Disclaimer

THIS SITE (DESIRE LINGERIE U.S.A.) AND ALL MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DESIRE U.S.A. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DESIRE U.S.A. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

DESIRE U.S.A. MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND DESIRE U.S.A. DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

Limitation of Liability

DESIRE U.S.A. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECT WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF DESIRE U.S.A., AN AFFILIATE OF DESIRE U.S.A., OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DESIRE U.S.A. ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO DESIRE U.S.A., IF ANY, FOR ACCESSING THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

If you are accessing the Site in the course of a business, you agree to indemnify us and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.

Applicable Laws

Desire U.S.A. controls and operates this Site from its corporate office in North Monmouth, Maine. Desire U.S.A. makes no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Your use of this Site and these terms shall be governed by and construed and enforced in accordance with the laws of the State of Ohio, one of the United States of America, without reference to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of Ohio for resolution of all disputes arising from, concerning, or related to these Terms of Use or your use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use.

Trademarks

The trademarks, service marks and logos used and displayed on this Site are registered and unregistered trademarks of Desire U.S.A., unless otherwise noted, and they may not be used in connection with any product or service that is not Desire U.S.A.’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Desire U.S.A.. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site.

Linking

Links to third-party web sites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use these links, you will leave this Site. Desire U.S.A. has not reviewed all third party sites and does not control and is not responsible for any of these sites or their content. Desire U.S.A. does not endorse or make any representations about such sites, or any information or materials found there, or any results that may be obtained from using them. If you access any third party sites linked to this Site, you do so at your own risk.

If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:

You do not remove, distort or otherwise alter the size or appearance of the Desire U.S.A. logo or any other Desire U.S.A. trademark or service mark

You do not create a frame or any other browser or border environment around this Site

You do not in any way imply that Desire U.S.A. is endorsing any products or services other than its own

You do not misrepresent your relationship with Desire U.S.A. nor present any other false information about Desire U.S.A.

You do not otherwise use any Desire U.S.A. trademarks displayed on this Site without express written permission from Desire U.S.A.

You do not link from a website that is not owned by you

Your website does not contain content that is pornographic, offensive, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations

Desire U.S.A. expressly reserves the right to revoke the right granted in this section for breach of these linking terms and to take any action it deems appropriate. You shall fully indemnify Desire U.S.A. for any loss or damage suffered by Desire U.S.A. for breach of these linking terms.

User Transmissions

Any material, information, idea or other communication you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Desire U.S.A. and/or its designees for any purpose whatsoever free and clear of any claim of ownership from any parties that have used this Site including, but not limited to developing and manufacturing products, publications for business gain, or any other use deemed appropriate by Desire U.S.A. (“Communications”). Furthermore, and without limitation, Desire U.S.A. will have exclusive ownership of all present and future existing rights to the Communication of every kind and nature everywhere. Desire U.S.A. will be entitled to use the Communication for any commercial or other purpose whatsoever without compensation to you or any other person sending the Communication. You acknowledge that you are responsible for whatever material you submit, and that you, not Desire U.S.A., have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Desire U.S.A. will have no obligations with respect to the Communications. Desire U.S.A. and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Revisions and Modifications

Desire U.S.A. may revise these Terms of Use at any time. By using this Site, you agree to be bound by any such revisions. Accordingly, you should periodically visit this page to determine the current Terms of Use to which you are bound. Certain Terms of Use may be modified and superseded by expressly designated legal notices or terms located on particular pages on this Site.

Desire U.S.A. may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Desire U.S.A. may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Desire U.S.A. may terminate the authorization, rights and license given to you, as provided herein, at any time.

General Terms

These Terms of Use, Desire U.S.A.’s Privacy Policy, and any terms of sale constitute the entire agreement between you and Desire U.S.A. with respect to this Site. No modification to this agreement shall be effective unless it is executed by Desire U.S.A.. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement or any notice given by Desire U.S.A. in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Desire U.S.A. in printed form.