Print Print
Terms of Service

 

SECTION ONE

Version 6: Last updated sections 4.1, 4.1.1 (new), 19.3.2, 19.3.3, 19.3.4, 19.3.6 and 19.3.7 on 15-Aug-2013

Toggle
MEXZOTIC (“MEXZOTIC”, “We” or “Us”) Internet web site & Membership Terms of Use

The terms and conditions set forth below (the “terms”) govern your use of this site on the internet, the “world wide web”, mobile networks, or any other communication methods now known or developed in the future. These terms are a legal contract between You, an individual user of at least 18 years of age (“You” or, collectively, “Members” or “Users”), and MexZotic and govern your access to, and use of, the MexZotic website located at https://www.mexzotic.com/ together with the services available through this site (the “site”), including your subscription to and use of MexZotic Membership Management Software. If you are under the age of 18 your parent or guardian must enter into this agreement on your behalf. If you do not agree with any of these terms, close this site down immediately and do not access or otherwise use this site or any information contained on this site. Your use of this site shall be deemed to be Your agreement to abide by each of the terms set forth below. If You are under the age of 18, You affirm that by Your continued or future use Your parent or legal guardian has first agreed to these terms on Your behalf.

The information contained in this website is for general information purposes only. The information is provided by MexZotic and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance You place on such information is therefore strictly at Your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profit’s arising out of, or in connection with, the use of this website.

Through this website You are able to link to other websites which are not under the control of MexZotic. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, MexZotic takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Toggle
1. ELIGIBILITY

The Site is not available to persons under the age of 18 or to any users previously suspended or removed from the Site by MexZotic. By downloading, installing or otherwise using the site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the site. The content on the Site is only available for Personal and Non–commercial use for Members, their Customers, Hosts & Guests and future Members only. Any other use is prohibited.

Toggle
2. MODIFICATION OF TERMS

MexZotic may make changes to the content and services offered on this site at any time. MexZotic can change these terms at any time by posting updated terms of service on this site and/or by sending registered users an email notice of the changes. Additionally, we will notify You through the MexZotic “notice board” area or by email. If any modification is unacceptable to You, You shall cease using this site. If You do not cease using this site, You will be conclusively deemed to have accepted the change. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after giving notice and or their initial posting. This agreement may not be otherwise amended except in a written format signed by both You and Us. For purposes of this provision, a “written format” does not include an email message and a signature does not include an electronic signature.

Toggle
3. NOTICE

MexZotic may provide You with notices, including those regarding changes to MexZotic’s terms and conditions, by email, regular mail, or postings on the Site. Notice will be deemed given twenty–four hours after email is sent, unless MexZotic is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.

Toggle
4. MEXZOTIC LICENSE GRANT

MexZotic provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including Management Software, General Information, Shopping Areas, Shopping Cart, Advertising Content, Logos, Graphics, Brochures and Images (together, the “Materials”) that are provided to You by or by way of MexZotic (including as an interactive computer service or online service provider) and are the copyrighted and/or trademarked work of MexZotic or MexZotic’s contributors, that is, any person or entity who makes Materials available on or by way of MexZotic, either publicly or privately.

MexZotic grants You a limited, personal, non–exclusive and non–transferable license (see clause 4.4 for exception), to use and to display the Materials and to use the services of this Site solely for Your own personal or business use. Except for the license set forth herein, You acknowledge and agree that You may have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.

MexZotic reserves all rights to have full and complete access to all data entered into the Management Software by all Resellers, Distributors and Importers. All customers and customer information entered into the Management Software will remain 100% owned exclusively by MexZotic and the customer data base will remain the intellectual and private property of MexZotic at all time.

This limited license may be terminated automatically, with or without notice to You, if You breach any of these Terms. Upon termination of this limited license. You agree to immediately destroy any downloaded or printed Materials and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have no right, title or interest in or to the Site or the Materials.

Toggle
4.1 Online Membership Group - Payments, Benefits & Terms

Subject to Your compliance with the terms and conditions set out in these Terms, MexZotic has the following Membership Payment and Benefit Terms;

Membership cost for Reseller is USD$9.95 payable on or before the 1st day of each month for the calendar month in advance.

Membership cost for Distributor is USD$29.95 payable on or before the 1st day of each month for the calendar month in advance.

Membership cost for Importer is USD$1,000 payable on or before the 1st day of month for the calendar year in advance.

Approved method of Membership payment is by major credit card or direct debit. Personal checks are not permitted.

Payments will be automatically deducted from the Members nominated payment method each month usually on the 1st day of each month.

Membership Commission Credits paid for Introducing new Members are as follows;
a. Amount of credit (referred to as “Commission Credit” or “Credit”) to be applied is as follows;
b. Reseller Level cannot recruit any new Members on any Level, not even another Reseller.
c. Distributor will be awarded $50 credit for each recruited Reseller and $75 credit for each recruited Distributor. Distributor cannot recruit an Importer.
d. Importer will be awarded $75 credit for each recruited Reseller, $100 credit for each recruited Distributor and $250 credit for each recruited Importer.

Sales and Product Profit on Silver Jewelry Product Sales is as follows;
a. Member places order on shopping cart, orders are placed with a built in
b. 35% – 40% Reseller gross profit margin
c. 45% – 50% Distributor gross profit margin
d. 60% – 70% Importer gross profit margin

Minimum order quantity (MOQ) applies to all Levels. Importer is $500 (MOQ), Distributor is $250 MOQ and Reseller $100 MOQ per each and every separate order based on Members Discount Purchase Price and NOT RRP (Not including S&H).

Commission Credit payments will be processed as a credit only and will be applied to each Members Account by the 15th of each month following the previous month’s calculation for Commission Credit.

Commission Credits may be used on any orders for any products unless otherwise stated and must be equal to or lesser than the purchase cost of the accompanying order. Maximum value of credit percentage allowed on any one order for Reseller and Distributor orders may not exceed 50% of total order value. Maximum value of credit percentage allowed on any one order for Importer orders may not exceed 25% of total order value.

Product Profit payments will be processed as a monetary amount only and will be applied to each Members Account by the 15th of each month following the previous month’s calculation for Product Profit. Product Profit will be paid to each applicable Member, Company Check or directly into each Members nominated bank account.

A Host enjoys certain benefits and bonuses for having a Host Party Event as follows;
a. Accrued credit based on total Host Party Event sales.
b. A certain number of 50% Jewelry items based on total Host Party Event sales.
c. One FREE Jewelry item (Up to $50 Retail Value) based on total Host Party Event future Host party bookings – minimum of 2 Host Party bookings apply to qualify for free item.
d. The following Host Reward Bonus Credit up to $100 in additional jewelry credit as following;
 i. $25 for having the Host Party Event on the originally–scheduled date
 ii. $25 for collecting $100 in advance orders
 iii. $25 for having 10 guests or more in attendance (18 years of age or older)
 iv. $25 for three or more Host Party Events booked by her guests

Once accrued, minimum Membership account balance is to be maintained by each Reseller & Distributor Member and is set at USD$50 per month including the monthly renewal fee of USD $9.95 for Resellers and USD$29.95 for Distributors.

