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Terms of Service

Please read these terms of service carefully before using Luxe Du Jour.

Last updated on April 18, 2023


Welcome to Luxe Du Jour website: ldj.com (the "Site"). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the "Agreement").


Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.


Services

This Agreement applies to all services on Luxe Du Jour, including the Luxe Du Jour app (on any format or device), and the website located at https://ldj.com (this will be collectively known as “Service(s)”. The service also provides an online social platform where Users can list their items for potential rental, consignment or buyout interest. You are solely responsible for your use of the service, and any use of the service made using your account. The personal information you provide to us is governed by the Privacy Policy. The risks associated when you assume when dealing with others on the platform, website, app are borne by you alone not Luxe Du Jour Inc. You are entirely responsible for the decision to use, transact, communicate on the service, and will be liable for your actions on the service. Luxe Du Jour reserves the right to refuse or terminate service at its sole discretion.


Registration

You may establish an account on ldj.com. At a minimum, registration requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in Luxe Du Jour's sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.


You shall not use your Luxe Du Jour account for any purpose competitive to Luxe Du Jour. You will notify Luxe Du Jour immediately by emailing info@ldj.com of any unauthorized use of your account or ldj.com, whether by you or a third party.


You may cancel your Luxe Du Jour account at any time by contacting Luxe Du Jour customer support as specified on the “Contact Us” page on ldj.com. Luxe Du Jour may terminate your account and refuse any and all current or future use of any Luxe Du Jour Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that Luxe Du Jour determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Luxe Du Jour determines, in its sole discretion, that you are using your Luxe Du Jour account in a manner not permitted by these Terms of Service or the Terms of Use, or (4) in other circumstances, as Luxe Du Jour deems appropriate in its sole discretion.


Third Party Services

Luxe Du Jour may provide your content or to you certain third party services or third party service providers (collectively referred to as “Third Party Service(s)”) which may provide you email, phone correspondence, links to sites and offers outside of the Luxe Du Jour network, and is provided “As Is” without indemnification, support, or warranty of any kind, and this Agreement does not apply to your actual use of any service provided by Third Party Services, and you are entirely responsible for whether you want to access or use Third Party Services available outside of the Luxe Du Jour network, or choose not to use Third Party Services at any time. Luxe Du Jour reserves the right to suspend Third Party Services at its sole discretion. You are responsible for reviewing applicable terms and privacy policies/policies of a Third Party Service before using or sharing information with it, you may give the operator permission to use your information outside of what you agreed to within this Agreement. Luxe Du Jour is not responsible for any features, content, ads, products, materials available from Third Party Services. Luxe Du Jour does not endorse any features, content, ads, products, materials from Third Party Services. Luxe Du Jour is not liable in any way or form for (1) content on the Service posted by third parties, other users, or at the direction of other users, (2) any items on the Service posted by third parties, other users, or at the direction of other users, (3) any omissions, losses, damages, errors that are a result of third parties on the Service. You solely acknowledge that Luxe Du Jour has no obligation to review, screen, inspect any third party services and third party materials on the Service, and Luxe Du Jour reserves the right to remove Third Party Service Materials at our sole discretion. You agree to bear all risks associated with use, condition, accuracy, completeness, usefulness, reliability of any Third Party Services and Third Party Materials.


Site Transactions

We reserve the right to refuse 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. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


Your Responsibilities

You are entirely responsible for all information and content; descriptions, pictures, listings, data, text, videos, media, comments, suggestions, any materials (hereby known as “Content”) that you upload, post, publish, display via the Service on websites or apps of Luxe Du Jour Inc. Luxe Do Jour may investigate, take legal action, and/or perform any other action it deems necessary or warranted in managing the Service, your content, posting, use, without limitation, including the preservation of information for investigative purposes if content, posts, or usage is deemed illegal or prohibited by Luxe Du Jour. 

