Terms of service.

PLEASE READ ALL OF THE FOLLOWING TERMS CAREFULLY AS THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 14 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Effective 4/18/2023

This Terms of Service Agreement (“Agreement”) is made between SFL LLC d/b/a ReloveLuxe (“ReloveLuxe”) owner and publisher of www.reloveluxe.com (the “Platform”) and You (“User”) who may access and use the Platform and technology thereon only pursuant to the following terms and conditions.

1. Acceptance of Terms. By accessing and using the Platform, User hereby READS, UNDERSTANDS, ACCEPTS, and AGREES to be bound by this Agreement’s terms and conditions. Should User NOT accept these terms and conditions, User must neither access nor otherwise use any part of the Platform or content or information available therewith. To the extent permitted by law, ReloveLuxe may amend, at any time and from time to time, this Agreement by posting a version of this Agreement to https://www.reloveluxe.com/terms. ReloveLuxe will notify User on its website and/or via email that amended terms have been posted. User agrees that its continued use of the Platform constitutes an acceptance of such amendments. User shall have the opportunity to refuse said amendments solely by ceasing access to and utilization of the Platform.

2. Residency and Age. The Platform is intended to be accessed and utilized by Users who have attained the age of majority in their respective state or province. By accessing and using the Platform, User hereby represents, warrants, and affirms that it is either at least 18 years of age. The Platform is not intended to be accessed or utilized by people less than 18 years of age.

3. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PLATFORM AND THE ENTIRETY OF ITS CONTENT AND INFORMATION AND MATERIALS PROVIDED THEREWITH AND CONTENT AVAILABLE THEREON ARE PROVIDED “AS IS ” AND “AS AVAILABLE” AND RELOVELUXE HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE DUE TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, RELOVELUXE EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT: (I) THE PLATFORM WILL MEET USER’S REQUIREMENTS; (II) ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED THROUGH OR FROM THE PLATFORM WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE PLATFORM OR FROM OTHER USERS WILL MEET ANY EXPECTATIONS; (V) ANY USER-PROVIDED INFORMATION WILL NOT BE DISCLOSED TO THIRD-PARTIES; (VI) ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED; (VII) THE PLATFORM WILL OPERATE IN A PARTICULAR CONFIGURATION WITH PARTICULAR HARDWARE OR SOFTWARE; (III) THE OPERATION OF ANY THIRD-PARTY OR SOFTWARE THEREOF NECESSARY FOR PLATFORM OPERATION WILL BE SUFFICIENT; OR (IX) THE INTERNET GENERALLY. NO DATA, ADVICE, OR INFORMATION OBTAINED FROM RELOVELUXE PARTIES, AS DEFINED BELOW, SHALL CREATE ANY WARRANTY. USER HEREBY WAIVES ANY STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.

4. Platform Uses.

a. Platform Usage Generally. The Platform generally allows a User, pursuant to the terms and conditions herein, to register an account, view articles, listen and watch audiovisual content, and offer and purchase products on the Platform and, in ReloveLuxe’s sole discretion and as available, ReloveLuxe’s associated Facebook ® , Instagram ® , and other social media and commercial accounts. User acknowledges and agrees that ReloveLuxe may, in its sole discretion, list, offer, advertise, display, and sell User’s products submitted to ReloveLuxe hereunder on the Platform, ReloveLuxe’s associated Facebook ® , Instagram ® , and other social media, and other ReloveLuxe sales channels.

b. Limited License. Access and utilization of the Platform is licensed and not sold. Subject to User’s compliance with the terms and conditions herein, ReloveLuxe grants to User, only for User’s benefit and not on behalf of a third-party, a limited, non-exclusive, revocable license to access and use the Platform as set forth in Section 4(a).

c. Platform Updates. User acknowledges that ReloveLuxe may from time-to-time issue upgraded versions of the Platform and may automatically electronically upgrade the version of the Platform or components thereof. User consents to such automatic upgrading. ReloveLuxe may, in its sole discretion, require a minimum version of installed software for User to access and utilize the Platform.

