PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR USE OF THIS WEBSITE, MAKERMESH.COM
By placing an order for products or services from this website, you accept and agree to bound by these terms and conditions. If you do not agree to these terms, do not access the Site. If You are already registered, please cancel Your account.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH LUXTOWN LLC OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
A. DEFINITIONS.
Terms not defined in this section shall have the meaning provided elsewhere in the Terms of Service.
1) “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service,”) and all other operating rules, policies, including Luxtown Privacy Policy and Luxtown Intellectual Property Policy, and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.
2) “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service.
3) “Consumer Packaged Goods” refers to Products that customers use up and replace on a regular or frequent basis offered on our Website including, but not limited to cosmetics, coffee, and supplements.
4) “Customers” refers to individuals or entities that purchase Your Products through a Sales Channel.
5) “Orders” refer to Your Products once they have been purchased by You or Your customers.
6) “Produced Orders” refer to Orders that have been completed and shipped.
7) “Products,” offered on our Website including, but not limited to self-inking stamps, wooden stamps, embossers, and accessories.
8) “Sales Channels,” or “Stores” refer to the other websites and platforms that You use to sell Your Products, including but not limited to Shopify, Woocommerce, Ebay, or Etsy.
9) “Service” is the software application accessible via the Internet to Luxtown product ordering systems.
10) “Us” and/or “We” and/or “Luxtown” refers to Luxtown, Inc., as well as our affiliated legal entities, subsidiaries, directors, contractors, licensors, officers, agents, and employees. Luxtown reserves the right to and may provide Services to you through various Luxtown legal entities depending on multiple factors, such as, but not limited to your location, region in which the transaction takes place and others.
11) “User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
12) “User Products” refers to Products created by Users adding Content using the Service. “Your Mockups” are visual representations of Users’ Products created through the Service.
13) “User-Generated Content” is Content, written or otherwise that is created or uploaded by our Users.
14) “Website” refers to Luxtown’s website located at Luxtown.com, and all content, services and products provided by Luxtown through the Website. It also includes Luxtown-owned subdomains of Luxtown.com, such as app.Luxtown.com, Luxtownapp.com and all subdomains of Luxtownapp.com such as app.Luxtownapp.com, and the use of future and current Luxtown plugins, such as those available in the Shopify App store, Woocommerce, Etsy. Occasionally, Luxtown plugin pages and websites owned by Luxtown may provide additional or different terms of service. If those additional terms conflict with these Terms of Service, the terms in the additional terms with regard to the matter in conflict shall apply.
15) “Your Content” is Content that you create or own; provided, however, that “Your Content” may not, under any circumstances, constitute ingredients or physical additions to any Products which are Consumer Packaged Goods.
16) “Branding Element” refers to an element printed on demand and added to the Order, such as, a customized logo, packaging or other.
17) “Illicit Activity” shall mean any intentional act or omission, including, but not limited to, deception, misrepresentation, or concealment of material facts, committed by a party with the purpose of obtaining an unjust advantage, causing harm or loss to another party, or securing money, property, services, or other benefits, or otherwise contrary to applicable laws and regulations. Illicit Activity may encompass various acts or omissions, such as:
a) defrauding others of money or services, which involves, but is not limited to, obtaining money or services through false pretenses, manipulation, or false promises;
b) forgery, which includes, but is not limited to, creating, altering, or using false documents, signatures, stolen or forged payment instruments or other items with the intent to deceive or defraud;
c) fraudulent misrepresentation, which includes, but is not limited to, making false statements or omitting material facts, knowing it to be false or misleading, with the intent to induce another party to rely on such statements or omissions to their detriment;
d) engaging in, facilitating or permitting any activity, directly or indirectly, that involves money laundering, proliferation or terrorism financing, circumvention of any sanctions applicable under national or international sanction regimes; and, any other acts or practices that are considered unlawful under applicable laws and regulations.
