|Book A Consulation|
Luxeoutdoorliving.com Online Terms of Service
Last Updated: December 5, 2021
Please note that all calls with the company may be recorded or monitored for quality assurance and training purposes.
AGREEMENT BETWEEN USER AND LUXE OUTDOOR LIVING, LLC. - PLEASE READ
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS WEBSITE www.luxeoutdoorliving.com ON THE WORLD WIDE WEB (THE “SITE”) OF AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
Luxe Outdoor Living, LLC. (“Luxe”) provides “The User” with access to its content, resources, tools for communication, commerce platforms, and other services through its network of websites, “The Service”. Luxe provides its service to the user, subject to the following Terms of Service.
Luxe is not responsible for providing you access through facilities or equipment (in any form) to its service. You also understand and agree that Luxe makes no assertion about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services and related graphics contained within the Service for any purpose. The Service is provided “as is” without warranty of any kind. Luxe hereby disclaims all warranties and conditions with regard to the Service.
This website and our services are only available to those individuals who are 18 years of age or older and who live in the United States. If you are younger than 18 years old and/or live outside of the United States, please leave this website.
Disputes pertaining to this website and our services are determined by arbitration. Please see the arbitration and class action waiver provisions below.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Service is provided to you, “The User”, under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by Luxe as part of the Terms of Service and related disclosures which are cumulatively included herein by reference.
Luxe reserves the right to change any of the terms, conditions, and notices under which the Services are offered. You are responsible for regularly reviewing these terms and conditions, including changes/modifications if any incorporated by us from time to time. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION TO THE SERVICE
Luxe reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice to “The User” at any time and from time to time. “The User” agrees that Luxe shall not be liable to “The User” or any third party for any modification or discontinuance of the Service.
The Service may include e-mail services, message boards, chat areas, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Tools for Communication”). You agree to use the Tools for Communication only to post, send and receive messages and material that are proper and, when applicable, related to the particular tool for Communication. You also hereby agree that you shall not make use of “The Service” for any commercial purpose, including reselling and/or co-branding/private labeling.
As a condition of your use of the Service you, “The User”, agree to provide: (a) true, accurate, current and complete information about yourself (b) maintain and promptly update any of your personal information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Luxe has the right to terminate the user account and refuse any and all current or future use of the Service. You have also consented that Luxe has right to use your registration information to provide targeting of advertising and other service offers. This could also be used to customize the content you see, to fulfill your requests for certain products and services and to contact/inform you through e-mail or otherwise about special offers or new products.
As a condition of your use of the Service you will not use the Service for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through the Service.
You agree not to use the Service to: (a) Obstruct or hinder the use and enjoyment of the Service by other Users; (b) Violate any applicable local, state, national, and international laws and regulations; (c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Interfere with or disrupt the Service or servers or networks connected to the Service, or defy any requirements, regulations or guidelines of networks connected to the Service; (e) Upload, post, e-mail, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, or otherwise objectionable; (f) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service; or (g) Violate any laws.
Luxe reserves the right to terminate your access to any or all of the Services, at any time, without notice, for any reason whatsoever.
Luxe reserves the right to the extent applicable and to the extent the same is not waived through these provisions, at all times to divulge any information as it considers necessary to satisfy any applicable law, regulation, legal process or governmental request.
In view of the global nature of the World Wide Web, “The User” understands and agrees that technical processing of tools of communication is (and may be) required to send and receive messages, to correspond/conform to the technical requirements of connecting networks, to correspond/conform to the limitations of the Service, or to correspond/conform to other, similar technical requirements.
User account, password and security
As part of the Service’s registration process you will provide us with current, complete and accurate information as requested by the registration form. You will then choose a user name and password. You take total responsibility for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities that occur under your account. You agree to notify Luxe immediately of any unlawful/unauthorized use of your account or any other security violation. You agree to ensure that you exit from your account at the end of each session. You understand that Luxe will not be liable for any loss or damage in any form incurred as a result of unauthorized usage of your account, with or without your knowledge. However, you could be held liable for losses or damages incurred by Luxe or a third party as a result of your failure to comply with this clause. You also agree not to use anyone else’s account, at any time, without the prior permission of the account holder.
Terms and Conditions of Sale
To the extent that you are making a purchase online, the Terms and Conditions of Sale are available here.
LIMITATION OF LIABILITY
You expressly understand and agree that to the extent permitted, Luxe shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Luxe has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
GOVERNING LAW AND DISPUTE RESOLUTION--ARBITRATION AND CLASS ACTION WAIVER
HOW WE AGREE TO RESOLVE DISPUTES—MANDATORY ARBITRATION OF ALL CLAIMS AND DISPUTES: THIS SECTION PROVIDES IMPORTANT INFORMATION ABOUT BINDING ARBITRATION. UNLESS CLIENT OPTS-OUT OF THIS ARBITRATION AGREEMENT BY E-MAILING e-mail address WITHIN 30 DAYS OF FIRST SIGNING UP FOR SERVICES, CLIENT AND COMPANY SHALL BE BOUND BY THIS BINDING AGREEMENT TO ARBITRATE ANY CLAIMS, AND GIVE UP ALL RIGHTS TO SEEK RELIEF IN THE COURTS EXCEPT AS PROVIDED HEREIN TO ENFORCE ANY ARBITRATION AWARD. This Agreement shall be governed by the laws of the State of Florida, and any Conflict of Law provisions thereunder. In the event of any controversy, claim, or dispute between the parties arising out of or relating to this Agreement, the parties agree to resolve all issues solely through the use of binding Arbitration, governed by the rules of the American Arbitration Association (“AAA”) pursuant to the Federal Arbitration Act. Any such Arbitration shall take place within Broward County, Florida or at such other location as the parties may agree, and shall be conducted by a mutually agreed upon Arbitrator. The arbitrator shall be neutral, independent, and shall comply with the AAA code of ethics. The arbitrator or arbitration panel shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability of formation of this Agreement and of this arbitration requirement. The award rendered by the Arbitrator shall be final, binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the award made by the Arbitrator may be entered into any court having jurisdiction over the parties. If either party fails to comply with the Arbitrator’s award, the injured party may petition the Circuit Court for enforcement. The parties further agree that either party may bring claims against the other only in his/her, or its individual capacity and not as a Plaintiff or class member in any purported class action or representative proceeding. Further, the parties agree that the Arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award. This section and the arbitration requirement shall survive termination of Services or the Agreement.
CONTENT PROVIDED TO THE SERVICE
Luxe does not claim ownership of the “content” (in the form of data, text, software, music, sound, photographs, graphics, video, messages or other materials) you provide to Luxe (including feedback and suggestions) or post, upload, privately transmit, input or submit to any Luxe site or service for review by the general public. However, by posting, uploading, or making available content or any other material, or providing feedback or suggestions, you grant Luxe and its affiliate sites permission to use your submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and to publish your name in connection with your submission.
SMS and Auto Dialed Calls
By entering your contact information onto www.luxeoutdoorliving.com you expressly request to receive information via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/prerecorded voice, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to purchasing the goods or services that Luxe is offering. Standard text message rates and cellular data charges apply. You may opt-out by replying “stop” to any message that you receive.
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.