The following Terms of Service (“Terms”) between you (“you” or “your”) and Luxury Hours Limited (“we,” “our,” “us,” or “LHL”) describe the terms and conditions on which you may access and use the LHL website located at luxuryhours.com (the “Site”), the LHL mobile app (the “App”) and related services including LHL’s product rental and sale services (together with the Site, the App, and the LHL Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
1. ABOUT THE SERVICES
Through the Services, we aim to give you access to watches, jewellery and accessories (together referred to as “Products”) that you would enjoy wearing.
B. Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under 18 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any Products via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child under 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
D. Modification of the Services or the Terms
LHL may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, LHL will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to LHL upon registration.
2. RENTAL AND SALE OF PRODUCTS
A. General Conditions
The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.
18 YEARS OR OLDER. Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorised to use the chosen payment method (including, without limitation, credit, debit, prepaid and electronic-money cards) for the purpose of renting or purchasing the Products as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or delivery address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
DELIVERY. Your Products will be delivered to your approved delivery address in London within 48 hours of the completion of your payment and must be received and signed for by you (or a designated recipient approved at our discretion). Addresses outside of London will be through LHL’s delivery partners, which may change from time to time at LHL’s discretion. The delivery method used will be at the discretion of LHL and the delivery time may be up to 72 hours.
COLLECTIONS. If you do not pay the amounts you owe to LHL when due, then LHL will need to institute collection procedures. You agree to pay LHL’s costs of collection, including without limitation reasonable legal fees.
COMMUNICATIONS. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing email@example.com. You acknowledge that opting out of receiving communications may impact your use of the Services.”
The following additional conditions apply to the rental of any Product.
RENTAL FEE. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorise LHL to charge your payment card for the Rental Fee. LHL will be entitled to charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site or App is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorise LHL to charge your payment card for an amount equal to 100% of the original retail value of the Product (when new) set forth on the Site or App (“Retail Value”) plus applicable sales taxes; provided that LHL will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees include VAT but may exclude additional taxes that you will be notified of prior to completing your rental order.
CANCELLATION POLICY. You may cancel your rental order subject to the following cancellation fees and policies:
- If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
- If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit to your LHL account for the Rental Fee associated with the cancelled order. This credit can be applied to any future LHL rental.
- If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your LHL account for the Rental Fee associated with the cancelled order, minus a cancellation fee of £10.
RETURN PACKAGING. With delivery of the Product, LHL will provide you with a pre-paid, pre-addressed LHL carrying case or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to LHL (“Return Packaging”). The LHL carrying case is not yours to keep. If the LHL carrying case is not returned you will be charged a £50 fee (details below under “Lost Return Packaging”).
RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in London by courier service at your own behest, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a location where you can physically receive Product(s) (the “Secure Delivery Address”) is highly recommended. In the event that an un-secure delivery address is provided, LHL does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Delivery Address may result in delivery delays and additional delivery fees for which LHL will not be liable. You will be liable for all such delays and additional delivery fees.
USE OF THE PRODUCTS. You agree to treat the Products with great care. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire or any other cause. If you return a Product that is damaged and in a poorer condition to that at the point you received it, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined at our discretion, up to the Retail Value for the Product.
RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to LHL in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order for a Product on the Site, App or by phone to LHL, provided that any extension does not conflict with other orders for that Product, and you have paid the additional Rental Fee applicable to that Product for the period of time of the extension. You must return the Product in the Return Packaging to a courier at the Secure Delivery Address, or to a delivery company specified by LHL at an agreed address, by 12 p.m. on or before the date that the Product is due. We are not responsible for any personal or other items left in the Products or which are returned to LHL in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at firstname.lastname@example.org. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.
LATE FEES. If you return the Products late or not at all, a late fee of fifty dollars (£50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to LHL for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value (plus the Rental Fee). If you have not returned a Product within twenty eight (28) days after the return date for the Product, your late return will be considered a non-return and LHL will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid.
PAYMENT OF 100% RENTAL VALUE LHL will not charge you for more than an amount equal to 100% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay LHL an amount equal to 100% of the Retail Value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
LOST RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing LHL with a tracking number. Also, if you lose or fail to return the LHL carrying case you will be charged £50. If you still possess the LHL carrying case, it is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
LIMITED WARRANTIES. The following are the limited warranties LHL provides in connection with Product rentals. LHL’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by LHL. See Section 7(A) below.
- CORRECT PRODUCTS.Subject to availability, we will deliver the Products you ordered, including the specified size, colour and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in colour and style than as displayed on the Site or App.
- SIZING RETURNS.If your Product does not fit you because the watch bracelet is not adjustable, then you may return the Product to LHL within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting LHL at email@example.com and returning the Product in conformance with the return procedures above (a “Sizing Return”). LHL will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by you of our Products, so long as the Product, in our sole discretion, has not been worn.
The following additional conditions apply to the sale of any Product.
PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by us on the Site or App or by email as available for purchase are eligible for purchase by you. LHL will professionally inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
PURCHASE PRICE. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site or App in connection with your purchase of the Products. Purchase Price is as listed on the LHL website or by direct communication from LHL to you at the time of purchase, and is subject to change. LHL reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorise LHL to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices include VAT but exclude any customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by LHL, shall be paid by you to LHL in connection with your purchase order. Purchase orders are final and cannot be cancelled.