B. GENERAL.
1) These terms and conditions (these "Terms") apply to the purchase and sale of products and services through luxtown.com (the "Site"). These Terms are subject to change by Lux Town (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Privacy Policy
2) These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site. When You use Our Services and Content, You are agreeing to:
a) Our Terms of Use
b) Our Privacy Policy
c) Our Intellectual Property Policy
d) Our Refund Policy
e) And any other terms or policies we reference below.
3) Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between Luxtown and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Luxtown and You in relation to the access to and use of the Service.
4) If any provision of these Terms of Service are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
C. MODIFICATION OF THESE TERMS.
1) Luxtown reserves the right to revise the Terms of Service from time to time and the most current version will always be posted on our Website.
2) If a revision, in our sole discretion, is material we will notify You.
3) The “Last Updated” date at the top of the Terms of Service reflects the date of the last modification.
4) Your use of the Service following the effective date of any modifications to the Terms of Service will constitute your acceptance of such modification.
5) If You do not agree to the new Terms of Service, You should stop using the Service and cancel Your account.
D. SCOPE OF SERVICES.
Luxtown is a software application for Make-on-Demand bespoke product for drop shipping that integrates with your online presence. We make Products that You can select and customize with Your Content and sell to Your Customers. We maintain and create integrations with different Sales Channels so that Your Products can be easily published to your Stores. When Your Products are purchased by Customers through a Sales Channel, We are notified and then Make and deliver Your Products to the Customers.
E. REQUIREMENT FOR ACCOUNT & DATA PRIVACY.
1) To create a Luxtown Account, You may be required to provide Luxtown with certain personal information, which may include your full legal name, current address, phone number, email address, and payment information. This information will be held and used in accordance with Luxtown’s Privacy Policy. You agree that You will supply accurate and complete information to Luxtown, and that You will update that information promptly after it changes. You further agree that:
2) You shall not create an account or access the Service if You are under the age of 18;
3) You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the account on behalf of it;
4) You shall not have an account or use the Service if You have been previously removed by the Company;
5) We may reject your registration or cancel an existing registration for any reason at our sole discretion.
6) We will use the email address you provide as the primary method of communication.
7) Any harassment or insult towards Luxtown employees may result in immediate account termination.
8) You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify Luxtown if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your Luxtown Account. You are solely responsible for any and all activities performed through your Luxtown account. Luxtown will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
9) Luxtown expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein. You may terminate your account and participation as a registered user at any time from your Account Settings > Delete my data. Before proceeding with deleting your account, make sure that you have disconnected your store from the respective sales channels, unsubscribed from the business plan and removed your registered credit card. Deleting your account is irreversible and you will not be able to access the data afterwards. Nonetheless, you will still be responsible for any and all pending orders and charges.
10) You represent and warrant that you shall not conduct any Illicit Activity against Luxtown or any third party, including when using Luxtown Service or in your sales process to your own customers. Luxtown is at all times entitled to request any documents, information, or other materials reasonably necessary, including “Know Your Customer” documentation, as well as conduct an interview to verify and ensure compliance of Luxtown Terms.
11) Luxtown is at all times entitled at its sole discretion to suspend the provision of Luxtown Service entirely or in part, as well as withhold any sums payable by Luxtown to You if it reasonably believes that you have committed an Illicit Activity or otherwise breached the Luxtown Terms.
A BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULT IN AN IMMEDIATE TERMINATION OF YOUR SERVICES.
F. CONTENT RIGHTS, DUTIES & OBLIGATIONS.
1) You can only submit Content that is either Yours, or for which you have written authorization from the Content owner. You represent and warrant that any Content you submit is owned by You or that You have authorization from the Content owner to submit it. You will provide Luxtown with evidence of Your Intellectual Property Rights shall it be requested by Luxtown. More detailed information can be found in the Luxtown Intellectual Property Policy. By submitting Content, You accept those terms as well. If You believe that someone has improperly used Your copyrights or trademarks, please report it to us as set forth in the Intellectual Property Policy.
2) Luxtown grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service for Your own individual use subject to the other terms of this Terms of Service. All rights, title, and interest in and to the Service not expressly granted herein are reserved by the Company.