You agree to not use the service to (1) provide any content, media in any form that is violent, illegal, unlawful, harmful, infringing on third party rights, pornographic, lebelous, invasive, gambling, money laundering, encouraging money laundering, and any other unlawful and/or unwarranted behavior, (2) violate any regulation, rule, law, including any data privacy, any-spam, and other restrictions that may be applicable to your use of the Service, (3) reviser engineer any part of the Service, (4) create any derivative works of the Service (5) stalk, harassh, bully, solicit, impersonate any information from anyone, (6) promote any illegal activity or enterprise, (7) sell or transmit anything you do not have the right to sell or transmit under law, (8) copy, harvest, use or scrape automated systems to collect data and contact information from the Service for use outside of those intended in this Agreement and Terms of Service, (9) infringe on any or anyone’s intellectual property, (10) spam any users of the Service with junk email, fraud, schemes, or the like of, (11) pose a privacy risk or security risk, (12) upload or transmit any virus, worms, or interfere with any of the operations of the Service, (13) take any action or inaction which Luxe Du Jour at its sole discretion believes is questionable and can cause harm or liability. 


Your Content

As users of our Services, all information, including, messages, items, uploads, content, photos/images, video, copy, any form of media, etc., you post, transmit, or submit through our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, you hereby represent and warrant that You entirely own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents need for any personally identifiable information you may provide to, or upload by way of, the Luxe Du Jour Service(s). By posting or transmitting any Content, User Content, you hereby grant Luxe Du Jour and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, use, transmit, perform, distribute, store, modify, make derivative works of and other mediate usage in any manner of your User Content/Content in connection with the operation of the Service of any other services and/or products of Luxe Du Jour Inc., or the promotion, advertising or marketing thereof, in any form, technology, area, medium, known currently or developed later on (including without limitation publishing your User Content/Content on the internet, third party services, social networks: Facebook, Twitter, Snap Chat, Instagram, TikTok, Pinterest, etc., blogs, allowing other users to share your User Content/Content if included. You further represent and warrant that the User Content/Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not responsible, nor liable for any, nor under any obligation to review any User Content/Content posted by our Users or our Services. We reserve the right to do so with or without notice, to rectify and/or prevent any alleged violations to us by the Communications Decency Act and any applicable laws, rules and/or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the User Content/Content at any time. You understand and acknowledge that Luxe Du Jour Inc. is not responsible for intellectual property rights, safety, accuracy, usefulness of or relating to User Content/Content, and that such User Content/Content is not the responsibility of Luxe Du Jour. You further acknowledge and understand that You maybe be exposed to content that is offensive, inaccurate, indecent, objectionable, and you hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Luxe Du Jour and Luxe Du Jour Parties with respect thereto. Any and all User Content/Content you upload is not considered confidential by Luxe Du Jour, and it will be treated as public information, and you agree, acknowledge and understand it is intended to be shared with other users of our Services as well as third parties, all at Luxe Du Jour’s discretion, and Luxe Du Jour has no liability or control over what others do with your User Content/Content. You acknowledge, understand and agree that Luxe Du Jour will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge, understand and agree that any questions, comments, ideas, feedback, suggestions and/or other information about the Site or the Service, provided by you to Luxe Du Jour are non-confidential and Luxe Du Jour is entitled to the unrestricted use and dissemination of these information, content, submissions, etc. for any purpose, commercial and/or otherwise, without acknowledgement or compensation to you whatsoever. If you do not agree that your User Content/Content will be considered public and will not be considered confidential, you will not use the Service. 


Site Content

Luxe Du Jour and other marks, graphics, typefaces, trade names and logos appearing on the Site are trademarks or trade dress of Luxe Du Jour. All other trademarks appearing on the Site are the property of their respective owners, including, in some instances, us. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent in each instance. Patents used in connection with the Site are the property of their respective owners, which may include us. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Content"). This Site is protected by copyright as a collective work, pursuant to Canada copyright laws, international conventions, and other copyright laws. Luxe Du Jour and third party content providers also own copyrights in the content original to it.


