Terms of Use: For this Web Site
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW. THESE TERMS OF USE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.
NOTICE REGARDING DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL AND CLASS ACTIONS: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND LUXURY BRAND HOLDINGS, AS DEFINED BELOW, HAVE AGAINST EACH OTHER ARE RESOLVED AND REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST LUXURY BRAND HOLDINGS TO BINDING ARBITRATION. THESE PROVISIONS INCLUDE EACH PARTY'S WAIVER OF THE RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
These Terms of Use of this Website ("Terms of Use", "Terms") explain an agreement between you ("you", "your"), on one hand, and Luxury Brand Holdings, Inc ("LBH”, "we", "us", "our"; including its affiliates) on the other hand, regarding your use of this website ("Web site", "Site") which is available to you free of charge. You should print a copy of these terms for your records.
Copyright Notices
The works of authorship contained in the LBH Websites, including but not limited to all design, text, sound recordings, videos, icons, logos and images, are owned, except as otherwise expressly stated, by LBH. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Luxury Brand Holdings’ prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. #194;§ 107), as amended, and then, only with notices of LBH proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded. Any unauthorized use of the materials appearing on this site could result in criminal or civil penalties.
Trademarks
The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered trademarks of LBH, including its affiliates. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of LBH or its affiliates, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LBH or the Trademark owner. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of LBH or the Trademark owner. Misuse of the Trademarks displayed on this Site is strictly prohibited.
Site Use
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of LBH, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
External Links
This website may contain links to other sites not controlled by LBH. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website. Linking to any web page on this Web site is prohibited absent our express written permission. Associating or juxtaposing our Web site or its Materials (e.g., through framing or inline linking) with advertisements and/or other information not originating from our Web site is expressly prohibited.
User Submissions
You may submit survey responses, product reviews, suggestions, ideas, and other content to us on or through this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments"). By making such disclosure, submission or offer of any Comments, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Comments throughout the world in any media. You grant us the right to use the name and state of residence that you submit in connection with such Comments, if we choose to do so. LBH shall not be limited in any way in its use, commercial or otherwise, of any Comments. LBH is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that you will not submit Comments to the Site that (a) will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) or (b) contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
By providing Comments to us on or through the Site, you represent and warrant that you own or otherwise control all of the rights to the Comments that you post; that the content is accurate; and that use of the Comments you supply will not violate these Terms and will not cause injury to any person or entity. We reserve the right, but shall not be obligated, to monitor and edit or remove any visitor activities or Comments. LBH takes no responsibility and assumes no liability for any Comments posted by you or any third party.
User Content
We welcome user comments, information and submissions. In addition, you and other users of the Site from time to time may have an opportunity to post on the Site certain ideas, photographs, video, messages, comments on our products and other material (collectively, "User Content"). All User Content that you post on this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and others.
We cannot guarantee that others will not copy, modify, or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user's misuse or misappropriation of any User Content you post on the Site.
We assume no responsibility for the deletion or failure to store postings or other information submitted by you.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site (as determined by Us in our sole discretion).
You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. We and our designees also have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content. We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.
Review of Submissions
We have no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary for any reason or no reason, with or without notice. We are not responsible or liable for damages of any kind arising from any failure, non-failure, or delay in removing such User Content even when we are advised of the possibility of such damages.
User Conduct
By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Site for any purpose that will harm any person in any way, that is prohibited by these Terms and Conditions, or prohibited by contract or law. You are responsible for all of your activity in connection with the Site.
Violation of our Terms and Conditions may result in immediate termination of your license to access or use the Site, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site in order to (1) determine whether a violation of the Terms and Conditions has occurred or (2) comply with any applicable law, regulation, legal process or governmental request.
No Endorsement
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.
Transactional Email Communications
It is our policy not to accept an order online unless you provide us an email address. By making an online purchase, you give us explicit permission to send you emails regarding the status of your order.
