LUXE CRUSH TERMS OF SERVICE

LAST UPDATED: December 28, 2021

ACCEPTING THESE TERMS

This website is operated by Luxe Crush. Throughout the site, the terms “we”, “us” and “our” refer to Luxe Crush. Luxe Crush offers this website located at www.shopluxecrush.com, including all information, tools and services available from this site to “you” or “your”, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or selling/buying something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

If you access or use our site on behalf of a company or other legal entity, and you accept and agree to Luxe Crush Terms of Service, you declare and guarantee that you have the legal authority and capacity to act on behalf of the company or legal entity and to bind that company or legal entity to these Terms of Service. In such a case, “you” and “your” will refer to the company or legal entity.

Luxe Crush Services operate from the United States and are subject to the jurisdiction of the laws in the United States. None of our services will subject Luxe Crush to any other laws, or jurisdiction other than the United States.

By using this site, you declare that you will comply with all the applicable laws, rules, and regulations.

Any use of this site is at your own risk.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, product pricing and fees are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product and remove any Content at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Changes in Terms

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Any changes or amendments to the Terms will not apply retrospectively to disputes between you and us that arose before the date on which such revised Terms are posted, or before the date on which you are otherwise notified of such changes.

HOW TO ACCESS SERVICES

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

To access and use Luxe Crush Services you may register and open an account (your “Account”). You can create your “Luxe Crush User ID” by selecting a password and a Username. You may not elect or use a name as your Luxe Crush User ID that you do not have the right to use. You may not impersonate another person or use another person’s name with the intent to impersonate such a person.

We reserve the right to reject any Luxe Crush User ID, password, or other information that you provide when registering for an account. We may also require you to change any such information.

To process and facilitate your transactions, you need to provide us with certain personal and contact information or data, including (but not necessarily limited to) your name and e-mail address, phone number, shipping address, and billing information. 

Should you contact our customer service, we may have to request similar information to respond and assist appropriately.

When providing information, you declare that the information is accurate, complete, and current. You further undertake to maintain and update such information.

You may not transfer your Account to anyone else without our prior written consent.

You may not share your Account (including your Luxe Crush User ID and/or password) with anyone. You are responsible to protect the security of your Account, your User ID and password, and any other credentials or tools to access your Account.

You are solely responsible for any direct or indirect activity linked to your Account, including any charges or costs incurred from the use of the Services with your Account.

We reserve the right to limit or restrict your access to or use of our Services. Such restriction may include, but is not limited to, rejecting or declining any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

We reserve the right to delete, deactivate or suspend your Account and/or delete all submissions or related information submitted from your Account with immediate effect and prevent any further access to the Account, the information, and/or the Site. You agree that we will not be liable to you, or any third-party, for any such suspension or termination of your Account, our Services, or access to the Site.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

If we entertain an order from a reseller, the reseller will be subject to the following:

  1. No returns, all sales will be regarded as final sales.
  2. The use of Luxe Crush trademarks by resellers is prohibited.
  3. We reserve the right to terminate the relationship at any time without prior notice.

You are responsible and liable for obtaining, maintaining, and paying for any hardware and any telecommunications or any other services required to access and/or use the Services.

OUR SERVICES

Luxe Crush Sales Services

The total purchase price (“Purchase Price”) of any product purchased through our Service will include the purchase fee, taxes, and shipping fee as applicable to that product at the time of purchase.

When purchasing a product, you authorize Luxe Crush, or our third-party payment processor, to charge your Payment Method for the total amount of the Purchase Price immediately upon placing your purchase order.

All products are sold “as is”. We do not guarantee or offer warranties of any kind in relation to any product that you purchase through the Service. We specifically disclaim any responsibility or liability with respect to any product that you purchase.

Product and Service Listings

We are not responsible if information or images made available on this site are 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. Any reliance on the material on this site is at your own risk. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.

All prices listed for Products and Services are quoted in U.S. dollars.

The fact that a product listing, description, or image is available on our Service does not imply that we endorse the product or affiliate with the provider of the product.

Delivery

It is the User’s responsibility to provide accurate shipping and delivery information and for keeping the information on the Account up-to-date. Accurate information is necessary for timely delivery.

If the User provides us with an inaccurate, invalid, or not up-to-date shipping address, or where the User cannot securely accept delivery of the product, the User will be solely responsible for any loss, theft, or damage to the Product as a result of the incorrect or outdated shipping information.

Luxe Crush makes no guarantees as to actual delivery times. Delivery times for selected Products may vary, based on availability, the delivery address, when the order was placed, and other circumstances impacting delivery.

Users will receive an email when the Product is shipped.

The risk of loss for items shipped passes to the recipient upon delivery by the carrier.