The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.


Unless otherwise specified, the Site and the Content are intended to promote Luxe Du Jour's products and services available in Canada. The Site is controlled and operated by Luxe Du Jour.


Intellectual Property Rights

You acknowledge and agree that the Service contains descriptions, media, graphics, typefaces, logos, marks images that are third party content (“service content”) that is protected by copyright, patent, trademark, trade secret or other intellectual property or other proprietary rights and laws. Luxe Du Jour contains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like of, or perform any other action with the Service Content not authorized by Luxe Du Jour explicitly or authorized by the Agreement. Any use of the service of the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not granted herein are reserved by Luxe Du Jour. Other company service, logo, names, product, etc. that are displayed or used via the Service may/are trademarks or service marks of their respective owners who may or may not endorse or be affiliated or associated with Luxe Du Jour.


Restocking Fee

Any order cancelled or changed by the customer regardless of how the order was made will be subject to a 3% restocking fee. 


Layaway Program

All items are eligible for layaway at checkout. An account must be created to start a layaway plan. Once you have checked out the item for layaway the item is reserved for you for that duration of time and is conditionally "sold" to you. Deposit payment can only be made via Interac E-Transfer (for Canadians) or Zelle (for Americans). Layaway is not eligible for international clients at this time. Deposit payment must be made within 12 hours otherwise the order will be cancelled and the item will be re-listed.


There is no fee for layaway up to 2 months with 30-50% down as a non refundable deposit and we offer extended layaway up to 12 months for an additional 2% service fee of the total per every month. If you choose to cancel your layaway item the deposit is non refundable. The earlier you pay off your item the earlier it will ship!


No credit check

No limit on the purchase

Deposit is non refundable and non transferrable

Extended layaway fee is not refunded if paid off earlier

Deposit is forfeited and Item will be re-listed for sale if not paid by due date

Item is not shipped until full balance is paid


Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.


User Comments, Feedback, and Other Submissions

Luxe Du Jour is pleased to hear from users and welcomes your comments regarding our products and services. Luxe Du Jour's longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Luxe Du Jour's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) 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 Luxe Du Jour may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Luxe Du Jour. Luxe Du Jour is 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. Luxe Du Jour has the right but not the obligation to monitor and edit or remove any Comments.


You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy 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 Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Luxe Du Jour or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Luxe Du Jour takes no responsibility and assumes no liability for any Comments posted by you or any third party.


Personal Information Submitted Through the Sites

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.


Infringement Policy

Luxe Du Jour respects the intellectual property of others and ask that our Users respect the intellectual property of others. Although Luxe Du Jour is under no obligation to do so, it will make efforts to investigate notices of alleged infringement or violation of intellectual property rights and laws and take actions regarding such infringement where appropriate and applicable. If you believe that your work has been copied in any way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below (a "Notice"):


  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

If you believe your work is removed due to infringement of copyright, and You believe it is not infringing, please provide our Copyright Agent with:

  • Confirmation you are the owner, or authorized to represent the owner of the intellectual property
  • Identification of the removed content
  • Description of the removed content
  • Statement of good faith regarding ownership of the intellectual property
  • Your contact information and a statement to accept service of process regarding the alleged infringement


Luxe Du Jour will work to resolve counter-notices in 14 to 20 business days.


Product Information

The prices displayed on the Site are quoted in Canadian Dollars, unless otherwise indicated.

Our products are available exclusively online through the Site. These products may have limited quantities and are not subject to return or exchange. If you have a product with us that we no longer accept, Luxe du jour releases all liability for this item. When notified of changes to our acceptance policy it is up to the consignor to retrieve the item. 


