Terms of Service

Terms of Service

Last modified: February 9, 2020

 

Introduction

Please read these terms of service carefully. This is a binding contract between you and LUU Aromatherapy, Inc., a Delaware corporation (herein after “we,” “LUU,” or “Company”). The Company provides on-line retail store services for goods including specially blended essential oils for aromatherapy, electronic handheld vaporizers and various products that contain cannabidiol (cbd) (“Services”). This website is located at https://getmyluu.com/(“Website”).

These Terms of Service (“Terms”) govern your access and use of the Website and all related subdomain, and any content, functionality, and services offered on or through the Website such as text, information, images and other information or materials made available to you or by you through the Services (“LUU Platform”). “You” means any registered account holder, or any adult (over the age of 21) visitors of the Website.

If you are not at least 21 years old, you must not access the LUU Platform.

By accessing the LUU Platform, you signify your assent to both these Terms and our Privacy Policy, which is available at https://getmyluu.com/pages/privacy-policy. Changes may be made to these Terms from time to time. Your continued use of the LUU Platform will be deemed acceptance to amended or updated terms. You are encouraged to check this page from time to time so that you are aware of any changes, as they are binding on you. If you do not agree to any of these Terms, please do not use the LUU Platform.

Limited License

LUU grants you a limited license to access the LUU Platform and use the Services subject to these Terms for your lawful personal use only.

You agree not to use the LUU Platform in any way that violates any federal, state or local law or regulation or professional rule applicable to you and your use of the Services. You acknowledge that LUU may, at its sole discretion and at any time, stop providing any part of the LUU Platform or the Services without notice. You also acknowledge that LUU reserves the sole right to amend the LUU Platform and any of the Services (including any support services). You understand and agree that LUU will not be liable to you or any third party, if for any reason, all or any part of the LUU Platform or the Services are unavailable at any time or for any period. From time to time, LUU may restrict access to some parts of the LUU Platform or the Services to you, even if you are a registered user with a user account on the LUU Platform.

By accessing the LUU Platform, you represent and warrant that (a) you will provide accurate, current, and complete information when you submit registration information to LUU; (b) you will maintain the accuracy of such information; (c) you are 21 years of age or older and have the ability to form a binding contract; and (d) your use of the LUU Platform does not violate any applicable law or regulation or any obligation you may have to a third party.

You are welcome to link to the LUU Platform from your website, provided that your website does not imply any endorsement by or association with LUU.

Term

These Terms will take effect immediately upon commencement of your access of the LUU Platform and will remain in force and effect for as long as you are accessing the LUU Platform.

Product Disclaimer

LUU is a health and wellness lifestyle company, and we recommend our products for those interested in leading a holistic life. However, everyone is different, and you may have a different reaction to the ingredients of LUU’s products, and adverse reactions may occur. You are utilizing LUU’s products at your own risk.

You should not use LUU diffusers if you are concerned about a potential adverse reaction. The information provided to you on the LUU Platform, as well as statements and products referred to throughout this site has not been evaluated nor approved by the FDA.

LUU is not a medical product, and LUU is not intended to diagnose, treat, cure, or prevent any disease or condition. If you have a health condition or concern, consult a physician or your alternative health care provider. Always consult a medical doctor before using any new product. Be aware that some of the products on this site may interact with medications you may be taking. These devices should not be used as a substitute for your own physician’s advice. You should consult your own physician regarding any issues related to your health.

Physical devices similar to those from which our vapors are produced have been known to heat up excessively and/or explode and can cause damage if this happens. The physical device is dangerous if swallowed or inserted into any other body cavity and should not be permitted to be around children. The cap to the shipping/storage tube is small and can be a choking hazard. LUU cannot be held liable for any injuries or damages that occur from any such event, including from the inhalation of the vapors produced by LUU. We suggest using our products moderately with five to ten puffs a day.

LUU’s liability to you shall not exceed the amount of money you spent on acquiring LUU and shall, furthermore, not include any liability for any indirect loss, loss of profit, injury or other damages. Any suit brought against LUU based upon information on this website or based upon claims of damages from LUU shall be brought in Fresno, California and shall be governed under the laws of the State of California, United States.

You accept that, as a limited liability entity, LUU has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against LUU’s officers, employees, agents or independent contractors in respect of any losses you suffer in connection with the website or its products. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect LUU officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as LUU.

