Store Policy

Agreement to terms

These Terms of Use constitute a legally binding agreement made between you,

whether personally or on behalf of an entity ("you") and Lulumes LLC ("Company",

"We", "us", or "our"), concerning your access to and use of the www.lulumes.store

website as well as any other media form, media channel, mobile website or mobile

application related, linked, or otherwise connected thereto (collectively, the

"Site"). We are registered in Florida, United States and have our registered office at

5106 buchanan dr, Fort Pierce, FL 34982. You agree that by accessing the Site, you

have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU

DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE

EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU 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 herein by reference. We reserve

the right, in our sole discretion, to make changes or modifications to these Terms of

Use from time to time. We will alert you about any changes by updating the "Last

updated" date of these Terms of Use, and you waive any right to receive specific

notice of each such change. Please ensure that you check the applicable Terms

every time you use our Site so that you understand which Terms apply. You will be

subject to, and will be deemed to have been made aware of and to have accepted,

the changes in any revised Terms of Use by your continued use of the Site after the

date such revised Terms of Use are posted.

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. Accordingly, those persons who

choose to access the Site from other locations do so on their own initiative and are

solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance

Portability and Accountability Act (HIPAA), Federal Information Security Management

Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may

not use this Site. You may not use the Site in a way that would violate the Gramm-

Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 13 years of age. All users who are

minors in the jurisdiction in which they reside (generally under the age of 18) must

have the permission of, and be directly supervised by, their parent or guardian to use

the Site. If you are a minor, you must have your parent or guardian read and agree to

these Terms of Use prior to you using the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code,

databases, functionality, software, website designs, audio, video, text, photographs,

and graphics on the Site (collectively, the "Content") and the trademarks, service

marks, and logos contained therein (the "Marks") are owned or controlled by us or

licensed to us, and are protected by copyright and trademark laws and various other

intellectual property rights and unfair competition laws of the United States,

international copyright laws, and international conventions. The Content and the

Marks are provided on the Site "AS IS" for your information and personal use only.

Except as expressly provided in these Terms of Use, no part of the Site and no

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 whatsoever, without our express prior written permission.

Provided that 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 solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Contentand the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you

submit will be true, accurate, current, and complete; (2) you will maintain the

accuracy of such information and promptly update such registration information as

necessary; (3) you have the legal capacity and you agree to comply with these Terms

of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction

in which you reside, or if a minor, you have received parental permission to use the

Site; (6) you will not access the Site through automated or non-human means,

whether through a bot, script or otherwise; (7) you will not use the Site for any illegal

or unauthorized purpose; and (8) your use of the Site will not violate any applicable

law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password

confidential and will be responsible for all use of your account and password. We

reserve the right to remove, reclaim, or change a username you select if we

determine, in our sole discretion, that such username is inappropriate, obscene, or

otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colors, features,

specifications, and details of the products available on the Site. However, we do not

guarantee that the colors, features, specifications, and details of the products will be

accurate, complete, reliable, current, or free of other errors, and your electronic

display may not accurately reflect the actual colors and details of the products. All

products are subject to availability, and we cannot guarantee that items will be in

stock. We reserve the right to discontinue any products at any time for any reason.

Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

-Visa

-Mastercard

-American Express

-Discover

- PayPal

You agree to provide current, complete, and accurate purchase and account

information for all purchases made via the Site. You further agree to promptly update

account and payment information, including email address, payment method, and

payment card expiration date, so that we can complete your transactions and contact

you as needed. Sales tax will be added to the price of purchases as deemed required

by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any

applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to

correct any errors or mistakes in pricing, even if we have already requested or

received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole

discretion, limit or cancel quantities purchased per person, per household, or per

order. These restrictions may include orders placed by or under the same customer

account, the same payment method, and/or orders that use the same billing or

shipping address. We reserve the right to limit or prohibit orders that, in our sole

judgment, appear to be placed by dealers, resellers, or distributors.