Purchase Transactions

  1. No Warranty, Risks. You assume certain risks in using a Service like Luxe Du Jour. Luxe Du Jour is not involved with, nor provides any warranty for, any transaction between Users. You as a buyer, seller, or lender assume, agree, and understand you bear all the risks of selling, purchasing, lending of items on the Service.
  2. Fees. You acknowledge that Luxe Du Jour charges certain fees for various transactions through Your use of the Service. All amounts are quoted in Canadian Dollars unless otherwise stated.
  3. Prohibited Items. Luxe Du Jour prohibits listing or any sale of any item that is illegal to sell under any applicable law, statute, ordinance, regulation, including, without limitation. Luxe Du Jour prohibits the sale or listing of counterfeit items. Refer to our authentication policies. 
  4. Sellers/Lenders. You agree that you have all the rights necessary to sell the items you make available on site or app by Luxe Du Jour, including Luxe Du Jour App Explore Page, and will describe to Luxe Du Jour the accuracy truthfully and completely. 
  5. Buyers. You are solely responsible for reading and reviewing the item listing before purchasing or renting. 
  6. Purchases. Upon purchasing an item, a Buyer or Renter is obligated to remit payment for the Item to Luxe Du Jour including any shipping or additional handling and fees required.
  7. Chargebacks. You agree not to initiate a chargeback for undelivered items without first allowing Luxe Du Jour the opportunity to investigate and resolve the issue. Initiating a chargeback without prior communication may result in the suspension of services or products. If, after the investigation, it is determined that the items have been lost in transit, Luxe Du Jour reserves the right to offer either a refund or a reshipment of the lost items, at our discretion. Luxe Du Jour does not refund items that have been signed and delivered. Opening a chargeback will result in payment to be sent to collections.
  8. Shipping. Our shipping rates depend on the weight of the item and the location of the buyer. We ship using Canada post expedited shipping. All packages are card for pickup with signature required. Luxe Du Jour is happy to make accommodations to ship via courier with a higher shipping cost but note that Luxe Du Jour waives liability on lost and stolen packages if packages are not shipped via card for pickup at the post office if requested by the customer. For high value orders within Canada, Luxe Du Jour will have a small collect on delivery charge which will be reimbursed once picked up, this is to ensure that your package is delivered to you safely. Shipping within Canada is 2 – 5 Business days. Delays are expected due to weather and/or the Covid-19 Pandemic and are out of our control. Shipping outside of Canada is 3 – 10 Business days. All duties and taxes that occur upon arrival are all at the expenses of the buyer. Delays can be expected due to weather, custom clearances and/or the Covid-19 Pandemic and are out of our control. Shipping outside of Canada is 3 – 10 Business days. All duties and taxes that occur upon arrival are all at the expenses of the buyer. Delays can be expected due to weather, custom clearances and/or the Covid-19 Pandemic and are out of our control.
  9. Taxes. Taxes are calculated and applied based on the shipping address provided at checkout. Applicable sales tax rates vary depending on the destination of your order and are determined in accordance with local and regional tax laws. You are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Luxe Du Jour does not collect taxes on your behalf. 
  10. Payments. Buyers and/or Lenders must pay for items using the payment methods provided by Luxe Du Jour. Luxe Du Jour will receive payment from Buyers and/or Lenders. By submitting payment information to Luxe Du Jour you authorize Luxe Du Jour to store that information and with your confirmation, charge You for any items purchased. 
  11. Fee Modifications. We may change or discontinue, temporarily or permanently, some of all fees for the service at any time, and such changes will be effective on our fee policies and revisions.
  12. Returns. Returns can be requested and are given on a case by case basis through upper management. Luxe Du Jour must receive the same item back in the same condition to receive a refund.


Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. If you received your order and there are any inaccuracies related to the product description, please contact us within two (2) weeks upon receiving your item. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).


Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.


Returned Items/Pick Up Orders

Luxe Du Jour is liable for your items while in our possession when items are currently consigned or purchased. Due to limited space available at our offices, we ask that you pick up your items if requested to be picked up or purchased within thirty (30) days. Items left longer than thirty (30) days, Luxe Du Jour will no longer be liable for any lost items.