d. Platform Monitoring. ReloveLuxe reserves the right to monitor the Platform and User’s account for any purpose including, without limitation, determining that User is in compliance with this Agreement and applicable laws. In addition, User maintains the absolute and unconditional right to review and remove User Submissions accessible by or transmitted through the Platform that, in ReloveLuxe’s sole discretion, ReloveLuxe believes is in violation of the law or of this Agreement or is otherwise unacceptable to ReloveLuxe in its sole discretion. ReloveLuxe may, without notice to User, disclose information about User’s use of the Platform to satisfy any law, regulation, government agency request, court order, search warrant, subpoena, or other legal process.

e. Registration. To use certain features of the Platform, User may be asked to register with the Platform. User agrees: (i) to provide true, accurate, current and complete information (“User Information”) about itself as prompted by any registration form; and (ii) to maintain and promptly update its User Information to keep it true, accurate, current and complete. If ReloveLuxe has reasonable grounds to suspect that User Information is untrue, inaccurate, not current or incomplete, ReloveLuxe may suspend or terminate User’s access to and use of the Platform (or any portion thereof). User is solely and fully responsible for maintaining the confidentiality of its username and password (“Credentials”) and is solely and fully responsible for all activities that occur under its Credentials. User agrees to: (i) immediately notify ReloveLuxe of any unauthorized use of User’s Credentials or any other breach of security; and (ii) ensure that User logs off from its account at the end of each web applications session. ReloveLuxe cannot and will not be liable for any loss or damage arising from User’s failure to comply with this section.

f. Payments.

i. General. If User purchases any products or services over the Platform for a fee (“Paid Services”), User authorizes ReloveLuxe and/or its designated payment processors to store User’s payment information and other related information. User also agrees to pay the applicable fees for the Paid Services as they become due plus all related taxes (including, without limitation, sales and use taxes, duties, or other governmental taxes or fees), and to reimburse ReloveLuxe for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for Paid Services except: (i) as required by applicable law; and (ii) at ReloveLuxe’s sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage, or as otherwise described when User initially purchases the Paid Service. Except as otherwise described in this Section 4, all prices for Paid Services are subject to change without notice.

ii. Payment Method. ReloveLuxe may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, and by certain mobile payment providers. User authorizes ReloveLuxe to charge User for Paid Services through any payment method(s) User selects when purchasing the Paid Services (the “Payment Method”) and User agrees to make payment using such Payment Method(s) (ReloveLuxe may, from time to time, receive and use updated payment method information provided by User or that financial institutions or payment processors may provide to ReloveLuxe to update information related to User’s Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between User and the financial institution, credit card issuer, or other provider of User’s chosen Payment Methods (the “Payment Method Provider”). If ReloveLuxe does not receive payment from User’s Payment Method Provider, User agrees to directly pay all amounts due upon demand from ReloveLuxe. User’s non-termination or continued use of the Paid Services reaffirms that ReloveLuxe is authorized to charge User’s Payment Method. ReloveLuxe EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE PAYMENT METHOD PROVIDER AND/OR THE SERVICES OFFERED THEREON.

iii. Current Billing Information Required. User agrees to provide current, complete, and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number, or credit card expiration date) as necessary for the processing of all payments that are due to ReloveLuxe. User agrees to promptly notify ReloveLuxe if User’s Payment Method is canceled (for example, due to loss or theft) or if User becomes aware of a potential breach of security related to User’s Payment Method. If User fails to provide any of the foregoing information, User acknowledges that User’s current Payment Method may continue to be charged for Paid Services and that User will remain responsible for all such charges.

iv. Payment Processors. Ordering Third-Party Services through the Platform involves utilizing the secured server of a payment processing service provider (“PSP,” e.g., Stripe). Neither PSP nor any person or company related to PSP holds any ownership interest in the Platform or ReloveLuxe, nor receives any financial benefit from the Platform or ReloveLuxe other than a fee paid by ReloveLuxe to PSP for the services performed by PSP. ReloveLuxe makes absolutely no representations and/or warranties, and provides no assurances, regarding the PSP, the PSP owner, or the quality, availability, legality, or description of the payment processing services offered thereon.

g. Return Policy. All handbags, shoes, jewelry, accessories purchase are FINAL. ReloveLuxe is happy to answer any reasonably-posed questions or concerns User may have regarding items listed for sale on the Platform. ReloveLuxe guarantees all items are 100% authentic. If there are any concerns regarding a purchased item’s authenticity once a purchased item is delivered, User have 48 hours to contact us. To be eligible for a refund, User must provide documentation from a well-recognized product certifying organization or service that the item is inauthentic.

