Terms + Conditions

TERMS AND CONDITIONS

This website is operated by Luxeire LLC (“Luxeire,” “we,” “us,” or “our”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the website and Luxeire’s services, applications, content and products (collectively, the “Site”).

Please read these Terms carefully before accessing or using our Site because your use of the Site, or your purchase of any products or services from us, constitutes your agreement to be bound by these Terms, including those additional terms and conditions and policies that may apply to your purchase of any Luxeire products or services (i.e., order processing, shipping and handling, returns, and exchanges) and any other terms and conditions and policies referenced to herein and/or available by hyperlink, each of which is incorporated herein. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use any of the services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. Luxeire provides you with access to and use of the Site subject to your compliance with the Terms.

SECTION 1 – ACCESS TO THE SITE

We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, any information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

In order to access some of the services made available on the Site, or to post content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Information”). You will have the ability to maintain and periodically update your Registration Information as you see fit. By registering, you agree that all information provided by you as Registration Information is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Your Registration Information is governed by our Privacy Policy, which is incorporated herein.

You acknowledge that you are responsible for maintaining the confidentiality of all accounts, and any content uploaded by you. Do not share any passwords or other account access information with any other party, or do anything else that might jeopardize the security of any account. You are responsible for all uses of accounts and Luxeire passwords, whether or not authorized by you. You agree to immediately notify Luxeire of any unauthorized use of Luxeire account or passwords. Luxeire cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

SECTION 2 – USE OF THE SITE

  1. Permitted Use. The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. 
  2. User Restrictions. By agreeing to these Terms, 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.
  3. Prohibited Uses. You agree not to make any unauthorized use of the Site. You must respect the rights and integrity of others. In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site, or its content: (a) for any unlawful or unauthorized 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 Site or the services made available thereby, 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; or (j) for any obscene or immoral purpose. We reserve the right to terminate your use of the Site or the services made available thereby or any related website for violating any of these prohibited uses.

Violations of system or network security may result in civil or criminal liability. Luxeire investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a Luxeire server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; or (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.

SECTION 3 – PRODUCTS OR SERVICES

  1. Limits on Purchases. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy on a case-by-case basis. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of Luxeire merchandise, including, but not limited to, all purchases made at any trunk shows, sample sales, warehouse sales and through our website. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction.
  2. Product and Pricing Information. Although we have made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the monitor of the user, and Luxeire cannot guarantee that the user’s monitor will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change at any time. We are not responsible for typographical errors regarding price, product description, promotions, offers, product shipping charges, availability or any other matter. We do not warrant the accuracy of customer product ratings, comments or feedback. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Site will be corrected. We reserve the right to correct any errors, inaccuracies or omissions - including after an order has been submitted - and to change, update, or remove any contents, links, or resources provided on our Site at any time, and for any reason, without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or services provided on the Site.

SECTION 4 – PAYMENT TERMS/RISK OF LOSS

If you choose to purchase one or more of our products provided on our Site, you agree to pay all fees associated with the products. LUXEIRE ACCEPTS THE FOLLOWING PAYMENT METHODS: Visa, MasterCard, American Express, and PayPal. We also accept authorized Luxeire Gift Cards.

  1. Sales Tax. Applicable sales tax will be charged on total merchandise, including shipping & handling fees, where required by applicable law.
  2. Charging Your Credit Card. After you place an order on our website you will need to remit payment for the goods or services you have ordered. Orders are subject to verification and acceptance before shipping. We are not responsible for typographical errors. In order to process your payment we use a third party payment processor (Shopify Payments). Shopify Payments collects, uses and processes your information, including payment information, in accordance with its privacy policies. Use of any personal data, including credit card information that you provide via the Site is governed by our Privacy Policy. To view our Privacy Policy, please click here.
  3. Multiple Shipments. If your order is sent in multiple shipments (either to the same destination or to different destinations), your credit card will be charged separately for each shipment.
  4. Risk of Loss. The risk of loss and title for any products purchased through the Site pass to you upon delivery to the shipping address you provided to us.

SECTION 5 – THIRD PARTY LINKS AND PRODUCTS

We reserve the right to provide add-ons, applications, integrations, software, code, online services, systems, and other products not developed by us (“Third Party Product”) to you in connection with the Site. Luxeire does not provide or make any representation as to the quality or nature of any Third Party Product or any other third party content or communications that may appear on this Site, may be accessible via links from this Site, or any communications directed to you from any third party directly or indirectly in connection with this Site (collectively with “Third Party Product, the “Third Party Content”). Luxeire disclaims all responsibility and liability for Third Party Content, or any actions you may take or refrain from taking as a result of any Third Party Content. Luxiere is not responsible in any way for Third Party Content access to the Site or their modification, deletion, disclosure or collection of your User Submitted Content, defined below, and is not responsible for any User Submitted Content once it is transmitted, copied or removed from the Site.

