LUEXCO LLC TERMS OF USE

(For residents of the U.S. and Countries outside of the European Region)

Effective Date: 12/2/2022

Welcome to LUEXCO's web and/or mobile site.
These Terms and conditions ( "Agreement" or "Terms" ) govern your use of the LUEXCO.shop and LUEXCO.com websites (the "Sites"), any mobile applications available to US residents ( "Apps" ) any other written, electronic, and oral communications with LUEXCO or any websites, pages, features, or content owned and operated by us (collectively, including the Site and Apps, the "Services that hyperlink to this Agreement (collectively, including the Site" and Apps, the "Services"). You must be the age of 16 years or older to use the Services.

BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
NOTICE OF ARBITRATION PROVISIONS

NOTICE OF ARBITRATION PROVISIONS


AS DESCRIBED BELOW, THIS AGREEMENT AND YOUR USE OF OUR SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.

1. GENERAL

1.1 Ownership. The Sites and Apps are owned by LUEXCO LLC a Georgia Limited Liability Company with our principal business offices located at 648 Effie Dr., Lawrenceville, GA  30045.

1.2 Updates to the Terms. In our sole discretion, we reserve the right to change the Terms at any time, including the Privacy & Cookie Policy. You agree to be bound by any modification we make to this policy and/or any accompanying policies/agreements, including but not limited to the Privacy & Cookie Policy, by using the Services after such changes (regardless of whether the Company sent a notice to you or not). You are responsible for periodically reviewing this policy and any supplemental policies or agreements to make sure there haven't been any changes. Before moving forward, please carefully read this Agreement. For more information on how the Company gathers, stores, and safeguards your information when you use the Services, you can also read our Privacy & Cookie Policy at any time.

1.3 Age Requirements & Acceptance of Terms. You must be at least 16 years old or are visiting the Services under the supervision of a parent or guardian. You agree to all of the terms and conditions in this Agreement by using the Services in any way, including by logging in, browsing, or otherwise. You should stop using or accessing the Services immediately if you disagree with any part of the Terms. If you have any queries about these Terms & Conditions or our Privacy & Cookie Policy, you may contact us anytime at legal@luexco.com or use our chat feature as described in the "Contact " section below.

2. USE OF OUR SERVICES
2.1 Use of Services. The Company hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services by displaying it on your web browser for our site or your mobile device for our apps, only to shop for personal items sold on the site or apps and not for any commercial use or use on behalf of any third party, unless specifically authorized by the Company in advance. The license granted in this clause may be terminated immediately and without prior notice, if you violate this Agreement. When you use our services, you consent to the processing of your information and data and represent and warrant that all information and data you provide are accurate and true. You guarantee and represent that you are at least 16 years old or that a parent or guardian is in charge while you use the Services.

2.2 Limitations on Use. The Services, or any part of them, may not be duplicated, distributed, displayed, sold, leased, transmitted, translated, modified, reverse-engineered, disassembled, or otherwise exploited without the Company's prior written consent; except as expressly permitted in the paragraph above. Unless authorization was specifically provided by us in advance. You are not authorized to use any of the data offered on the Services for commercial purposes or to benefit another company. In its sole discretion, the Company reserves the right to refuse service, end accounts, and cancel orders, including without limitation, when we believe that a customer's actions have violated the law or are detrimental to our interests.

You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that:

(a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or individual;

(b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could be a violation of local, national, or international law and result in civil or criminal liability.; or

(c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or qualities that are malicious or technologically harmful.

Additionally, you consent to refrain from:

  • Use of the Services for unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;
  • Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or other persons who are using the Services or that would expose us or them to liability;
  • Use of the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party's use of the Services;
  • Use of any robot, spider, or another manual or automated device, process, software, or means to index or access the Service for any purpose;
  • Use of the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
  • Interfering or attempting to interfere with the proper working of the Service.

2.3 Account Creation and Termination. You will need to create an account to access some of the Services' features. You are not permitted to use another person's account. The Company is under no obligation to monitor or investigate the authorization or source thereof of any such access or use of the Services. Each time you use a password or identification, you will be granted authorization to access and use the Site or Apps in a manner consistent with the terms and conditions of this Agreement.

Whether or not such access to and use of this Site is specifically authorized by you or not, you will be solely responsible for all communications and transmissions made and obligations (including, without limitation, financial obligations) incurred through such access or use by anyone using the password and identification initially assigned to you. The confidentiality and security of the password and identification you are granted are your sole responsibility.

Any loss, theft, or unauthorized use of your User Account is not something we will be held liable for. You must notify us right away should your password or another form of identification for our Sites or Apps be used without your permission, if there has been a security breach on the site or app, or if one is imminent. Please use a different password for this site or app than you would for other websites.

The User Account is provided for the Site or App that is used for the initial setup. Your account will be administered by Luexco LLC, as outlined in Section 1. (General) of the terms and conditions governing the use of that Site (for example, if you created your account on Luexco.shop or Luexco.com, then your account will be administered by Luexco LLC. If you reside in one country but order products to be shipped to another country, you may be redirected to the local Site of the country to which the products are shipped.

We reserve the right to impose temporary or permanent restrictions on some or all portions of the Services, including but not limited to the capability to send messages, make payments, or upload files.

If we feel you have violated the terms of this agreement, we may, in our sole discretion, terminate your access to the Services at any time and without cause or prior notice. By following the instructions on the Sites or Apps, or, by getting in touch with us as indicated below in Section 16. "Contact Us", you may terminate your account at any time and for any reason. If you don't get in touch with us after your account is closed, you risk losing any rewards, discounts, or assets in your account.

By opening an account with us, you agree that occasionally, we might send you marketing or promotional emails. However, you can use the unsubscribe link in those emails to remove your name from our mailing list if you do not wish to receive those emails.