Telephone Communications
You acknowledge that all communications, including but not limited to telephone calls, with LBH may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to LBH and/or our respective agents, independent contractors, and affiliates, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information you provide to us is false or inaccurate, we may suspend or terminate our relationship at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message you receive from us or contacting Customer Care at 1-800-835-0919 or by email at customerservice@ross-simons.com to notify us of your change in phone number
You acknowledge that by providing your phone number(s) to LBH, you expressly agree to receive ongoing and recurring informational and/or marketing calls and text messages (such as SMS, MMS, or successor protocols or technologies), including but not limited to those made or sent using an autodialer and/or any other automated system or method, and those made or sent outside of regular business hours, from or on behalf of LBH related to your account(s) and/or our relationship, our products and/or services, and promotions, specials, discounts or offers. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive automated calls and text messages from LBH, even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time.
To opt-out of text messages, text STOP to any text message you receive, or contact Customer Service at 1-800-835-0919 or by email at customerservice@ross-simons.com and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out; this message may also seek to clarify the scope of your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to ten (10) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls or text messages to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets.
There is no fee to receive automated telephone calls or text messages from LBH. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that LBH is not responsible for such charges.
You must notify LBH immediately of any breach of security or unauthorized use of your telephone device. Although LBH will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
You agree to indemnify LBH for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). LBH shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
In consideration of the services provided by LBH, you hereby release LBH from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
Your obligations under this Section will survive termination of these Terms.
Tracking Technologies and Other Interactive Services
LBH works with third parties to help manage and optimize our Internet business and communications, including to help us measure the effectiveness of our advertising and how visitors use the Site. To do this, we may use cookies, pixels, beacons, tags, and scripts - including such technologies as offered by third parties acting on our behalf – to collect and track information; improve and analyze the Site; and deliver content, including ads, relevant to your interests on our Site and third party sites based on how you interact with advertisements or content. By accessing or using the Site, you agree to our use of these cookies, pixels, or similar technologies, and that such use may require third parties to collect certain information about you through such technologies in order to render services to us.
LBH may provide interactive services, such as live chats, when you use the Site. By accessing or using any of those services features, you agree that any third parties assisting our delivery of these interactive services may record and retain a transcript of all communications with you via these interactive tools, and may record or recreate your activity while using this Site. For example, when you use the Site’s live chat, the information you provide may be recorded and stored by our third party provider RingCentral (or a similar third party provider that we may choose as a future replacement), in order for us to provide customer and technical support. We may work with third party providers to analyze, store, and/or use this data on our behalf.
Your use or access of any of these third party tools or the Site is governed by these Terms and our Privacy Policy
Merchandise Depictions
While we make every attempt to provide accurate information on this Site, we do not warrant that merchandise descriptions, images, or other content on this Site is accurate, complete, reliable, current, or error-free.
Limitation of Liability
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE". LBH AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. LBH AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, LBH WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL LBH BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND LBH’s CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. LBH AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, LBH AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND LBH AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING LBH’s RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL LBH BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER LBH HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Dispute Resolution Process
This Dispute Resolution Process, including the obligation to arbitrate any claims against LBH, shall apply to your use of the Site, your purchase of any product from LBH, the Ross-Simon’s SMS Program (“SMS Program”) or any other dispute you may have with LBH, including claims that arose before the existence of this or any prior agreement between the parties (collectively, “Dispute”). For U.S. residents, the Federal Arbitration Act (“FAA”), not state law, shall govern this Dispute Resolution Process and the arbitrability of all Disputes between LBH and you. The law of the State of Rhode Island or federal law, where applicable, shall govern the substance of any Dispute.