Any use by you of Third Product Content offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the Third Party Content is provided by the relevant third-party provider(s). Luxeire assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Content. Luxeire shall not be responsible, and assumes no liability, for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any Third Party Content appearing on this Site or elsewhere. You understand that the information and opinions in the Third Party Content is neither endorsed by, nor does it reflect the belief or opinion of, Luxeire.

Access to Third Party Content may involve communications and transactions with third parties. All such communications and transactions may be subject to additional and different terms and conditions. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including, without limitation, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. You agree that Luxeire shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

SECTION 6 – PROPRIETARY INFORMATION

  1. Luxeire Intellectual Property. All content, software and functionality on the Site and other materials uploaded, downloaded or appearing on the Site by us, including text, graphics, logos, designs, photos, button icons, images, digital downloads, data compilations, and software and the selection and arrangement thereof (the “Luxeire Content”) and the trademarks, service marks, designs, and logos (collectively, the “Trademarks”) are the exclusive property of Luxeire or its licensors and are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the Luxeire name or any of the Trademarks, logos, domain names, and other distinctive brand features or any confusingly similar Trademarks without prior written consent.
  2. Restrictions on Use. You must respect Luxeire’s ownership of the Luxeire Content and Trademarks. You agree that you will not: (a) change or delete any proprietary notices from materials printed or downloaded from the Site; (b) refer to or attribute any information to Luxeire or its licensors in any public medium (e.g., press release, websites, social medium) for advertising or promotion purposes, or for the purpose of informing or influencing any third party; (c) use or reproduce any Trademark of, or imply any endorsement by or relationship with, Luxeire or its licensors; (d) modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under a valid and written open source license agreement, or we give you express written permission signed by an executive of Luxeire; (e) copy or adapt the HTML code used to generate web pages on the Site; (f) use or attempt to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any services provided on the Site other than the search engine and search agents available from Luxeire on the Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); or (g) aggregate, copy or duplicate in any manner any of the Luxeire Content. Use, reproduction, modification, distribution or storage of any Luxeire Content or User Submitted Content, as defined below, for other than purposes of using the Site is expressly prohibited without prior written permission from Luxeire. You shall not sell, license, rent, or otherwise use or exploit any Luxeire Content or User Submitted Content, as defined below, for commercial use unless we provide our advance written consent signed by an executive of Luxeire. You shall not sell, license, rent, or otherwise use or exploit any Luxeire Content or User Submitted Content, as defined below, in any way that violates any third party right.
  3. Site Intellectual Property Protection. The Site is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. You agree to comply with all reasonable requests from Luxeire or its suppliers and licensors of content, equipment, or otherwise to protect their and others’ contractual, statutory, and common law rights in the Site. You agree to notify Luxeire in writing promptly upon becoming aware of any unauthorized access or use of the Site by any individual or entity or of any claim that the Site infringes upon any copyright, trademark, or other contractual, statutory, common law or equitable rights.

SECTION 7 – USER SUBMITTED CONTENT AND MATERIAL

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest (collectively “User Submitted Content”) shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Submitted Content, you grant to Luxeire a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid-up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use or otherwise exploit all or any portion of the User Submitted Content, as well as your name, persona and likeness included in any User Submitted Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Submitted Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Submitted Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Submitted Content. Luxeire will be free to use any ideas, concepts, know-how or techniques contained in such User Submitted Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Luxeire shall have no obligation to monitor User Submitted Content, use or display User Submitted Content, compensate you for submitting User Submitted Content or respond to any User Submitted Content. Luxeire retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Submitted Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Submitted Content.

By submitting or posting User Submitted Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Submitted Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Submitted Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Submitted Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Submitted Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. You are solely responsible for the User Submitted Content and you hereby agree to indemnify and hold Luxeire and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Luxeire does not guarantee the truthfulness, accuracy or reliability of any User Submitted Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Submitted Content you fully and unconditionally release and forever discharge Luxeire and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Luxeire or you of the User Submitted Content, including, without limitation, any and all claims that use of the User Submitted Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Luxeire has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Submitted Content. Luxeire acts as a passive conduit for User Submitted Content and has no obligation to screen or monitor User Submitted Content. If Luxeire becomes aware of any User Submitted Content that allegedly may not conform to these Terms, Luxeire may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Luxeire has no liability or responsibility to users for performance or nonperformance of such activities.

LUXEIRE HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER SUBMITTED CONTENT WITHIN ITS CONTROL THAT IT DEEMS, IN ITS SOLE AND ABSOLUTE DISCRETION, OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST LUXEIRE FOR SUCH REMOVAL AND/OR DELETION. LUXEIRE IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.

SECTION 8 - PERSONAL INFORMATION/PRIVACY POLICY

Our use of any personally identifiable information (PII) you provide via the Site is governed by our Privacy Policy. To view our Privacy Policy, please click here.

SECTION 9 – COPYRIGHT COMPLAINTS

If you believe that your intellectual property right is infringed by any content on the Site, please promptly send to Luxeire a written statement that contains: (a) identification and description of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification and description of the allegedly infringing material on the Site; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Luxeire will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)).

