1. AGREEMENT TO TERMS

These Terms of Use form a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and MyLuxDiscounts (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://myluxdiscounts.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to it (collectively, the “Site”). By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right to make changes or modifications to these Terms of Use at our sole discretion. We will notify you of any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each change. Please ensure you review the applicable Terms each time you use our Site so that you understand which Terms apply. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. If you choose to access the Site from locations outside of our operational jurisdiction, you do so on your own initiative and are solely responsible for compliance with local laws, if applicable.

The Site is not designed to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), and you may not use this Site if your interactions are subject to such laws. Additionally, the Site should not be used in a manner that would violate the Gramm-Leach-Bliley Act (GLBA). All users who are minors in their jurisdiction (typically under the age of 18) must obtain permission from, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use before you use the Site.

2. INTELLECTUAL PROPERTY RIGHTS

The Site, including all its content—such as source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”)—and the trademarks, service marks, and logos contained within it (the “Marks”) are our proprietary property, unless otherwise indicated. These elements are protected by copyright, trademark, and various other intellectual property and unfair competition laws of the United States, as well as international copyright laws and conventions. The Content and Marks on the Site are provided “AS IS” for your informational and personal use only. Unless explicitly permitted in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior express written consent.

If you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, strictly for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

3. User Representation

By using the Site, you confirm and agree that: (1) all registration information you provide will be accurate, up-to-date, and complete; (2) you will keep this information accurate and promptly update it as necessary; (3) you have the legal capacity to agree to and comply with these Terms of Use; (4) you are not a minor in your jurisdiction, or if you are, you have obtained parental permission to use the Site; (5) you will not access the Site through automated or non-human means, such as bots, scripts, or similar technologies; (6) you will not use the Site for any unlawful or unauthorized purposes; and (7) your use of the Site will comply with all applicable laws and regulations.

If you provide information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Site (or any part of it).

4. User Registration

To access certain features of the Site, you may need to register an account. You agree to keep your password secure and confidential, and you are fully responsible for all activities that occur under your account. We reserve the right to remove, reclaim, or alter a username you choose if, in our sole discretion, we find it to be inappropriate, offensive, or otherwise objectionable.

5. Prohibited Activities

You are granted access to the Site solely for the purposes we intended. Any use of the Site outside of these purposes, especially for unauthorized commercial activities, is strictly prohibited unless specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our explicit written permission.
• Engage in any actions that would deceive, defraud, or mislead us or other users, especially in attempts to obtain sensitive account information, such as passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including those that restrict the use or copying of content or enforce limitations on the use of the Site and/or its content.
• Disparage, tarnish, or otherwise harm, in our opinion, the Company or the Site.
• Use information obtained from the Site to harass, abuse, or harm another person.
• Misuse our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner that violates any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or employing any data mining, robots, or similar data gathering and extraction tools.
• Remove the copyright or other proprietary rights notice from any content on the Site.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, such as clear gifs, 1×1 pixels, web bugs, cookies, or other similar devices (often referred to as “spyware” or “passive collection mechanisms”).
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents involved in providing any part of the Site to you.
• Attempt to bypass any measures designed to prevent or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Use, launch, develop, or distribute any automated system, such as spiders, robots, cheat utilities, scrapers, or offline readers that access the Site, or use or launch any unauthorized scripts or other software, except as may be the result of standard search engine or Internet browser usage.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Engage in unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.

6. User-Generated Contributions

The Site does not currently allow users to submit or post content. However, we may provide you with opportunities to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. Therefore, any Contributions you transmit may be subject to our Site Privacy Policy.

By creating or making available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe on the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
• You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users to use your Contributions as contemplated by the Site and these Terms of Use.
• You have obtained the written consent, release, and/or permission from each identifiable individual in your Contributions to use their name or likeness as contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions do not include unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten any person and do not promote violence against individuals or groups.
• Your Contributions comply with all applicable laws, regulations, and rules.
• Your Contributions do not infringe upon the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable laws concerning child pornography or other protections for minors.
• Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not violate any provision of these Terms of Use or any applicable law or regulation.

Any use of the Site that violates these representations and warranties may result in the termination or suspension of your rights to use the Site.

7. Contribution License

You agree that we may access, store, process, and use any information and personal data you provide in accordance with the terms outlined in our Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you grant us the right to use and share such feedback for any purpose without providing compensation to you.

We do not claim ownership of your Contributions. You retain full ownership of all your Contributions and any associated intellectual property or proprietary rights. We are not liable for any statements or representations made in your Contributions provided on the Site. You are solely responsible for your Contributions and agree to hold us harmless from any claims or legal actions related to your Contributions.

