Terms of service

Introduction

(02 September, 2020)

Luxewaisted (“Luxewaisted”, “we”, “us”, or “our”) is the operator of the www.luxewaisted.com website (the “Website”). This Agreement governs the use of the Website and your purchase of the products from Luxewaisted. By purchasing a product from us or simply visiting our Website, you are engaging in our “Service” and you agree to be bound by these terms describe in this Terms of Service and other policies contained on the website. This Terms of Service applies to all Users of the Website including but not limited to users who are visitors, browsers, or customers of the Website (collectively called the “Users”).

Please read this Terms of Service carefully before accessing our Website. The use of this Website indicates your acceptance of these terms. If you do not agree to any or all of the terms contained in this agreement, you must stop using the Website at once.

We may modify the terms contained within this agreement from time to time. We reserve the right to modify, update, or alter these terms without prior notice to you. We will notify you of any updates by updating the “Last Updated” date which can be found at the top of the page. You are advised to periodically review these terms of service to remain informed of any changes to this agreement. Any access or use of this Website after the changes go into effect shall be deemed your agreement to the revised terms.

License and Access

Subject to your compliance with these Terms of Service, Luxewaisted grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully recoverable license to access and make non-commercial use of Luxewaisted Services. The license to access our Website is solely for shopping for products for personal use and not for any commercial use or use on behalf of any third party unless expressly permitted by our in our sole discretion. The license granted herein does not include any use or resale of Luxewaisted Service or its contents including but not limited to copyrights, trademarks, logos, designs, texts, images, or any use of data mining, robots (bots), or other similar data mining tools.

Luxewaisted reserves the right to, at any time and without prior notice, suspend or terminate this license, terminate accounts, and/or cancel orders in our sole discretion for any reason including but not limited to if we decide that your actions violate these Terms of Service or are harmful to our interests.

Website Images

While we try to be as accurate as possible in the representation of the colors, sizes, and images of our products, there may be some slight variations in color on your computer screen. We do not guarantee that the display of your computer and/or mobile device will accurately display the color of the product as listed on the website but we will do our best to make sure all items supplied are as close as possible to the Website description.

User Obligations

By making use of this Website and agreeing to this Terms of Service, you represent that you are at least 18 years of age or the legal age of majority in your state or province of residence. You also agree to abide by all applicable laws with respect to your use of the Website. You also represent that at all times, the information you submit to the Website shall be true, complete, and accurate. When you register for an account on our Website, we may require you to attach an email and password to the account. You are solely responsible for any activity that takes place on your account and you must ensure your password is kept secure at all times. We recommend using a combination of upper and lower case letters, symbols, and numbers as passwords when creating an account.

Accuracy of Billing and Account Information

All purchases made through this Website are subject to our acceptance. We reserve the right to, in our sole discretion, refuse any order to place with us for any reason. We may, in our sole discretion, restrict or cancel orders purchased per person, per household, or per order. In the event that we cancel your order, we will notify you via the email address or phone number that you submitted at the time the order was placed. We reserve the right to reject orders that we believe to be, in our sole judgment, orders placed by dealers, distributors, or resellers who intend to resell the products. You agree to promptly update your account information and payment information so that we can complete your transactions and contact you as needed.

Third-Party Links

The Website may contain links to third-party websites that are not affiliated to us. Linking to these third-party websites does not denote approval or endorsement by us and we expressly disclaim any responsibility for the contents of the third-party websites, the accuracy of the information, the purchase of products, services, resources, or any transactions made in connection with any third-party website. You are advised to carefully review the policies and practices of these third-party websites and make sure that you understand and agree with them before you engage in any transaction.

Copyrights and Trademarks

All contents included in the Website or made available through Luxewaisted such as text, graphics, logos, button icons, images, and software is the property of Luxewaisted or it content supplies and the compilation of all such contents is the exclusive property of Luxewaisted and is protected by the United States and international copyright laws, as applicable.

Additionally, graphics, page headers, logos, buttons, icons, and scripts included in the Website or made available through Luxewaisted are trademarks of Luxewaisted in the United States and other countries. Luxewaisted strictly prohibits the use of any of our intellectual property without our express permission. Luxewaisted trademarks and other intellectual property may not be used in connection with any other product or service that is not ours, in any manner that may disparage or discredit us or cause confusion among our customers. All other trademarks on the Website not owned by Luxewaisted are the property of their respective owners, who may or may be affiliated with or connected to Luxewaisted. You may not use any of our trademarks or service marks in meta tags without our express written permission.

Product Descriptions; Typographical Errors; Website Content

At times, our Website may contain information that contains typographical errors, omissions, or inaccuracies that may relate to product descriptions, offers, pricing, shipping charges, and availability. We reserve the right to correct any inaccuracies, errors, or omissions, and to change or update the information or cancel orders without prior notice if any information on the Website is inaccurate at any time.

We are under no obligation to update, amend, or clarify information on the Website or its Service, including without limitation, pricing information, except as required by law.