Once accrued, minimum Membership account balance is to be maintained by each Importer Member and is set at USD$500 at any one time.

All reference to payments and commissions are stated in USD$ and will apply to Membership Payments, Commission Credits and Product Profits to be transferred on the dates as per item “ix and xi” above and will be based on the currency exchange rate as of that date if and where applicable.

Commission Credit Payment calculation will be based on all paid membership receipts AND all Product Profits will be processed on sales and product orders received by the close of the previous month by calendar date, usually the 30th or 31st of each month.

Commission Credit Payments and Product Profit Payments will be applied directly into the Members on–line account.

Standard postal charges, credit card transaction fees and bank transfer fees for payments to MexZotic and from MexZotic will be paid for by the Member.

Paid Members will have full access to the MexZotic web site and Member Administrative software area.

Paid Members may also be eligible for monthly specials and discounted sales tools (such as “Starter Packs”, “Party Packs” and “Business Packs”) provided at a deferred payment cost to the Member, details as per MexZotic official web site.

Any Member that is not fully paid up in advance by the due date of the 1st day of each month may not receive the benefits for the coming month, nor may any member receive the benefits of the previous month commission.

Any Member that is 30 days past due on their payment will be given a 30 day notice to remedy such breach. Any member that falls more than 2 calendar months in arrears will be terminated as a Member as per Clause 17 of these terms and conditions.

Members may also be required to pay a one–time additional annual Membership fee based on Membership Level ranging from USD$9.95 to USD$99.95 (in addition to the standard monthly/annual fee) to cover the cost of Administration, Web Site maintenance on Replicated Sites and Software Updates. This fee will normally be paid on the 1st January each year and will be for the year in advance and can be deducted from Members account where, if and when applicable.

No claims for compensation past, present or future will be considered by MexZotic for terminated membership.

Toggle
4.1.1 Retail Partner Group – Payments, Benefits & Terms

Subject to Your compliance with the terms and conditions set out in these Terms, MEXZOTIC has the following Payments, Benefits & Terms specifically for Retail Agents, Retail Partners and Retail Importers, herein referred to collectively as “Retail Group”;

Membership cost for Retail Agent is Free but will be governed by all applicable clauses contained herein and the Retail Agent Agreement in full.

Membership cost for Retail Partner is Free but will be governed by all applicable clauses contained herein and the Retail Partner Agreement in full.

Membership cost for Retail Importer is Free but will be governed by all applicable clauses contained herein and the Business Operator License Agreement in full.

Retail Group Membership Discount Structure, Product Profit and Commission Credits paid as follows;
i. The Retail Agent is equivalent to the Online Distributor Level plus additional benefits as outlined in the Retail Agent Agreement.
ii. The Retail Partner is equivalent to the Online Importer Level plus additional benefits as outlined in the Retail Agent Agreement.
iii. The Retail Importer is equivalent to the Online Importer Level plus additional benefits as outlined in the Business Licensed Operator Agreement.

Retail Group Members may also be eligible for special privileges (such as “Introductory Offers” and “Special Retail Packs”) provided at a deferred or discounted payment cost to the Member, details as per MEXZOTIC official web site.

No claims for compensation past, present or future will be considered by MEXZOTIC for terminated Retail Group Membership.

In the event of a discrepancy or conflict between the Full Terms and Conditions as set forth herein and any supplemental Agreement such as Retail Agent Agreement, Retail Partner Agreement and Business Licensed Operator Agreement, then such clause or term in question will be over-ridden to protect the best interest and integrity of Mexzotic Pty Ltd.

Toggle
4.2 Country / Territory License - General

Subject to Your compliance with the terms and conditions set out in these Terms, MexZotic hereby grants to You a personal, limited, non-exclusive (see clause 4.2.1 exception), non-transferable (see clause 4.4 exception), freely revocable license to own and operate an Online Silver Jewelry Business. The License is granted on a Country or Territory basis. In either case the Member is allowed to conduct Direct Sales & Online Internet Sales type business within the said Country or Territory AND conduct Online Internet Sales on a worldwide basis. For purpose of clarification, the Member cannot conduct Direct Sales outside of the nominated Country or Territory. Direct Sales is defined as face to face sales, Jewelry Parties, canvassing and displaying goods to Retail Outlets Etc with a view to receiving Sales Orders. The Member can import goods into their Country or Territory only, but cannot Export goods from their Country or Territory. For purpose of clarification, the Member can receive physical goods and deliver said goods to Customers within the nominated Country or Territory BUT the Member cannot ship or export the same goods outside of the nominated Country or Territory once they have been received or cleared by Customs within the said Country or Territory. For purpose of clarification, it is permissible for a Member to sell via the internet on a worldwide basis as these sales will be fulfilled and shipped by MexZotic in Mexico direct to the Customer thereby not contravening our Export Regulation which prevents receipt of goods into a nominated Country or Territory and/or being exported from said Country or Territory to a receiving Customer outside of the Country or Territory.

Toggle
4.2.1 Country / Territory License - Exclusivity

MexZotic may grant a limited, exclusive and freely revocable license to own and operate an Online Silver Jewelry Business. The Exclusive License is available at Importer Level only and is granted on a Country or Territory basis on a case by case study. If so granted, a Member is allowed to conduct Direct Sales type business within the said Country or Territory AND conduct online internet sales on a worldwide basis as per clause 4.2 above For purpose of clarification, the Exclusive License would grant the sole rights of operation to the Member and the Country or Territory. Exclusivity will only be granted when it is agreeable and beneficial to both MexZotic and the Member. An Exclusive License may contain performance criteria, minimum sales quotas and additional cost implications that would be agreed by both parties in advance to facilitate the Exclusivity being granted.

Toggle
4.3 Membership Cancellation

Your MexZotic Membership can be fully refunded within ten (10) days and including the tenth day of signing up, so long as such cancellation notice is received by midnight, US Pacific Time on the tenth (1oth) day after You signed up. Additionally You can cancel future billing at anytime by giving 30 days notice. MexZotic has Your authority to continue to charge You and bill You for periodic periods (e.g., monthly or annually) until such time as You cancel Your MexZotic Membership.

If You cancel at any time following the tenth (1oth) day You signed up You will be billed for, and will not receive a refund, for the months membership in advance. You will receive full Membership benefits up until the termination day and date of your Membership including any commission payments due to You as of the termination day and date. There is no grace period to cancel Your membership other than the ten (10) day sign up period. In order to cancel Your MexZotic Membership please email MexZotic at, with “MexZotic Cancellation” in the subject line. Include Your user name, Membership ID, and confirm in the email cancellation notice that You are the MexZotic Member applying for Membership cancellation. You will receive an acknowledgement from MexZotic within 2 business days following receipt of Your MexZotic Membership cancellation. MexZotic is not responsible for any failures to receive Your MexZotic Membership cancellation instructions.

