Terms and Conditions
1. Data integrity. You represent that all of the information, data and other materials you provide on the Site or to LuxePros through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on the Site, as appropriate.
2. Privacy Notice. A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information on the Site is located at http://www.LuxePros.com/company/privacy. You consent to any personal information we obtain about you (either via the Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. We may update the Privacy Notice from time to time in our sole and absolute discretion, and post an updated version of the notice at the Site address provided above.
3. License. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, icons, images, audio clips, downloads, artwork, computer code and software (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to LuxePros, and is protected by trademark, copyright and other applicable U.S. laws.
4. Content and Site Access. LuxePros grants limited license to access and make personal use of the Site to paid memberships (professional trade members, architect members, industry partner members, collectively "Trade Members"). Unless indicated to the contrary, Trade Members may access, copy, download and print the Content available on the Site for their personal and business related use, provided they do not modify or delete any trademark, copyright, or other proprietary notices that appear in the Content. LuxePros or its licensors or Content providers retain full and complete title to the Content available on the Site, including all associated intellectual property rights, and provide this Content to Trade Members under a license that is revocable at any time in LuxePros' sole and absolute discretion.
LuxePros strictly prohibits any other use of any Content available through the Site, including but not limited to:
a. any downloading, copying or other use of the content on the Site for purposes competitive to LuxePros or for the benefit of another vendor or any third party;
b. any caching, unauthorized linking to the Site or the framing of any content available on the Site;
c. any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
d. any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
e. using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
f. any action that imposes or may impose (in LuxePros' sole and absolute discretion) an unreasonable or disproportionately large load on LuxePros' infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to the Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by LuxePros.
LuxePros reserves the right to refuse or cancel any person’s membership to the Site, remove any person from the Site and prohibit any person from using the Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. LuxePros neither warrants nor represents that your use of the Content available on the Site will not infringe rights of third parties not affiliated with LuxePros. Termination of your access or use will not waive or affect any other right or relief to which LuxePros may be entitled, at law or in equity.
5. Submissions. LuxePros may now or in the future permit the submission of photo or other content submitted by you and other users ("Submissions") and the hosting, sharing, and/or publishing of such Submissions. You understand that whether or not such Submissions are published, LuxePros does not guarantee any confidentiality with respect to any submissions and that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content.
In connection with Submissions, you may not upload to, distribute or otherwise publish through the Site any content that:
a. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant LuxePros all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage LuxePros and/or any third party;
b. images that do not represent, at a minimum 75% or more of your own work. If such image represents less than 75% of your own work, a statement must accompany the image stating what portion and type of the work in the image is representative of your work;
c. submit material that is unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable in the sole and absolute discretion of LuxePros, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
d. post advertisements or solicitations of business except those that have been expressly and separately contracted;
e. may contain software viruses or malware;
f. contains advertisements or solicitations of any kind, or other commercial content;
g. may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on the Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
h. contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
i. contains messages by non-spokesperson employees of LuxePros purporting to speak on behalf of LuxePros or containing confidential information or expressing opinions concerning LuxePros;
j. contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
k. contains multiple messages placed within individual folders by the same user restating the same point;
l. contains chain letters of any kind; or
m. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
You understand that when using the Site, you will be exposed to Submissions from a variety of sources, and that LuxePros is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LuxePros with respect thereto, and agree to indemnify and hold LuxePros, its Owners/Operators, affiliates, and/or licensers, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
The images referenced, made accessible or made available to you on the Site or by means of the Site are protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not LuxePros. LuxePros cannot give you authorization to use the copyrighted images. We cannot guarantee that the Site will not locate unintended or objectionable content and LuxePros accepts no responsibility or liability for the content of any site included in any LuxePros item, set or board, or otherwise linked to the Site, or for your use of such content. LuxePros reserves the right to remove any pictures or content without notice to you, any other user, or any third party.
6. Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes infringement on the Site, please provide the following information to the addressee below:
a. a physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
b. a description of the copyrighted work claimed to have been infringed;
c. a description of the infringing material and information reasonably sufficient to permit LuxePros to locate the material;
d. your contact information, including your address, telephone number, and email;
e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. 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.
Claims can be emailed to info@LuxePros.com
7. Redistribution. You may display images of color boards from the Site on other sites for your own commercial use, provided that you do so with the embed code provided by LuxePros. You must not alter LuxePros' embed code in any way. You must not distribute any content from the Site to third party sources without the express written consent from LuxePros otherwise. Images on the Site are intellectual property of copyright owners and must not be used for commercial use without permission from the owner.
8. To The Trade Database. LuxePros is providing the to the trade database and its contents on an "as is" basis and makes no representations, warranties or claims of any kind as to the accuracy, or completeness of the information, text, graphics, and links contained in respect to the database or its contents. Price and availability information is subject to change without notice.
Neither LuxePros nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of the Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
9. Links. The Site may contain links to other sites or resources that are operated by third parties not affiliated with LuxePros. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. LuxePros is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource. You should be careful to review any privacy policies of any linked sites or resources.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND FROM TIME TO TIME. LUXEPROS DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE LUXEPROS SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF LUXEPROS. LUXEPROS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF THE LUXEPROS MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE LUXEPROS SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER LUXEPROS NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THE SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THE SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR LUXEPROS MEMBERSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS); (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE LUXEPROS SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LUXEPROS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER LUXEPROS NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH LUXEPROS IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND LUXEPROS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Indemnities. You will indemnify and hold harmless LuxePros for, from, against and with respect to any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by LuxePros, and you shall defend LuxePros against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. LuxePros will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior express written approval of LuxePros .
13. Electronic Communications. When you use the Site or send emails to LuxePros, you are communicating with LuxePros electronically. You consent to receive electronically any communications related to your use of the Site. LuxePros will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from LuxePros intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the LuxePros Sites.
14. Site-Provided Email and Postings. The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. LuxePros is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. LuxePros, in its sole and absolute discretion, may monitor, not post or remove any such content.
15. Access to Password Protected Site Features. Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify LuxePros immediately. LuxePros may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on the Site, have been made by you unless we receive notice indicating otherwise.
16. Customer Information
a. Industry-standard SSL (Secure Sockets Layer) encryption is always used to protect your purchase information while in transit. When logging in or checking out on the Site, all sensitive data is transmitted over HTTPS. This means a secure SSL connection has been established, and that all data transmitted through this connection will be encrypted.
b. Stored credit card information is always encrypted and maintained in an environment that has been certified as PCI DSS compliant by a qualified security assessor.
c. The Site is constantly scanned and validated to verify application and network security.
d. All internal security standards, policies and practices are frequently reviewed and improved based on the current industry security practices.
17. Fraud. If you suspect that your account information has been compromised or fraudulent charges have been made on your LuxePros account, please contact Customer Support immediately for assistance by contacting us through the Site or calling 602.559.4850.
18. Trademarks and Copyrights. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of LuxePros or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the express written permission of LuxePros or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without LuxePros' express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without LuxePros' express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.
19. Claims of Intellectual Property Infringement. LuxePros respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that LuxePros has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of Site users or LuxePros members who are repeat copyright infringers. LuxePros may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide LuxePros' Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;
d. your address, telephone number, and, if available, email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf
LuxePros' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o LuxePros, L.L.C.
2600 North Central Avenue, Suite 730
Phoenix, Arizona 85004
LuxePros may update this contact information at any time and from time to time without notice to you. We will post the current contact information on the Site.
22. General. From time to time, LuxePros may offer special promotional offers that may or may not apply to your LuxePros account. You agree to be bound by any additional terms and conditions for these special offers, which can be found by clicking here.
26. Legal Notices. Any written correspondences between the parties must be mailed certified return receipt requested, to LuxePros at the address stated in paragraph 19 for the notice to be deemed irrefutably received.
Effective Date. August 1, 2015