Luexco Rewards (Promotional Points): By using our services on your local website, application, or social media accounts and achieving certain goals following the specific guidelines laid out under Luexco Rewards, you can accrue promotional points and store them in your Luexco Rewards account. Promotional Points are awarded at the Company's sole discretion and are subject to both expiration and cancellation. Promotional Points cannot be exchanged for cash, returned through PayPal, or put back on the same debit/credit card that was used to make the original purchase. Only one (1) Luexco Rewards coupon may be used per purchase on the Sites, subject to the provisions made available by Luexco and the applicable terms above.

Coupons: The Company may issue coupons at its sole discretion. The Company reserves the right to revoke any remaining coupons. There may be occasional restrictions, limitations, and expirations placed on free LUEXCO coupons provided by the Company. Coupons may not be exchanged for cash, returned through PayPal, or paid back with the same debit/credit card you used to make the original purchase. Each purchase is limited to the use of one coupon.

Gift Cards: There may be occasional restrictions, limitations, and expirations placed on gift cards provided by the Company. Gift cards are redeemed by entering the gift card code during the checkout process, using the digital code provided upon purchase. Gift cards will not be exchanged for cash, returned through PayPal, or refunded to the original payment method of a debit or credit card.

Gift cards, paid or unpaid coupons, and promotional rewards (also known as Luexco Rewards) are all acceptable forms of payment.

While a refund for a returned order that arrived to you faulty or damaged can be returned to the original form of payment, size-related, buyer's remorse returns (changed my mind), company rewards, promotional points, coupons, and gift cards cannot be exchanged for cash.

Luexco Rewards: The Luexco Rewards program is a feature of the user account and is governed by the same rules as those in Paragraph 2.3. Except as provided by applicable law, if your rewards account contains assets at the time of account termination or cancellation, you would forfeit those assets. For more information regarding the Luexco Rewards program see Luexco Rewards Terms and Conditions.

Your rights to gift cards, promotional coupons, and promotional points kept in your Luexco rewards account expire upon death. Additionally, any rewards, reward credits, gift cards, promotional coupons, and promotional points held in your account are your property and are not transferable to your estate, beneficiaries, or successors.

2.4 Accurate Information; Customs. You must provide true and accurate information per customs rules and regulations. Each consignee's name, address, and payor's name must be accurate. The accuracy and completeness of the information you give us is solely your responsibility. If any information is incomplete or incorrect and prevents a shipment, delivery, or customs clearance, we will not be held liable and will not provide compensation.

You agree to authorize the Company and its affiliates to make statements, submit, amend, and invalidate all declarations and documents required or helpful to import goods ordered by you in your name and on your behalf. This authorization grants the right to perform services and: accept deliveries, to ask for refunds of any levies, taxes, or fees associated with the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings, appeals, and remedies in all circumstances, and to submit applications, complaints, receive money, valuables, documents, deeds from public authorities, courts, and other institutions; file, withdraw, waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind; including the authority to give instructions to customs agents in your name and on your behalf, as well as the power to delegate authority to other representatives who deal with importation-related issues and ensure that import laws are adhered to, in accordance to the applicable trade laws that govern.

You are liable for abiding by all rules and laws that govern your nation as the importer. You agree to provide us with accurate and truthful contact information when you use our Services and place orders through them, including your email address, postal address, and other contact information. Additionally, you consent to our using this information to contact you about your order if required.

3. PRIVACY & COOKIE POLICY
We respect your privacy! LUEXCO's Privacy Policy applies to your use of the Services, including your submission of personal information through the Services, and is herein incorporated by reference. You can view LUEXCO's Privacy Policy HERE.

4. ERRORS
(1) When registering as a user of our Services should you discover that your personal information was entered incorrectly, you can correct this on our website in the "My Account" section. B. You will also have the option to contact us and exercise the right to rectification outlined in our Privacy & Cookie Policy through our Site and Apps to fix mistakes relating to the personal data you provided during the purchase process. In various sections of the checkout process, the Services display confirmation boxes that prevent the order from proceeding if the information is incorrect. Additionally, the Services provide a list of all the items you added to your shopping cart during the checkout process, allowing you to edit the specifics of your order before submitting payment.

(2) While we make every effort to provide accurate product and pricing information, typographical or pricing errors occasionally happen. We cannot confirm the price of an item until after you order. We reserve the right, at our sole discretion, to refuse or cancel any orders placed for a product if it is listed at an incorrect price or with incorrect information due to an error in pricing or product information. If an item's price is incorrect, we shall have the right to contact you for further instructions or to cancel your order and notify you of such cancellation. If an item was mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such.

(3) If you detect an error in your order after the completion of the payment process, you should immediately contact us at: Customer.Support@Luexco.com, or use our chat feature to communicate the error for correction.

5. PURCHASES

5.1 Price and Payment. The shipping costs, local sales, use taxes, and other taxes or fees (where applicable) are not included with the product prices that are listed on the Sites or in the Apps. Those costs will be added separately to each order at the appropriate rate.

Prices are subject to change at any time, but (aside from the circumstances outlined above) these changes won't impact the orders for which we've already sent you an order confirmation. 

We do not honor price adjustments.

Any items you have selected to purchase will be added to your bag. Once you are ready to make your purchase, you will proceed to the check-out phase of the order process whereby the processing of your order and payment choices will come next. To accomplish this, you must proceed through the purchase process, indicating or verifying the information needed at every step of the purchasing process. Additionally, you will have the option to change certain order details but only before advancing to the point that payment is made during the purchasing process. If you are a registered user of our Sites and Apps, "My Account" will contain a list of all the orders you have placed with us.

