Last Updated: May 26, 2025

Welcome to Desert Jaymes! These Terms & Conditions (“Terms”) govern your access to and use of the Desert Jaymes website, any related mobile applications, and your purchase of products from us (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, do not use the Service.

1. General Conditions

• Eligibility: By using the Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
• Accuracy of Information: We strive to ensure that the information on our website is accurate, complete, and current. However, we do not warrant that product descriptions, pricing, or other content on the Service are error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
• Modifications to the Service and Prices: Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
• Prohibited Uses: You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

2. Product Information & Orders

• Product Availability: All products are subject to availability. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
• Colors & Sizing: We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. Sizing charts, if provided, are for general guidance. Actual fit may vary.
• Order Acceptance: Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. If we cancel an order after you have been charged, we will issue a credit to your original method of payment.
• Pricing Errors: In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
• Promotions & Discounts: Promotions and discounts are subject to specific terms and conditions and may be withdrawn at any time.

3. Shipping & Delivery

• Shipping Methods & Costs: Shipping methods, estimated delivery times, and costs will be presented at checkout. These may vary based on your location and the shipping option you select.
• Delivery Delays: While we strive for timely delivery, we are not responsible for delays caused by shipping carriers, unforeseen circumstances, or events beyond our control.
• Risk of Loss: The risk of loss and title for all products purchased from Desert Jaymes pass to you upon our delivery to the shipping carrier.

4. Returns & Exchanges

• Please refer to our separate Return Policy page for detailed information on returns, exchanges, eligibility criteria, and the process for submitting a return or exchange request. This policy is incorporated into these Terms by reference.

5. Intellectual Property

• All content on the Desert Jaymes website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Desert Jaymes or its content suppliers and protected by United States and international copyright laws.
• The Desert Jaymes name and logo are trademarks of Desert Jaymes. You may not use these without our prior written permission.

6. User Comments, Feedback & Other Submissions

• If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
• We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
• You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

7. Third-Party Links

• Certain content, products and services available via our Service may include materials from third-parties.
• Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
• We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8. Disclaimer of Warranties; Limitation of Liability

• We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
• We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
• You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
• You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• In no case shall Desert Jaymes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification

• You agree to indemnify, defend and hold harmless Desert Jaymes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

10. Severability

• In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

11. Termination

• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
• These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.
• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

12. Entire Agreement

• The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
• Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

13. Governing Law

• These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Mississippi, United States.

14. Changes to Terms & Conditions

• You can review the most current version of the Terms at any time at this page.
• We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

15. Contact Information

• Questions about the Terms & Conditions should be sent to us at desertjayme@outlook.com or 662-462-3117

Important Notes for Desert Jaymes:

• desertjayme@outlook.com and 662-462-3117: Replace these placeholders with your actual contact information.
• Return Policy: Make sure you have a clear and detailed Return Policy page on your website, as it’s referenced in these Terms.
• Privacy Policy: You absolutely need a separate, comprehensive Privacy Policy that explains how you collect, use, store, and protect customer data. These Terms refer to it.
• Local Laws: This template is generalized. Laws regarding online sales, consumer rights, and data privacy vary by state and country. Consult with a legal professional to ensure full compliance with all applicable laws in Holly Springs, Mississippi, and any other relevant jurisdictions where you operate or sell.

Accessibility: Consider adding a statement about website accessibility if you have taken measures to ensure it.