LuxBox Terms and Conditions

WELCOME TO LUXURY GARAGE SALE’S LUX BOX PROGRAM!

Luxury Garage Sale, Inc. (“Luxury Garage Sale,” “we,” “us,” “our”) provides its services (described below) to you through its personal boutique stylists and through its related services (collectively, such services, including any new features and applications, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will notify you, either via an an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

ACCESS AND USE OF THE SERVICE

Services and Membership Description: The Service is designed to provide women and men with great clothing, handbags and accessories (“items”) selected by our personal stylists from time to time (each shipment of items, a “Lux Box”). Once you sign this document agreeing to the Terms of Service, you will become a “Member.” With each Lux Box, you have forty eight (48) hours after it is delivered to review the selection of items and try them on (“try-on period”). We charge you for all items not returned in accordance with the Return Policy, below, at the end of the try-on period, although we may bill you earlier in certain circumstances (for example, if you return your Lux Box before the try-on period is over, if you request us to, if we have reason to believe that the order is fraudulent, if there has been a pattern of credit issues, or if we notify you that we will do so). There are no order minimums or long-term ordering commitments. You may suspend your Membership at any time by emailing luxbox@luxurygaragesale.com. Luxury Garage Sale reserves the rights to terminate your membership, to refuse any and all current or future use of the Service, and not to do business with any Member or anyone else, each as Luxury Garage Sale deems appropriate in its sole discretion for any reason.

Return Policy; Shipping: You may return any item from a particular Lux Box you receive through the Service (in accordance with the instructions below and those provided with such Lux Box) within forty eight (48) hours after it is delivered. For free returns, any items must be returned using either the same box or a smaller box as well as the pre-paid return label provided by Luxury Garage Sale. Items must be unworn (other than “tried-on”), in their original condition and include all original tags and packaging. Shipping is not available to all locations. All items you receive through the Service will be shipped by a third-party carrier.

Your Registration Obligations:  If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Modifications to Service: Luxury garage Sale reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Luxury Garage Sale will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

CONDITIONS OF USE

User Conduct: You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Luxury Garage Sale. Luxury Garage Sale reserves the right to investigate and take appropriate legal action against anyone who, in Luxury Garage Sale’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  1. email or otherwise upload any content that (i) infringes any intellectual property or

other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Luxury Garage Sale, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Luxury Garage Sale or its users to any harm or liability of any type;

  1. interfere with or disrupt the Service or servers or networks connected to the Service,

or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

  1. violate any applicable local, state, national or international law, or any regulations

having the force of law;

  1. impersonate any person or entity, or falsely state or otherwise misrepresent your

affiliation with a person or entity;

  1. solicit personal information from anyone under the age of 18;
  2. harvest or collect email addresses or other contact information of other users from

the Service by electronic or other means for the purposes of sending unsolicited

emails or other unsolicited communications;

  1. advertise or offer to sell or buy any goods or services for any business purpose that is

not specifically authorized;

  1. further or promote any criminal activity or enterprise or provide instructional

information about illegal activities; or

  1. obtain or attempt to access or otherwise obtain any materials or information through

any means not intentionally made available or provided for through the Service.

THIRD PARTY WEBSITES

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Luxury Garage Sale has no control over such sites and resources and  Luxury Garage Sale is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Luxury Garage Sale will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Luxury Garage Sale is not liable for any loss or claim that you may have against any such third party.

INDEMNITY AND RELEASE

You agree to release, indemnify and hold Luxury Garage Sale and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUXURY GARAGE SALE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NON-INFRINGEMENT.

LUXURY GARAGE SALE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,  (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CLOTHES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR

EXPECTATIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LUXURY GARAGE SALE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LUXURY GARAGE SALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM

THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL LUXURY GARAGE SALE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LUXURY GARAGE SALE IN THE LAST (1) MONTH, OR, IF GREATER, ONE

HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

DISPUTE RESOLUTION BY BINDING ARBITRATION:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at service@luxurygaragesale.com. In the unlikely event that our customer care team is unable to resolve a complaint you may have (or if Luxury Garage Sale has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $25,000 in damages, Luxury Garage Sale will pay reasonable attorneys’ fees should you prevail. Luxury Garage Sale will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

ARBITRATION AGREEMENT

Luxury Garage Sale and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether

based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

  • claims that arose before this or any prior agreements (including, but not limited to,

claims relating to advertising);

  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Terms of Service.

 

References to “Luxury Garage Sale”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Luxury Garage Sale are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Luxury Garage Sale should be addressed to 1658 N Wells St, Chicago IL 60614 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Luxury Garage Sale and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Luxury Garage Sale may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Luxury Garage Sale or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Luxury Garage Sale is entitled. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Luxury Garage Sale and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Luxury Garage Sale will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND LUXURY GARAGE SALE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Luxury Garage Sale agree to otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

TERMINATION

You agree that Luxury Garage Sale, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Luxury Garage Sale believes that you have violated or acted inconsistently with the letter or spirit of these Terms of

Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for

termination of your use of Service, may be referred to appropriate law enforcement authorities. Luxury Garage Sale may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Luxury Garage Sale may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Luxury Garage Sale will not be liable to you or any third-party for any termination of your access to the Service.

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