8. Guidelines for Reviews

When posting a review on the Site, you must have firsthand experience with the reviewed entity. Reviews should be free from offensive, discriminatory, or illegal content, and should not include false statements or organized campaigns. The Site has the right to accept, reject, or remove reviews at its discretion and is not obligated to screen them. By posting a review, you grant the Site a perpetual, worldwide license to use and distribute the review content. The Site is not liable for any reviews or their consequences.

9. Mobile Application License

If accessing the Site via a mobile application, you are granted a revocable, non-exclusive license to use the app on your personal devices. You must not decompile, modify, or use the app for commercial purposes. The app should not be made available to multiple users simultaneously or used to create competitive products. You must not use the app to send unsolicited emails or use the Site’s intellectual property in any related products.

10. Mobile Application Terms for Apple and Android Devices

When you use our mobile application obtained from the Apple App Store or Google Play Store (each an “App Distributor”), the following terms apply:

1. License Grant: You are granted a non-transferable license to use the mobile application on a device that runs Apple iOS or Android, as per the usage rules of the App Distributor.
2. Maintenance and Support: We are responsible for any maintenance and support for the mobile application. App Distributors have no obligation to provide maintenance or support services.
3. Warranty and Refunds: If the mobile application fails to meet any applicable warranty, you may contact the App Distributor for a refund, if any. Beyond this, App Distributors are not liable for any additional warranty obligations.
4. Legal Compliance: You must not be in a country subject to a U.S. government embargo or listed on any U.S. government restricted parties list.
5. Third-Party Terms: You must comply with any third-party agreements that apply when using the mobile application, such as terms for VoIP services.
6. App Distributors’ Rights: App Distributors are third-party beneficiaries of these terms and can enforce them against you.

11. Social Media

You can link your account with third-party online accounts (“Third-Party Accounts”) through our Site by either:

1. Providing your Third-Party Account login information on the Site, or
2. Allowing us to access your Third-Party Account according to the terms and conditions of each Third-Party Account.

By linking your Third-Party Accounts, you confirm that:

1. You have the right to share your login information or grant access to your Third-Party Accounts without violating any terms or incurring any fees from the third-party service provider.
2. We may access, store, and make available any content from your Third-Party Accounts (including friend lists) on the Site.
3. We may exchange additional information with your Third-Party Accounts as you are notified during the linking process.
4. You consent to our collection and use of your data from Third-Party Accounts as outlined in our Privacy Policy.

Please be aware that:

1. If a Third-Party Account or service becomes unavailable or if we lose access to it, content from that account may no longer be available on the Site.
2. Your relationship with third-party service providers is governed solely by your agreements with them.
3. We do not review or take responsibility for the content from Third-Party Accounts, including its accuracy or legality.
4. We may access your email address book and contact list solely to identify and inform you of contacts who also use the Site.
5. We collect and process data from Third-Party Accounts in compliance with our Privacy Policy. You may review our Privacy Policy for details on how we handle your data.

You can disconnect your Third-Party Accounts from the Site at any time via your account settings or by contacting us. Upon disconnection, we will make reasonable efforts to delete any information stored from those accounts, except for the username and profile picture associated with your account.

11. Submissions

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) that you provide are non-confidential and will become our sole property. We will have exclusive rights to use and distribute these Submissions for any lawful purpose, including commercial use, without any acknowledgment or compensation to you.

By making a Submission, you:

• Confirm that the Submission is original to you or that you have the right to share it.
• Waive any moral rights to the Submission.
• Agree that there will be no recourse against us for any claimed infringement or misappropriation of proprietary rights related to your Submission.

12. Third-Party Websites and Content

The Site may include links to other websites (“Third-Party Websites”) or content from third parties (“Third-Party Content”). We do not investigate, monitor, or check these Third-Party Websites or Third-Party Content for accuracy or appropriateness, and we are not responsible for their content, accuracy, opinions, or policies.

By using links to Third-Party Websites or accessing Third-Party Content, you:

• Do so at your own risk and acknowledge that these Terms of Use do not govern your activities on Third-Party Websites.
• Should review the terms and policies of any Third-Party Website or application you use or install.
• Understand that any purchases made through Third-Party Websites are solely between you and the third party. We are not responsible for such transactions or any related issues.

You agree to hold us harmless from any harm or losses related to Third-Party Websites or Third-Party Content, including any issues arising from purchases or interactions with these third parties.

13. Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

14. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

15. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://myluxdiscounts.com/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

16. Term And Termination

These Terms of Use remain effective while you use the Site. We reserve the right, at our sole discretion and without notice, to deny access to the Site to any person for any reason, including but not limited to breaches of these Terms of Use or applicable laws. We may terminate your use of the Site, delete your account, and remove any content you’ve posted at any time, without warning.

