Terms and Conditions
TERMS OF SERVICE
Welcome to the website of LuxUnite.com located at 18117 Biscayne Blvd Suite #4105 Miami, FL 33160 (hereinafter “We”, “Us”, “Our” or “Company). We thank You (any visitor to Our web site and hereinafter "You" or "Your") for visiting Our site and considering Our products and services. Upon registration and clicking the button which states: “By checking this box and/or submitting this button, You are agreeing to this website’s Terms of Use and Privacy Policy, as well as our use of cookies”, You hereby agree to the terms and conditions of this Terms of Use (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us. Please do not use this Site if You disagree with any part of this Agreement.
These Terms of Use cover all of the websites of Fireback, LLC, dba LuxUnite and its subsidiaries and affiliates and any associated content including email, RSS and Mobile Services, as defined below. Please read this statement carefully before using proceeding to access any of the LuxUnite websites. By visiting the LuxUnite websites or downloading, installing or using any LuxUnite mobile or desktop application software or services, or other materials or services made available on, from, or through the Websites (collectively, the “Website(s)”), you signify your agreement to the terms and conditions set forth in these Terms of Use (the “Terms”) and LuxUnite’s Privacy Policy, found here and incorporated herein by reference. If you do not agree to any of these Terms or the LuxUnite Privacy Policy, please do not use the Website(s). The Website(s) are provided, controlled, operated and administered by LuxUnite from its offices within the United States of America. LuxUnite makes no representation that the Website(s) are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
To use the Website(s), you must either be (a) at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or, (b) if you are between the ages of 13 and 18/the age of majority, you must have the consent of your legal parental or guardian consent to use the Website(s). If you are under 13 years of age, please do not use the Website(s).
LuxUnite may, in its sole discretion, modify or revise these Terms and policies at any time. Unless LuxUnite makes a change for legal or administrative reasons, LuxUnite will provide reasonable advance notice before the updated Terms become effective. You agree that LuxUnite may notify you of the updated Terms by posting them on the Website(s), and that your use of the Website(s) after the effective date of the updated Terms (or engaging in such other conduct as LuxUnite may reasonably specify) constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Website(s). The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Website(s) from that point forward.
The Website(s) is a temporary free service and LuxUnite can begin charging at any time for use of any or all parts of the Website(s). LuxUnite reserves the right to discontinue any aspect of the Website(s) at any time. LuxUnite reserves the right to reclaim usernames that become inactive or on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Fireback, LLC and LuxUnite.com are not affiliated with Rolex USA and is not an official Rolex Jeweler. All other marks are the property of their respective owners.
These Terms apply to all users of the Website(s), including users who contribute User Submissions, as defined below.
SMS MARKETING SERVICE
By consenting to Lux Unite’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list.
Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages.
You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://luxunite.com/pages/contact for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions.
You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
PRIVACY POLICY
Our Customer Privacy Policy is located in the footer of our website and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand Our policies.
USER NAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your User Name and Password and that You will not share your log-in credentials with other parties. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
You do not need an account in order to access content on the Website(s); however, in order to access some features of the Website(s), you will have to create an account. You may be able to create your account using your Facebook account or other accounts. Your use of these third party services are governed by the terms of use and privacy policies of these third parties. Additionally, you may never use another’s account without permission. When creating your account, you must provide accurate and complete information. LuxUnite prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to LuxUnite upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. It is your sole responsibility to protect your password from unauthorized use. You must notify LuxUnite immediately of any breach of security or unauthorized use of your account. You agree that you will not solicit, collect or use the login credentials of other LuxUnite users.
Although LuxUnite will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LuxUnite or others due to such unauthorized use. LuxUnite will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received from your account, regardless of whether the data is actually received by LuxUnite.
PROPRIETARY RIGHTS
You acknowledge and agree that the Websites and all materials incorporated by LuxUnite on the Websites, other than the User Submissions, including, without limitation, all content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, API’s, products, software, services, and all other elements of the Website(s) (“Material”) constitute the proprietary and valuable property of LuxUnite and are protected by United States and international copyrights, patents, trade secrets or other proprietary rights and laws (“IP Rights”). Any use of the Website(s) other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by LuxUnite.
Some of the characters, logos or other images incorporated by LuxUnite on LuxUnite websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by LuxUnite or others (“Trademarks”). You agree not to use any LuxUnite Trademarks without LuxUnite’s written consent. Other trademarks, service marks, trade names, logos and other branding used and displayed via the Website(s) (“Third Party Mark(s)”) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to LuxUnite. Except as expressly provided in these Terms or in terms provided by the owner of a Third Party Mark, nothing in these Terms or the Website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of LuxUnite Trademarks displayed on the Website(s), without LuxUnite’s prior written permission in each instance. All goodwill generated from the use of LuxUnite Trademarks will inure to the exclusive benefit of LuxUnite.
COPYRIGHT
All content included on Our website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of LuxUnite.com, Fireback, LLC and is protected by U.S. copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on Our website is Our exclusive property and protected by U.S. copyright laws. Any use of such content, including the reproduction, modification, distribution, transmission, republication, or display, of the content of Our website is strictly prohibited.