5. Proprietary Rights.

a. Ownership. User acknowledges and agrees that the Platform, media and content thereon, and any patents, copyrights, trade secrets, moral rights, trademarks (e.g., RELOVELUXE), know-how, or any related or other rights or interests or other intangible assets recognized under any laws, regulations, or international conventions, in any country or jurisdiction in the world (“Intellectual Property Rights”) contained therein is the sole property of ReloveLuxe, its wholly-owned subsidiaries, affiliates, licensors, suppliers, or other third parties. All rights and permissions in and to the Platform and ReloveLuxe’s media and content thereon not expressly granted herein are reserved by ReloveLuxe.

b. Licenses.

i. For the term of this Agreement, and unless as otherwise agreed by ReloveLuxe in writing, ReloveLuxe grants User, solely provided that User adheres to all of the terms and conditions of this Agreement, a limited, revocable, non-exclusive, non-transferable, non-assignable, sub licensable license to use the Platform for User’s own purposes. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Platform or any of Intellectual Property Rights of ReloveLuxe or its licensors therein. Any rights not expressly licensed pursuant to this section 5(b)(i) are reserved and upon termination of this Agreement, all rights which are licensed shall terminate.

ii. User grants ReloveLuxe (and its affiliates, distributors, and other agents it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, sub licensable, transferable, right and license to use, distribute, reproduce, create derivative works of, distribute, publicly perform, publicly display, and transmit user submissions and any reviews User leaves for the Platform for any purpose in connection with the provision, operation, promotion, marketing, and improvement of the Platform and development of new ReloveLuxe goods and services. The license granted in this Section 5(b)(ii) shall extend to the commercial utilization of User’s name and/or likeness in any form or in any media. User shall not provide User Submissions to the Platform unless User has the right to grant this license for such User Submissions. If User submits ideas, suggestions, or anything else about the Platform (such as ways to improve the Services) to ReloveLuxe, User agrees that ReloveLuxe can use that feedback for any reason, without payment or other compensation to User, in any fashion, forever and throughout the world. User shall not submit any feedback to ReloveLuxe in which User does not wish to grant such rights.

6. Platform Prohibitions. User agrees that it may NOT:

(a) use the Platform or any content or information available through the Platform for any unauthorized purpose; (b) interfere with or damage the Platform including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Platform; (c) use the Platform to collect, store, or distribute (e.g.,“phish”) any information about any other person in violation of any law, including information related to persons 13 years of age or younger; (d) use to Platform to send or store infringing, sexually explicit, harassing, obscene, threatening, libelous, or otherwise unlawful or tortious communications or material, including material harmful to children or in violation of third-party privacy rights; (e) use the Platform to impersonate any person, company, or entity, or misrepresent User’s identity; (f) modify, sublicense, assign, give, transfer, translate, sell, resell, reverse engineer, decipher, decompile, or otherwise disassemble any code, data, content, services, or information available through the Platform or any software components used on or for the Platform or access thereto; (g) attempt to gain unauthorized access to the Platform or its related systems or networks; (h) use any third-party software or scripts to utilize the Platform or collect information from or through the Platform; (i) distribute, re-distribute, or permit transfer of the Platform or content or information available through the Platform in violation of any export or import law and/or regulation or restriction of the United States of America and its agencies or authorities, or without all required approvals, licenses or exemptions; (j) use thePlatform to disseminate, store, or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail;(k) use the Platform to disseminate, store, or transmit files, graphics, software or other material that actually, impliedly, or potentially infringes the Intellectual Property Rights of any person, entity, partnership, organization, association, or otherwise; (l) adapt, translate, or create any derivative works of the Platform or merge the Platform into any other software; (m) use the Platform to display or promote spyware, adware, spam, or other malicious programs or code, pirated or counterfeit goods, items subject to U.S. embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, the sale of tobacco or alcohol to persons under twenty-one (21) years of age, pornography, prostitution, body parts, any items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, or weapons and accessories; (n) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of ReloveLuxe or its affiliates, partners, suppliers or the licensors of the Platform or materials available thereon or otherwise obscure or modify the any manner in which the Platform is displayed; (n) share access to User’s account or utilize multiple accounts to avoid payment walls; (o) access or utilize the Platform without permission on a stolen or lost device; or (p) assist any third-party in doing any of the foregoing.