Toggle
4.4 Membership Transfer or Sale

Your MexZotic Membership is fully transferable under strict conditions and can be sold for fair market value only with the express written permission of MexZotic. Members are free to build their Membership business and monthly income as a transferable asset and can sell that asset after a qualifying period of no less than 12 months from membership date. To ensure that the membership is sold at fair market value, MexZotic reserves the first right of refusal on all transfers and sales. The transfer or sale may not continue if the agreed sale price between Member (seller) and buyer is deemed to be below fair market value by either MexZotic or independent financial advisor. This covenant protects the rights of all members and ensures that the transfer or sale price of any MexZotic membership is optimized and maintained. An administrative fee of no greater than 10% of the total agreed sale price may be payable to MexZotic on or before the conclusion of the transfer or sale of the Membership. All transfers and sales are final and have to be endorsed and administered by MexZotic.

Toggle
4.5 Reservation of Rights

MexZotic reserves all rights not expressly granted in these Terms.

Toggle
4.6 Prevention of Unauthorized Use

MexZotic reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

Toggle
5. CONTENT LICENSE GRANT; REPRESNTATIONS AND WARRANTIES

 

Toggle
5.1 Content Disclaimer

You understand that when using the Site You will be exposed to Content from a variety of sources including but not limited to hyperlinks to other associated web sites (“Reference Sites”), emails from other members, and that MexZotic is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against MexZotic with respect thereto. MexZotic does not endorse any Content or any opinion, recommendation, or advice expressed therein, and MexZotic expressly disclaims any and all liability in connection with Content. If notified by a Member or a content owner of Content that allegedly does not conform to these Terms, MexZotic may investigate the allegation and determine in its sole discretion whether to remove the Content, which it reserves the right to do at any time and without notice. For clarity, MexZotic does not permit copyright infringing activities on the Site. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by using search engines to search for “parental control protection,” for example.

Toggle
5.1.1 Third Party Content Disclaimer

Certain information and other content that are not User Content, including Content available through MexZotic may be provided by third party licensors and suppliers to MexZotic (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on Your personal computer solely for Your personal use. You acknowledge and agree that You have no right to download, cache, reproduce, modify, display, distribute, (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless You have permission from the owner of the Third Party Content.

MexZotic disclaims all express, implied and statutory warranties and conditions with regard to third party content, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose and non–infringement.

Toggle
5.2 Email User Policy

Use of email by Members of MexZotic is permitted and encouraged where such use supports the goals and objectives of the Membership Club. However, MexZotic has a policy for the use of email whereby all Members must ensure that they:

• comply with current legislation & only use email in an acceptable way
• do not create unnecessary commercial risk to the Membership Club by their misuse of the internet

Toggle
5.2.1 Unacceptable behavior

• use of the Membership Club communications systems to set up personal businesses or send chain letters
• forwarding of Membership Club confidential messages to external locations
• distributing, disseminating or storing images, text or materials that might be considered indecent, pornographic, obscene or illegal
• distributing, disseminating or storing images, text or materials that might be considered discriminatory, offensive or abusive, in that the context is a personal attack, sexist or racist, or might be considered as harassment
• accessing copyrighted information in a way that violates the copyright
• breaking into the Membership Club’s or another organization’s system or unauthorized use of a password/mailbox
• broadcasting unsolicited personal views on social, political, religious or other non–business related matters
• transmitting unsolicited commercial or advertising material
• undertaking deliberate activities that waste staff effort or networked resources
• introducing any form of computer virus or malware into the Membership Club network

Toggle
5.2.2 Monitoring

MexZotic accepts that the use of email is a valuable business tool. However, misuse of this facility can have a negative impact upon Member productivity and the reputation of the business.

In addition, all of the Membership Club’s email resources are provided for Membership Club purposes. Therefore, the Membership Club maintains the right to examine any systems and inspect any data recorded in those systems.

In order to ensure compliance with this policy, the Membership Club also reserves the right to use monitoring software in order to check upon the use and content of emails. Such monitoring is for legitimate purposes only and will be undertaken in accordance with a procedure agreed with Membership Club Members.

Toggle
5.2.3 Sanctions

Where it is believed that a Member has failed to comply with this policy, they will face a disciplinary procedure. If the Member is found to have breached the policy, they will face a disciplinary penalty ranging from a written warning to suspension or termination of Membership. The actual penalty applied will depend on factors such as the seriousness of the breach and the Member’s disciplinary record.

Toggle
5.2.4 Agreement

All Members who have been granted the right to use MexZotic’s email services are required to abide by the acceptance of this policy.

Toggle
5.2.5 Sample Template (For Use by Members)

“This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of MexZotic. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error”.

Toggle
6. PRIVACY POLICY

This privacy policy sets out how MexZotic uses and protects any information that You give MexZotic when You use this website. MexZotic is committed to ensuring that Your privacy is protected. Should we ask You to provide certain information by which You can be identified when using this website then You can be assured that it will only be used in accordance with this privacy statement. MexZotic may change this policy from time to time by updating this Section. You should check this Section from time to time to ensure that You are happy with any changes. This policy is effective from the time and date of Your Membership.

Toggle
6.1 What we collect

We may collect the following information:
• name and title
• contact information including email address, phone number
• User name and password for login
• demographic information such as home address, postcode, preferences and interests
• Credit card information for Your monthly subscription payments
• Banking information for receipt of your commission payments (if applicable)
• other information relevant to customer surveys and/or offers

Toggle
6.2 What we do with the information we gather

We require this information for You to join as a Member and to provide You with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• Keep the credit card information on file for automated monthly billing.
• Keep the banking information on file to direct debit your commission payment each month.
• Sales and Product delivery address.
• We may periodically send promotional email about new products, special offers or other information which we think You may find interesting, using the email address which you have provided.
• From time to time, we may also use Your information to contact You for market research purposes. We may contact You by email, phone, fax or mail. We may use the information to customize the website according to Your interests or requests.

Toggle
6.3 Security

We are committed to ensuring that Your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Toggle
6.4 Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:
• whenever You are asked to fill in a form on the website, look for the box that You can click to indicate that You do not want the information to be used by anybody for direct marketing purposes
• if You have previously agreed to us using your personal information for direct marketing purposes, You may change Your mind at any time by writing to or emailing us at.

We will not sell, distribute or lease Your personal information to third parties unless we have Your permission or are required by law to do so. We may use Your personal information to send You promotional information about third parties which we think You may find interesting if You tell us that You wish this to happen. You may request details of personal information which we hold about You under the Data Protection Act 1998. A small fee will be payable. If You would like a copy of the information held on You please write to. If You believe that any information we are holding on You is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Toggle
7. PASSWORD RESTRICTED AREAS OF THIS SITE

You may be required to register for a password to log in to this Site and to use certain functions and areas within this Site. As part of the registration process, You may be asked to select a username and password. MexZotic may refuse to grant You a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by MexZotic in its sole discretion. You are responsible for maintaining the confidentiality of Your password and account, and agree to notify MexZotic if Your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under Your registered account. You agree to immediately notify MexZotic of any unauthorized use of Your account or any other breach of security in relation to this Site known to You. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your username, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify MexZotic. You may be liable for the claims against or losses incurred by MexZotic or others due to any unauthorized use of Your account.