Links to Other Web Sites and Services

The Site may contain links to other Web sites that are not under the control of Luxe Du Jour. Luxe Du Jour has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’s users.


Disclaimer

The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Luxe Du Jour expressly disclaims any duty to update or revise the materials on the Site, although Luxe Du Jour may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Luxe Du Jour shall not be liable for any damages of any kind related to your use of the Site. 


To the maximum extent permitted by law, Luxe Du Jour makes NO warranty that (i) you will be able to purchase any items through the service or that the service will otherwise meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of the goods, services, information, or other materials or products purchased or obtained by you through the Service will meet your expectations. 


Luxe Du Jour makes no guarantee regarding the quality, safety, or legality of the items being offered or sold or rented, nor the truth or accuracy of any of the listings, or ability of buyers, lenders to transact any business on the platform.


Limitations of Liability

Luxe Du Jour is not liable for (1) any Content posted on our Services; (2) purchases, sales, or other obligations that arise between Users; (3) any damages that result through Your use of our Services; (4) any negative or critical comments that may be posted through the Services in any way; (5) any of the Third Party Service(s) you may be provided pursuant to Your use of the Services; (6) any third party personally identifiable information you upload or provide to Luxe Du Jour pursuant to the Services; (7) Any cost of goods or services. 


You are solely responsible for your interactions and transactions. You agree Luxe Du Jour will have no liability or responsibility with respect to interactions, purchases, sales, rentals and so on. Luxe Du Jour reserves the right but not obligated to become involved in any dispute between you and other parties. 


TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LUXE DU JOUR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT LUXE DU JOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, OR ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (I) THE USE OR INABILITY TO USE THE SERVICES; (II) STATEMENTS OR CONDUCT OF ANY THIRD PARTY/THIRD PARTY SERVICES ON THE SERVICE; (III) ANY OTHER MATTER THAT IS RELATED TO THE SERVICE. 


TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO GIVEN CIRCUMSTANCE WILL LUXE DU JOUR BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF $1000 USD.


THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our service providers will have no liability of any kind under this Agreement more than twelve (12) months after the cause of action arises.


Indemnification

You agree to release, defend, indemnify and hold Luxe Du Jour and any of its affiliates and employees (Collectively known as “indemnities”) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement, your use (or misuse) of our Services. 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 know by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable stature or doctrine. 


Mobile Services

When accessing the Service through mobile devices, you may incur fees for data usage or associated costs from your wireless provider. You agree that you are solely responsible for use of the Service on your mobile device and adhere to your wireless provider’s given terms and conditions.


Apple-Enabled and Google-Enabled Software

Luxe Du Jour offers Software that are intended to be operated in connection and made commercially available by Apple Inc. and Google LLC., with respect to the software that is available for your use and in connection with Apple-branded and Google-branded products and services, in addition to the terms and conditions set forth in these Terms and Conditions, the following terms and conditions will now apply:


  1. Luxe Du Jour and you will acknowledge that these Terms are concluded between Luxe Du Jour and you, not with Apple nor Google, and that Luxe Du Jour is solely responsible for the Apple-Enabled and/or Google-Enabled software and the content.
  2. You may not use Apple-Enabled Software or Google-Enabled in any manner that is in violation of the usage rules set forth by Apple or Google or be in conflict with the App Store or Google Play Store Terms and Conditions.
  3. Your license to use the Apple-Enabled Software or Google-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software or Google Enabled Software on iPhone OS and/or Android that you own and control, as permitted by the Usage set forth in the App Store and Google Play Store Terms.
  4. Apple has no obligation to provide any maintenance or support.
  5. Google has no obligation to provide any maintenance or support.
  6. Apple and Google are not responsible for any product warranties, whether implied or expressed by law. Apple and Google will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software and Google-Enabled Software to you, if any other losses, liabilities, claims, costs, damages, or expenses attributable to any failure to conform to any warranty. 
  7. Luxe Du Jour and you acknowledge that Luxe Du Jour, not Apple is responsible for addressing claims related to the Apple-Enabled and Google-Enabled Software, but not limited to: (i) product liability claims; (ii) any software fail claims that software doesn’t conform to legal or regulatory requirements; (iii) claims arising under consumer protection or similar legislation. 