7. Security of User’s System. User shall be solely responsible for the security, confidentiality, and integrity of all content that User receives, transmits through or stores via the Platform, or any computer, mobile device, or related equipment that is used to access the Platform, including compliance with any internal IT and security policies and procedures any applicable federal and state requirements. User is solely responsible for any carrier rates for phone, data, and text messaging which may apply to User’s use of the Platform.

8. Term and Termination. This Agreement remains effective from the moment User accesses and/or uses the Platform until terminated. This Agreement will terminate automatically without notice from the ReloveLuxe if User fails to comply with any provision of this Agreement. User may terminate this Agreement for any reason by ceasing all access or use of the Platform. ReloveLuxe reserves the right, in its sole discretion and without prior notice to User, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Platform; (ii) suspend User’s access to or use of all or any portion of the Platform; and (iii) terminate this Agreement.

9. Links. The Platform may contain links to other Internet sites and resources, and User hereby acknowledges and agrees that: (i) ReloveLuxe shall not be responsible for the availability of such external sites or resources; and (ii) ReloveLuxe does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. User agrees that ReloveLuxe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such website or resource.

10. Limited Liability.

a. USER ACCESSES THE PLATFORM AT HIS/HER OWN RISK AND IS SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. RELOVELUXE, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (“RELOVELUXE PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: (I) THE PLATFORM’S AVAILABILITY; (II) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD-PARTY, WHETHER ONLINE OR OFFLINE; (III) ANY PLATFORM CONTENT; (IV) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM; (V) INJURY OR DAMAGE TO USER’S COMPUTER OR EQUIPMENT RESULTING FROM ACCESS TO OR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING OR STREAMING, SERVER USE OR ACCESS, OR FOLLOWING PLATFORM LINKS; (VI) ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR RECEIVED FROM THE PLATFORM, REGARDLESS OF THE CAUSE OF SUCH INACCURACY; (VII) ANY CONDUCT OF ANY USER OR USER OF THE PLATFORM; (VIII) USER’S TERMINATION OF THIS AGREEMENT OR CANCELLATION OF ANY SERVICES; AND (IX) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT, BREACH, DESTRUCTION, OR ALTERATION OF USER’S COMMUNICATIONS.

b. USER’S ACCESS OR USE OF ANY THIRD-PARTY INTERNET RESOURCE LINKED TO OR FROM THE PLATFORM, OR USER’S USE OF GOODS OR SERVICES FROM THIRD-PARTY INTERNET RESOURCES LINKED TO OR FROM THE PLATFORM, IS MADE AT USER’S OWN RISK. USER HEREBY RELEASES THE RELOVELUXE PARTIES FROM ANY DAMAGES USER SUFFERS FROM USER’S ACCESS TO THIRD-PARTY INTERNET RESOURCES, AND USER AGREES NOT TO MAKE ANY CLAIMS AGAINST THE RELOVELUXE PARTIES ARISING FROM ANY PURCHASE OR ACQUISITION OF GOODS AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM OR THROUGH THIRD-PARTY INTERNET RESOURCES.

c. THE RELOVELUXE PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE FAILURE, BY ANY PARTY, TO PROTECT USER PASSWORDS OR ACCOUNT INFORMATION. THE RELOVELUXE PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE OR PERFORMANCE DELAY UNDER THE EULA DUE TO CIRCUMSTANCES BEYOND THE RELOVELUXE PARTIES’ CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL CATASTROPHES, GOVERNMENTAL ACTS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM INTERRUPTIONS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION INTERRUPTIONS, OR ANY INABILITY TO ACQUIRE MATERIALS OR SUPPLIES. THE RELOVELUXE PARTIES SHALL NOT BE LIABLE FOR ANY ILLEGAL, ABUSIVE, OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY USER INCLUDING, WITHOUT LIMITATION, USING THE PLATFORM TO INFRINGE THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT(S) OF ANOTHER. THE RELOVELUXE PARTIES SHALL NOT BE LIABLE FOR COMPLIANCE OR LACK THEREOF BY ANY THIRD-PARTIES WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS.

d. WITHOUT LIMITING THE FOREGOING, THE RELOVELUXE PARTIES’ AGGREGATE LIABILITY TO USER OR ANY THIRD-PARTY, IN ANY MATTER ARISING FROM OR RELATED TO THE PLATFORM OR THE EULA, SHALL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100.00).

