TERMS & CONDITIONS

IMPORTANT: THESE TERMS OF USE INCLUDE AN AGREEMENT TO RESOLVE DISPUTES WITHOUT RESORT TO CLASS ACTION LITIGATION, OTHER REPRESENTATIVE ACTIONS, OR A JURY TRIAL, AS STATED IN THE “RESOLUTION OF DISPUTES” PROVISION. PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND LUX BEACH CO. THAT CONDITIONS YOUR USE OF THE SERVICES. BY USING, PARTICIPATING IN, OR ACCESSING LUX BEACH CO. SERVICES (AS DEFINED BELOW), YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE SERVICES.

ACCEPTANCE OF THE TERMS OF USE

Welcome and thank you for using the services offered by Lux Beach Co. & its affiliates ("LBC"). The following Terms of Use govern all websites including but not limited to Luxbeach.co (this Site), mobile sites, owned or operated by Lux Beach Co. including any of our content, programs, services, features, activities, and products) (collectively, the "Services").

Your privacy is important to us. We encourage you to read our Privacy Policy to understand our privacy practices, so that you understand the actions we take with respect to your personal information and may make an informed decision about using the Services. Please note that our Privacy Policy is intended to govern any and all matters related to the collection and processing of your personal information (as defined under the Privacy Policy) by Lux Beach Co. whereas these Terms of Use apply to all aspects of your relationship with Lux Beach Co. that do not fall within the scope of our Privacy Policy. You represent and warrant that all data that you provide to Lux Beach Co. is accurate.

CHANGES TO THE TERMS OF USE

We reserve the right to change these Terms of Use at any time at our sole discretion by posting revisions to the Site and/or the App. Such revisions will be effective immediately upon posting them to the Site and/or the App. You should review these Terms of Use each time you use the Services, so that you understand your rights, remedies, and obligations. Your use of the Services after such changes have been posted shall constitute your acceptance of the revised Terms of Use.

ELIGIBILITY CRITERIA, REGISTRATION, AND ACCESS TO THE SERVICES

The Services are not directed to persons under age 13 in the United States, or the equivalent age in other jurisdictions (such as 16 in the European Union). Users must be at least this age to access, use, or register for the Services. For more information regarding the collection and processing of personal information for users under this age, please visit our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement thereof, appearing via the Services are owned, controlled or licensed by or to Lux Beach Co. and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

The Content may not be used in connection with any product or service that is not Lux Beach Co's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lux Beach Co. All other trademarks not owned by Lux Beach Co that via the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lux Beach Co. Nothing appearing via the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed via the Services, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.

You are granted a limited, non-sublicensable right to access the Services to print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; 2) market, sell, or make commercial use of the Services or any Content therein; 3) systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of the Services or any Content therein; or 5) use, frame, or utilize framing techniques to enclose any portion of the Services (including the images, text, or layout/design appearing within the Services).

Any unauthorized use of the Services or the Content therein terminates any permission or license that we granted you, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Services, so long as the link does not portray Lux Beach Co, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any LuxBeachco logo or other proprietary graphic or trademark as part of the link without express written permission.

SERVICE CONTENT AND PURCHASES

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THEM ARE PROVIDED BY LUXBEACHCO. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LUXBEACHCO. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SERVICES AND THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK. LUXBEACHCO. DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, OR OTHER CONTENT REGARDING PRODUCTS DISPLAYED OR OTHERWISE AVAILABLE ON THE SERVICES ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL WEIGHTS AND SIZE DIMENSIONS ARE APPROXIMATE.

You understand that Lux Beach Co. cannot and does not guarantee or warrant that files available for downloading from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, A VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED VIA THE SERVICES OR WEBSITE LINKED TO THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATIONS ON LIABILITY

IN NO EVENT WILL LUX BEACH CO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT OF THE SERVICES, ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

In any manner that violates any applicable federal, state, local and international law or regulation;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of the Services;
In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services; or
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Lux Beach Co. or users of the Services, or may expose Lux Beach Co or users of the Services to liability.

ADDITIONAL PROHIBITED USES

You further agree not to:

Use any robot, spider or other automatic device, process, or means to access the Services for any purpose, including to monitor or copy any of the material on the Services;
Use any manual process to monitor or copy any of the Content on the Services for any unauthorized purpose without Lux Beach Co’s prior written consent;
Use any device, software, or routine that interferes with the proper working of the Services;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which any part of the Services is stored, or any server, computer, or database connected to the Services;
Attack the Services via a denial-of-service attack or a distributed denial-of- service attack; or
Otherwise attempt to interfere with the proper working of the Services.
Use of any robot, spider or other automatic device, process, or means to make purchases are subject to cancellation by Lux Beach Co. and you will be liable for purchases and fees incurred by Lux Beach Co. for any order that is improperly rejected.

ENTIRE AGREEMENT

These Terms of Use, together with any other agreements incorporated by reference therein, constitute the entire agreement, and supersede all prior written agreements, arrangements, communications and understandings and all prior and contemporaneous oral agreements, arrangements, communications and understandings, whether electronic, oral, or written, between you and Lux Beach Co. with respect to the Services.

CONTACTING US

If you have any questions about these Terms of Use, please use the contact information at info@luxbeach.co to contact us. Although Lux Beach Co. will in most circumstances be able to receive your e-mail or other information provided through the Services (including but not limited to account registrations, orders, and other submissions), Lux Beach Co. does not guarantee that it will receive all such information timely and accurately, and is shall not be obligated to read, act on, or respond to any such e-mail or other information.

Thank you!