Toggle
8. USE OF WEBSITE & SOCIAL MEDIA

 

Toggle
8.1 Website

This following list of prohibitions provides examples and is not complete or exclusive. MexZotic reserves the right to (a) terminate Your Membership, (b) terminate Your access to Your account and Your ability to access this Site for any action that MexZotic determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. MexZotic may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at MexZotic’s discretion, MexZotic will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. Such termination may continue so long as MexZotic suspects the violation in question, and MexZotic will have no liability to You for such suspension, including without limitation liability to refund any Membership fees, sales commissions or credits.

You agree not to, without limitation and where applicable:

• Use the Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Site as such services are offered by MexZotic;
• Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Use racially, ethnically, or otherwise offensive language;
• Incite illegal activity;
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
• Post /email anything that exploits children or minors or that depicts cruelty to animals;
• Post /email any copyrighted or trademarked materials without the express permission from the owner;
• Post /email any other party’s trade secrets;
• Post /email matters that by their confidential or security clearance nature may threaten international, national, state or local security;
• Post /email a third party’s social security number, credit card number, unpublished phone number, non–public email or snail mail address, medical records or information, tax records, or other confidential or personal information;
• Post /email any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
• Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
• Use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
• Remove, circumvent, disable, damage or otherwise interfere with security–related features of the Site or User Content, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site or User Content;
• Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
• Modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
• Intentionally interfere with or damage operation of the Site or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
• Relay email from a third party’s mail servers without the permission of that third party;
• Use any robot, spider, scraper or other automated means to access the Site, except for accessing RSS feeds;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• Post/email, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the MexZotic experience;
• Engage in any activity or upload commercial content that generally detracts from the MexZotic experience;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and
• Artificially inflate or alter the ratings available on this Site or alter any comments posted by others on this Site.

Toggle
8.2. Social Media - General

Social media offers the opportunity for people to gather in online communities of shared interest and create, share or consume content. Globally the interest and participation in social media is growing at phenomenal rates. This interest also extends to corporations who are recognizing that social media offers new opportunities to engage in conversations with customers and other communities with shared interests.

Mexzotic embraces social media as an important tool of corporate and business engagement. Mexzotic also encourages its Members to use social media in a personal and business capacity as a way to reach out and share information and views with friends, potential customers and other Members.

With the rapid growth and application of social media, Mexzotic recognizes the need to have a policy which ensures that Members who use social media either as part of their business, or in a personal capacity, have guidance as to the Company’s expectations where the social media engagement is about Mexzotic, its products and services, its business, its competitors and/or other business related individuals or organizations. MexZotic's 3 Rs of Social Media Engagement are therefore ‘boundaries’ designed to protect the interests of Members and the Company. In brief, the 3 Rs ask that when engaging in social media you be clear about who you are representing, you take responsibility for ensuring that any references to Mexzotic are factually correct and accurate and do not breach confidentiality requirements, and that you show respect for the individuals and communities with which you interact.

It is important to note that this policy does not apply to Members’ personal use of social media platforms where the Member makes no reference to Mexzotic related issues.

Given the rapid development and uptake of social media and its growing relevance to corporate activity, this policy will be reviewed regularly to ensure it remains relevant and applicable.

MexZotic's 3 Rs of Social Media Engagement is a Company Policy of Mexzotic and it applies to all Mexzotic Members and their Customers and to any other person who is notified that this Company Policy applies to them.

Toggle
8.3. Social media tools

Mexzotic appreciates the value in using social media to build more meaningful relationships with customers, communities and other relevant stakeholders. If you are officially approved to represent Mexzotic in social media, or if you are discussing Mexzotic or Mexzotic business related issues in your personal or business use of social media platforms, you are required to follow this Policy.

Social media tools include:
• social networking sites eg Facebook, MySpace, Google+, Pinterest, etc
• video and photo sharing websites eg Flickr, YouTube, etc
• micro-blogging sites eg Twitter
• weblogs, including corporate blogs, personal blogs or blogs hosted by traditional media publications
• forums and discussion boards such as Whirlpool, Yahoo! Groups or Google Groups
• online encyclopedias such as Wikipedia
• any other web sites that allow individual users or companies to use simple publishing tools.

Toggle
8.3.1. Mexzotic’s 3 Rs of Social Media Engagement

MexZotic's 3 Rs of Social Media Engagement are Representation, Responsibility and Respect.

MexZotic's 3 Rs apply when:
• you are authorized and approved to represent MexZotic on social media platforms and are using a social media platform for personal or business purposes. Further information is outlined throughout section 8 of this Terms and Conditions.
• you choose to make references to MexZotic, its people, products or services, and/or other business related individuals or organizations when you are using a social media platform in a personal or business capacity. Further information is outlined throughout section 8 of this Terms and Conditions.

MexZotic's Social Media Engagement Policy does not apply to personal use of social media platforms where you make no reference to MexZotic related issues.

Toggle
8.3.2. Social Media Engagement for Business Purposes

Before you can become an authorized MexZotic representative on a social media platform, you must have approval from MexZotic. This section outlines how MexZotic's 3 Rs of Social Media Engagement apply if you are authorized to represent MexZotic as part of your Membership responsibilities.

Toggle
8.3.3. Representation

You are required to:
• disclose that you are a MexZotic Member and be clear about which business you are representing and what your role and accountabilities are;
• disclose only publicly available information. You must not comment on or disclose confidential MexZotic information (such as financial information, future business performance, business plans, new products and new promotions etc). If you require clarification about what MexZotic information is in the public domain, you should refer to material such as MexZotic.com.

Toggle
8.3.4. Responsibility

You are personally responsible for the content of your posts online. In this context, you have a responsibility to ensure that: any information about MexZotic products and services that you provide is informed and factually accurate. If you wish to express your opinions please state they are your personal opinions.

if you are offering your personal perspective on a matter related to MexZotic, be mindful that your commentary and opinion does not cause damage to MexZotic , other Members or its commercial interests.
You are required to:

  • use a disclaimer to ensure that your stated views and opinions are understood to be your own and not those of MexZotic. A disclaimer is required when you:
    • refer to the Business Model and Products provided by MexZotic;
    • comment on any MexZotic-related issue;
    • provide a link to any MexZotic website.
  • use a permanent disclaimer if you are referring regularly to MexZotic or MexZotic related issues. For irregular MexZotic references, a disclaimer need only be used on a case by case basis. An example of a disclaimer is: “the views expressed in this post are mine only and do not necessarily reflect the views of MexZotic.”
  • adhere to MexZotic's Intellectual Property & Proprietary Rights Policy, Privacy Policy, Email User Policy and Copyright & Trademark Policy ;
  • reference only publicly available information such as that on MexZotic.com;
  • ensure that any content you publish is factually accurate
  • ensure you are not the first to make a MexZotic announcement unless you have received the appropriate formal clearances and approvals from MexZotic;
  • ensure you do not post material that is obscene, defamatory, threatening, harassing, discriminatory or hateful to another person or entity, including about MexZotic, its Members, its Customers, its partners, its competitors and/or other business related individuals or organizations.
  • ensure you do not disclose other people’s personal information in social media venues, and comply with the MexZotic Privacy Policy.
Toggle
8.3.5. Respect

You are required to:
• be respectful of all individuals and communities with which you interact online;
• be polite and respectful of others’ opinions, even in times of heated discussion and debate;
• adhere to the Terms and Conditions, and seek to conform to the cultural and behavioral norms, of the social media platform being used;
• respect copyright, privacy, financial disclosure and other applicable laws when publishing on social media platforms. Check with MexZotic if you are not certain about what you can reproduce or disclose on social media platforms.