Designated DCMA Agent for Notification of Claimed Intellectual Property Infringement

NAME:

ADDRESS:

EMAIL:

PHONE:

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The material on this Site is provided for general information only and it is provided by Luxeire as a convenience to its visitors. We are not responsible if information made available on this Site is not accurate, complete or current, and we do not guarantee, represent or warrant that your use will be uninterrupted, timely, secure or error-free. We reserve the right to make corrections and changes to the Site at any time without notice. The products and service described on the Site may not be available in your region. We do not claim that the information on the Site is appropriate to your jurisdiction or that the products and services described on the Site will be available for purchase in all jurisdictions.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. THE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS MARKETED, PROMOTED, ADVERTISED OR SOLD BY LUXEIRE OR PRODUCTS AND SERVICES VIEWED OR DELIVERED THROUGH THE SITE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. LUXEIRE DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE PRODUCTS MARKETED, PROMOTED, ADVERTISED OR SOLD BY LUXEIRE AND ALL INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, EACH OF WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LUXIERE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUXEIRE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. LUXEIRE MAKES NO WARRANTY THAT PRODUCTS MARKETED, PROMOTED, ADVERTISED OR SOLD BY THE COMPANY OR THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH ANY PRODUCT PURCHASED, YOUR SOLE REMEDY IS THE RETURN OR EXCHANGE OF THAT PRODUCT IN ACCORDANCE WITH OUR RETURN AND EXCHANGE POLICY, WHICH CAN BE REVIEWED HERE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LUXEIRE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

 

In no case shall Luxeire, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable TO YOU 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 OR INABILITY TO USE any of THE SITE or any products MARKETED, PROMOTED, ADVERTISED OR SOLD BY THE COMPANY, or for any other claim related in any way to your use of the site or any product OR SERVICES MADE AVAILABLE THEREBY, 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 site or any content (or product) posted, transmitted, or otherwise made available via the site or services made available thereby, 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.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Luxeire, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, due to or arising out of your use of the Site, your breach of these Terms, or the posting or transmission of any materials on or through the Site by you, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, including but not limited to any third-party proprietary rights.

SECTION 12 – 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.

SECTION 13 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination of the Terms shall survive termination of this agreement. 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 and deny you access to the Site at any time, immediately and without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 14 - 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 Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, 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.

SECTION 15 - GOVERNING LAW/DISPUTES

You agree that the Terms and any Dispute, defined below, will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Luxeire is the owner of this Site and is based in the state of New Jersey in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

SECTION 16 – LEGAL NOTICE FOR NEW JERSEY RESIDENTS

Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers that include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by state or federal law. These Terms are intended to comply with the TCCWNA. In the event of a conflict between these Terms and the TCCWNA, the provisions of the TCCWNA take precedence and will control. The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey. THE FOLLOWING PROVISIONS OF THE TERMS ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS: (i) the disclaimer of liability for any loss or damage to the extent we were negligent or breached our obligation to you and the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind and the limitation of liability for lost profits, damage, loss or injury, (ii) the application of the limitations of liability to the recovery of damages that arise under contract, tort or any other theory; and (iii) the requirement that you indemnify us.

SECTION 17 – ARBITRATION/ WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS

ANY DISPUTE, ACTION, CAUSE OF ACTION, ISSUE, REQUEST FOR RELIEF OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH LUXEIRE (INCLUDING CLAIMS RELATING TO LUXIERE’S ADVERTISEMENTS AND DISCLOSURES, EMAIL OR USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH CONFIDENTIAL, BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.

ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (‘AAA’) AND PURSUANT TO THE THEN APPLICABLE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. THIS SECTION WILL SURVIVE AFTER THE TERMS OF USE TERMINATE OR YOUR USE OF THE SITE ENDS. The arbitration shall take place in New York, New York. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.

Notwithstanding the above, if you have in any manner violated or threatened to violate any Luxeire intellectual property right, we may bring suit in any state or federal court in New York. You consent to exclusive jurisdiction and venue in these courts.

You and Luxeire agree that any Dispute resolution proceedings will be conducted only on an individual basis and in so doing you and Luxeire hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If this class action waiver is found to be void or unenforceable, the Dispute shall be resolved in state or federal court rather than in arbitration.  You further agree that in any action you initiate, any relief you seek will be confined to relief on your own behalf. This section will survive after the Terms terminate or your use of the Site ends.

FOR NEW JERSEY RESIDENTS OR OTHER PERSONS ACCESSING THIS SITE FROM NEW JERSEY: You agree that all Disputes arising from your account, your use of the Sites, and your personal information or User Submitted Content, or any other personal rights contained therein shall be decided solely by an arbitrator, pursuant to the Consumer Arbitration Rules of the American Arbitration Association. By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes. Furthermore, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE TO LUXEIRE.

SECTION 18 - CHANGES TO TERMS

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 Site and the services made available thereby following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms should be sent to us at support@luxeire.com.

 

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