 

LUU takes no liability for misuse of our Products, nor your reliance on the information on the LUU Platform. We do not market or sell LUU to anyone under 21 years old, nor pregnant or nursing women. Allergies are rare with LUU, but we encourage you to read the list of the ingredients to ensure that you do not have a known sensitivity to any of them. If you are allergic to, intolerant of, or think you are allergic to or intolerant of any of the ingredients, or if you experience an allergic reaction, we encourage you to seek medical care and to discontinue use.

LUU diffusers should be breathed according to the instructions. We are cautious about recommending LUU to former smokers, as we don’t know if the use of a device of this nature will increase the urge to return to smoking. Keep these devices out of the reach of children and pets. The small plastic top to the shipping tube can be a choking risk to them.

People with known upper respiratory illnesses or weaknesses, such as asthma or COPD, should not use LUU’s products. Information on the LUU Platform is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Information on the LUU Platform may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.

We would appreciate being notified of any adverse event that occurs to you so we can document them here.

Note that the most frequent side effects are a dry mouth, loose stools, and irritation of the throat or eyes. Dry mouth is usually a result of inhaling the vapor of the propylene glycerin base. This is a common occurrence with all uses of PG vaporization. Many users find that this feeling of a dry mouth recedes on its own after a relatively short period, frequently measuring days or a couple of weeks. For others, they find that drinking more water can be very useful. Some upper respiratory irritation may be due to acrolein or other compounds. If you develop any significant upper respiratory irritation, you should discontinue using LUU immediately. Please note that as the liquid in the device is used up, the blend of the invention will change, and it may taste bitter or stale. This is a clear indication that the useful life of the product is over and that you should discontinue using that specific diffuser.

You may find that you have a looser stool than usual when first starting with LUU, or you may find a bit of nausea or an upset stomach. In most instances, this, like dry mouth, is transitory. While LUU has not been notified of all of these potential effects, other reported adverse effects from PG are aches, wheezing, swelling of the tongue, and gastroenteritis. Again, should you experience any of these issues, you should discontinue using LUU and seek medical attention should the severity of your condition warrant it.

Should you have any questions, please do not hesitate to contact LUU by emailing support@getmyluu.com.

 

Account Registration

You may register for an account with LUU by creating an account as a Registered User of the LUU Platform (“LUU Account”).

 

You may also choose to not register for an account with LUU and access the LUU Platform as a guest user. However, in order to access some of the Services on the LUU Platform, you must be a Registered User that has a LUU Account.

 

To be a Registered User, you are required to create a username and a password that can be obtained by providing certain information about yourself as prompted by LUU’s online registration form, including your first and last name, and a valid email address at which you are able to receive email (“Registration Data”). You may not create a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms and common practices.

 

You acknowledge that all information you provide to LUU when registering to become a Registered User are accurate, current and complete. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information accurate and up to date. You may update any information you provided to us as needed in your account setting on the LUU Platform.

 

LUU reserves the right to refuse to allow you to open an account for any reason, or to limit the number of accounts you may establish on the LUU Platform, all at its sole discretion. LUU may also suspend or terminate your LUU Account, for any reason, in its sole discretion and without notice, and remove from the LUU Platform any Content (as defined below) associated with your LUU Account. Grounds for such termination may include but is not limited to: (i) extended periods of inactivity, (ii) violation of the Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of LUU

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You should not reveal your password to other users. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not open an account again without the Company’s express permission.

 

You agree to immediately notify LUU of any unauthorized use of your LUU account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. LUU will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold LUU harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to support@getmyluu.com that your account has been compromised, and have requested us to block access to it. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of your LUU Account on the LUU Platform. You may be held liable for losses incurred by LUU or another party due to someone else using your LUU Account. You should log out from your account at the end of each use.

 

Your LUU Account may not be sold or otherwise transferred to another person or entity and is limited to one single user per LUU Account.

 

You may delete your account at any time, for any reason, by notifying us via e-mail to support@getmyluu.com.

 

Any suspension or deletion of your account shall not affect your obligations under these Terms (including but not limited to, ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination. On termination, you lose the right to access part of the LUU Platform that are only available for Registered Users.

 

You agree that all information you provide to register with LUU or otherwise is governed by our Privacy Policy as available at https://getmyluu.com/pages/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

Communications with the Company

When you access the LUU Platform, you are communicating with us electronically, and you consent to receiving communications from us electronically. The Company may provide you with use of email support services to enable you to communicate with the Company (“Communication Services”). You hereby acknowledge your consent to the following communications from the Company:

  • messages posted to your LUU Account on the LUU Platform, email from the Company regarding the Services; and
  • updates about changes to the LUU Platform.

