or product posted and made available, even if advised of the possibility. Due to the fact that certain states and jurisdictions prohibit the limitation or removal of liability for any damage, this means that our liability will be limited to the maximum extent allowed by law in such states and jurisdictions.
SECTION 11: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
At our request, if you send specific submissions (e.g. contest entries), or without any request from us, you submit suggestions, feedback, creative ideas, plans, proposals, and other materials, may it be online, via email, postal mail, and otherwise, then you agree that we, at any time and without any restriction, have the ability to copy, edit, translate, publish, distribute, and otherwise use your forwarded material in any medium. We will be in under no obligation to (1) maintain comments in confidence; (2) provide compensation for material; and (3) to respond to the material sent.
Moreover, we may, but will have no obligation to do so and in our sole judgment, edit, monitor, and remove content determined to be unlawful, threatening, offensive, defamatory, obscene, or otherwise violates intellectual property or these Terms and Conditions.
You also agree that your material will not violate the rights of any third-party, including trademark, copyright, privacy, and other personal and proprietary right. Furthermore, you agree that your submitted materials will not contain any unlawful, obscene, or abusive material, or contain malware that can negatively affect the operation of our website and services offered. You must not use a fake e-mail address, pretend to be anyone else but yourself, or otherwise mislead us and third-parties regarding the origin of any material. You will be responsible for the materials you create and submit, as well as their accuracy. We will take no responsibility nor assume liability for materials posted by you and third-parties.
SECTION 12: TERMINATION
Any obligations or liabilities incurred before the termination date will survive the termination of this agreement. These Terms and Conditions remain effective unless and until terminated by either party. One can terminate our Terms and Conditions at any time when you stop using our website or notify us that you will stop using our services.
If, in our judgement to comply with the terms or provision of these Terms and Conditions, we may terminate our agreement any time without notice. If this happens, you are held liable for any amounts up to and including the date of termination. Moreover, we may deny you access to our services.
SECTION 13: INDEMNIFICATION
You agree to defend and hold our company harmless against all losses, costs, damages, and expenses that result from your violation of these Terms and Conditions.
Do note that this will not require you to indemnify us for unconscionable commercial practices.
SECTION 14: PROMOTIONS, OFFERS, AND DISCOUNT CODES
Buyers may receive promotional codes from us at MD Cosmetique, may it be through email or promotional materials. Promo codes are not transferable nor contain monetary value. Furthermore, promo codes will have an expiry date, which is explicitly stated on the email or promotional material. The expiry date cannot be extended or modified.
When a buyer uses a promo code for their purchase containing multiple products, the discount value will be spread over according the item’s value. Refunds of purchased items is reduced by the discount value, and the discount will not be refunded. Do note that you may only use one discount voucher or code per order.
In case of a defective or expired promo code, the discount value will not be deducted from the order. Moreover, we will not issue any replacement code.
Some of our items may be included in our promos and discounts, however, goods purchased as a set may be exempt from offers, promos, or discounts, unless agreed upon otherwise. MD Cosmetique will not perform any adjustments on prices of items for sale.
SECTION 15: SEVERABILITY
In case a provision of the Terms and Conditions is deemed void, unenforceable, or unlawful, then these provisions will be enforceable to the fullest extent allowed by applicable law. Any unenforceable parts will be severed from the Terms and Conditions, and the validity and unenforceability of any remaining provisions will not be affected.
SECTION 16: GENERAL
We reserve our right to make any changes to our Terms and Conditions any time by posting any changes on this website, as well as revising the updated date located on top of the page. Any changes made that have been published on our website are effective immediately. If you do not agree with the changes, you must stop using the website.
SECTION 17: GOVERNING LAW
Our Terms and Conditions shall be governed by and construed in accordance with the laws of State of Florida.
SECTION 18: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@mdcosmetique.com
Our contact information is posted below:
AG-Cosmetics, LLC
support@mdcosmetique.com
18117 BISCAYNE BLVD #3041, AVENTURA, FL 33160
1-954-899-0201
FEI/EIN Number: 93-1607104