If the intended recipient is unable to locate the confirmed delivery, Luxe Crush must be notified immediately to initiate a tracer investigation with the carrier. Tracers take 8-12 business days to complete. Luxe Crush will only be able to proceed with the resolution of a lost item once the result of the tracer investigation is received.

Returns

If you are not satisfied with your purchase for any reason, we give you the opportunity to return and receive a refund. The item must be unworn and in the original condition it was sent with all product tags attached. You must notify Luxe Crush and return your item WITHIN 14 DAYS of receipt. Please note you will be responsible for the cost of return shipping and insurance. If the item is returned within the 14-day window, you will receive a refund for the sale price (original shipping fees will not be refunded). If the item is not returned within the 14-day window, you will not receive a refund. Email info@shopluxecrush.com requesting a return. You will be emailed a pre-paid shipping label. Re-package your item in all the original packaging and mail back to Luxe Crush using the pre-paid label. Please note the cost of return shipping will be deducted from your refund. Also, designer handbag returns do require signature at delivery. Please note Luxe Crush is not responsible for returns lost in transit, so insurance is highly encouraged.

All refunds/credits will only be issued to the original Payment Method.

The original shipping fee is non-refundable.

Without exception, returns will only be accepted under the terms of this policy.

FINAL SALE items are not eligible for any return or refund.

BILLING AND PAYMENTS

You agree to provide current, complete and accurate purchase and account information for all purchases made at Luxe Crush. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If your credit card is canceled for any reason, e.g. theft or loss, or if you become aware of any potential breach of security of your Payment methods or Account, such as the unauthorized disclosure or use of your User ID or Password, you agree to promptly notify Luxe Crush and update your Payment Method. Any changes to payment information can be updated in your Account Settings.

Payments

Luxe Crush uses a third-party payment processor (the “Payment Processor”) to bill Users for any Paid Services. A payment account is linked to the User’s account (your “Billing Account”).

By using Paid Services, the User agrees to pay Luxe Crush all charges at the then-current prices for any use of such Paid Services, through the Payment Processor in accordance with the applicable payment terms. The User further authorizes Luxe Crush, through the Payment Processor, to charge the chosen Payment Method.

Luxe Crush is not responsible for errors by the Payment Processor. We reserve the right to rectify any errors by the Payment Processor. We further reserve the right to correct any mistakes by us or the Payment Processor even if we, or our Payment Processor, have already requested or received payment.

If Luxe Crush does not receive payment from the User through the Payment Processor, the User agrees to pay all outstanding amounts on the Billing Account upon Demand.

Luxe Crush reserves the right to take all necessary steps to collect outstanding amounts due from the User, including, but not limited to legal action and/or using a third-party collection agency.

When providing Luxe Crush with a landline or cell phone number, the User gives consent to us, our agents, and/or our collection agents to contact the User on these numbers, or on any other number that is later acquired for the User. The User further consents that we or our agents may leave a live or pre-recorded message regarding any account or services. Calls may be delivered by an autodialer.

The User is solely responsible for any fees charged to the User’s payment method by the issuer, bank, or financial institution, including, but not limited to any overdraft, insufficient funds, and exceeding the credit limit fees.

The User agrees to notify Luxe Crush about any billing issues or discrepancies within ninety (90) days after they first appear on the Account statement. You agree that failure to notify Luxe Crush within 90 days amounts to a waiver of your rights to dispute such issues or discrepancies.

PROGRAMS AND PROMOTIONS

Promotions

Any promotion providing access to a Paid Service must be used within the specified time.

Any promotion, in whatever form, made available through this Services may be governed by separate rules from this Agreement. If you choose to participate in any Promotion, you have to review the applicable rules, as well as our Privacy Policy. If there is a conflict between the Promotion rules and this Agreement, the Promotion rules will govern.

CONTENT

Our Content

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

User Content, Feedback and Other Submissions

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

YOU UNDERSTAND AND AGREE THAT ANYONE WHO ACCESSES THE SITE, OR ANY MEMBER WHO CONDUCTS ANY TRANSACTION THROUGH THIS SITE, DOES SO AT THEIR OWN RISK.

Members have limited permission to link to www.shopluxecrush.com and may only do so if the link does not damage or take advantage of Luxe Crush’s reputation in any way. If linked, you may not in any way suggest that Luxe Crush endorses, approves, or associates with your product, except with our express permission in writing. If requested to do so, you agree to immediately remove any links to www.shopluxecrush.com upon receiving notice.

YOU AGREE TO NOT DO ANYTHING THAT COULD CREATE A FALSE IMPRESSION THAT LUXE CRUSH ENDORSES YOU, OR PARTNERED WITH YOU, OR THAT YOU ARE ACTING ON BEHALF OF, OR FOR THE BENEFIT OF LUXE CRUSH. THIS INCLUDES AGREEING TO NOT USE LUXE CRUSH’S INTELLECTUAL PROPERTY IN ANY INAPPROPRIATE MANNER.