Prohibited Activities

As a User of our Website, you represent and agree not to engage in the following prohibited activities:

  1. copying, distributing, or disclosing any part of the Website in any medium;
  2. using “robots”, “spiders”, “offline readers”, etc, to send multiple request messages to the Website server in a manner that a human cannot reasonably produce in the same period of time by using a conventional online web browser;
  3. sending spam or any unsolicited email;
  4. attempting to compromise the system integrity or interfere with the security or decipher any communications to or from the servers running the Website;
  5. uploading viruses, worms, or other malicious software agents through the Website;
  6. collecting or harvesting any personal information from the Website;
  7. using the Website for any commercial purpose.
  8. impersonating another User or conducting fraud, hiding or attempting to hide your identity;
  9. accessing any content on the Website through using malicious technology; or
  10. any unlawful purpose.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXEWAISTED, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL LUXEWAISTED BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUXEWAISTED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. LUXEWAISTED’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LUXEWAISTED’S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LUXEWAISTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless Luxewaisted, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use and access of the Website, your non-compliance with these Terms of Service, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is judged to be unlawful, illegal, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be deleted and such determination shall not affect the validity and enforceability of the remainder of these Terms of Service.

Entire Agreement

In the event that Luxewaisted fails to exercise or enforce any right or provision of these Terms of Service, it shall not constitute a waiver of such right or provision. These Terms of Service and any policies posted by us on this Website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, between you and us.

Governing Law

 The Site is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the STATE of CALIFORNIA without giving effect to any choice or conflict of law provision or rule (whether of the STATE of CALIFORNIA or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the STATE of CALIFORNIA.

Contact Us

In order to resolve a complaint regarding the website or to receive further information regarding the use of the website, you can send us an email at luxewaisted@gmail.com or P.O. Box 21 La Verne, Ca. 91750.

Questions about the Terms of Service should be sent to us at luxewaisted@gmail.com.

 


Brand Ambassador Terms & Conditions


Thanks for considering our brand ambassador program! Since we don’t know every one of our ambassadors personally, we’ve created some terms to set everybody’s expectations. 


When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Luxe Waisted.


When we say “Services”, we mean any product created and maintained by the Company.


These terms may be updated at any time in the future. We will update you via email. 


Please read this document in its entirety before accepting to become a brand ambassador of the Company.

Eligibility

To become an ambassador of the Company, you must:

  • Be 18 years of age or older
  • Have read, understood, and agreed to these terms. 
  • Be in good standing with the Federal Trade Commission (FTC) 
  • Own social media accounts

Engagement

As a brand ambassador of the company you agree to:

  • Create, post, and share content that promotes the Company’s services
  • Promote your unique promo code to increase sales for the Company
  • Collaborate with other ambassadors when required 
  • Occasionally attend events, if requested by the Company. 

Restrictions

As a brand ambassador you agree not to:

  • Make any guarantees, representations, or warranties on behalf of the Company, other than the ones provided in the marketing material. 
  • Spam or promote the Company in a way that violates any laws or regulations. 
  • Promote the company in any sexually explicit, violent, political, discriminatory, unlawful, threatening, illegal, or otherwise objectional content - subject to the sole direction of the Company. 
  • Use the company’s brand, image, or likeness on your own website, creating customer confusion 
  • Run any paid advertising with your promotional codes 
  • Engage in any fraudulent activity that would artificially affect any social media metrics such as, but not limited to, likes, follows, shares, and views. 
  • Create multiple ambassador accounts or use more than one promo code. 
  • Misrepresent or modify the price of the Company’s services 


The Company reserves the right to request removal or modification of any Ambassador content in its sole discretion. 


Disclosure

The ambassador agrees to disclose the material connection between them and the Company. 


The ambassador may used text such as “#sponsored” or “#ad” to disclose this relationship. 


The disclosure should be clear and follow all guidelines by the Federal Trade Commission (FTC)

Compensation

The ambassador will be paid X% of every sale generated through their promo code. 


This percentage is subject to change by the Company at any time. 


The ambassador is solely responsible for any and all tax obligations. 


Intellectual Property Rights

Ambassador content:

The ambassador grants the Company a worldwide, irrevocable, sub-licensable, non-exclusive license to use the content the ambassador creates to promote the Company’s services, in any manner, in whole or in part, in perpetuity. This includes, but is not limited to, social media, advertising, publications, marketing material, or any other form of media.


The company content:

The company grants the ambassador a non-exclusive, non-transferable, revocable, limited license to use the Company's name, logo, slogans, promo codes, likeness, and other advertising material solely for the purpose of this ambassador agreement. The company retains all rights to their content. 

Termination

The company may terminate the relationship with the ambassador at any time for any reason with or without cause. 


The ambassador may terminate the relationship with the company with written notice of 30 days. 

Non-Compete

While an ambassador of the Company, the ambassador may not promote or advertise competing products. 

Liability Limitations

You expressly agree and understand that the Company shall not be liable to you or any third party for any direct, indirect, consequential or any other damages including, but not limited to, damages for loss of profit, goodwill, or other intangible losses resulting from the ambassador program. 




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