Terms of Service
Effective Date of Terms: 11/11/2020
1. GENERAL; AGREEMENT TO TERMS; USERS
These Terms and Conditions of Use (“Terms”) are entered into by and between you and Luxinea Group, LLC, a New Jersey corporation (“Luxinea”, “we” or “our”). In consideration of your use of and access to this Website (the “Site”), and the promises and obligations herein, and intending to be legally bound, you and Luxinea hereby agree as follows:
Among other things, this Site provides general information concerning various products and services, and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by Luxinea in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
2. CHANGES IN TERMS
Luxinea shall have the right, in its sole discretion, at any time and without prior notice, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. The date of the last revision of the Terms will appear at the top of these Terms. You are responsible for reviewing the Site periodically for any modification to these Terms. You agree that you shall be deemed to be apprised of and bound by any revisions or additions by Luxinea to the Terms. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGES TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS, WHETHER OR NOT YOU ACTUALLY REVIEWED THEM. No modification to these Terms by any party other than Luxinea shall be valid or enforceable against Luxinea unless expressly agreed to by Luxinea in writing signed by a duly authorized officer of Luxinea.
3. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
You are responsible for making all arrangements necessary for you to have access to the Site, and to ensure that all persons who access the Site through your internet connection are aware of these Terms.
These Terms are effective until terminated by Luxinea. We may terminate these Terms without notice and at any time in connection with any features of the Site. In the event of termination, you are no longer authorized to access those features of the Site, and the restrictions imposed on you with respect to the content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Luxinea shall have the right without notice and at any time to terminate some or any of the features of the Site or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the Site or any feature or portion thereof.
5. COMPLIANCE WITH LAWS
You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of products or services through them.
You must be at least 13 years old to use the Site. If you are under 18, you may only use the Site with the permission and involvement of a parent or guardian.
6. CONTENT; INTELLECTUAL PROPERTY
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Luxinea on or through the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. Luxinea may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Luxinea in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Luxinea or by third parties that have licensed their use to Luxinea. You may view and use the Content only for your personal information and for shopping and ordering on or through the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Luxinea does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Luxinea, is strictly prohibited.
7. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide written notice to Luxinea. Your notice should include the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site, including the product number, if applicable;
- Your address, telephone number, facsimile number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
- A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The notice of claims of copyright or other intellectual property infringement should be sent to Luxinea through the methods below:
By email: support@Luxinea.com or
By Mail: Attn: [IP Claims] Luxinea Group LLC, 19 High Street Lakewood, NEW JERSEY UNITED STATES 08701
8. USER CONDUCT
You may only use the Site for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate Luxinea, a Luxinea employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Luxinea or users of the Site or expose them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site.
9. PRICES DISPLAYED; ORDER
All prices displayed on the Site are quoted in U.S. dollars. Luxinea reserves the right to discontinue or change specifications and prices on products and services offered through the Site without prior notice and without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the Site do not imply endorsement of that product or service, or constitute a warranty, by Luxinea.
Your receipt of an order confirmation from either Luxinea or a third party payment processing service such as PayPal, Amazon Pay, or Apple Pay, does not constitute Luxinea's acceptance of an order. Luxinea reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation, for any reason. Luxinea reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Luxinea shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card or other payment method has been charged. If your credit card or other payment method has already been charged for the purchase and your order is canceled, Luxinea shall promptly issue a credit to your credit card account or other payment method in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by Luxinea or one of Luxinea’s vendor partners pass to you upon delivery to the carrier for shipment.
Luxinea may restrict delivery to addresses within the United States, and we are unable to ship to P.O. or A.P.O. boxes. Luxinea will add shipping and handling fees and applicable sales/use tax. Sales tax may be assessed on the shipping and handling fee in certain states, where applicable.
Orders placed are shipped without signature upon delivery. By placing an order, you confirm that the parcel can be left outside the premises of the address provided and you will take responsibility for any loss or damage that may occur.
10. DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE SITE AND CONTENT
LUXINEA MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. LUXINEA ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL LUXINEA, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF LUXINEA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS AND SERVICES
UNDER NO CIRCUMSTANCES SHALL LUXINEA, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE SITE, EVEN IF LUXINEA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LUXINEA'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Luxinea, Luxinea's vendor partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Site or any product or service provided to you arising out of or relating to your use of the Site.
Except as otherwise expressly provided herein or in Luxinea's separately posted Privacy Statement, any communication or material you transmit to Luxinea through the Site by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary and you grant to Luxinea, Luxinea’s vendor partners, and/or their respective affiliates or related entities, a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use any Submission for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Luxinea has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
14. DISPUTE RESOLUTION
You agree that any Dispute between you and Luxinea shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court. "Dispute" shall be interpreted broadly and shall include any claim or controversy arising from or relating to these Terms or your purchase or use of any products or services, including for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this agreement; and (3) claims that arise after the cancelation or expiration of this agreement. "Dispute" shall not, however, include any issues relating to the existence, scope, or validity of this arbitration provision.
Notwithstanding anything in this arbitration provision to the contrary, either you or Luxinea may bring an individual action in small claims court if the claim is within the jurisdiction of that court.
For all Disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Luxinea Group LLC., Attn: Luxinea Group LLC, 19 High Street Lakewood, NEW JERSEY UNITED STATES 08701. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration (or in small claims court, if applicable).
Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to Luxinea or our registered agent at [provide address]. You agree that the Federal Arbitration Act and federal arbitration law apply to these Terms. The Dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. For any Dispute, the place of Arbitration shall be in Union County, New Jersey.
WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. WE EACH WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. WE EACH MAY SEEK RELIEF ONLY ON BEHALF OF OURSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY OUR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
IF A CLAIM OR ACTION PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION ARISING OUT OF, IN CONNECTION WITH OR RELATED TO, THESE TERMS, YOUR USE OF THE SITE OR, IF AVAILABLE, ANY PRODUCTS OR SERVICES YOU PURCHASE USING THE SITE. EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED OR OTHERWISE INDICATED THAT SUCH PARTY WOULD NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT OF A JURY TRIAL IN THE EVENT OF ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION. EACH OF THE PARTIES AGREES THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR ENTERING INTO THESE TERMS
15. GOVERNING LAW
Access to or use of the Site shall not be construed as the purposeful availment by Luxinea or any of its partners of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New Jersey. All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with federal copyright and trademark laws and the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule.
Luxinea shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
No waiver by Luxinea of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.
The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
If you have any questions or concerns about the Site or these Terms, please contact: support@Luxinea.com.