Ratings and Reviews

Luxe Crush is not liable or responsible for any ratings and reviews, or any claims, liabilities, or losses that may result from ratings or reviews. Our Service allows Members to post reviews and ratings and any reviews or ratings posted by Members are considered User Submissions which are governed by these Terms.

Ratings and reviews are not endorsed by Luxe Crush and do not represent the views of Luxe Crush or any partner or affiliate of Luxe Crush.

Luxe Crush reserves the right to without notice, remove, modify, or exclude any rating and/or review for any reason at any time.

Errors, Inaccuracies, Omissions and Delays

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

You acknowledge that the Service may occasionally become unavailable due to maintenance, malfunction of equipment, or any other reasons. You agree that Luxe Crush will not be liable for any such delays, inaccuracies, omissions, or unavailability.

Use Restrictions

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You further state, agree, and warrant that you will not post, upload, share, store or make available in any manner any User Submissions, or access or use the Content, Products or Services, or interact with the Services in a manner that:

Contains and exposes other Members’ personally identifying information, including, but not limited to names, phone numbers, mailing addresses, emails and URL’s, or

Posts or shares any form of solicitation, including, but not limited to advertising, promotional material, solicitation of credit card numbers, solicitation for sponsors, or promotion of raffles or competitions or any other businesses or services.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) protects copyright.

If you believe in good faith that material available on the Service infringe your copyright, you or your agent may notify Luxe Crush in writing by mail or email, and request Luxe Crush to remove such material or block access to it. Similarly, if you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may under the DMCA send a counter-notice to Luxe Crush.

Notices and counter-notices must comply with the then-current statutory requirements of the DMCA.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Materials

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

The security of your information is important to Luxe Crush. We may, however, provide your personal information to third parties who provide certain services, including, but not limited to delivery and payment processing.

Luxe Crush reserves the right to disclose any information in our possession if we believe that we are legally required to do so to protect or defend our property rights, or to respond to an emergency. You agree that in such circumstances we may do so without notice to you.

While we make every reasonable effort to safeguard the confidentiality of your information, you acknowledge that the Internet and other e-commerce channels are not totally secure. You further acknowledge that due to the possibility of transmission errors, hacking, or other unauthorized third-party activities, Luxe Crush cannot guarantee that personal data transmitted to us will remain secure.

If we become aware of any security breach, we will act in accordance with our legal obligations and ability to determine the scope of the breach and make all legally required disclosures. We will do what is required to restore the integrity of the system and to enforce the laws.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Luxe Crush, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

MISCELLANEOUS

Consent to Receive Periodic Messages

By using the Service, the User agrees to receive communications from Luxe Crush, including text messages to the phone number provided by the User. Communications can be through an automated telephone number dialing system and may include informational text messages to notify Users about the status of orders, sending reminders, facilitating secondary authentication, and/or providing any other transactional information.

Your mobile carrier may charge standard messaging and data rates for text messages sent to you by Luxe Crush and you agree that you are solely responsible for any such charges, fees, and costs.

By signing up for Luxe Crush you consent to receive marketing and advertising communications, including emails, from us from time to time, unless you specifically notify us that you wish to opt-out of such communication.

You agree to have receive notices from Luxe Crush at the email address you provided. You agree that upon sending an email to the email address you provide; Luxe Crush has satisfied its obligation under this section.

Members are advised to check their spam folders from time to time to check that Luxe Crush emails were not misdirected. Luxe Crush is not responsible for any emails that you may not receive due to misdirection by your email provider.

Indemnification

You agree to indemnify, defend and hold harmless Luxe Crush and 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 breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Assignment

A User may not assign, delegate or transfer these Terms or any rights or obligations under these Terms, or the User’s Account, by law or any other way, without Luxe Crush’s prior written consent.

Luxe Crush may transfer, assign or delegate these Terms and their rights and obligations (in whole or in part) without the User’s consent or notice.

Choice of Law

These Terms of Service are governed by the laws of the United States, including federal arbitration law, and the laws of the State of Texas. These Terms will be construed under these laws.

BY ACCEPTING THIS AGREEMENT AND USING THE SERVICES, YOU CONSENT TO THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS OF DALLAS COUNTY, TEXAS, FOR ANY COURT ACTION OR PROCEEDINGS DEEMED NECESSARY BY LUXE CRUSH TO COLLECT AMOUNTS DUE TO THEM, OR TO RECOVER ITS PROPERTY, AND/OR TO PROTECT LUXE CRUSH AGAINST THEFT OR FRAUD.