Toggle
8.4. Social Media – Member Rules & Regulations

Toggle
8.4.1. Importer Rules

As a MexZotic Importer you must follow our Social Media guidelines, rules and regulations. If you are discussing MexZotic or MexZotic business related issues in your personal or business use of social media platforms, you are required to follow this Policy.

As an Importer you may;
• Create a personal or profile page
• Create a fan page or business page
• Promote MexZotic as a Membership Business and a manufacturer of fine Mexican Solid Silver Jewelry
• Use your MexZotic URL for all fan page and business page set-up and registration
• Add MexZotic as an Administrator on your fan page or business page
• Use MexZotic intellectual property such as images, pictures and logo
• Use Coupon Codes and other promotional material authorized by MexZotic
• NOT represent yourself or your business as the official MexZotic Social Media page or forum.
• NOT promote any other competing product

Toggle
8.4.2. Distributor & Reseller Rules

As a MexZotic Distributor or Reseller you must follow our Social Media guidelines, rules and regulations. If you are discussing MexZotic or MexZotic business related issues in your personal use of social media platforms, you are required to follow this Policy.

As a Distributor or Reseller you may;
• Create a personal or profile page
• Promote MexZotic as a Membership Business and a manufacturer of fine Mexican Solid Silver Jewelry
• NOT create a fan page or business page
• NOT use MexZotic intellectual property such as images, pictures and logo (without written consent)
• NOT use Coupon Codes and other promotional material authorized by MexZotic (without written consent)
• NOT represent yourself as the official MexZotic Social Media page or forum.
• NOT promote any other competing product

Toggle
8.4.3. Regulations – General

As a MexZotic Member you must strictly follow and adhere to our Social Media guidelines, rules and regulations as identified in Section 8 of the Terms and Conditions. Failure to do so will result in a Breach of this Terms and Conditions.

Toggle
9. UNAUTHORIZED ACTIVITIES

Unauthorized use of any Materials or Third Party Content contained on or available through this Site may violate certain laws and regulations. You agree to indemnify, defend and hold MexZotic and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) MexZotic or any other indemnified party suffers in relation to, arising from, or for the purpose of defending against or avoiding, any claim or demand from a third party that Your use of this Site or any person using Your user name and/or password (including without limitation, Your participation in the posting areas or, Your User Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Toggle
10. PROPRIETARY RIGHTS

MexZotic is a trademark of MexZotic in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks”) are the registered and unregistered trademarks of MexZotic, its licensors and suppliers, and others. The Trademarks owned by MexZotic, whether registered or unregistered, may not be used in connection with any product or service that is not MexZotic’s in any manner that is likely to cause confusion with customers, or in any manner that disparages MexZotic or dilutes the trademarks or MexZotic. Nothing contained on the Site or herein should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark without the express written permission of MexZotic, its licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and MexZotic may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, is the sole property of MexZotic, Copyright © 2011 MexZotic. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

Toggle
11. COPYRIGHT AND TRADEMARK INFRINGEMENTS; NOTIFICATION

MexZotic respects the intellectual property rights of others, and we require You to do the same. MexZotic may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe or are accused of infringing the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide MexZotic’s designated agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site is covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit MexZotic to locate the material.
• Information reasonably sufficient to permit MexZotic to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
• A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MexZotic’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By email:

Toggle
12. DISCLAIMER OF WARRANTIES

Your use of this site and/or the services is at your own risk. MexZotic shall not be responsible or liable for any failure of the site or service to operate, for any errors in or in connection with the site, or for any lack of access to the site or service. None of the materials, user content, or third party content have been verified or authenticated in whole or in part by MexZotic, and they may include inaccuracies or typographical or other errors. MexZotic does not warrant the accuracy or timeliness of the materials, user content or third party content contained on this site. MexZotic has no liability for any errors or omissions in the materials, user content and/or third party content, whether provided by MexZotic or our licensors. This site and MexZotic do not provide legal advice or any other kind of advice. The materials, user content and third party content on this site are for informational purposes only. The materials, user content and third party content are not intended to be a substitute for legal, financial or other professional advice. Always seek the advice of a qualified lawyer / attorney or other appropriate professional with any questions you may have regarding a legal, financial, health or other issue.

MexZotic does not recommend or endorse any specific documents, materials, user content, third party content, opinions, or other information available on or through this site.

MexZotic, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with this site, the services, any materials, user content or third party content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this site, including without limitation the materials, the third party content and the user content of other users of this site. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this site, the services, materials, third party content, user content, and any information or material contained or presented on this site is provided to you on an “as is,” “as available” and “where–is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non–infringement of third party rights. MexZotic does not provide any warranties against viruses, spyware or malware that may be installed on your computer.

The security measures used to protect user content used by MexZotic herein are used in conjunction with the user content “as–is” and with no assurances that such security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements or other circumvention of such security measures.

Toggle
13. LIMITATION OF LIABILITY AND DAMAGES

Toggle
13.1 Limitation of Liability

MexZotic shall not be liable to you for any damages resulting from Your displaying, copying, or downloading any materials, third party content or user content to or from this site. MexZotic shall not be responsible or liable for any failure of the site or service to operate, for any errors in or in connection with the site, or for any lack of access to the site or service. MexZotic may interrupt the site or service at any time to perform maintenance, to address security breaches, or for any other reason, or no reason at all, with no liability to you whatsoever in no event shall MexZotic be liable to you for any indirect, extraordinary, exemplary, punitive, special, reliance, incidental, or consequential damages (including without limitation any loss of data, revenue, profits, use or other economic advantage, any damages arising from any unsuccessful court action or legal dispute, or any other pecuniary or non–pecuniary loss or damage of any nature whatsoever) however arising, even if MexZotic knows or has been advised there is a possibility of such damage. The liabilities limited by this section) include without limitation liability for negligence.

These limitations of liability also apply with respect to damages incurred by You by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than MexZotic and received through or advertised on the site or received through any reference sites.