3) Luxtown allows You to upload and Submission Content to our Website. Anything that You request to be printed on or otherwise and/or reflected on the Products via the Services remains Your Content. You retain all rights in, other than the rights expressly granted to Luxtown below and any that you may grant to your Customers, and are solely responsible for Your Content.
4) By using the Luxtown Service, You grant Luxtown a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the Luxtown Service. By uploading content to Luxtown, you allow us to use your content for things like marketing and education of Luxtown users.
5) As a condition of use of the Service, You agree not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service and you represent and warrant that you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes in connection with your use of the Services (including the provision of Your Content), purchase of Products, and marketing, sale, and support of Customers who purchase Your Products. You represent and warrant that:
a) You shall not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
b) You shall not modify, reverse engineer, decompile or disassemble the Service.
c) You shall not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of Luxtown.
d) You shall not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under these Terms of Service.
e) You shall not circumvent or disable any technological features or measures in the services that are designed for protection of intellectual property rights.
f) You shall not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
g) You shall not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
h) You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
i) You shall not use your Account to engage in any illegal conduct.
j) You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your credit card or other payment instrument by minors.
k) You shall not use the Service to order and resell blank Products without customizing them with your artwork.
l) You shall not make any representations or warranties concerning the Products beyond what is permitted or expressly authorized by the Provider of such Products.
m) Any such forbidden use shall immediately terminate Your license to the Service.
G. REMOVAL OF CONTENT.
Luxtown may use its discretion to remove Your Content from our Service, at any time, with or without prior notice to you, if it violates any of our Terms of Service or policies or is reported to be infringing on intellectual property rights of others. Luxtown is not obligated to monitor or police Your Content. In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to termination of Your account.
1) Child Exploitation: You may not upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.
2) Harassment, Bullying, Defamation and Threats: You may not submit or upload Content that harasses, bullies, defames or threatens a specific individual.
3) Hateful Content: You may not submit or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status, promotes crimes and/or terrorism.
4) Illegal Content: You may not submit or upload Content that is obscene or that facilitates or promotes activities that go against the laws of the jurisdictions in which you operate or do business.
5) Intellectual Property: You may not submit or upload Content that infringes on the copyright or trademarks of others. Learn more at Intellectual Property Policy
6) Personal and Confidential Information: You may not submit or upload any Content that contains personally identifiable information sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
7) Self-Harm: You may not submit or upload Content that promotes self-harm.
8) Terrorist Organizations: You may not submit or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.
H. RIGHT TO MONITOR.
1) When You use the Service, Luxtown reserves the right to view, monitor, and record activity without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.
2) Due to the nature of the Internet, Luxtown cannot guarantee uninterrupted access and availability of the Luxtown Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Luxtown Service. Luxtown can improve or modify its Service and may introduce new offerings from time to time.
I. INTELLECTUAL PROPERTY.
1) Luxtown respects the intellectual property rights of others and we expect people using our Service to do the same. It is our practice—in appropriate circumstances and at our discretion—to either disable or terminate the accounts of Users who infringe or are repeatedly charged with infringing copyrights or other intellectual property rights of others.
2) Copyright and Intellectual Property Ownership. Luxtown is the sole and exclusive owner of all intellectual property rights in and to all aspects of the Service and its website including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property or proprietary rights or intangible assets recognized under any laws or international conventions. Luxtown may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice. Luxtown grants no rights to you hereunder other than as expressly set forth herein. The Site and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of Luxtown and to comply with all reasonable written requests made by Luxtown, or its third-party licensors to protect their and others' rights in the Site and materials and content made available on or through the Service. Luxtown reserves the right to request removal of Your use of the images and icons at any time.
3) Luxtown allows Users to upload Content to our Service to create User Products to sell. Subject to the terms outlined in the Luxtown Terms of Service, Users alone are solely responsible for such User’s Content. However, We retain the right, at our sole discretion, to reject the production of User Products that contain Content that we have reason to believe may be infringing copyrights or other intellectual property rights of others.