You acknowledge and agree that Apple and its affiliates, Google and its affiliates, subsidiaries, are third party beneficiaries or these Terms in respect to the Apple-Enabled and Google-Enabled Software, and that, upon your acceptance of the terms and conditions and Agreements, Apple and Google have the right to enforce these terms and conditions against you with the respect of Apple-Enabled and Google-Enabled Software as a third party beneficiary thereof.


Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Luxe Du Jour agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to ldj.com (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Luxe Du Jour agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.  The company will seek injunctive or equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Any claims brought by you must be brought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. All aspects of proceeding, ruling, decision or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law, United States law and/or Canada law. This Arbitration agreement doesn’t preclude you from bringing issues to the attention of federal, state, provincial or local agencies, if the law allows. 


Mediation

Any unresolved dispute shall be settled by binding and confidential mediation as permitted by law.


Governing Law

Each party will comply with the laws, rules, and regulations applicable to this Agreement. This agreement shall be governed by the State of California without giving effect to its principles regarding conflicts of law. All disputes will be resolved exclusively in state or federal court in Orange County, California. You acknowledge the Services are of United States and Canada origin and agree to comply with all laws and regulations of both.


Modifications

THIS AGREEMENT AND SERVICES DESCRIBED WITHIN ARE SUBJECT TO CHANGE BY LUXE DU JOUR AT ITS SOLE DISCRETION AT ANY POINT IN TIME. Luxe Du Jour can modify or discontinue services without notice. Luxe Du Jour is not liable to You or any third party for such discontinuation or modification. If we make any material changes you will be notified if you have signed up for registered use of the Service. Your continued use of the Service after any date changes are made constitutes your acceptance of the new Terms. If you do not agree to abide by these Terms or any new Terms set forth, do not use or access (or continue) the Service.


Termination

These terms are effective unless and until terminated by either you or Luxe Du Jour. You may terminate this Agreement at any time. Luxe Du Jour also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.


Export Controls and Laws 

All software, Software Applications, and Services are subject to export control laws in your applicable jurisdiction. You agree that you are not and solely responsible for any violation of export control laws. Downloading and use of the software, including location where you use the services is your sole responsibility and at your own risk.


Electronic Communications

When you use the Service or communicate by email to us, you agree to communicate with us electronically. This Agreement and any other documents herein will be considered “in writing” to comply with applicable legal requirements, and are legally now enforceable between parties and admissible in legal proceedings.


Location Specific Provisions

  1. Users in California. Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence for users in the state of California:
  2. California Civil Code. Under Civil Code Section 1789.3, users of the Service from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be written to at: 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or phoned at (916) 445-1254 or (800) 952-5210. 
  3. Users in Canada. Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence in respect to users in Canada: 
  4. Arbitration. The Arbitration Act, RSBC 1996, c. 55 (“Act”) governs the interpretation and enforcement of Arbitration Agreement and any reference to the American Arbitration Association (“AAA”) is deemed replaced by the British Columbia International Commercial Arbitration Center (“BCICAC”). If there are any inconsistencies between the Arbitration Agreement and the Act, the Arbitration Agreement must prevail.
  5. Governing Law. These terms and conditions shall be governed by the law of the Province of British Columbia without regard to its conflict of law provisions. You agree to the personal and exclusive jurisdiction of and venue in the provincial courts of Vancouver, BC and waive any objection to such jurisdiction or venue.
  6. Language Of Terms. These terms are in the English language. Parties waive any right to use or rely upon any other language and/or translation.