TERMS OF SERVICE

 

Welcome to the website (the "Site") of Newfound Luxury, LLC ("Newfound Luxury").

These Terms of Service ("TOS") govern your use of the Service (defined below) and the Site. By using the Site or Service, you are stating that you have read, understand and agree to be bound by these TOS. You agree that these TOS incorporate and include Newfound Luxury’s Privacy policy available at www.NewfoundLuxury.com/privacy. The Site offers a wide range of services and sometimes additional terms (“Additional Terms”) may apply to your use thereof. For example, buyers are subject to the Conditions of Sale. Certain portions of the Site may not be available to you unless you have registered. If you do not agree to be bound by these TOS and the Privacy Policy, you may not use the Service or Site in any way.

DESCRIPTION OF SERVICES

In the Site, Newfound Luxury provides users with access to sales of luxury resale items and related services ("the Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

LICENSE AND SITE ACCESS

Newfound Luxury grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Newfound Luxury’s sole discretion) an unreasonable or disproportionately large load on Newfound Luxury’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Newfound Luxury to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by Newfound Luxury.

YOUR ACCOUNT

You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Newfound Luxury has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Newfound Luxury has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof).

DISCLAIMER OF WARRANTY

All content, products, and services on the site, or available through the service, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Newfound Luxury does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site or service by any party, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will Newfound Luxury be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

LIMITATION OF LIABILITY

You expressly understand and agree that Newfound Luxury and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Newfound Luxury has been advised of the possibility of such damages), resulting from use of the site, content or any related services.

INDEMNITY

You will indemnify and hold harmless Newfound Luxury from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Newfound Luxury and such parties, and shall defend Newfound Luxury and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Newfound Luxury will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Newfound Luxury.

FORCE MAJEURE

Newfound Luxury shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Newfound Luxury. In the event that Newfound Luxury is temporarily unable to ship to you a purchased item because of such an event, Newfound Luxury will give you the option of deferring shipment or receiving a refund of your charges.

ELECTRONIC COMMUNICATION

When you use the Site, Service or send emails to Newfound Luxury, you are communicating with Newfound Luxury electronically. You consent to receive communications electronically from Newfound Luxury and its Site Affiliates (as defined in the Privacy policy). Newfound Luxury will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

LINKS

The Site, Service or third parties may provide links to other websites or resources. Because Newfound Luxury has no control over such sites and resources, you acknowledge and agree that Newfound Luxury is not responsible for the availability of such external sites or resources, and 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. You further acknowledge and agree that Newfound Luxury 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 use of or reliance on any such content, goods or services available on or through any such website or resource.

MODIFICATION AND NOTIFICATION OF CHANGES

Newfound Luxury reserves the right to make changes to the Service, Site, related policies and agreements, these TOS and the Privacy policy at any time. If we change or update this Privacy policy, we will post changes and updates on this Site so that you will always be aware. We encourage you to review these TOS from time to time so you will know if the TOS have been changed or updated.