4) If You notice infringement of Your copyrights or other intellectual property rights on Luxtown, You can notify Us as follows. Please note that Luxtown cannot provide You with legal advice or representation, and We recommend that You speak with a licensed attorney in Your jurisdiction if You are seeking legal advice. If You are a copyright holder or are authorized to act on behalf of one, You may report alleged copyright infringements on the Service by completing the Digital Millennium Copyright Act (“DMCA”) Notice of Alleged Infringement (the “DMCA Notice”). In accordance with the Digital Millennium Copyright Act, which You can find on the US Copyright Office website, We will respond as quickly as we can to claims of suspected copyright infringement that are reported to via our DMCA Notice of Alleged Infringement or to copyright@luxtown.com.
5) Upon receipt of Your DMCA Notice, We will notify the User responsible for uploading the corresponding Content and will provide the User with an opportunity to respond. We will take whatever additional action we deem appropriate, which may include removing the reported content from Luxtown. Please note that it may take up to 10 business days to process, review, and act on Your request.
6) Luxtown respects the trademark rights of others. Submissions or any other content that may mislead or violate another’s trademark will need to be updated or may be permanently suspended.
7) If You are concerned that someone may be using Your trademark in an infringing way via our Service, let Us know by providing us detailed contact information, your trademark, proof of unauthorized use and proof of ownership of the trademark owned and submitting to trademarkcomplaint@luxtown.com. We will review Your complaint and take whatever action We deem appropriate, which may include temporary or permanent removal of the Content in question.
8) If You received a notification that Your Content has been removed as a result of a copyright complaint, it means another User reported that they own the rights to the Content, and requested that We reject Your Content. If You want us to forward the information from the copyright complaint notification, email us at copyright@luxtown.com to let us know. Please note that We may remove some personal contact information from the original complaint.
9) If Your Content is the subject of repeated copyright complaints, We may disable Your account altogether.
10) If You think We made a mistake by rejecting Your Content, You can file a counter-notice with Us, by following the directions and requirements below. When We get a counter-notice that includes all of the information required, We will remove the complaint from Your account’s record.
Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure You have a good faith belief that We removed Your Content in error, and that You understand the repercussions of submitting a false claim. If Luxtown is the subject of a legal cause of action on account of your false claim, You will be added to the claim and Luxtown will not be liable for such false claim. In addition, Luxtown may at its sole discretion delete Your account and refuse future service, which includes cancelling any orders that are active at the time, with no refund to you.
11) To submit Your counter-notice, email us at copyright@luxtown.com and include all of the following information:
a) Your name, address and phone number.
b) The DMCA ID found at the bottom of the notification email You received from us.
c) The web address of the Content We removed (copy and paste the link from the notification email).
d) A statement under penalty of perjury that You have a good faith belief that Your Content was removed in error.
e) A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if Your address is outside of the United States, for the Federal District of Southern Iowa located in Davenport, Iowa in which Luxtown may be found, and that You agree to accept service of process from the entity who provided the original complaint.
f) A physical or electronic signature (for example, by typing Your full name).
g) Any additional information you have showing that You own or are otherwise entitled to use the Content at issue.
12) If You received a trademark complaint notification from Us, You can contest it by emailing trademark@luxtown.com and letting Us know why You think the complaint is invalid. Please include the trademark complaint reference number from the notification. If You want Us to forward the info from the trademark complaint notification, let Us know and We’ll be glad to send it along although We may remove personal information.
13) By uploading Your Content on the Service, You represent and warrant that:
a) You either own the Content submitted by You through the Service or that You otherwise have the legal right and authority to use Your Content;
b) the submission and use of Your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
c) You agree to pay for all royalties, fees, and any other monies owed through use of Your Content on the Service; and
d) You have the legal right and capacity to enter into this Agreement.
14) If You are unsure about your rights regarding the usage of Your Content, You agree to perform all due diligence on Your part to ensure that Your Content is free and legal for You to use on the Service.
J. REFUNDS.
1) Luxtown is a Product-on-Demand company, meaning that all products are unique and fulfilled or produced only once ordered. Returns and exchanges will be provided for customers errors related to size, color, or if the ordering party changes their mind.
2) If you have an issue with your order, contact Luxtown before disputing your claim with your credit card company.