    Payment Authorization

    A verification email may be sent to your email address if our security system flags your order as fraudulent. You can pay using the methods listed on the Sites that include: online payment methods such as online banking, all major Credit Cards (Visa, Mastercard, American Express, Discover, Diners, etc.). We also accept Shop Pay, Shop Pay Installments (by Affirm), Amazon Pay, PayPal, Venmo, Apple Pay, Google Pay, and Meta Pay.

    We do not accept money orders, pick-ups, cashier's checks, personal checks, bank transfers, or COD

    Your credit card information will be encrypted to reduce the chance of unauthorized access. As soon as we receive your order, we pre-authorize your card to ensure there are enough funds to complete the transaction. If you chose a "pay later" service (which is only available in some countries), your card will be charged at the time of shipment.

    When you click "Buy now", Pay Now, "Place order", "Authorize Payment" and "Continue ", you are attesting that the credit card belongs to you. The entity issuing the credit card has the right to verify and authorize the card. If the organization does not approve the payment, we shall not be held responsible for any delays or failures to deliver, and we will not be able to enter into a contract with you.

    5.2 Colors. We have done everything in our power to ensure that the colors of our products that appear on the Services are represented as accurately as possible. We cannot, however, guarantee that your monitor will accurately display any color because the actual colors you see will depend on your monitor.

    5.3 Quickship. The goods sold on the Site and the App are kept in one of two warehouses: one in the United States (for items shipped via "QuickShip") and one outside the country (for items shipped via "International Shipping"). These warehouses are where the goods are stored and are ready to be shipped from. Both "QuickShip" and "International Shipping" are herein referred to as "Shipping Types." Some products might be kept at multiple warehouses and be available for shipping via both "QuickShip" and "International Shipping." When selecting a product that can be shipped using both the "QuickShip" and the "International Shipping" shipping types and is located in multiple warehouses, you will be prompted to choose the shipping method that the product will use.

    5.4 Packing. Unless a different agreement has been arranged, we will only adhere to its minimum packing requirements for the chosen mode of transportation. You are responsible for covering the cost of any specialized packing, loading, or bracing that you request.

    5.5 Shipping & Delivery. The company ships from various warehouses located in various nations. Depending on stock levels, we reserve the right to divide orders containing multiple items into separate packages. Orders will be delivered as soon as we can. However, deliveries can occasionally take longer during busy sale times. Please get in touch with our Customer Support Team or through our chat feature if you have any questions about shipping or delivery.

    5.6 Title and Shipment. Title to any items that you purchase that are stored in our China Warehouse transfers from LUEXCO LLC (the respective Company selling entity) to you as the respective customer once the items are loaded onto the international carrier outside of your country. Title to any purchased items fulfilled and shipped via our warehouses located in the United States from the respective Company selling entity LUEXCO LLC (the respective Company selling entity) to you when the products are delivered to the shipping address provided by you.

    Any claims arising from shortage or damage during delivery of the order by the carrier to your delivery address must be made to customer service within fourteen (14) days after your receipt of the goods. At our discretion, we will either replace the item that was damaged or lost during shipment (subject to availability and using the same shipping method without additional shipping costs, and subject to the same terms & conditions as set forth herein), or we will reimburse you the purchase price and shipping cost paid (provided that the shipping cost did not include other items that were delivered without damage).

    Unless otherwise specified by the company, customers who are returning goods that are not deemed as faulty, damaged, or misstated are responsible for the returning freight charges.

    5.7 Return of product. You may return your order up to 30 days from the purchase date by notifying us of your decision to do so. Based on the reason for the return and return inspection, we will either refund you the purchase price and shipping cost to the original method of payment, or in the form of a Luexco Gift Card in the case of buyer's remorse (changed my mind) or size-related return. 

    Exchanges:
    We do not offer Exchanges at this time. However, if it is within our ability we may present you with the option of exchange at our sole discretion, should you not be happy with your purchase or if it arrives to you damaged.

    For defective products, If a defect or damage is confirmed on the returned products(s), we will provide a complete refund including the charges you have accrued for delivery and return, but only those costs for your portion of shipping that would not exceed a price that we would be quoted through our transportation services for the most economical, traceable shipping option available to you in your region or country. 

    You are liable for the products while they are in your possession and for ensuring that the package and product(s) arrive to us both safely and in their original condition with any hygienic seals and tags still attached and un-tampered. We reserve the right to reduce your portion of the refund according to the condition of the item you are returning to us.

    • Based on the reason for the return and the return inspection, we will either refund you the purchase price and shipping cost to the original method of payment or in the form of a Luexco Gift Card in the case of buyers remorse (changed my mind) returns, size related returns, damaged or faulty returns. 
    • If payment or partial payment was made with Luexco Gift Card, then that portion of the payment will be refunded back to the gift card and the balance of the remaining refund due to you would be applied to the other payment method used.

    Items Excluded From Being Returned

    • Items marked as "Final Sale", "As-Is" and Clearance items,
    • Items that we provided to you of no cost (free or give-away items),

    The following items cannot be returned for health reasons: Swimsuits, Bikini, Bodysuits, lingerie, underwear, jewelry, beauty products, underwear, Event & Party Supplies, DIY Supplies, Pet Supplies, Accessories, or cosmetics if the hygiene seal has been broken.

    • Returns or exchanges are not eligible to receive price adjustments.  

    Restocking Fee: Buyers' remorse and size-related returns are subject to a Twenty-Five percent (25%) restocking fee that will be deducted from the total refund. We go to great lengths to provide product size and dimensions in addition to providing a guide on how to take your measurements published here.

    Important! Please ensure you have reviewed the product dimensions carefully in determining the correct size to order. Garment Hang-Tags and hygienic seals must still be attached and un-tampered for us to honor any permitted return of goods scenario outlined above. 

    How to Return:
    Notify us by using our chat feature, or by emailing our Customer Support Team of your decision to make a return. The more details that you provide us regarding your request for a return, the better. This information not only helps us understand your problem in more detail but also helps us to correct issues going forward.