7. RETURN/REFUNDS POLICY

Please review our Return Policy posted on the Site prior to making any purchases.

8. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we

make the Site available. The Site may not be used in connection with any

commercial endeavors except those that are 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

written permission from us.

- Trick, defraud, or mislead us and other users, especially in any attempt to learn

sensitive account information such as user passwords.

Circumvent. disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any

Content or enforce limitations on the use of the Site and/or the Content

contained therein.

- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

- Use any information obtained from the Site in order to harass, abuse, or harm

another person.

Make improper use of our support services or submit false reports of abuse or

misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,

or other material, including excessive use of capital letters and spamming

(continuous posting of repetitive text), that interferes with any party's

uninterrupted use and enjoyment 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 using any data mining, robots, or similar data

gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of

another user.

A

Upload or transmit (or attempt to upload or to transmit) any material that acts

as a passive or active information collection or transmission mechanism,

including without limitation, clear graphics interchange formats ("gifs"), 1x1

pixels, web bugs, cookies, or other similar devices (sometimes referred to as

"spyware" or "passive collection mechanisms" or "pcms").

- 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

engaged in providing any portion of the Site to you.

 

- Attempt to bypass any measures of the Site 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.

Except as may be the result of standard search engine or Internet browser

usage, use, launch, develop, or distribute any automated system, including

without limitation, any spider, robot, cheat utility, scraper, or offline reader that

accesses the Site, or using or launching any unauthorized script or other

software.

Use a buying agent or purchasing agent to make purchases on the Site.

- Make any unauthorized use of the Site, including collecting usernames and/or

email addresses of users by electronic or other means for the purpose of

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.

- Use the Site to advertise or offer to sell goods and services

- Sell or otherwise transfer your profile.

8. PROHIBITED ACTIVITIES

The Site does not offer users to submit or post content. We may provide you with the

opportunity 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 or other material (collectively, "Contributions"). Contributions may be

viewable by other users of the Site and through third-party websites. As such, any

Contributions you transmit may be treated in accordance with the Site Privacy Policy.

When you create or make available any Contributions, you thereby 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 the proprietary rights, including but not limited to the copyright, patent,

trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights,

consents, releases, and permissions to use and to authorize us, the Site, and

other users of the Site to use your Contributions in any manner contemplated

by the Site and these Terms of Use.

You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or likeness

of each and every such identifiable individual person to enable inclusion and

use of your Contributions in any manner contemplated by the Site and these

Terms of Use.

- Your Contributions are not false, inaccurate, or misleading.

- Your Contributions are not 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 (in the legal sense of

those terms) any other person and to promote violence against a specific

person or class of people.

- Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third

party.

- Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of

minors;

- Your Contributions do not include any offensive comments that are connected

to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any

provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates

these Terms of Use and may result in, among other things, termination or suspension

of your rights to use the Site and the Marketplace Offerings.

10. CONTRIBUTION LICENSE

You and Site agree that we may access, store, process, and use any information and

personal data that you provide following the terms of the Privacy Policy and your

choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we

can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of

all of your Contributions and any intellectual property rights or other proprietary rights

associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area on the Site. You

are solely responsible for your Contributions to the Site and you expressly agree to

exonerate us from any and all responsibility and to refrain from any legal action

against us regarding your Contributions.

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a

review, you must comply with the following criteria: (1) you should have firsthand

experience with the person/entity being reviewed; (2) your reviews should not contain

offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews

should not contain discriminatory references based on religion, race, gender, national

origin, age, marital status, sexual orientation, or disability; (4) your reviews should not

contain references to illegal activity; (5) you should not be affiliated with competitors if

posting negative reviews; (6) you should not make any conclusions as to the legality

of conduct; (7) you may not post any false or misleading statements; and (8) you may

not organize a campaign encouraging others to post reviews, whether positive or

negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely

no obligation to screen reviews or to delete reviews, even if anyone considers

reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not

necessarily represent our opinions or the views of any of our affiliates or partners. We

do not assume liability for any review or for any claims, liabilities, or losses resulting

from any review. By posting a review, you hereby grant to us a perpetual, non-

exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and

license to reproduce, modify, translate, transmit by any means, display, perform,

and/or distribute all content relating to review.

12. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts

you have with third-party service providers (each such account, a "Third-Party

Account") by either: (1) providing your Third-Party Account login information through

the Site; or (2) allowing us to access your Third-Party Account, as is permitted under

the applicable terms and conditions that govern your use of each Third-Party

Account. You represent and warrant that you are entitled to disclose your Third-Party

Account login information to us and/or grant us access to your Third-Party Account,

without breach by you of any of the terms and conditions that govern your use of the

applicable Third-Party Account, and without obligating us to pay any fees or making

us subject to any usage limitations imposed by the third-party service provider of the

Third-Party Account. By granting us access to any Third-Party Accounts, you

understand that (1) we may access, make available, and store (if applicable) any

content that you have provided to and stored in your Third-Party Account (the "Social

Network Content") so that it is available on and through the Site via your account,

including without limitation any friend lists and (2) we may submit to and receive from

your Third-Party Account additional information to the extent you are notified when

you link your account with the Third-Party Account. Depending on the Third-Party

Accounts you choose and subject to the privacy settings that you have set in such

Third-Party Accounts, personally identifiable information that you post to your Third-

Party Accounts may be available on and through your account on the Site. Please

note that if a Third-Party Account or associated service becomes unavailable or our

access to such Third-Party Account is terminated by the third-party service provider,

then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site

and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR

RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED

WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR

AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited

to, for accuracy, legality, or non-infringement, and we are not responsible for any

Social Network Content. You acknowledge and agree that we may access your email

address book associated with a Third-Party Account and your contacts list stored on

your mobile device or tablet computer solely for purposes of identifying and informing

you of those contacts who have also registered to use the Site. You can deactivate

the connection between the Site and your Third-Party Account by contacting us using

the contact information below or through your account settings (if applicable). We will

attempt to delete any information stored on our servers that was obtained through

such Third-Party Account, except the username and profile picture that become

associated with your account.

13. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas,

feedback, or other information regarding the Site or the Marketplace Offerings

("Submissions") provided by you to us are non-confidential and shall become our

sole property. We shall own exclusive rights, including all intellectual property rights,

and shall be entitled to the unrestricted use and dissemination of these Submissions

for any lawful purpose, commercial or otherwise, without acknowledgment or

compensation to you. You hereby waive all moral rights to any such Submissions,

and you hereby warrant that any such Submissions are original with you or that you

have the right to submit such Submissions. You agree there shall be no recourse

against us for any alleged or actual infringement or misappropriation of any

proprietary right in your Submissions.

14. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings)

links to other websites ("Third-Party Websites") as well as articles, photographs, text,

graphics, pictures, designs, music, sound, video, information, applications, software,

and other content or items belonging to or originating from third parties ("Third-Party

Content"). Such Third-Party Websites and Third-Party Content are not investigated,

monitored, or checked for accuracy, appropriateness, or completeness by us, and we

are not responsible for any Third Party Websites accessed through the Site or any

Third-Party Content posted on, available through, or installed from the Site, including

the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other

policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party

Websites or any Third-PartyContent does not imply approval or endorsement thereof

by us. If you decide to leave the Site and access the Third-Party Websites or to use

15. 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.

16. 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

he Site and the Marketplace Offerings.