LUXE CRUSH HAS THE SOLE OPTION TO CHOOSE TO COMMENCE COURT ACTION OR PROCEEDINGS FOR ANY OF THE ABOVE REMEDIES IN THE FEDERAL OR STATE COURT IN THE STATE WHERE THE USER RESIDES OR IN THE STATE WHERE THE PROPERTY IS LOCATED.

Arbitration Agreement

Subsections (a) to (f) below constitutes the Arbitration Process and are referred to herein as the “Arbitration Agreement”. Please read the Arbitration Agreement carefully.

It requires the User to enter into Arbitration with Luxe Crush for certain disputes and claims and it limits the manner in which a User can seek relief from Luxe Crush.

The User and Luxe Crush acknowledge and agree that for the purposes of any dispute relating to, or arising from, the subject matter of these Terms, Luxe Crush’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms.

When the User accepts these Terms, the User agrees that the Personnel will have the right to enforce these Terms against the User as third-party beneficiaries.

(a)Arbitration Rules/Applicability of Arbitration Agreement

The parties shall use their best efforts to settle any disputes, claims questions, or disagreements arising out of or relating to the subject matter of these Terms. The parties shall enter into good-faith negotiations and only if such negotiations do not resolve the dispute, shall the parties initiate arbitration. The dispute shall then be settled by arbitration.

Under the Consumer Arbitration Rules of the American Arbitration Association, the arbitration shall proceed in English.

The arbitrator’s decision shall follow the terms of this Agreement and will be final and binding on the parties in accordance with this Arbitration Agreement.

Notwithstanding the above, the User may bring any issues to the attention of federal, state, or local agencies and if the law allows, they can seek relief against Luxe Crush on your behalf.

(b) Class Action Waiver

Class arbitrations and class actions are not permitted under these Terms. You agree that any arbitration under these Terms will be on an individual basis and you agree to give up the ability to participate in a class action.

Notwithstanding anything to the contrary in this Arbitration Agreement or any other provision of these Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or validity of the above class action waiver may only be resolved by a civil court of competent jurisdiction and not by an arbitrator.

If a portion of the class action waiver was held enforceable, that portion shall be enforced in arbitration.

The arbitrator may not join more than one person’s claim with your claim unless you and Luxe Crush agree.

The arbitrator may not preside over any form of a class or representative proceeding.

The arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief for the party’s individual claim.

(c) Small Claims Court/Infringement

Nothing in the above-mentioned obligation to resolve disputes using arbitration, prevents you or Luxe Crush from filing a claim, if it qualifies, in the Small Claims Court of Dallas County, Texas, or in any United States County where you live or work.

In addition, you and Luxe Crush have the right to pursue injunctive or other equitable relief from any court of competent jurisdiction, at any time to prevent an actual infringement or threatened infringement, violation, or misappropriation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial

The parties agree to waive the right to trial by jury and instead, choose to submit disputes and claims to arbitration for resolution.

All disputes arising out of or related to these Terms or any aspect of the relationship between the User and Luxe Crush, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal premise, will be resolved by arbitration, except for disputes that qualify for Small Claims Court.

Any disputes arising out of or relating to the interpretation or application of this particular arbitration provision, including disputes regarding the enforceability, revocability, or validity of this arbitration provision or any portion thereof, shall be decided by an arbitrator and not by a court or judge. (This differs from the class action waiver provisions)

(e) Exclusive venue

In circumstances where the Arbitration Agreement permits either party to litigate any dispute arising from or relating to the subject matter of these Terms, in court, the Arbitration Agreement will not apply to either party.

You and Luxe Crush agree that any judicial proceedings, other than Small Claims Court actions, will be filed in the State or Federal Courts located in Dallas County, Texas.

(f) Severability

The Arbitration Agreement will survive the termination of your relationship with Luxe Crush.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, 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 severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Force Majeure

Luxe Crush will not be liable for any impairment in performance or conducting of business due in whole or in part to events or occurrence which is beyond the reasonable control of Luxe Crush. Such events or occurrence includes, but is not limited to Acts of God, labor disruptions, acts of war, terrorists, criminals, hackers, vandals, governmental decrees or controls, riots, epidemics and quarantines, communication disruptions, power failures, accidents, explosions, fires, inability to obtain or ship products, inability to obtain licenses or permits, shortages or inability to obtain supplies or raw materials, severe weather, natural disasters or catastrophic events.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

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 our Services (or any part thereof).

Entire Agreement

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.

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).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Privacy

Any information submitted through our Services is governed by our Privacy Policy.

Frequently Asked Questions

For additional information about our Services, please refer to our online FAQ section.

Contact Information

Questions about the Terms of Service should be sent to info@shopluxecrush.com.