e. User agrees that the release set forth in this Agreement may apply to unknown and unanticipated claims, damages, and expenses, and User waives any rights that it might have under Section 1542 of the California Civil Code or any other similar enactment of any jurisdiction. California Civil Code Section 1542 states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

11. Indemnification.

a. Occurrence. User agrees to defend the ReloveLuxe Parties to the fullest extent permitted by law, against any and all claims, demands and/or actions and indemnify and hold the ReloveLuxe Parties harmless from and against any and all losses, damages, costs and expenses, including reasonable attorney’s fees, (each a “Claim), regardless of whether such Claim is due to a ReloveLuxe Party’s active or passive negligence, arising out of or relating to: (i) any User breach of any provision of this Agreement and/or any representation or warranty identified herein; (ii) User’s use of the Platform, including any data or information transmitted or received by User; (iii) any unacceptable use of the Platform by User including, without limitation, any statement, data or content made, transmitted, or republished by User which is infringing or otherwise prohibited as unacceptable in Section 6; or (iv) any expenses ReloveLuxe incurs in enforcing this Section including, without limitation, reasonable attorney’s fees and costs.

b. Procedures. ReloveLuxe will promptly notify User of any claim or action with respect to any claim for indemnification hereunder, and User will undertake the defense or settlement and all related costs and expenses of any claim or action for which it has an indemnification obligation. User will have the right to settle or compromise any action to which its indemnification is applicable, except that User may not agree to any settlement without the prior written consent of ReloveLuxe if such settlement would cause ReloveLuxe to undertake any action, assume any liability, pay any monies, or acknowledge any wrongdoing or have a judgment entered against it. Notwithstanding the foregoing, ReloveLuxe will have the right to undertake the defense of any claim asserted against it at User’s expense in the event that: (i) User fails to assume the defense of such claim; (ii) ReloveLuxe reasonably determines that an adverse outcome could be material to ReloveLuxe’s business; (iii) there are conflicts between User’s and ReloveLuxe’s interests in such litigation; or (iv) ReloveLuxe reasonably believes that User does not have the financial resources needed to satisfy its indemnification obligation in the event of an adverse outcome.

12. Privacy Policy. User agrees to accept ReloveLuxe’s Privacy Policy, available at https://www.reloveluxe.com/privacy.

13. Take-Down Requests, DMCA. ReloveLuxe expressly prohibits users from uploading, posting, or otherwise distributing through the Platform any content which may violate another party’s Intellectual Property Rights, privacy, publicity, or other rights. If any User believes any Platform content violates or otherwise infringes upon any of User’s rights, User is encouraged to contact ReloveLuxe immediately to request that the allegedly offending content (“Offending Content”) to be removed from the Platform. To make such a request (“Take-Down Request”), User should provide ReloveLuxe’s designated agent, listed below, with:

a. the identity of the Offending Content in sufficient detail such that it can be readily located (e.g., “The photograph of available at https://www.ReloveLuxe.com/item123.jpg”);

b. User’s name, mailing address, email address, and telephone number; and

c. the name, user id, email, telephone phone number, and mailing address of the person User believes posted the Offending Content (as available). In accordance with the Digital Millennium Copyright Act (“DMCA”), ReloveLuxe has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations and may accept notification of other offending Platform content. If User believes in good faith that material appearing on this Platform infringes its copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at: AU LLC - Copyright Agent 564 W. Randolph St. 2nd Floor Chicago, IL 60661 dmca@au-llc.com Tel: (312) 715-7312 Fax: (312) 646-2501 Similarly, the DMCA provides that if one, in good faith, believe that a notice of copyright infringement has been wrongfully filed against him, he may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3). Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this Platform constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f). ReloveLuxe will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.