Toggle
13.2 Limitation of Damages

In no event will MexZotic or its Members, Affiliates, Contractors, Employees, Agents, or Third–Party Partners, Licensors, or Suppliers total liability to You for all damages, losses, and causes of action arising out of or relating to these terms, Your use of the site or Your interaction with other users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by You, if any, for accessing the site during the twelve (12) months immediately preceding the date of the claim or US one hundred dollars (USD$100), whichever is greater. The liabilities limited by this section include without limitation liability for negligence.

These limitations of damages also apply with respect to damages incurred by You by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than MexZotic and received through or advertised on the site or received through any reference sites.

Toggle
13.3 Indemnification.

You agree to indemnify, defend and hold harmless MexZotic, its officers, directors, employees, agents, licensors, manufacturers & suppliers, shippers & handlers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by You or any other person accessing the Service.

Toggle
13.4 Limitations by Applicable Law

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If You reside is such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in this terms of service apply to You to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located, if the laws of the jurisdiction where You are located apply at all.

Toggle
13.5 Basis of the Bargain

You acknowledge and agree that MexZotic has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and MexZotic, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and MexZotic. MexZotic would not be able to provide the site to You on an economically reasonable basis without these limitations.

Toggle
14. LOCAL LAW; TAX, EXPORT & IMPORT CONTROL

MexZotic controls and operates this Web Site from its headquarters in Mexico & Australia and the Jewelry Products & Materials, Web Site Content, Software, Technical Data and/or Third Party Content may not be appropriate or available for use in other locations. If You use this Web Site outside of Mexico & Australia, You are responsible for following applicable local laws.

You agree to comply with ALL local tax laws of Your residing Country, including but not limited to Sales Tax, Value Added Tax, General Service Tax and any applicable related Business Tax.

You agree to comply with all Export & Import laws and restrictions and regulations of Mexico and/or other sovereign agency and/or Your local authority, and not to Export or Import, or allow the Export or Re–Export of any Jewelry Products, Software, Technical Data or any Direct Product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the country of Your residence. The transfer, sale or resale of certain Jewelry Products, Software, Technical Data and Commodities may require local licensing or approval from a Government or Agency in Your residing Country and/or written assurances from You that You will not Export or Import such Jewelry Products, Software, Technical Data, or Commodities to or from certain foreign countries without prior approval of such agency if required. Your rights under this Terms of Service are contingent on Your compliance with this provision without exception.

Toggle
15. TERMINATION

Toggle
15.1 MEXZOTIC

MexZotic may, in its sole discretion, for any or no reason, and without penalty, terminate and/or suspend Your access to this Site without notice. MexZotic prefers to advise You of Your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by MexZotic, may result in immediate termination of Your access to this Site. If MexZotic terminates Your access to the Site, MexZotic may delete Your user profile(s) but will not be obligated to, and may delete any User Content that You have provided in connection with the Site. MexZotic has the right to terminate any password–restricted account for any reason. You will not create multiple user accounts, particularly so as to abuse the many of MexZotic policies, guidelines, or systems. If, in violation of these Terms of Service you have created multiple accounts and any single account is terminated by MexZotic then MexZotic may terminate all of Your accounts. Further, if MexZotic terminates any of Your User accounts and You have multiple accounts You will notify MexZotic of the usernames of all Your other User accounts and you will not open any new User account(s). Such termination may continue so long as MexZotic suspects the violation in question, and MexZotic will have no liability to You for such suspension, including without limitation liability to refund any annual or monthly Membership fees, product returns and or shipping fees where applicable, features or subscriptions. You agree that MexZotic will not be liable to You or any third party for any such termination.

Toggle
15.2 Non–Paid Membership Period

MexZotic may, in its sole discretion terminate any Member account that is more than 2 months in arrears without any reimbursement of earned commission or winnings during the non–paid membership period. Furthermore, once terminated any rights by the Member to any future commission or winning payments that would have been due to Member if the Member was a fully paid Member will be fully revoked. MexZotic reserves all rights and hereby lays all claims to any such commission or winnings, past present and future during the non–paid membership period or terminated period.

Toggle
15.3 Membership Re–assignment

MexZotic may, in its sole discretion reserve all rights to re–assign any Member account that is more than 2 months in arrears without any reimbursement of earned commission during the non–paid membership period. MexZotic reserves all rights to re–assign such commission during the non–paid membership period without any recourse whatsoever from the offending Member.

Toggle
15.4 Penalty

MexZotic may, in its sole discretion reserve all rights to penalize any Member account that is terminated in strict compliance with these Terms and Conditions. Such a penalty if enforced may include but not be limited to a $100 administration fee applied to the Members account and payable by the Member to MexZotic and or the outright forfeiture of any commission that may have been due to the terminated Member by MexZotic.

Toggle
15.5 You

Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of MexZotic in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate or cancel Your account and by discontinuing use of any and all parts of the Site.

Toggle
15.6 Return of Membership Products

Within fourteen days (14) notice of Your termination as a Club Member, You must if so requested to do so and at Your own expense, return all goods and products to MexZotic that remain unsold at the time of termination. This includes but is not limited to any Silver Jewelry Products, Sales Kits, Training Manuals, Catalogues, Brochures etc and any other intellectual property belonging to MexZotic. The Member will be reimbursed in full at the calculated Membership Level price paid for each item by the Member, excluding original shipping and handling charges, upon receipt of said goods at MexZotic Office. Reimbursement will be made in the form of a Company Check dispatched within seven (7) business days of said receipt of goods to the last known address or whereabouts on file for the Member.

Toggle
15.7 Service of Customers

Upon termination Your customers will automatically be re–assigned to MexZotic for future service and sale of on–going Jewelry Products. This includes but is not limited to any Reseller Members customers, any Distributor Members customers and/or appointed Resellers and/or Distributors and any Importer Members customers and/or self–appointed Resellers and/or self–appointed Distributors and/or self–appointed Importers.

Toggle
16. NON COMPETE AND INDEMINIFICATION

Toggle
16.1 Non Compete

Within fourteen days (14) notice of Your termination as a Club Member, You must agree to a non–compete period outlined as follows;
1. Resellers – For a period of not less than 3 months
2. Distributors – For a period of not less than 6 months
3. Importers – For a period of not less than 1 year
For the purpose of clarity the non–compete clause, means operating within a similar industry and or selling a similar product and or contacting former Members and Customers of MexZotic, including but not limited to former Resellers, former Distributors, former Importers, former Hosts and former Purchasing Customers etc. For purpose of clarification, the definition of “contacting” means communication via Phone, Email, Text, Fax, IM or Social Networks etc. Failure to abide by this non–compete period will allow MexZotic to recover any loss of profits or any other losses, including but not limited to damages arising out of any defamation to the business, directly from the terminated Member or their nominated beneficiary or nominee.

Toggle
16.2 Indemnification

You agree to indemnify, defend, save and hold harmless MexZotic, its parent and or affiliated companies, officers, directors, contractors, employees, agents, licensors, manufacturers & suppliers, third–party suppliers, licensors, partners, shippers & handlers and any third party information & service providers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Membership Club and Web Site, or any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. MexZotic reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend or hold harmless MexZotic, and You agree to cooperate with MexZotic’s defense of these claims. MexZotic will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

Toggle
17. MISCELLANEOUS

Toggle
17.1 Governing Law and Jurisdiction

This Agreement shall be interpreted and construed according to, and governed by, the laws of Tijuana, Baja California, Mexico, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in Tijuana, Baja California, Mexico shall have jurisdiction to hear any dispute under this Agreement. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.