 

Communications with Other Users

The Service enables users to communicate information to others by writing a review for a product. We authorize you to use the review tools for non-commercial purposes, unless otherwise expressly approved by the Company.Content” as used in these Terms means the reviews published on the LUU Platform and the photos uploaded for the reviews featured on the LUU Platform.

If you choose to upload Content, you must not submit any Content that does not comply with these Terms or any applicable law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the LUU Platform. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, infringing and illegal content.

 

You are solely responsible for your interactions with other users. LUU reserves the right, but has no obligation, to monitor disputes between you and other users and respond as necessary to enforce these Terms.

Please note that any information you share through posting on the LUU Platform (subject to certain privacy settings) will be seen by others and may be used and re-shared by such users, so be mindful as to what you choose to share, and do not share in this manner any content or information that is confidential, that you do not want others to see or use, or that is subject to third party rights. LUU is not responsible for another user’s use, misuse or misappropriation of any Content or information you post, upload, or transmit via the Services unless otherwise expressly agreed by LUU pursuant to a separate written agreement.

By uploading Content to the Website, you grant to LUU a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid and fully sublicensable right and license to perform, distribute, modify, reproduce, create derivative works of, and otherwise commercially or non-commercially use all such Content in any manner determined solely by LUU.

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the LUU Platform. You understand and agree, however, that LUU may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted.

 

If LUU reasonably believes that any Content is in breach of these Terms or may cause harm to LUU, our users, or third parties, we may remove or take down that Content in our sole discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for LUU; (b) would compromise an investigation or the integrity or operation of the Website; or (c) would cause harm to any user, other third party, LUU or our affiliates.

 

Copyright Protection

 

We respect the intellectual property rights of others and request all users of the LUU Platform to do the same.

 

If you believe your copyright has been infringed on the LUU Platform, please notify us by email at support@getmyluu.com to submit a written notification, stating the location of the work claimed to be infringing.

 

Upon the receipt of written notification of infringement and subject to applicable copyright laws, LUU may remove or disable access to any such Content.

 

To be effective, the notification of claimed infringement must be a written communication that includes substantially the following:

 

      • A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;

 

      • Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;

 

      • Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the precise location on the Services where they discovered the work claimed to be infringing;

 

      • Information reasonably sufficient to permit us to contact them, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

 

      • A statement that they have a good faith belief that the use of the material, in the manner complained of, is not authorized by the copyright owner, its agent, or the law;

 

      • A statement that the information in the notification is accurate, and under penalty of perjury, that they are authorized to act on behalf of the owner of copyright that is allegedly infringed.

After receiving the communication, LUU may ask person who submitted the claimed infringement to provide further or supplemental information, prior to removing any Content on the LUU Platform, as we deem necessary to comply with applicable law. We may also provide the user who uploaded the allegedly infringing content, with the contact details of person who submitted the claimed infringement, in order for the former to be able to contact the latter and challenge the claim.

 

Counter Notification: If LUU removes Content that a user submitted for posting, pursuant to a notification of claimed infringement that we received, then that user has an opportunity to respond to the notification and our takedown by submitting a counter-notification. To be effective, the counter notification must be a written communication that includes substantially the following:

 

  • The user's physical or electronic signature;

 

  • Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;

 

  • A statement, under penalty of perjury, that the users has a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;

 

  • User's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the competent courts in any judicial district in which their address is located or in which they may be found, and that they will accept service of process from the person who provided notification or an agent of such person.

 

After receipt of a counter notification, we will provide the person who submitted the claimed infringement notification, with a copy of the counter notification.

 

We may then repost the removed material and cease disabling access to it within 14 business days following receipt of the counter notice, unless LUU first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain such user from engaging in infringing activity relating to the material on the LUU Platform.

 

LUU reserve the right to deny or cancel any instance of your use of the Services, or terminate your LUU Account altogether, if we determine, at our sole discretion, that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice or a user whose uploaded Content was removed from the Services more than twice.

 

Any person who knowingly materially misrepresents that certain Content is infringing, or certain Content was removed or disabled by mistake or misidentification may be liable for any damages, including costs and attorneys’ fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the Content claimed to be infringing.