3. SUBSCRIPTION PROGRAMS
A. General Conditions
LHL provides certain subscription programs, as described under this Section 3. This Section 3(A) sets out terms and conditions that apply to your participation in any of these programs. Section 3(B) sets out additional terms and conditions that apply to the LHL “Monthly Repeat” service.
CHANGES TO PROGRAMS. LHL reserves the right to add, remove or modify subscription program benefits at any time, but we will use reasonable efforts to notify you of any material changes. In the event of any such material change, you may cancel your subscription immediately upon notice to us, and we will give you a prorated refund for the remainder of your current subscription period. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
FAILURE TO PAY FEES.. We reserve the right to pursue any amounts you fail to pay in connection with any subscription program in accordance with these Terms.
TERMINATION. We may terminate any of the subscriptions programs, or your membership in any of these programs, at any time. If we do so, we will give you a prorated refund for the remainder of your current subscription period. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms or conditions set out in these Terms or any applicable law.
B. Monthly Repeat.
The following additional terms and conditions apply if you subscribe to our Monthly Repeat service (“MRS”).
FEES. If you subscribe to MRS, LHL will charge you a recurring automatic monthly subscription fee. The current MRS subscription fee is set out in the description of each Product, where MRS is available, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorise LHL or our third party payment processor to charge your payment card for the applicable MRS subscription fee. LHL MRS subscription fees are non-refundable except as expressly set forth below. Taxes may apply on MRS subscription fees.
SUBSCRIPTION CANCELLATION AND RENEWAL. You may cancel MRS at any time, but your cancellation will be effective at the end of the current month. This means your MRS subscription will continue for the remainder of that period and you will not receive a refund. Your MRS subscription renews automatically on a monthly basis at the then current fee and benefits then in effect until you cancel. You may cancel or renew MRS or find out more information about your MRS subscription, including your expiration date, by contacting firstname.lastname@example.org.
4. Use of the Services
A. LHL Content
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“LHL Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The LHL Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any LHL Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the LHL Content.
UPDATES We may update the LHL Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to email@example.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
B. Third Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-LHL websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and LHL is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from LHL, and LHL has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that LHL endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
C. Acceptable Use Policy
USE OF LHL CONTENT. No part of the Services, including the LHL Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that LHL authorises you to view, copy, download, and print LHL Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the LHL Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the LHL Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the LHL Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which LHL considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a LHL representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend LHL and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, legal fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
D. Your Content
If you post, upload or make available to LHL or the Services, or otherwise submit to or through LHL as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to LHL a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise LHL to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
E. Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorised or unauthorised access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify LHL promptly of any unauthorised use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the LHL Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
5. INTELLECTUAL PROPERTY
A. Ownership of the Services
The Services, including the LHL Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of LHL and its affiliates and licensors, and are protected from unauthorised copying and dissemination by UK copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Luxury Hours” and the LHL logo are registered trademarks of Luxury Hours Limited., under the applicable laws of the UK and/or other countries. Other LHL product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of LHL and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. LHL and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any LHL Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of LHL or such third party that may own such LHL Content.
B. Services License
Subject to your compliance with these Terms, LHL grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
C. App License
Subject to the terms of these Terms, LHL grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that LHL may use your Feedback without restriction or obligation to you or any third party.
E. Notice and Take Down Procedures; Copyright Agent
If you believe any LHL Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting LHL’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorised version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorised representative.
A. Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at firstname.lastname@example.org. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
B. Termination By LHL
Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. LHL may also terminate your account if LHL determines that your conduct poses a risk or liability to LHL, or for any other reason as determined by LHL in its sole discretion.
C. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 3(A) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9, including the mandatory arbitration and class-action waiver provisions.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. Limited Warranties
The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by LHL in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and LHL’s sole and exclusive liability for a breach by LHL of the limited warranties set out in Section 2(B) shall be, at LHL’s option, LHL’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
B. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, LHL DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE LHL CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
C. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LHL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF LHL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
8. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 8 includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity. Please read it carefully.
A. Informal Process First
Both you and LHL agree that in the event of any dispute between us, you and LHL will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
B. Mandatory Arbitration of Disputes
All disputes between you and LHL will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of LHL or you, shall be resolved by mandatory and binding arbitration.
C. Class Action Waiver
The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and LHL shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
JURISDICTIONAL ISSUES. LHL makes no representation that the Services are appropriate or available for use outside the United Kingdom. Those who choose to access the Services or any part thereof from outside the United Kingdom do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that LHL intends to announce or make available such products or services to the general public, or in your country. Contact LHL at email@example.com to determine which products and services may be available to you.
ENTIRE AGREEMENT. These Terms are the entire agreement between you and LHL relating to the subject matter herein and shall not be modified except by LHL in accordance with these Terms, or as otherwise agreed in writing by you and LHL. No employee, agent or other representative of LHL has any authority to bind LHL with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. LHL may assign these Terms at any time without notice to you.
FORCE MAJEURE. LHL will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond LHL’s reasonable control.
CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to LHL at firstname.lastname@example.org.[/vc_column_text][/vc_column][/vc_row]