This web site is owned by TheLuxe, headquartered in Minneapolis, Minnesota.
Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access this web site or use any services. Also, please note that this web site is available only to individuals who are at least 13 years old.
Responsibility of Contributors
If you operate a blog, comment on a blog, post material to this web site, post links on this web site, or otherwise make (or allow any third party to make) material available by means of this web site, you are entirely responsible for the content of, and any harm resulting from, that material. That is the case regardless of whether the material in question constitutes text, graphics, an audio file, or computer software. By making material available, you represent and warrant that:
the downloading, copying and use of the material will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material;
- you have fully complied with any third-party licenses relating to the material, and have done all things necessary to successfully pass through to end users any required terms;
- the material does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the material is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the material is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your material is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your material is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of material that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials.
Without limiting any of those representations or warranties, TheLuxe has the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any of our business policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of this web site to any individual or entity for any reason, in our sole discretion.
Responsibility of Web Site Visitors
TheLuxe has not reviewed, and cannot review, all of the material, including computer software, posted to this web site, and cannot therefore be responsible for that material’s content, use or effects. By operating this web site, TheLuxe do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. This web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. This web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TheLuxe disclaims any responsibility for any harm resulting from the use by visitors of this web site, or from any downloading by those visitors of content there posted.
Content Posted on Other Web Sites
TheLuxe has not reviewed, and cannot review, all of the material, including computer software, made available through this web site and web pages to which this website links, and that link to this web site. TheLuxe does not have any control over those other web sites and web pages, and is not responsible for their contents or their use. By linking to a web site or webpage, TheLuxe does not represent or imply that we endorse such web sites or web pages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TheLuxe disclaims any responsibility for any harm resulting from your use of other web sites and web pages.
As TheLuxe ask others to respect our intellectual property rights, TheLuxe respect the intellectual property rights of others. If you believe that material located on or linked to by this site violates your copyright, you are encouraged to notify us. TheLuxe will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of others, TheLuxe may, in our discretion, terminate or deny access to and use of this web site.
This Agreement does not transfer from TheLuxe to you any of our intellectual property or intellectual property of third parties, and all right, title and interest in and to such property will remain (as between the parties) solely with us. Some trademarks, service marks, graphics and logos used in connection with this web site may be the trademarks of other third parties. Your use of this web site grants you no right or license to reproduce or otherwise use any third-party trademarks. You hereby grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any material you post on or in connection with the TheLuxe web site and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with this site, the products featured on this site or the promotion thereof.
TheLuxe may choose at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to this web site following the posting of any changes to this Agreement constitutes acceptance of those changes. TheLuxe may also, in the future, offer new services and/or features through this web site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
TheLuxe may terminate your access to all or any part of this web site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using this web site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
This web site is provided “as is” TheLuxe and its suppliers, merchants, and other business partners hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TheLuxe nor our suppliers and business partners, makes any warranty that this web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, this web site at your own discretion and risk.
Limitation of Liability
In no event will TheLuxe, or our suppliers, merchants or business partners, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this Agreement during the twelve (12) month period prior to the cause of action. TheLuxe shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless TheLuxe, its contractors, its merchants and its business partners, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this web site or your use of products and services featured on this web site.
This Agreement constitutes the entire Agreement between TheLuxe and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TheLuxe or by the posting by TheLuxe of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of this web site will be governed by the laws of the state of Minnesota, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hennepin County, Minnesota. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Minneapolis, Minnesota, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TheLuxe may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.