14. Dispute Resolution Protocol.

a. Controlling Law and Jurisdiction. This Agreement will be interpreted in accordance with the laws of the State of Illinois and the United States of America, without regard to its conflict-of-law provisions. User and ReloveLuxe agree to submit to the personal jurisdiction of the state and federal courts located within Cook County, Illinois, for any actions for which the Parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights.

b. Negotiations. In the event any dispute arises except those disputes the involving actual or threatened infringement, misappropriation, or violation of a party’s Intellectual Property Rights, User and ReloveLuxe agree to first attempt to negotiate the resolution any dispute, informally for at least thirty (30) days before initiating any arbitration or court proceeding.

c. Other parties. User accepts that, as a limited liability company, ReloveLuxe has an interest in limiting the personal liability of its officers and employees. User agrees that it will not bring any claim personally against ReloveLuxe’s officers or employees in respect of any losses User suffers in connection with the Platform. Without prejudice to the foregoing, User agree that the limitations of warranties and liability set out in this Agreement will protect ReloveLuxe’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as ReloveLuxe.

d. Binding Arbitration. All claims arising from use of the Platform (except those disputes the involving actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. User understands that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. The arbitration will 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 both of which are available at the AAA website http://www.adr.org. The Parties will submit pre-hearing briefs of no more than 10 pages and the arbitration hearing will be limited to two (2) days maximum. The arbitrator must apply Illinois law and any award may be challenged if the arbitrator fails to do so. Unless otherwise agreed by the Parties, arbitration will be deemed to take place in Chicago, Illinois. User’s arbitration fees and User’s share of arbitrator compensation will be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If User’s claim for damages does not exceed $10,000, ReloveLuxe will pay User’s share of arbitration fees unless the arbitrator finds that either the substance of User’s claim or the relief sought was frivolous or brought for an improper purpose as determined pursuant to Federal Rule of Civil Procedure 11(b). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing. The Parties may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. e. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER. USER AND RELOVELUXE AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN RELOVELUXE AND USER INDIVIDUALLY. USER ACKNOWLEDGES AND AGREES THAT USER AND RELOVELUXE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE USER’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

f. WAIVER OF RIGHT TO JURY TRIAL. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING THERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

g. Limitation of Action. No action or proceeding shall lie or be maintained by User against the ReloveLuxe Parties, upon any claim, counterclaim, or cross-claim arising out of or based upon this Agreement, or by reason of any act or omission or any requirements relating to the giving of notices or information required hereunder, unless such action or proceeding shall be commenced within one (1) year of when the cause of action accrues, and otherwise such cause of action is permanently barred. User agrees to exclude, in its entirety, the application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods.

15. Miscellanea.

a. Waiver; Remedies Cumulative. To the maximum extent permitted by applicable law: (i) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by a Party, in whole or in Part, by a waiver or renunciation of the claim or right unless in writing signed by such Party; (ii) no waiver that may be given by a Party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one Party will be deemed to be a waiver of any obligation of that Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement.

b. Entire Agreement and Modification. This Agreement constitutes the complete and exclusive statement of the agreement between the Parties with respect to the Platform and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the Parties concerning the Platform.

c. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

d. Remedies. The rights granted by ReloveLuxe herein are of a special, unique, and intellectual nature, which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated for in damages in an action at law. In addition, User acknowledges that during the course of accessing or using the Platform, User will or may have access to ReloveLuxe’s proprietary information, including, without limitation, Platform code and related materials. Accordingly, the breach by User of the provisions of this Agreement will cause ReloveLuxe irreparable injury and damage for which ReloveLuxe will be entitled, without posting any bond or security, to seek injunctive or other equitable relief. The granting of equitable relief will not be construed as a waiver of any other rights of ReloveLuxe in law or in equity. User agrees that the rights and remedies of User in the event of a breach of this Agreement by ReloveLuxe shall be limited to the right to recover damages, if any, in an action at law, and in no event shall User be entitled to terminate or rescind this Agreement or enjoin or restrain ReloveLuxe’s use or exploitation of the Submissions.

e. Assignment. ReloveLuxe may assign any of its rights or delegate any of its obligations hereunder to any person or entity at any time without User’s consent. User may not assign any of its rights or delegate any of its obligations hereunder to any person or entity without the prior written consent of ReloveLuxe. Subject to the preceding sentence, this Agreement will apply to, be binding in all respects upon, and inure to the benefit of the successors and permitted assigns of the parties. Nothing expressed or referred to in this Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or with respect to this Agreement or any provision of this Agreement, except such rights as will inure to a successor or permitted assignee pursuant to this Section.

f. California Consumer Complaints. Pursuant to Cal. Civ. Code. § 1789.3, user complaints or requests for further information may be sent to info@reloveluxe.com. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be reached at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834 (800) 952-5210.

g. Survival. Sections 3, 5-6, 10-11, and 14-15 shall survive the termination of this Agreement.