If your account is terminated or suspended, you are prohibited from creating a new account under any name, including a fake or borrowed name, or on behalf of any third party. We may also pursue legal action, including civil, criminal, and injunctive remedies.

17. Modifications And Interruptions

We may change, modify, or remove content on the Site at our discretion without notice. We are not obligated to update any information on the Site and may modify or discontinue all or part of the Site without notice. We are not liable for any changes, price changes, suspensions, or discontinuations of the Site.

We cannot guarantee the Site will always be available. Technical issues, maintenance, or other factors may cause interruptions, delays, or errors. We are not responsible for any loss or inconvenience caused by your inability to access the Site during downtime or discontinuation. There is no obligation on us to maintain or support the Site or provide updates.

18. GOVERNING LAW

These Terms of Use and your use of the Site are governed by the laws of the State of California, without regard to its conflict of law principles. All agreements made and to be performed entirely within California are subject to these laws.

19. DISPUTE RESOLUTION

Binding Arbitration
Any dispute arising out of or related to these Terms of Use, including its existence, validity, or termination, will be resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to its Rules. The number of arbitrators, the seat of arbitration, and the language of proceedings will be determined as follows:

• Number of Arbitrators: [To be filled in]
• Seat of Arbitration: [To be filled in]
• Language of Proceedings: [To be filled in]
• Governing Law: [To be filled in]

Restrictions
Arbitration will be conducted individually. Class-action procedures, class arbitration, and representative claims are not permitted. Disputes cannot be joined with any other proceeding.

19. EXCEPTIONS TO ARBITRATION

The following disputes are not subject to arbitration:
(a) Disputes related to enforcing or protecting intellectual property rights;
(b) Disputes involving theft, piracy, invasion of privacy, or unauthorized use;
(c) Claims for injunctive relief.

If any part of this arbitration provision is found to be illegal or unenforceable, the remaining provisions will still apply. Disputes falling outside the scope of arbitration will be resolved in a court of competent jurisdiction, as specified above, and the parties agree to the personal jurisdiction of that court.

20. CORRECTIONS

The Site may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors or update information on the Site at any time without prior notice.

21. DISCLAIMER

The Site is provided “as-is” and “as-available.” Your use of the Site and our services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy or completeness of the Site’s content or linked websites. We are not liable for:

1. Errors, inaccuracies, or omissions in content and materials;
2. Personal injury or property damage resulting from your use of the Site;
3. Unauthorized access to or use of our secure servers and personal or financial information;
4. Interruptions or cessations of transmission to or from the Site;
5. Bugs, viruses, or other harmful components transmitted through the Site by third parties;
6. Errors or omissions in content or materials, or any loss or damage incurred from using any content posted on the Site.

We do not endorse, guarantee, or assume responsibility for any product or service advertised by third parties through the Site or linked websites. We are not responsible for monitoring transactions between you and third-party providers. Exercise caution and use your best judgment when engaging with third-party products or services.

22. LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, neither we nor our directors, employees, or agents will be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, or loss of data, arising from your use of the Site, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim, regardless of the legal theory, will be limited to the lesser of the amount you paid, if any, for using the Site or __________.

Please note that some state and international laws may not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party arising from:

1. Your use of the Site.
2. Your breach of these Terms of Use.
3. Any breach of your representations and warranties set forth in these Terms of Use.
4. Your violation of any third-party rights, including intellectual property rights.
5. Any harmful act towards other users of the Site with whom you interacted through the Site.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, at your expense. You agree to cooperate with us in defending such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

24. USER DATA

We will maintain certain data that you transmit to the Site to manage its performance, as well as data related to your use of the Site. While we perform regular backups, you are solely responsible for all data you transmit or generate through your use of the Site. We are not liable for any loss or corruption of such data, and you waive any claims against us arising from data loss or corruption.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Site, sending us emails, and completing online forms, you consent to electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide electronically, via email, and on the Site, meet any legal requirements for written communication. You consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and transaction records. You waive any rights or requirements for original signatures or physical records, as well as any regulations requiring non-electronic means for payments or credits.

26. CALIFORNIA USERS AND RESIDENTS

If you have a complaint that is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs. You can reach them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Terms of Use, along with any policies or operating rules posted on the Site, constitute the entire agreement between you and us regarding your use of the Site. Our failure to enforce any provision of these Terms of Use does not waive our right to enforce it later. These Terms of Use are intended to be enforced to the fullest extent permitted by law. We may assign our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act due to causes beyond our reasonable control. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, it will be severed from these Terms of Use, and the remaining provisions will remain valid and enforceable. These Terms of Use do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be interpreted against us due to their drafting. You waive any defenses based on the electronic nature of these Terms of Use and the absence of physical signatures.