Toggle
17.1.1 Dispute Resolution

In the event any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this Agreement which is not affected by the dispute.

Mediation: In the event that the parties cannot by exercise of their best efforts resolve the dispute, they shall submit the dispute to Mediation. The parties shall, without delay, continue to perform their respective obligations under this Agreement which is not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the dispute within 30 days after such notice. If those designated representatives cannot resolve the dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible executives of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within 30 days after such meeting, the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement.

Arbitration: Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with current Commercial Arbitration Rules. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.

All documents, materials, and information in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying no later than [time period] after the notice of arbitration is served.

The arbitrator(s) shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction as per Clause 17.1. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

Toggle
17.2 Waiver

MexZotic’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between You and MexZotic and supersede all prior or contemporaneous negotiations, discussions or agreements between You and MexZotic about this Site.

Toggle
17.3 Survival

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and damages and all general provisions shall survive any termination of these Terms.

Toggle
17.4 Severability

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Toggle
17.5 Assignment

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by MexZotic without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

Toggle
17.6 Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Toggle
17.7 Entire Agreement

This is the entire agreement between You and MexZotic relating to the subject matter herein and will not be modified except in writing, signed by both parties by hand, or by a change to these Terms made by MexZotic as set forth in sections 3 and 4 above.

Toggle
17.8 Claims

You and MexZotic agree that any cause of action arising out of or related to these terms or the site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Toggle
17.9 User

You expressly waive the right and agree not, to bring or participate in, any class action or joint or consolidation of claims with respect to any dispute under or relating to this Agreement, including in any arbitration.

Toggle
17.10 Complaints

In accordance with these terms and conditions all complaints must be made in written format and sent to the contact email address provided herein; mailto:

Toggle
18. INTERNET COPYRIGHT NOTICE

This website and its content is copyright of MexZotic – © MexZotic 2011. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
• you may print or download to a local hard disk extracts for your personal AND noncommercial use only
• you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
• You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any
other website or other form of electronic retrieval system.

TERMS AND CONDITIONS – SECTION TWO

MexZotic PRICING, SHIPPING & HANDLING, WARRANTY AND RETURN POLICY

Toggle
19. PRICES, SHIPPING AND HANDLING

Toggle
19.1 Prices

Prices displayed for products on our website, unless otherwise stated, represent the full suggested retail price for the aforementioned products. All prices are in USD$ subject to change without notice and supersede all previous prices made available to you. Prices do not include shipping and handling and or sales taxes where applicable.

Toggle
19.2. Acceptance of Orders

All orders are subject to approval and acceptance by MexZotic. Orders will be accepted only upon the clear understanding that the terms and conditions herein shall be wholly applicable. Receipt by You or acceptance by You of the product order from MexZotic constitutes acceptance by You of these terms and conditions.

Toggle
19.3. Shipment, Insurance, Title and Risk of Loss

All shipment and freight terms are based on shipment originating from either within the continental United States and Mexico, F.O.B. MexZotic’s warehouse. Title to the products shall pass from MexZotic to you upon delivery to the carrier. Delivery to the carrier shall constitute delivery to you. All products are shipped at your risk and you assume all risk of loss, damage or destruction upon delivery to the carrier except for insurance specifically mentioned herein. Claims against the carrier are to be filed by you. Any such loss, damage or destruction thereafter shall not relieve you of your obligations to pay the Purchase Price.

Shipments, whether domestic or International, are covered for 100% of the merchandise and the insurance fee is covered within the shipping costs. In case of an act of God and loss of the merchandise, the insurance fee is discounted from the total, and only 80% of the declared value for the merchandise will be recovered.

Toggle
19.3.1 Shipment Packaging

The packing, whether we are dealing with a domestic or international shipment is done with strong cardboard boxes. We pack each jewelry piece in a plastic bag, and when there is more than one of the same item we also pack all of them together inside another plastic bag. Each bag has a reference number to the Invoice, as well as details such as weight, total number of pieces, item code and price per gram or per piece.

For international shipments we stick the shipping bag to the box, which contains the originals of all documents (invoice, origin certificate), as well as another bag with the copies of the documents along with the airway bill of the delivery company being used.

Toggle
19.3.2 Shipping within the Continental US

Most orders are shipped US Post, DHL, UPS or FEDEX from our distribution center in Taxco. Your order should be processed and dispatched from our warehouse in line with our S&H Time Frame policy as outlined in clause 19.3.7. Please allow 14-28 days for Mexzotic / Mystique / Mexicana / Modelo Collections and 3-6 business days for Fashion Collection delivery thereafter. Please note: we are prohibited from shipping to post office boxes

Toggle
19.3.3 Shipping Outside of the Continental US

Different charges apply for shipments to Alaska, Hawaii, Puerto–Rico, Virgin Islands, US territories and APO/FPO boxes. Allow 3–7 additional business days for shipping to Alaska, Hawaii and Puerto Rico. Allow 3–7 business days for delivery to Virgin Islands, US territories and APO/FPO boxes. Please note: we are prohibited from shipping to post office boxes.

Toggle
19.3.4 International shipping

International shipping is done by International Postal Service, DHL, UPS or FEDEX with charge to the customer and according to the fees. There is an additional fee when the customer requests that the merchandise is packed in a wooden box, as the costs of these boxes range from $8.00 to $20.00 USD depending on their size. All boxes are shipped with their commercial Invoice as well as origin certificate. Allow 14–28 business days for Mexzotic / Mystique / Mexicana / Modelo Collections delivery to foreign countries.

Shipments will arrive directly to your nominated shipping address, unless there are restrictions in the Country of destiny. Any Import fees or disbursements required in order to get the shipment through customs will be paid entirely by the customer. Please note: we are prohibited from shipping to post office boxes.

Toggle
19.3.5 Holiday Shipping Schedule

To ensure timely delivery, please place your order one week prior to any national holiday.