Informal Dispute Resolution
If you believe you have a Dispute with LBH, please contact LBH by email at customerservice@ross-simons.com so LBH can try to resolve your concerns. LBH will likewise contact you by email or other available contact information if it believes it has a Dispute with you. For a period of sixty (60) days from the date of receipt of notice from the other party, LBH and you will engage in a dialogue directly through consultation and good faith negotiations in order to attempt to resolve the Dispute, though nothing will require either you or LBH to resolve the Dispute on terms with respect to which you and LBH are not comfortable. Most concerns may be quickly resolved in this manner. Participation in this informal dispute resolution process—during which any applicable statute of limitations or filing fee deadline will be tolled—shall be a precondition to either party initiating a lawsuit or arbitration. Any Dispute that is not resolved through informal resolution shall be submitted to binding arbitration or small claims court as provided below.
Binding Arbitration
If we cannot resolve a Dispute as set forth in the manner described in the preceding paragraph within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES BETWEEN YOU AND LBH (BASED IN CONTRACT, TORT, STATUTE, REGULATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT.
BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT (OTHER THAN SMALL CLAIMS COURT) AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
Any Dispute will be resolved solely by binding individual arbitration before the American Arbitration Association (“AAA”) using AAA’s then-current Consumer Arbitration Rules, including, when applicable, AAA’s Mass Arbitration Supplementary Rules. You can obtain AAA procedures, rules, and fee information at http://www.adr.org. The arbitration will be conducted by a single arbitrator who shall be a retired state or federal court judge and who shall apply and be bound by these Terms. The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator. Remedies that would otherwise be available to the parties under applicable federal, state or local laws remain available under this arbitration clause. The arbitrator will determine any Dispute according to applicable law and facts based upon the record and no other basis and will issue a written statement of the essential findings and conclusions on which the award is based for each claim asserted. All issues are for the arbitrator to decide, including issues of arbitrability of any Dispute, except that issues relating to whether the parties have entered a valid agreement to arbitrate are for the court to decide. To provide the most efficient resolution process, arbitration hearings may be conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However the arbitrator shall have discretionary authority to require a face-to-face meeting if the arbitrator determines that such a meeting is necessary for a fundamentally fair hearing. The in-person hearing shall take place in your county of residence or some other location that is convenient for you..
No Class Action Matters
THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION, PARTICIPATE IN A CLASS ACTION, OR SEEK RELIEF ON A CLASS BASIS. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to the provisions of the Section titled “Jurisdictional Issues” below. The arbitrator does not have the power to vary these class action waiver provisions.
Arbitration Fees
If you initiate the arbitration, you will be responsible for paying the initial arbitration fee. All other costs of the arbitration will be borne by LBH. You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorneys’ fees. You will not be required to pay any fees or costs incurred by LBH if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award LBH attorney’s fees, expert witness fees, arbitration-related fees and/or costs. If LBH initiates an arbitration against you, LBH will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).
Injunctive Relief
The foregoing provisions of this Dispute Resolution Process will not apply to any legal action taken by LBH to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to or arising out of the SMS Program, LBH’s intellectual property rights, LBH’s operations, or LBH’s products or services.
Small Claims Matters are Excluded from Arbitration Requirement
Notwithstanding the foregoing, either of us may bring a qualifying Dispute in a small claims court of competent jurisdiction.
30-Day Right to Opt Out
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address via certified mail: Luxury Brand Holdings, 9 Ross-Simons Drive, Cranston, RI 02920, Attention: Chief Financial Officer. The notice must be sent within thirty (30) days after the date you first agreed to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt out of these arbitration provisions, LBH also will not be bound by them.
Jurisdictional Issues
Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute arising hereunder may only be instituted in state or Federal court in Rhode Island. You and LBH consent to the exclusive personal jurisdiction and venue of such courts for such matters. The law of the State of Rhode Island or federal law, where applicable, shall govern the substance of any Dispute (nonetheless, the FAA governs this Dispute Resolution Process).
Indemnification
You agree to defend, indemnify and hold harmless LBH, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against LBH and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer at our sole discretion.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Contact
If you have a question, contact us by using this form or call us at 800-835-0919.
Terms and Conditions updated March 30, 2026