    We strive to ensure that the quality and integrity of our products and product details are aligned with the expectations of our customers. If the product or item that you purchased on our site did not meet your expectations for one reason or another, you can contact us to initiate a return by following the procedures below, by contacting the Luexco Customer Support Team by email, or through the live chat feature on the website home page.

    At a minimum, you will need to provide the following when requesting an RMA:

    1.) Proof of purchase and your reason for the return,

    2.) Your order#,

    3.) Name and address that the order was placed under,

    3.) Pictures of the product and/or packaging may also be required to validate the RMA.

    RMA: 

    We will review and respond to your request for a return authorization within (17) business days. Once your RMA request has been processed by our Customer Support Team, we will provide you with your RMA number and the address of our return facility.

    Return Grace Period
    Any items to be returned to our facility (upon being provided RMA#), must be post-marked for delivery to our warehouse no later than (7) days from the time that we issue an RMA to you!

    We are not responsible for refunding any returns that are not post-marked by the end of the (7) day grace period.

    Important! Do not send any products to the return address present on your original delivery packaging!

    When returning a product to us, you are responsible for:
    A.) The cost of return postage of the product to our facility and in selecting the most economical, reasonable, and trackable method of transport that is available to you when you return a product or item to our facility,
    B.) The care of the products while in your possession (from the time we have successfully delivered the items), and
    C.) The safe arrival of the return package to our facility, ensuring that the return confirmation is contained inside the return package with the RMA# clearly noted on the outside of the return package. Our return facility is located in the USA, so your cost to return the items will largely vary depending on your location.
    D.) Obtaining a copy of the return postage receipt and/or delivery confirmation from your carrier that includes a tracking number. You may be required to provide us with a copy of this information in order to approve your return (or refund) so please ensure the safekeeping of this information until your return and/or refund has been finalized. In the case of a damaged or faulty product return, this receipt will also be required for us to reimburse your portion of the return shipping costs, upon conclusion of our inspection of the faulty or damaged product return.
    E.) You can only send us the product(s) for which we have provided you a return authorization number (RMA)!
    F.) We will not be liable for any items that are sent to us by mistake.
    G.) Any items that you return to us will be sent at your own risk and cost and you will also be agreeing to the separately posted Terms and Conditions and Privacy Policy.
    H.) Luexco may limit returns if we believe a customer may be abusing the return policy.

    Reasonable Care: Products must be returned in their original condition. Luexco reserves the right to refuse returns of items that appear used, have been worn, are not in good condition, or are without tags. We may reduce any refund due to you to reflect any reduction in the value of the product due to how you have handled the product. We are not liable for any damage that may occur due to faulty packaging while it is in your possession and in transit to our facilities.

    All items eligible for return must be unworn, unwashed, undamaged, and with the original packaging and tags attached.

    Normal Wear and Tear/Negligence: We will not be liable for any flaw in the product that results from normal wear and tear, your failure to follow specific care instructions, willful damage, unusual storage, an accident, your negligence or the negligence of a third party, or any alterations or repairs that you or they have made.

    Restocking Fee: Buyers' remorse and size-related returns are subject to a 25% restocking fee that will be deducted from the total refund. We go to great lengths to provide product size and dimensions in addition to providing a guide on how to take your measurements published here.

    The following items cannot be returned or exchanged pursuant to our return policy: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and blankets).

    (2) To exercise your statutory warranty rights or make use of our return policy, you must inform us by following the instructions on our Return page or contacting our Customer Support Team at: Customer.Support@Luexco.com,
    Return Inspection Period:
    Once we receive the returned products, we will inspect and assess the products and let you know within a reasonable time frame of our determination.
    We will normally process the refund within 30 days from the day we have confirmed to you that you would be entitled to a defective product refund. This would also include the refund of reasonable delivery charges that you incurred by returning the item to our return facility. Therefore, you are responsible for choosing the most economical, reasonable, and trackable transport method that is available to you.

    If upon inspection, we determine that the goods are indeed faulty or damaged and that you are entitled to a full refund that would include your return shipping costs, please understand that we will only be entitled to refund no more than what we would be quoted for the most economical and trackable shipping method available in your region.

    We will not be responsible in any case to refund your portion of the return shipping costs without proof and receipt of postage. Therefore, it is important that you hang onto this information until the return process has been finalized and your return has been approved post-inspection, of which, you will be notified.

    6. INTELLECTUAL PROPERTY AND OWNERSHIP

    6.1 Content. The Services are owned, controlled, or licensed by the Company and are protected by U.S. and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property or proprietary rights laws. The Services also include all features and materials, including text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features that are provided as part of the Services (collectively, "Content"). Only activities covered by these Terms and the Privacy Policy are allowed for you to access the Content.

    6.2 LUEXCO Marks. In addition, the "LUEXCO" trademarks, service marks, icons, graphics, wordmarks, designs, and logos contained therein ("Marks"), are owned by LUEXCO LLC. "LUEXCO" and the Marks of LUEXCO are trademarks in the countries for which applications are pending or registrations have been issued. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. The LUEXCO Marks may not be used in connection with any product or service that is not the Company's, in any manner that is likely to confuse customers, or in any manner that discourages or discredits the Company. The Marks, whether on any product offered for sale on the Site, or the Apps, or appearing as a logo or text on any portion of the Site, are not a representation that Luexco is the owner of any copyright or other intellectual property rights in the products offered for sale on the Site or the Apps. As LUEXCO LLC. sources some of its products from third-party manufacturers and wholesalers.