17. PRIVACY POLICY

We care about data privacy and security. By using the Site or the Marketplace

Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is

incorporated into these Terms of Use. Please be advised the Site and the

Marketplace Offerings are hosted in the United States. If you access the Site or the

Marketplace Offerings 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 expressly consent to have

your data transferred to and processed in the United States. Further, we do not

knowingly accept, request, or solicit information from children or knowingly market to

children. Therefore, in accordance with the U.S. Children's Online Privacy Protection

Act, if we receive actual knowledge that anyone under the age of 13 has provided

personal information to us without the requisite and verifiable parental consent, we

will delete that information from the Site as quickly as is reasonably practical. 

18. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE

RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE

OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE

MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP

ADDRESSES). TO ANY PERSON FOR ANY REASON OR FOR NO REASON,

INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,

WARRANTY. OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF

ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR

PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR

DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU

POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from

registering and creating a new account under your name, a fake or borrowed name,

or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and

injunctive redress. 

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any

time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our Site. We also reserve the right to modify

or discontinue all or part of the Marketplace Offerings without notice at any time. We

will not be liable to you or any third party for any modification, price change,

suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot quarantee the Site and the Marketplace Offerings will be available at all

times. We may experience hardware, software, or other problems or need to perform

maintenance related to the Site, resulting in interruptions, delays, or errors. We

reserve the right to change, revise, update, suspend, discontinue, or otherwise

modify the Site or the Marketplace Offerings at any time or for any reason without

notice to you. You agree that we have no liability whatsoever for any loss, damage, or

inconvenience caused by your inability to access or use the Site or the Marketplace

Offerings during any downtime or discontinuance of the Site or the Marketplace

Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain

and support the Site or the Marketplace Offerings or to supply any corrections,

updates, or releases in connection therewith.

20. GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are

governed by and construed in accordance with the laws of the State of Florida

applicable to agreements made and to be entirely performed within the State of

Florida, without regard to its conflict of law principles.

21. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim

related to these Terms of Use (each "Dispute" and collectively, the "Disputes")

brought by either you or us (individually, a "Party" and collectively, the "Parties"), the

Parties agree to first attempt to negotiate any Dispute (except those Disputes

expressly provided below) informally for at least thirty (30) days before initiating

arbitration. Such informal negotiations commence upon written notice from one Party

to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the

Dispute (except those Disputes expressly excluded below) will be finally and

exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT

THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE

A JURY TRIAL. The arbitration shall be commenced and conducted under the

Commercial Arbitration Rules of the American Arbitration Association ("AAA") and,

where appropriate, the AAA's Supplementary Procedures for Consumer Related

Disputes ("AAA Consumer Rules"), both of which are available at the AAA website

www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be

governed by the AAA Consumer Rules and, where appropriate, limited by the AAA

Consumer Rules. The arbitration may be conducted in person, through the

submission of documents, by phone, or online. The arbitrator will make a decision in

writing, but need not provide a statement of reasons unless requested by either

Party. The arbitrator must follow applicable law, and any award may be challenged if

the arbitrator fails to do so. Except where otherwise required by the applicable AAA

rules or applicable law, the arbitration will take place in st lucie county, Florida.

Except as otherwise provided herein, the Parties may litigate in court to compel

arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or

enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall

be commenced or prosecuted in the state and federal courts located in St Lucie

County, Florida, and the Parties hereby consent to, and waive all defenses of lack of

personal jurisdiction, and forum non conveniens with respect to venue and

jurisdiction in such state and federal courts. Application of the United Nations

Convention on Contracts for the International Sale of Goods and the Uniform

Computer Information Transaction Act (UCITA) are excluded from these Terms of

Use

 

In no event shall any Dispute brought by either Party related in any way to the Site be

commenced more than one (1) years after the cause of action arose. If this provision

is found to be illegal or unenforceable, then neither Party will elect to arbitrate any

Dispute falling within that portion of this provision found to be illegal or unenforceable

and such Dispute shall be decided by a court of competent jurisdiction within the

courts listed for jurisdiction above, and the Parties agree to submit to the personal

jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the

Parties individually. To the full extent permitted by law, (a) no arbitration shall be

joined with any other proceeding; (b) there is no right or authority for any Dispute to

be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported

representative capacity on behalf of the general public or any other persons

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions

concerning informal negotiations binding arbitration: (a) any Disputes seeking to

enforce or protect, or concerning the validity of, any of the intellectual property rights

of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,

invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this

provision is found to be illegal or unenforceable, then neither Party will elect to

arbitrate any Dispute falling within that portion of this provision found to be illegal or

unenforceable and such Dispute shall be decided by a court of competent jurisdiction

within the courts listed for jurisdiction above, and the Parties agree to submit to the

personal jurisdiction of that court.

