TERMS OF SERVICE
1. Definition
OmLuxe.com is the digital service operated by OmLuxe LLC and consists of information and content provided by OmLuxe LLC, its parent, affiliates, subsidiaries, operational providers, partners and other third parties. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and use of omluxe.com.
2. General
This Agreement sets forth the terms and conditions that apply to use omluxe.com by the Subscriber. By omluxe.com, the Subscriber agrees to comply with all of the terms and conditions hereof. The right to use omluxe.com is personal to the Subscriber and is not transferable to any other person or entity. The Subscriber is responsible for all use of the Subscriber’s Account and for ensuring that all use of the Subscriber’s Account complies fully with the provisions of this Agreement.
omluxe.com shall have the right at any time to change or discontinue any aspect or feature of omluxe.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
The section headings used herein are for convenience only and shall not be given any legal import.
3. Modification of Terms
OmLuxe.com may amend this Agreement from time to time without notice. Any changes in terms of service will be incorporated into a revised Agreement that will be posted on OmLuxe.com. The Subscriber has the obligation to review changes to this Agreement, including any changes to our Privacy Policy. Unless otherwise specified, such changes shall be effective when they are posted. The Subscriber’s access or use of omluxe.com constitutes the Subscriber’s agreement to be bound by this Agreement, including any changes that exist when the Subscriber re-accesses OmLuxe.com. If the subscriber does not agree with the terms of this agreement, or any posted guidelines or rules, then the Subscriber should not use OmLuxe.com.
4. Participation
The Subscriber must be eighteen (18) years of age or older to participate in any activities or services offered on OmLuxe.com. Registration with OmLuxe.com is required in order to access certain services. The Subscriber’s registration information will be handled by OmLuxe.com in accordance with our Privacy Policy, which the Subscriber should review prior to registering with OmLuxe.com.
5. Subscriber Conduct
The Subscriber shall use OmLuxe.com for lawful purposes only. The Subscriber shall not post or transmit through OmLuxe.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a Subscriber that in OmLuxe.com’s discretion restricts or inhibits any other Subscriber from using or enjoying OmLuxe. com will not be permitted. The Subscriber shall not use OmLuxe.com to advertise or perform any commercial solicitation.
OmLuxe.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of OmLuxe.com are copyrighted as a collective work under copyright laws. The Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of OmLuxe LLC, its parent, affiliates, subsidiaries, operational providers and/or partners. The Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
The foregoing provisions of Section 6 are for the benefit of OmLuxe,LLC its parent, affiliates, subsidiaries, operational providers and partners and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Content and Third Party Links
OmLuxe.com contains links and indicators to other websites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to the Subscriber and do not constitute an endorsement by OmLuxe.com, its parent, affiliates, subsidiaries, operational providers and/or partners of any third party resources or content. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. OmLuxe.com, its parent, affiliates, subsidiaries, operational providers and/or partners reserves the right, in their sole discretion, to terminate links with any third parties or other websites that are deemed inappropriate or inconsistent with OmLuxe, omluxe.com, its parent, affiliates, subsidiaries, operational providers and/or partners make no representations about the content, functionality or practices of such third party sites and resources and disclaim any and all warranties, whether expressed or implied.
7. Disclaimer of Liability
The Subscriber agrees the use of omluxe.com is at the Subscriber’s sole risk. Neither omluxe.com or OmLuxe LLC, its parent, affiliates, subsidiaries, operational providers and partners warrant that omluxe.com will provide an uninterrupted or error-free service, nor as to the results that may be obtained from use of omluxe.com, nor as to the accuracy, reliability or content of any information service or merchandise provided through omluxe.com.
omluxe.com is provided on an “as is” basis without warranties of any kind.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, wrongful behavior, negligence, or under any other cause of action.
In addition to the terms set forth above neither omluxe.com or OmLuxe LLC, its parents, affiliates, subsidiaries, employees, directors, officers, agents, operational providers and/or partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within omluxe.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising from that or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Additionally, there are no warranties as to the results obtained from the use of information contained within OmLuxe LLC.
8. Monitoring
OmLuxe LLC, affiliates, subsidiaries, operational providers and/or partners shall have the sole discretionary right to edit, refuse to post or remove any material submitted to or posted on OmLuxe LLC.
9. Indemnification
The Subscriber agrees to defend, indemnify and hold harmless OmLuxe LLC, its parents, affiliates, subsidiaries, employees, directors, officers, agents, operational providers and partners from and against all claims and expenses arising out of the use of omluxe.com by the Subscriber or the Subscriber’s Account.
10. Termination
Either OmLuxe LLC, its parents, affiliates, subsidiaries, operational providers and/or partners, or the Subscriber may terminate this Agreement at any time.
11. Trademarks
OmLuxe and OmLuxe.com and all associated logos are trademarks of OmLuxe, LLC and all rights are reserved. All other trademarks appearing on omluxe.com remain the property of their respective owners.
12. Privacy Policy
The Subscriber acknowledges they have read and agree to the Privacy Policy of omluxe.com, including terms under which personal data is gathered and may be used for marketing purposes.
13. Governing Law
This Agreement shall be construed in accordance with the laws of the United States of America.
14. Entirety of Agreement
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
For copyright inquiries, web posting, reprint, transcript, or licensing queries, please contact wellness@omluxe.com
15. Amazon Affiliate
OmLuxe Lifestyle is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com
16. All Stock Photography that appears thru out the site if not the photography of Pamela Jones has been supplied by Unsplash and Shuterstock.