    6.3 Rights Reserved. Only personal, non-commercial use of the Content on the Services is permitted. Without the prior written consent of the Company or the applicable owners or licensors, you are prohibited from downloading, copying, reproducing, distributing, transmitting, broadcasting, displaying, performing, reproducing, publishing, selling, granting a license for, making derivative works from, or otherwise exploiting any Content, software, products, or services found on the Site and Apps. Any commercial use of the Content is prohibited, including the use of any of the Content to generate revenue from advertising on your own website, social media accounts, or in any other way. You hereby grant LUEXCO (and its affiliates, assignees, or survivors in interest) a worldwide, perpetual, warranty-free, irrevocable license to copy, use or incorporate any questions, comments, suggestions, ideas, feedback, or other information about the Services that you provide to us. You further acknowledge and agree that all of the aforementioned is not confidential, and it is subject to the Company's review and monitoring. Except as expressly provided herein, you agree not to use, copy, distribute, or create derivative works from any of the Content that is made available to you through the Services.

    By accepting this agreement, you agree not to interfere with any security-related features of the Site, features that forbid or restrict the use or duplication of any Content, or features that impose usage limitations on the Site or its content.

    6.4 Reviews, Comments, and Submissions. Anything you submit or post to the Services and/or provide to our Site or App, except for content expressly stated otherwise in this Agreement or on the Services (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary, and by doing so, you agree to perpetually license the Submissions and all intellectual property rights therein, without restriction. All submissions will instantly become our sole and exclusive property, will not be returned to you, and you agree not to bring any legal action against us in the future if we use them. You are accountable for all Submissions shared and must ensure that Reviews, Comments, or Submissions adhere to PUBLICLY accepted moral and religious standards, do not violate any regulations, and would not cause us to break any laws or regulations, by being made available online.

    You guarantee that all or a portion of your Submissions are clear and unaltered by intellectual property rights disputes, third-party claims, or other issues. We take no responsibility for any infringements on your copyright or other third-party rights that may occur. You agree to defend the Company against any losses brought on by the use of the Submissions for any purpose, and to hold the Company harmless from such losses.

    When you post comments or reviews to the Site or Apps, you also grant us the right to use your name, if any, in connection with those reviews, comments, or other pieces of content, in addition to the rights applicable to any Submission. You confirm and guarantee that all of the reviews, comments and other content that you post on this website belong to you or that you otherwise have full control over them. You also guarantee that we won't violate any third parties legal rights when we use your reviews, comments, or other content. You shall not provide us or other parties false information about the origin of any Submissions or content, use a false email address or pose as someone other than yourself. We reserve the right to edit or remove any Submissions (including comments and reviews), but we are not required to do so.

    Please note that it is illegal for anyone under the age of 18 to upload pictures of themselves or any other people who are under the age of 18 to our services.

    6.5 User-Generated Content. Any content that you transmit, post, upload, share, or otherwise contribute to our Site or Apps, including but not limited to your Submissions, shall be deemed to be user-generated content ("UGC") to the extent that it is visible to or accessible to any other visitors to or users of our Site or Apps. By agreeing to these Terms, you promise not to submit any UGC that could be inferred to imply, include, offer, or support any of the following:

    (1.) Sexually explicit or pornographic content;
    (2.) Profanity;
    (3.) insulting, shaming, derogatory, discriminatory, hateful, or otherwise inciting remarks made about particular people or groups based on their race or ethnicity, religion, gender, sexual orientation, age, nationality, or other factors.;
    (4.) incitements to violence or other dangerous activities;
    (5.) terrorism or other criminal activities;
    (6.) insensitive or offensive comments related to natural disasters, atrocities, health crises, deaths, conflicts, or other tragic events;
    (7.) harassment, bullying, or behavior deemed as threatening or inappropriate;
    (8.) dangerous products, illicit drugs, or inappropriate use or sale of tobacco and alcohol;
    (9.) transactions in cryptocurrencies;
    (10.) false medical-related claims or contents;
    (11.) content that infringes intellectual property rights;
    (12.) content that you are not authorized to, or do not have a legal right to, share, post, or otherwise display; or
    (13) any other content that could be considered illegal, offensive, or restricted under applicable laws or regulations.

    You further acknowledge and agree that LUEXCO, in its sole discretion, has the right to remove or block any User Generated Content (UGC) that it finds to be in violation of the aforementioned rules. We reserve the right to suspend or later terminate all or a portion of our Services if you post UGC that violates these Terms. By accepting these Terms, you hereby agree to only post UGC that is suitable for a family audience. You also acknowledge and agree that LUEXCO is not obligated to monitor or actively review UGC before it is displayed on LUEXCO's Sites or Apps, and as a result, you alone are completely responsible and liable for the UGC you choose to post on the Sites or the Apps.

    7. THIRD-PARTY LINKS AND RESOURCES

    Links to third-party websites not under our control or ownership may be found on our website and mobile applications. It is not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services that make references to any names, marks, products, or services of third parties or links to third-party sites or information appearing on our website or our mobile applications.

    Any third-party websites or services, including but not limited to any third-party social media or mobile app platforms with which the Services operate or otherwise interact, are beyond our control, under no obligation to us, and we make no representations regarding their content, privacy practices, or other policies. The Company is not liable for any operator of a similar site or platform's actions or inactions. Your use of any such third-party website or platform is solely at your own risk and subject to all terms and conditions, including any privacy policies, that are set forth by that third party.

    Any content posted on the Site or through our Apps by a user other than us is provided "as is" and without any warranties or guarantees of any kind. We strongly advise you to read all third-party terms and conditions and privacy policies.

    8. TEXT MESSAGING PROGRAM

    GENERAL TERMS & DISPUTES. WITHOUT LIMITATION OUR TEXT MESSAGING PROGRAM IS SUBJECT TO THESE COMPLETE TERMS, WHICH CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE LEGAL DISPUTES AND ARBITRATION AGREEMENT SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE TO THE ARBITRATION SECTION BELOW.