22. CORRECTIONS

There may be information on the Site that contains typographical errors,

inaccuracies, or omissions that may relate to the Marketplace Offerings, including

descriptions, pricing, availability, and various other information. We reserve the right

to correct any errors, inaccuracies, or omissions and to change or update the

information on the Site at any time, without prior notice.

23. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE

THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO

THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,

EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE

THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-

INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT

THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE

CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME

NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR

INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR

PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM

YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS

TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL

INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY

INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.

(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE

TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)

ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY

LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF

ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE

VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE. OR ASSUME

RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED

WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY

BANNER OR OTHER ADVERTISING. AND WE WILL NOT BE A PARTY TO OR IN

ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN

YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS

WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND

EXERCISE CAUTION WHERE APPROPRIATE

24. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE

LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE

DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS

OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE

AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND

INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED

WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF

THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR

LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL

RIGHTS.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys' fees and expenses, made by any third party due to or arising out of: (1)

use of the Site; (2) 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

the rights of a third party, including but not limited to intellectual property rights; or (5)

any overt harmful act toward any other user of the Site with whom you connected via

the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to

assume the exclusive defense and control of any matter for which you are required to

indemnify us, and you agree to cooperate, at your expense, with our defense of such

claims. We will use reasonable efforts to notify you of any such claim, action, or

proceeding which is subject to this indemnification upon becoming aware of it.

26. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of

managing the performance of the Site, as well as data relating to your use of the Site.

Although we perform regular routine backups of data, you are solely responsible for

all data that you transmit or that relates to any activity you have undertaken using the

Site. You agree that we shall have no liability to you for any loss or corruption of any

such data, and you hereby waive any right of action against us arising from any such

loss or corruption of such data.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic

communications. You consent to receive electronic communications, and you agree

that all agreements, notices, disclosures, and other communications we provide to

you electronically, via email and on the Site, satisfy any legal requirement that such

communication be in writing. YOU HEREBY AGREE TO THE USE OF

ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,

AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF

TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. YOU

hereby waive any rights or requirements under any statutes, regulations, rules,

ordinances, or other laws in any jurisdiction which require an original signature or

delivery or retention of non-electronic records, or to payments or the granting of

credits by any means other than electronic means.

28. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the California Department of

Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,

California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

29. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in

respect to the Site constitute the entire agreement and understanding between you

and us. Our failure to exercise or enforce any right or provision of these Terms of Use

shall not operate as a waiver of such right or provision. These Terms of Use operate

to the fullest extent permissible by law. We may assign any or all of our rights and

obligations to others at any time. We shall not be responsible or liable for any loss,

damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be

unlawful, void, or unenforceable, that provision or part of the provision is deemed

severable from these Terms of Use and does not affect the validity and enforceability

of any remaining provisions. There is no joint venture, partnership, employment or

agency relationship created between you and us as a result of these Terms of Use or

use of the Site. You agree that these Terms of Use will not be construed against us

by virtue of having drafted them. You hereby waive any and all defenses you may

have based on the electronic form of these Terms of Use and the lack of signing by

the parties hereto to execute these Terms of Use.

30. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information

regarding use of the Site, please contact us at:

Lulumes LLC

3241 sw port st lucie Blvd

Port St Lucie, FL 34953

United States

Phone:

management@lulumes.co