Toggle
19.3.6 Shipping and Handling Charges – (Guide Only)

North America:

Local Mexico & USA Orders up to $249.99 – Shipping & Handling Cost $14.95
Local Mexico & USA Orders $250.00 to $500.00 – Shipping & Handling Cost $24.95
Local Mexico & USA Orders over $500.00 – Shipping & Handling Cost $34.95

Outside Continental USA (Hawaii, Alaska, Puerto Rico, Dominican Republic Etc):

Outside Continental USA Orders up to $249.99 – Shipping & Handling Cost $19.95
Outside Continental USA Orders $250.00 to $500.00 – Shipping & Handling Cost $29.95
Outside Continental USA Orders over $500.00 – Shipping & Handling Cost $39.95

Standard International Orders Outside USA:

Order value up to $100 – Shipping & Handling Cost $19.95
Orders $101.00 to $250.00 – Shipping & Handling Cost $24.95
Orders $251.00 to $500.00 – Shipping & Handling Cost $29.95
Orders $501.00 to $1000.00 – Shipping & Handling Cost $44.95
Orders $1001.00 to $2000.00 – Shipping & Handling Cost $59.95

Express International Orders Outside USA:

Order value up to $100 – Shipping & Handling Cost $39.95
Orders $101.00 to $250.00 – Shipping & Handling Cost $39.95
Orders $251.00 to $500.00 – Shipping & Handling Cost $49.95
Orders $501.00 to $1000.00 – Shipping & Handling Cost $64.95
Orders $1001.00 to $2000.00 – Shipping & Handling Cost $89.95

Above pricing is a guide only and may be subject to change without notice. Prices are based on a single order delivered to a single address and include insurance as mentioned herein. As a guide, all Shipping & Handling costs are usually paid by the final recipient of the goods. Shipping & Handling Charges are based on final Member Discount Pricing and NOT RRP. The delivery time frame is calculated from the point of dispatch.

Large orders or repeat orders may attract FREE Shipping & Handling, contact for more information.

Toggle
19.3.7 Shipping and Handling Time Frames – (Guide Only)

Fashion Collection (Standard Freight):

Shipped within 1 – 3 Days of Order / Delivery Time 14 – 28 Days*

Fashion Collection (Express Freight):

Shipped within 1 – 3 Days of Order / Delivery Time 3 – 6 Days*

Mexzotic / Mystique / Mexicana / Modelo Collections (Standard Freight):

Shipped within 7 – 10 days of Order / Delivery Time 7 – 10 Days*

Mexzotic / Mystique / Mexicana / Modelo Collections (Express Freight):

Shipped within 7 – 10 days of Order / Delivery Time 1 – 3 Days*

*Excludes any items that are out of stock, discontinued or items on back order.

Mixed orders of Fashion Collection and any other Collection:

As per Fashion Collection, this clause.

Toggle
19.4. Limited Lifetime Warranty for Products and Parts

1. MexZotic offers a Limited Lifetime Warranty on all of its products or parts and guarantees them to be free from manufacturing defects under normal use and service for life from date of purchase. This warranty is extended only to the ORIGINAL PURCHASER.

2. MexZotic’s obligations under this warranty are limited to repair or replacement, at MexZotic’s option, of products or parts found to be defective, provided that such products were properly used in accordance with instructions. MexZotic reserves the right to make such inspections as may be necessary in order to determine the cause of the defect. MexZotic is not responsible for the cost of return and/or refund of products or parts.

3. This warranty does not apply to the following items:
a. Damage or loss sustained in a natural calamity such as fire, earthquake, flood, thunder electrical storm, etc.
b. Damage or loss resulting from any unreasonable use, misuse, abuse, negligence, or improper maintenance of the product.
c. Damage or loss resulting from improper repair, or modification of the product.
d. Damage or loss resulting from incorrect wear and tear and/or hazardous environment.

4. This warranty gives BUYER specific legal rights. BUYER may have other rights which vary from state to state and country to country.

5. To obtain warranty repair service under this warranty BUYER must take the product or deliver it prepaid to a MexZotic Member or Agent OR deliver directly to MexZotic at the shipping address below stating the exact reason for repair or return. This written warranty is the only warranty made by MexZotic. Repair or replacement as provided under this warranty shall be the exclusive remedy available to the purchaser. MexZotic shall not be responsible for loss of the product or for other incidental, special or consequential damages or expenses incurred by the purchaser, or for labor or other costs due to installation or removal, or costs of repairs by others, or for any other expense not specifically stated above. Except to the extent prohibited by applicable law, any implied warranties, including that of merchantability or fitness for use, are expressly limited to the duration of this warranty. Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to BUYER.

Warning! MexZotic shall not be responsible or liable for any failure of or damage to, this jewelry product or product component caused by misuse.

This warranty constitutes MexZotic’s sole and exclusive liability hereunder and buyer’s sole and exclusive remedy for defective or nonconforming products and is in lieu of all other warranties, expressed, implied or statutory including but not limited to the implied warranties or merchantability and fitness for a particular purpose. Repair, replacement or other appropriate adjustment as provided under this warranty shall be the exclusive remedy available to the original purchaser. MexZotic shall not be responsible for loss of the product or for other incidental, special or consequential damages or expenses incurred by the original purchaser, or for labor or other costs due to misuse, or costs of repairs by others, or for any other expense not specifically stated above. In no event will MexZotic’s responsibility exceed the purchase price of the product. Except to the extent prohibited by applicable law, any implied warranties, including that of merchantability or fitness for use or for a particular purpose, are expressly disclaimed.

Some Countries, Territories, States and Provinces do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to BUYER.

Toggle
19.5. Return Policy:

At MexZotic our goal is to ensure you are completely satisfied with your purchase. If you are dissatisfied with your purchase, you can return the purchased item to MexZotic provided that your return meets all of the requirements below. We will gladly issue credit for the full amount of the original purchase price and taxes if applicable, excluding Shipping and Handling Charges. Please make sure your return meets all of the following requirements.
a. Complete the Return Form included in the shipment and the form must be included in your return shipment to MexZotic.
b. All returns need to be shipped to: MexZotic as per Address in Clause 19.6 below. .
c. Your purchased item(s) is returned to MexZotic within fourteen (14) calendar days of delivery. After fourteen (14) calendar days of delivery, no returns or exchanges are allowed.
d. Claims for damaged and/or missing item(s) must be received by Mexotic within two (2) business days of delivery by electronic email to Customer Service Department at. MexZotic will provide instructions on how to return item(s). Shipping and Handling charges will be credited for the original shipment.
e. All returned item(s) must arrive back to MexZotic unused, in the original packaging as shipped by MexZotic, and in resalable condition. If the item(s) can not be sold as new, MexZotic will charge a restocking fee of 25% of the full amount of the original purchase price.
f. Except for defects or wrong products shipped by MexZotic, any expenses for shipping and handling to return item(s) is the responsibility of the customer. MexZotic will not accept COD or freight collect shipments made by the customer.
g. Unless all of the above six (6) requirements are met, MexZotic reserves the right to refuse any return.
h. Please allow up to thirty (30) calendar days for MexZotic to process the refund from the time MexZotic receives the item returned by customer. i. MexZotic will issue the credit to the same credit card account used as payment of the original purchase. Adjustments to your credit card account should appear within two (2) billing cycles.

If customer’s valid email address is provided at the time of original order placement, MexZotic will send an email acknowledging receipt of the returned item(s) at MexZotic and details of the credits being processed.

IMPORTANT: All shipments are to be paid for in advance by the Member or Buyer and are wholly the responsibility of the Member or Buyer once shipped.

Toggle
19.6. Return Address:

Address for US Mail for Sending and Receiving (Returns):

Mexzotic, c/o Harry Robinson
P.O. Box 439016
PMB# H-311
San Ysidro, CA, USA 92143