New Terms of Use

Terms of Use

Last updated September 16, 2026

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 OF USE REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).

These Terms of Use of this Website ("Terms of Use" or "Terms") explain an agreement between you ("you" or "your"), on one hand, and Luxury Brand Holdings, Inc. and/or its affiliates (collectively, ""LBH", "we", "us", or "our") on the other hand, regarding your use of this website (including both mobile and online versions) ("Web site", "Site") which is available to you free of charge. You should print a copy of these terms for your records. By using the Site, you acknowledge and accept the Site’s Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy. 

By accessing and/or using the Site, you agree to be bound by these Terms. These Terms incorporate by reference the Privacy Policy,  Terms and Conditions of Sale, Return Policies, Shipping & Delivery Policy, Pricing & Promotions Policy, and any additional terms, policies, disclosures, or conditions presented or made available in connection with a particular product, offer, promotion, order, or transaction. To the extent there is a conflict between these Terms and any other Ross-Simons terms, these Terms will control with respect to the conflict, unless the applicable additional terms expressly state otherwise. Additionally, certain features and services made available through the Site from time to time may be governed by different terms of use. 

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. §§ 101 et seq.), 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

The Site contains a variety of: (i) materials and other items relating to LBH, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site and the compilation, assembly and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) Trademarks; and (iii) other forms of intellectual property (all of the foregoing collectively, "Site Materials"). 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 hard copies of portions of the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of our Site or the Site Materials; (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 page caching) of any portion of our Site, the Site Materials, or any information contained therein, except as expressly permitted on our Site; (g) causing to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimizes, covers, frames, or inhibits the full display of our Site; (h) using our websites in any way that 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 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 the Site 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: (i) to maintain any Comments in confidence; (ii) to pay to user any compensation for any Comments; or (iii) 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 CONTENT

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, or prohibited by contract or law. You are responsible for all of your activity in connection with the Site.

Violation of our Terms 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: (i) determine whether a violation of the Terms has occurred; or (ii) 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 customerservice@ross-simons.com, or through the "Contact Us" page on the site 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 DESCRIPTIONS

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.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, AND YOUR PURCHASE AND USE OF ANY PRODUCTS MADE AVAILABLE THROUGH THE SITE, ARE AT YOUR SOLE RISK. THE SITE, INCLUDING ALL INFORMATION, MATERIALS, CONTENT, FEATURES, FUNCTIONS, PRODUCT DESCRIPTIONS, PRODUCT IMAGES, PRICING, AVAILABILITY INFORMATION, USER CONTENT, AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE, IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LBH, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, VENDORS, LICENSORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "LBH PARTIES") DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, AS TO: (I) THE SITE, INCLUDING ANY SITE MATERIALS, USER CONTENT, COMMENTS, OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE SITE; (II) THE FUNCTIONS, FEATURES, OR ANY OTHER ELEMENTS ON, OR MADE ACCESSIBLE THROUGH, THE SITE; (III) ANY PRODUCTS, SERVICES, INSTRUCTIONS, RECOMMENDATIONS, OR ADVICE OFFERED, REFERENCED, DESCRIBED, DISPLAYED, OR LINKED THROUGH THE SITE; (IV) WHETHER PRODUCT DESCRIPTIONS, IMAGES, COLORS, GEMSTONE OR METAL INFORMATION, CARAT WEIGHTS, MEASUREMENTS, PRICING, PROMOTIONS, AVAILABILITY, OR OTHER PRODUCT-RELATED INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (V) WHETHER THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE FROM VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS; (F) WHETHER ANY ERRORS OR DEFECTS ON THE SITE WILL BE CORRECTED; (VI) WHETHER YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (VII) WHETHER YOUR ACCESS TO OR USE OF THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE IS LAWFUL, APPROPRIATE, OR AVAILABLE IN ANY PARTICULAR JURISDICTION. WITHOUT LIMITING THE FOREGOING, LBH DOES NOT WARRANT THAT THE SITE, SITE MATERIALS, USER CONTENT, COMMENTS, PRODUCT DESCRIPTIONS, PRODUCT IMAGES, PRICING, AVAILABILITY INFORMATION, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ANY VISUAL DISPLAY OF JEWELRY, GEMSTONES, METALS, COLORS, SIZES, OR OTHER PRODUCT DETAILS WILL BE ACCURATE ON YOUR DEVICE OR DISPLAY. LBH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS' LAWS ARE APPLICABLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE LBH PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT DIRECTLY OR INDIRECTLY ARISE OUT OF OR RELATE TO: (A) THE SITE, INCLUDING ANY SITE MATERIALS, USER CONTENT, COMMENTS, OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE SITE; (B) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; (C) YOUR PURCHASE, USE, MISUSE, WEAR, CARE, REPAIR, RESIZING, CLEANING, STORAGE, LOSS, OR DAMAGE OF OR TO ANY PRODUCT PURCHASED THROUGH THE SITE; (D) ANY PRODUCT DESCRIPTION, IMAGE, COLOR, GEMSTONE OR METAL INFORMATION, CARAT WEIGHT, MEASUREMENT, PRICING, PROMOTION, AVAILABILITY, OR OTHER PRODUCT-RELATED INFORMATION; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE LBH PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, DEVICE, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE, NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF THE LBH PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS' LAWS ARE APPLICABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LBH PARTIES' TOTAL LIABILITY TO YOU FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE, YOUR PURCHASE OR USE OF ANY PRODUCT THROUGH THE SITE, OR YOUR RIGHTS UNDER THESE TERMS, EXCEED THE AMOUNT YOU PAID TO LBH FOR THE PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS IS INTENDED TO LIMIT ANY RIGHTS OR REMEDIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW OR ANY EXPRESS WRITTEN PRODUCT WARRANTY PROVIDED BY LBH THAT APPLIES TO A PRODUCT YOU PURCHASED.