    8.1 Enrollment. Enrolling in LUEXCO's text messaging (SMS) program requires your explicit agreement and consent. Making a purchase or using our site, app, or services does not require your agreement to take part in our SMS program.

    8.2 Opting Out. By replying STOP or any other signal we instruct to any message you receive in our text messaging program, or by simply texting STOP or any other signal we instruct to the number from which you are currently receiving our text messages, you can choose not to receive SMS/MMS text messages from us. In either scenario, you'll get one more message stating that your request was successfully processed.

    8.3 Your Own Wireless Plan. Message and data rates could still be charged for any messages sent to or from you. Contacting your wireless provider is the best option if you have any questions about your text or data plan.

    8.4 Your Duties for Your Own Phone Number. When signing up for LUEXCO'S text messaging program, you warrant that you are the account holder or regular user of the mobile phone number you provide. You must notify us right away at customer.support@luexco.com or via our chat feature if you change or deactivate that number. We are not responsible for late or missed deliveries of messages, nor are we, our vendors, or any mobile carrier. Including, but not limited to, all claims, expenses, and damages related to or arising under all applicable laws, you agree to fully indemnify us for all claims, expenses, and damages relating to or caused in whole or in part by your failure to notify us if you change your telephone number.

    8.5 Participation Subject to Termination or Change. If we determine these Terms have been violated in any fashion, we may suspend or stop sending you automated marketing messages from us. If your mobile phone service is discontinued or expires; your receipt of these messages may also end. We reserve the right to change or stop all or any portion of these messages, temporarily or permanently, with or without prior notice to you.

    9. EVENTS BEYOND OUR CONTROL

    When events occur that are beyond our reasonable control ("Force Majeure"), we will not be held responsible for any failure to perform or delay in performing our obligations under the Terms or other contracts. Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:

    • Strike, lockout, or other forms of protest.
    • Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), or threat or preparation for war.
    • Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
    • Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
    • Inability to use public or private telecommunication systems.
    • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
    • Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
    • Border closures, government shutdowns, trade blockages, embargos, disruptions to global trade, and port congestions.

    It is agreed that during the time that a Force Majeure event continues to exist, our obligations arising from the Terms or other contracts are suspended and the time frame for fulfilling these obligations is extended by the length of the Force Majeure event. To the extent we are able, we will use all reasonable means to put an end to the Force Majeure, or we will work to find a way to carry out our obligations under the Terms even in the face of the Force Majeure.

    10. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS

    10.1 Company Liability. Except as expressly provided otherwise in these Terms, our liability concerning any product purchased on our site shall not exceed the purchase price paid for such product. Regardless of what was stated above, the following situations will not result in a waiver or reduction of our liability:

    • in case of death or personal harm caused by our negligence;
    • in case of fraud or fraudulent deceit; or
    • in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

    10.2 Waiver of Liability. Notwithstanding the above paragraph, to the fullest extent permitted by law, and unless otherwise specified in these Terms, we shall not be liable for any of the following losses, regardless of where they originated:

    • loss of income or sales;
    • operating loss;
    • loss of profits or contracts;
    • loss of forecast savings;
    • loss of data; and
    • loss of business or management time.

    10.3 Warranties. We do not guarantee the security and accuracy of the information transmitted or obtained using the Services, unless otherwise expressly stated on the Services, due to the open nature of the Services and the potential for errors in the storage and transmission of digital information. All product descriptions, information, and materials displayed on the Services are provided "as is," without any express or implied warranties or conditions of any kind, except for any legal requirements. In this sense, since you are entering into a contract as a consumer or user, we are required to deliver goods that are in accordance with the parties' intended transaction and accordance with reasonable expectations of a commercial nature, and we are liable to you for any lack of conformity that exists at the time of delivery.

    It is understood that the goods are in accordance with the transaction or intended purchase if they:

    (i) corresponds to the description provided by us and have the qualities that we have described on this Site

    (ii) are appropriate for the purposes for which goods of this kind are typically used; and

    (iii) exhibit the quality and performance that are typical in goods of the same type and that can reasonably be expected. To the extent permitted by law, we exclude all warranties and conditions.

    11. LIMITATION OF LIABILITY

    THIS CLAUSE LIMITS THE COMPANY'S LIABILITY TO YOU, SO PLEASE READ IT CAREFULLY.

    11.1 BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THEM ALONG WITH THE SITES AND APPS "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

    11.2 WE MAKE NO WARRANTIES AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) ANY PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, OR OTHER MATERIAL PROVIDED BY A THIRD PARTY THAT YOU ACCESS THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.

    11.3 YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE AFOREMENTIONED, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATED ENTITIES (INCLUDING THE OPERATORS OF THE OTHER LUEXCO SITES) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, INTANGIBLE LOSSES, LOSS OF PROFITS, REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) RESULTING FROM OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH: USE, GOODWILL, OR OTHER (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF USD 100 DOLLARS OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

    11.4 YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE SERVICES IS TO DISCONTINUE THE USE OF THE SERVICES.

    SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY THEREFORE NOT APPLY IN WHOLE, OR IN PART TO YOU.

    12. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES

    PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY PROVIDE THAT YOU AND LUEXCO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION, AND THIS MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    Without regard to its conflict of law provisions, the laws of the United States of America shall govern this agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter, formation, or use of the Services. Any dispute arising out of or related to this agreement and the use of the Services, including any issue regarding its existence, validity, or termination, shall be submitted to and finally resolved by arbitration administered by The Federal Arbitration Act under the Arbitration Rules of The Federal Arbitration Act for the time being in effect, which rules are deemed to be incorporated by reference in this clause. The State of Georgia (located in the United States of America) shall serve as the arbitration's venue unless the parties mutually agree otherwise. The Tribunal shall consist of one sole arbitrator and the language of the arbitration shall be English. This Agreement and the rights of the parties hereunder shall be governed by and construed under the laws of the State of Georgia, exclusive of conflict or choice of law rules.