PURCHASES
To make a purchase on Our website simply click on the item’s picture, choose your size where necessary, and add the item to your shopping cart. When you have completed your shopping, please click on the cart icon on the website and proceed to checkout.
Orders which total over $250.00 may be subject to verification. We require this to prevent fraudulent orders on Our website.
YOUR USE OF MATERIAL
You're right to make use of LuxUnite websites and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Material is provided to you AS IS. Modification or use of the Material or any other content on LuxUnite websites for any purpose not permitted by these Terms of Use may be a violation of the IP Rights and is prohibited.
You may access and display Material and all other content displayed on LuxUnite websites for non-commercial, personal, entertainment use on a single computer or device only. The Material and all other content on LuxUnite websites may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by LuxUnite. Any authorization to copy Material granted by LuxUnite in any part of the Website(s) for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer or device only, and is subject to your reproducing and keeping intact, and not altering, removing, modifying or suppressing, all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on LuxUnite websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
You understand that when using the Website(s), you will be exposed to Material from a variety of sources, and that LuxUnite is not responsible for the accuracy, timeliness, usefulness, or IP Rights of or relating to such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LuxUnite with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless LuxUnite, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website(s).
EXTERNAL LINK DISCLAIMER
LuxUnite websites contain links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of current news stories. Some of these sites may not be affiliated with LuxUnite.
By providing links to other sites, LuxUnite does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the LuxUnitewebsite in question.
LuxUnite does not operate or control and has no responsibility for the information, content, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Visiting any such external sites is at your own risk. We encourage our users to be aware when they leave our site and to read the terms of use and privacy statements of such external websites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
LuxUnite is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at team@luxunite.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Broward County, Florida before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which LuxUnite’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
TERMINATION POLICY
You may delete or temporarily suspend your account at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your information will be deleted from the Website(s) and our servers. If your profile is suspended or terminated, your User Submissions may not be deleted from the Website(s) or our servers.
LuxUnite may terminate a user’s account or access to the Website(s) if, under appropriate circumstances, LuxUnite determines you violated these Terms orLuxUnite’s Privacy Policy. If LuxUnite terminates your access to the Website(s)or you delete your account, your User Submissions, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Website(s). Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
LuxUnite reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, illegal or offensive content.LuxUnite may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or bar any further access to such files or the Website(s). Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website(s), may be referred to appropriate law enforcement authorities.
In accordance with the DMCA and other applicable laws, LuxUnite has adopted a policy of terminating, in appropriate circumstances and at LuxUnite’s sole discretion, users who are deemed to be repeat infringers. LuxUnite may also at its sole discretion limit access to the Website(s) and/or terminate the accounts of any users who infringe any IP Rights of others, whether or not there is any repeat infringement.
WARRANTIES
THE MATERIAL DISPLAYED ON THIS WEBSITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS, OR WARRANTIES AS TO ITS ACCURACY. UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW WE AND OUR SUPPLIERS, CONTENT PROVIDERS, AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE OR THE LINKED WEBSITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, OR ANY OTHER LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF OUR PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. OUR PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FURTHERMORE, IF A THIRD PARTY SHALL SURREPTITIOUSLY ENTER OUR WEBSITE THROUGH THE USE OF A MEMBER’S LOG-IN OR OTHERWISE, THEY WILL HAVE NO RIGHT OF STANDING IN ANY ACTION AGAINST US.
INDEMNIFICATION
You hereby warrant that You will not use the information provided by Us in violation of any International, Local, State, or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of International, Local, Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
FORCE MAJEURE
We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire, or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel, or utilities or for any other cause beyond Our control.
ASSIGNMENT
You may not assign the rights or obligations under this Agreement.
BUYER’S STATEMENT
ENTIRE AGREEMENT
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
DISPUTES
In the event of a dispute with Us You agree to attempt to resolve the dispute by contacting Us at team@luxunite.com and entering into a resolution discussion prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. This Agreement and Your use of Our website are governed by the laws of the State of Utah, and the courts of general jurisdiction located within Broward County, Florida, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
GENERAL
You agree that: (i) the Website(s) shall be deemed solely based in Florida; and (ii) the Website(s) shall be deemed a passive web site that does not give rise to personal jurisdiction over Fireback, LLC, either specific or general, in jurisdictions other than Florida. These Terms shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with the Website(s) shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Broward County, Florida and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves. These Terms, together with the Privacy Policy here, the Copyright Policy here any other legal notices published by LuxUnite on the Website(s), shall constitute the entire agreement between you and LuxUnite concerning the Website(s). If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and LuxUnite’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LuxUnite without restriction. YOU AND LuxUnite AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SEVERABILITY
If any provision, or portion thereof, of this Agreement, is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
HEADINGS
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
AGREEMENT UPDATES
This Agreement is effective as of February 1, 2023. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Use either by email or by a conspicuous posting on Our website.
Fireback, LLC
18117 Biscayne Blvd
Suite #4105
Miami, FL 33160
+1 (305) 707-4595
team@luxunite.com