DISPUTE RESOLUTION PROCESS

This Dispute Resolution Process, including the obligation to arbitrate any claims against LBH, applies to any controversy, allegation, or claim that arises out of or relates to the Site, your purchase of any product from LBH, the Ross-Simons SMS Program ("SMS Program"), these Terms, or any other dispute you may have with LBH, whether arising before or after the effective date of these Terms (collectively, "Dispute"). For U.S. residents, the Federal Arbitration Act ("FAA"), and not state law, governs the arbitrability of all Disputes between you and LBH, including the class action waiver below. The law of the State of Rhode Island or federal law, where applicable, shall govern the substance of any Dispute, without regard to conflict of law principles.

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. The notice must be provided on an individual basis and include a reasonable description of the Dispute, the relief sought, and, if applicable and available, the date of any purchase or transaction at issue. For a period of sixty (60) days from the date of receipt of the notice, LBH and you will engage in a dialogue directly through consultation and good faith negotiations in order to attempt to resolve the Dispute, including, if requested by either party, through an informal telephonic dispute resolution conference. Nothing will require either you or LBH to resolve the Dispute on terms with respect to which you or LBH are not comfortable. Participation in this informal dispute resolution process—during which any applicable statute of limitations, arbitration filing fee deadline, or other 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, except as modified by these Terms. If the AAA is unavailable or unwilling to administer the arbitration, the parties will mutually agree on another arbitration provider, which may include Judicial Arbitration and Mediation Services Inc. ("JAMS"). You can obtain AAA procedures, rules, and fee information at http://www.adr.org. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the applicable rules. The arbitration will be conducted by a single arbitrator who shall be a retired state or federal court judge or an attorney licensed to practice law in the state or county in which you reside, and who shall apply and be bound by these Terms. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree, the arbitration provider will appoint the arbitrator in accordance with its rules. Remedies that would otherwise be available to the parties under applicable federal, state, or local laws remain available under this arbitration clause on an individual basis. 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. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. All issues are for the arbitrator to decide, except that issues relating to the scope, interpretation, and enforceability of the class action waiver provisions below are for a court of competent jurisdiction 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. This arbitration provision shall survive termination of these Terms or the Site.

SPECIAL ADDITIONAL PROCEDURES FOR MASS ARBITRATION

If twenty-five (25) or more similar claims are asserted against LBH by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. Counsel for the claimants and counsel for LBH shall each select five (5) cases per side to proceed first in individual arbitration proceedings as part of a bellwether process, unless the parties agree in writing to modify the number of cases to be included in the bellwether process. The remaining cases shall not be filed or deemed filed in arbitration, and no arbitration fees shall be assessed in connection with those cases, until they are selected to proceed to individual arbitration proceedings pursuant to this provision. After decisions have been rendered in the first ten (10) cases, LBH and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the bellwether cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases per side to proceed to individual arbitration proceedings as part of a second bellwether process. After decisions have been rendered in the second group of twenty (20) cases, LBH and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases. Absent a settlement or agreement to modify the procedure for arbitrating the remaining cases, the arbitration provider shall administer the remaining arbitration demands in batches of fifty (50) demands per batch, designate one (1) arbitrator for each batch, and provide for a single filing fee due per side per batch. This batch arbitration provision shall in no way be interpreted as authorizing class arbitration of any kind. LBH does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this paragraph. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this paragraph from the time the first cases are selected for a bellwether process until the time your case is selected to proceed, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against LBH.

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. Except as expressly contemplated for mass arbitrations above, 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. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. 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. Notwithstanding any other provision of this Dispute Resolution Process, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained herein are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions. If the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire arbitration agreement shall be void. If any portion of this arbitration agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this arbitration agreement.

ARBITRATION FEES

You and LBH will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules. If the applicable arbitration rules or laws require LBH to pay a greater portion or all such fees and costs in order for this Dispute Resolution Process to be enforceable, then LBH will have the right to elect to pay the fees and costs and proceed to arbitration. 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 substance of your claim or the relief sought was frivolous or brought for an improper purpose, in which case the arbitrator may award LBH its attorneys' fees, expert witness fees, arbitration-related fees, and/or costs to the extent permitted by applicable law.

LIMITED TIME TO FILE CLAIMS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR LBH WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR LBH MUST COMMENCE IT BY DELIVERY OF WRITTEN NOTICE AS SET FORTH ABOVE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, OR IT WILL BE FOREVER BARRED. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.

INJUNCTIVE RELIEF

The foregoing provisions of this Dispute Resolution Process will not apply to any legal action taken by either party 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.

THIRTY (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, with respect to the enforcement of any arbitration decision or award, or for qualifying Disputes filed in small claims court, 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, without regard to conflict of law principles; provided, however, that the FAA governs this Dispute Resolution Process and the arbitrability of all Disputes.

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 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 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 shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms 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.