    The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph concerning any applicable substantive law, any arbitration conducted according to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

    NOTHING IN THIS CLAUSE SHALL LIMIT OR OTHERWISE AFFECT YOUR LEGAL RIGHTS AS A CONSUMER UNDER THE LAWS THAT MAY BE IN FORCE IN THE RELEVANT JURISDICTION.

    In this Section 12 (the "Arbitration Agreement"), You and LUEXCO concur that any claims or disputes (whether in contract, tort, or otherwise), including all statutory claims or disputes, arising out of or relating to these Terms or the use of the Services will be resolved on an individual basis via mediation and then arbitration. No dispute will be resolved by litigation except that the parties may apply to the state court where the arbitration is conducted to confirm or challenge the arbitrator's award. Except for any claim or dispute in which The Company requests equitable relief for the alleged wrongful use of copyrights, trademarks, or other intellectual property. To be clear, "all claims and disputes" also refers to disagreements that existed between us before the enforcement of these Terms. In addition, unless otherwise expressly provided below, the arbitrator shall decide all disputes relating to the arbitrability of a claim (including disputes regarding the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) and will award legal fees and costs to the prevailing party. The arbitrator will apply the law of Georgia in determining the rights and obligations of the parties.

    Notwithstanding the requirements of this dispute resolution section of the contract, if the parties mutually agree in writing, they can alter any of said requirements.

    12.1 Initial Dispute Resolution. If you have any questions or concerns about how to use the Services, please contact us at legal@luexco.com. In this way, the majority of problems can be easily solved. Before either of you or we commence mediation, litigation, or arbitration, each of you and we agree to use our best efforts to attempt to resolve any dispute, claim, question, or disagreement directly through consultation and good faith negotiations. Of which, are a precondition to either party initiating mediation, arbitration, or a lawsuit.

    12.2 Mediation. If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties hereby agree first to attempt in good faith to settle the dispute through mediation, administered by JAMS under its Mediation Rules before resorting to litigation, arbitration or some other dispute resolution procedure. If the mediator determines that the mediation is unsuccessful, then within five business days of that determination, the mediator will become the arbitrator and conduct binding arbitration of the parties.

    12.3 Agreement to Binding Arbitration. If an informal dispute resolution is pursued after the matter is not settled through the Initial Dispute Process or Mediation process outlined in the (2) preceding paragraphs, and we do not reach an amicable resolution within thirty (30) days from the time such pursuit is made, either party may then commence binding arbitration per the JAMS Streamlined Arbitration Rules and Procedures, and excluding any rules or procedures governing or allowing class actions, binding arbitration will be used to settle all disputes arising out of or connected to the Terms (including their formation, performance, and breach), our relationship, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, following the JAMS Streamlined Arbitration Rules and Procedures, excluding any Rules or Procedures governing or permitting class actions.

    Per the arbitration, each party shall be entitled at its own expense to legal counsel. Per the JAMS Streamlined Arbitration Rules and Procedures, both you and we will choose a single neutral arbitrator. The arbitrator, not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Terms, including, but not limited to, any claim that all or any portion of the Terms is void or voidable. The arbitrator shall have the power to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be made in writing and include a statement of the key findings and conclusions, and shall be binding on both you and us. As such, the award may also be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act will govern how the Terms are to be interpreted and enforced. You and we recognize that, absent this mandatory provision, you and we would be entitled to file a lawsuit and have a jury trial. You and I also recognize that, in contrast to a court setting, an arbitration setting may have fewer restrictions on the right to discovery.

    12.4 CONFIDENTIALITY. The parties shall maintain the confidential nature of the arbitration proceeding and the Award. This includes the Hearing, except as may be necessary to prepare for, or, conduct the arbitration hearing on the merits except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award, its enforcement thereof, or unless otherwise required by law or judicial decision. You may visit https://www.jamsadr.com/adr-rules- procedures to access the JAMS rules governing the arbitration.

    12.5 Punitive Damages. In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not entitled to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.

    12.6 Arbitration, Class-Action Waiver, and Jury Waiver. Further, you and we agree to expressly relinquish our respective rights to bring a class action or seek redress on a collective basis, and further agree that any arbitration will be conducted solely in our individual capacities and not on a class basis. The arbitration provision outlined above shall be deemed null and void in its entirety, and you and we shall be deemed to have not agreed to arbitrate disputes if any court or arbitrator decides that the class action waiver outlined in this paragraph is invalid or unenforceable for any reason or that arbitration can proceed on a class basis.

    12.7 Arbitration Rules. You may visit the JAMS site here to access the rules governing the JAMS Mediation process here: https://www.jamsadr.com/international-mediation-rules/

    12.8 Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

    12.9 Fees. If you commence arbitration and the filing fee for the arbitration exceeds $250 U.S. dollars, we will pay the additional cost. You should submit a request for payment of fees to JAMS along with your form for initiating the arbitration if we are required to cover the additional cost of the filing and we will pay all necessary fees directly to JAMS. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. Other than expenses incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not amounting to fees or amounts payable to JAMS, we will be responsible for paying all additional arbitration costs incurred in connection with the arbitration. If you lose the arbitration, you won't be responsible for paying our fees and costs. Additionally, we will reimburse JAMS for any portion of the $250 filing fee that exceeds what you would otherwise be required to pay to file a lawsuit in court.