 

Please contact LUU’s copyright agent for all alleged infringement-related notifications:

      • Email address: support@getmyluu.com

 

No Unlawful or Prohibited Use

You agree to use the LUU Platform only for your lawful purposes and in accordance with these Terms. You agree not to use the LUU Platform:

 

    • for any unlawful purpose or in any way that violates applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);

 

    • to impersonate or attempt to impersonate the Company, a Company employee or agent, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing);

 

    • to engage in any other conduct that interferes, restricts or inhibits anyone’s use or enjoyment of the LUU Platform, or which, as determined by us, may harm LUU, other users of the LUU Platform or expose them to liability;

 

    • to use the LUU Platform in any manner that could damage, disable, overburden, or impair any LUU server, or the network(s) connected to any LUU server;

 

    • to gain unauthorized access to the Service or other users’ LUU Accounts, computer systems or networks connected to any Company server or to any of the Content, through hacking, password mining or any other means;

 

    • to obtain or attempt to obtain any materials or information through any means not intentionally made available through the LUU Platform;

 

    • to use any robot, spider or other automatic device, process, or means to access the LUU Platform for any prohibited purposes, including monitoring or copying any of the material presented thereon,

 

    • to use any manual process to monitor or copy any of the material on the LUU Platform, or for any other unauthorized purpose without Company’s prior written consent;

 

    • to use any device, software or routine that interferes with the proper working of and delivery of the Services;

 

    • to introduce any viruses, trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful;

 

    • to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;

 

    • to monitor the Website’s availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against the Company or any other competitive purposes;

 

    • to attack the Website via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack or otherwise attempt to interfere with the proper working of the LUU Platform;

 

    • to use the LUU Platform in any way that is inappropriate or disrespectful of other users, including, but not limited to, select a username that contains profanity or racial slurs, upload inappropriate or offensive contents and post inappropriate comments. LUU reserves the sole discretion in determining what is inappropriate or disrespectful.

 

Third-Party Materials.

The LUU Platform might display, include or make available third-party content (including data, information, commercials, or other materials) or contain links to third-party websites, services, and advertisements for third parties (collectively, the “Third-Party Materials”). You agree that LUU is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. LUU does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials.

Disclaimer of Warranties.

You understand that LUU cannot and do not guarantee or warrant that files available for downloading from the Internet or the LUU Platform, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data or other proprietary material due to your use of the Website or any Services or items obtained through the LUU Platform or to your downloading of any Content or on any website or app linked to it.

 

Your access of the LUU Platform, its Content and any Services we provide is at your own risk. The LUU Platform, its Content and any Services it provides are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. You understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content, user communications or personalization settings. Neither LUU nor any person associated with LUU makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website and the Services. Without limiting the foregoing, neither LUU nor anyone associated with LUU represents or warrants that the Website, its content or any Services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components; and that Services you obtain through the Website will otherwise meet your needs or expectations.

 

LUU hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

 

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

Limitation of Liability

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the LUU Platform or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the LUU Platform. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the LUU Platform, from any Content posted on or through the LUU Platform, or from the conduct of any Users of the LUU Platform, whether online or offline.

 

IN NO EVENT SHALL THE COMPANY OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE LUU PLATFORM, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.

 

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

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the LUU Platform.

 

Governing Law and Jurisdiction

All matters relating to LUU, Privacy Policy and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the 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).

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

Dispute Resolution

We encourage you to contact LUU’s Customer Service department via email at support@getmyluu.com if you have concerns or complaints about the Services. Generally, user complaints can be satisfactorily resolved this way. If we cannot resolve your concerns informally, disputes between you and LUU shall be resolved pursuant to this Section.

At the Company’s sole discretion, it may require you to submit any disputes arising out of or relating to any aspect of your relationship with LUU, first to mediation in the Los Angeles County, California, U.S., then next to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of California, without regard to its choice of law provisions. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows. You and the Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. PLEASE BE AWARE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

 

Waiver; Severability

No waiver by LUU of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LUU to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

Entire Agreement

These Terms constitute the sole and entire agreement between you and the Company with respect to the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.

 

Force Majeure

Any failure or delay by LUU in the performance of its obligations pursuant to these Terms will not be deemed a default or breach of these Terms or a ground for termination to the extent such failure or delay is due to computer or Internet or telecommunications breakdowns, denial of service attacks, fire, flood, earthquake, elements of nature or acts of God, pandemic, acts of war, terrorism, riots, civil unrest, rebellions or revolutions in the U.S. or any nation where the obligations under these Terms are to be executed, strikes, supplier and third party failure, lockouts, or labor difficulties, or any similar cause beyond the reasonable control of LUU.

 

Your Comments and Concerns.

You may contact us and direct all other feedbacks, comments, requests for technical support, request for refund and other communications relating to the Website and the Services via email at support@getmyluu.com.