3) If you have filed a dispute with your credit card company, we will not be able to issue you a refund as well, and we cannot make any refunds or replacements until the dispute is resolved or cancelled.
4) If there are Order issues and after an investigation Luxtown offers you a refund, this will be provided in the form of a credit.
K. WARRANTY.
1) All merchandise listed on this site or in any type of Luxtown advertisement is sold “as is,” unless otherwise specifically noted, and is without warranties of any type from us, expressed or implied. We disclaim all warranties, including but not limited to, the implied Warranty of Merchantability and the implied Warranty of Fitness, for a particular purpose.
2) Luxtown disclaims any liability for product defect claims that are due to product misuse, improper product selection, and/or misapplication. Any picture, description or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages are expressly disclaimed. Luxtown liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.
3) Without limiting the generality of the foregoing, the user should not rely on any dimension, specification or installation information provided on the site, as such information may be inaccurate, incomplete, outdated and/or not applicable to your particular situation. LUXTOWN SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY SUCH INFORMATION, AND YOU, THE USER, ASSUME THE SOLE RISK OF ANY USE AND/OR RELIANCE THEREON.
4) You acknowledge that any items advertised on the site and/or sold by Luxtown are accepted "as is, where is, and with all faults." Luxtown makes no (and Luxtown expressly disclaims any) express or implied warranty or representation of any kind or nature whatsoever other than title with respect to the item including, but not limited to, any warranty that the item is merchantable, fit for any particular purpose or noninfringing. Without limiting the generality of the foregoing, Luxtown disclaims and you hereby waive, all other warranties, guarantees or liabilities, whether express, implied or statutory, including but not limited to (i) any implied warranty arising from a course of performance or dealing or usage of trade (ii) any warranty as to the condition, design suitability, operation, quality of workmanship or materials, or history or level of use, maintenance, service or repair, of the item, or (iii) any warranty as to the use, condition (including, without limitation, the absence therefrom of latent, inherent or other defects, whether or not discoverable), quality, description or specifications of the item.
L. LIMITATION OF LIABILITY.
1) YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUXTOWN, ITS OFFICER, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO LUXTOWN OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
a) THE USE OF OR INABILITY TO USE THIS SERVICE,
b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE;
c) ANY OTHER MATTER RELATED TO THE SERVICES.
2) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
M. INDEMNIFICATION.
1) You agree to indemnify and hold Luxtown and, its parent, subsidiaries, affiliates, partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
a) your breach of these Terms of Service, including your representations and warranties herein,
b) your negligence or intentional acts or omissions hereunder; or
c) your violation of any law or the rights of a third party.
N. WARRANTY DISCLAIMERS.
1) Luxtown controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations.
2) Services may not be available in Your location or may vary across locations.
3) YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. LUXTOWN, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT:
a) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
b) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
c) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
d) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
e) YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
f) SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
g) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LUXTOWN OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
h) YOU ACKNOWLEDGE AND AGREE THAT LUXTOWN IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LUXTOWN LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING PROVIDERS OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES OR THEIR PRODUCTS RESTS ENTIRELY WITH YOU.
i) YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH CUSTOMERS. LUXTOWN MAKES NO WARRANTY THAT PRODUCTS PROVIDED WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
O. ENTIRE AGREEMENT.
1) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
2) These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
3) Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party, Luxtown.
P. CHANGES TO TERMS OF SERVICE.
1) You can review the most current version of the Terms of Service at any time at this page.
2) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
3) Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
4) We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
Q. TERMINATION.
1) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2) These Terms of Service are effective unless and until terminated by either You or Us.
3) You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Service, or when you cease using our site.
4) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Service (or any part thereof).
R. MISCELLANEOUS.
1) Force Majeure. Luxtown shall not be liable for delay or failure in any of its performance hereunder or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, natural disaster, governmental regulations, communication or utility failures or the failures or acts of third parties.
2) Governing Law and Jurisdiction. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Iowa and the United States of America.
3) Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
S. CONTACT INFORMATION
1) If you have any questions about these Terms of Service, please contact admin@luxtown.com.