    12.10 Authority of the Arbitrator. The arbitrator will decide on the arbitrator's jurisdiction in addition to your and LUEXCO's rights and obligations if any. The dispute will not be combined with any other issues, cases, or parties. The arbitrator shall have the power to grant motions that would dispose of all or part of any claim or dispute. The arbitrator shall have the power to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the rules of the arbitral forum, and the Terms. The arbitrator will publish a written award and statement of the decision outlining the key findings and conclusions that served as the foundation for the award, as well as the amount of any damages that were determined to be appropriate. The arbitrator has the same power to grant specific relief as a judge in a court of law. You and LUEXCO must abide by the arbitrator's decision, which is binding.

    12.11 Waiver of Jury Trial. You and LUEXCO waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. You and LUEXCO are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and LUEXCO over whether to vacate or enforce an arbitration award, You and LUEXCO waive all rights to a jury trial and elect instead to have the dispute be resolved by a judge.

    12.12 Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. Notwithstanding any other provision of this Agreement or the Arbitration Agreement, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator.

    12.14 Small Claims Court. Notwithstanding the foregoing, either you or LUEXCO may bring an individual action in small claims court.

    12.15 California Residents. Any party may file a lawsuit for a claim arising under California's Private Attorneys General Act, despite the parties' agreement to arbitrate all disputes. If you are a California resident, per Cal. Civ. Code § 1789.3, you may report complaints to the Georgia Department of Consumer Affairs via email at: https://consumer.georgia.gov/resolve-your-dispute/how-do-i-file-complaint/consumer-complaint-form#no-back

    12.16 Opt-out. You may opt out of this Arbitration Agreement. If you do so, neither you nor LUEXCO can force the other to arbitrate. To opt out, you must notify LUEXCO in writing no later than thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your LUEXCO site username and the email address you used to set up your LUEXCO account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must email the opt-out notice to legal@luexco.com.

    12.17 Exclusive Venue. Unless the parties agree otherwise and with exception of small claims court actions which may be brought in the county where you reside, you and we agree that any litigation between you and us shall be brought exclusively in state or federal courts located in Georgia to the extent the arbitration provisions set forth above do not apply or if you have opted out of arbitration. For any legal action outside of small claims court, both you and we expressly agree that Georgia will have sole jurisdiction. You and we agree to waive any right to a jury trial in any legal action involving the Terms or the Services, to the fullest extent permitted by law, with the exception of situations where such a waiver is prohibited by the relevant statute of limitations.

    2.18 Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.

    12.19 Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with LUEXCO.

    12.20 Choice of Law. Except to the extent they are preempted by U.S. Federal Law, per the Laws of the State of Georgia, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort or otherwise) arising out of or relating to these Terms or their subject matter.

    12.21 Severability. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

    13. LEGAL TERMS

    13.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

    13.2 Entire Agreement; No Waiver. These Terms, together with our Privacy & Cookie Policy, and any other legal notices published on the Site or Apps, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

    13.3 Indemnification. You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each from all third-party claims and costs (including reasonable attorneys' fees) arising out of or related to:

    (1) your use of the Services;

    (2) your conduct or interactions with other users of the Services;

    (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

    13.4 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.

    13.5 Applicable Law. If you are a resident of the United States, the laws of the United States will govern how you use our site and any contracts you enter into, in order to purchase products through it.

    14. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA POLICY

    We respect the intellectual property rights of others just as we expect others to respect ours. We encourage you to send us a copyright takedown request notice if you think that any content on the Company or any of its links infringes on your copyright. To do so, kindly send us the following information in an email to: legal@luexco.com.

    Your notification of the infringement should include the following:

    • identify the copyrighted work that you claim has been infringed along with any copyright registration;
    • identify the material or link on our Services that you claim is infringing your copyrighted work;
    • provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
    • include in the body of your notice the following statement, followed by your electronic or physical signature: "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

    In response to all such notices, we will take appropriate action, such as removing the infringing material or blocking all links to it. If a visitor is found to have repeatedly violated the copyrights or other intellectual property rights of the

    Company or others, we may, under our policies, in our sole discretion terminate that visitor's access to and use of the Services. We shall not be obligated to refund any amounts previously paid to us in the event of such termination.

    15. BUSINESS TRANSFERS

    If the Company or substantially all of its assets, were acquired, or in the unlikely event that the Company or its affiliates go out of business or enter into bankruptcy, user information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of the Company may continue to use your personal information for the same purposes that we have previously obtained your consent. For more information, please see our Privacy & Cookie Policy.

    16. CONTACT US

    Regarding these Terms or our privacy practices, we appreciate your questions and comments. You can email us whenever you want at legal@luexco.com or through our chat feature.

    Someone purched a8 minutes ago from San Diego, CA, USA
    Someone purched a9 minutes ago from Dallas, TX, USA
    Someone purched a10 minutes ago from San Jose, CA, USA
    Someone purched a11 minutes ago from Austin, TX, USA
    Someone purched a1 minute ago from Jacksonville, FL, USA
    Someone purched a2 minutes ago from St. Pierre & Miquelon
    Someone purched a3 minutes ago from Andorra la Vella, Andorra
    Someone purched a4 minutes ago from Vienna, Austria
    Someone purched a5 minutes ago from Copenhagen, Denmark
    Someone purched a6 minutes ago from Helsinki, Finland
    Someone purched a7 minutes ago from Berlin, Germany
    Someone purched a8 minutes ago from Gibraltar
    Someone purched a9 minutes ago from Athens, Greece
    Someone purched a10 minutes ago from Budapest, Hungary
    Someone purched a11 minutes ago from Reykjavik, Iceland
    Someone purched a1 minute ago from Dublin, Ireland
    Someone purched a2 minutes ago from Vaduz, Liechtenstein
    Someone purched a3 minutes ago from Luxembourg City, Luxembourg
    Someone purched a4 minutes ago from Valletta, Malta
    Someone purched a5 minutes ago from Monaco

    We use cookies in order to provide you the best experience on our website. By clicking accept, you are agreeing to our terms of use, cookie and privacy policy.