Terms of Service

LAUXES GRATES TERMS OF SERVICE

 

1. BINDING EFFECT. By using the Internet website located at www.lauxes.com (the “Site”) or using any services provided in connection with the Site or purchasing any of our products through the Site, by phone, or otherwise (collectively, the “Services”), you agree to abide by these Lauxes Grates Terms of Service (“Terms”) as they may be amended by Lauxes Grates Corp. (“Lauxes Grates”, “us”, “we”) from time to time in its sole discretion. Lauxes Grates will post a notice on the Site any time these Terms have been changed or otherwise updated. It is your responsibility to review these Terms periodically and prior to any purchase, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site and Services. THIS IS A BINDING AGREEMENT. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF USING THE SITE OR SERVICES ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU FURTHER REPRESENT AND WARRANT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH THIRD PARTY WITH THE RIGHT TO BIND THE PARTY YOU REPRESENT TO THIS AGREEMENT.

 

2. PRIVACY POLICY. Lauxes Grates respects your privacy and permits you to control the treatment of your personal information. A complete statement of Lauxes Grates’s current privacy policy can be found by clicking here: www.lauxesgrates.com/privacypolicy. Lauxes Grates’ Privacy Policy is expressly incorporated into this Agreement by this reference as though set forth in full in this space. When you are required to open an account to use or access the Site or Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use someone else’s account, username, or password at any time. You agree to notify us immediately on your discovery of any unauthorized use of your account, user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Lauxes Grates, its affiliates, successors in interest, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

 

3. TERMS OF SALE. For any purchase of Lauxes grates and other products in the United States, whether made through the Site or otherwise, the following terms of sale apply and are incorporated herein as though set forth in full in this space:
• Return Policy: www.lauxesgrates.com/wp-content/uploads/2023/08/USAReturns-Policy_UPDATED.pdf
• Limited Warranty: www.lauxesgrates.com/wp-content/uploads/2023/08/USAWarranty.pdf These terms of sale are in addition to any terms of sale listed on any Lauxes Grates purchase order or similar document and, for distributors, the Distributor Terms and Conditions of Sale. Except as expressly modified therein and in the policies above, all sales shall be subject to
the terms of Division 2 of the California Uniform Commercial Code.

 

3. USE OF SOFTWARE. Lauxes Grates may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Lauxes Grates, for your personal, noncommercial use only. Lauxes Grates does not transfer either the title or the intellectual property rights to the Software, and Lauxes Grates retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Lauxes Grates or its licensors and you may not copy or use them in any manner.

 

4. USER CONTENT. You grant Lauxes Grates a license to use any materials you post to the Site or Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Services, you are granting Lauxes Grates, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Lauxes Grates, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Lauxes Grates may publish or otherwise disclose your name or other identifiable information in connection with your User Content. By posting User Content on the Site or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

 

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account or user name. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

 

6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that

(a) is libelous, defamatory, obscene, pornographic, abusive, or threatening;

(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or

(c) advertises or otherwise solicits funds or is a solicitation for goods or services. Lauxes Grates reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Lauxes Grates intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

 

7. COPYRIGHT INFRINGEMENT. Lauxes Grates has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. Lauxes Grates has adopted a policy that provides for the immediate suspension and/or termination of any Site or Services user who is found to have infringed on the rights of Lauxes Grates or of a third party, or otherwise violated any intellectual property laws or regulations. Lauxes Grates’ policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Lauxes Grates to delete, edit, or disable the material in question, you must provide Lauxes Grates with all of the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lauxes Grates to locate the material;

(d) information reasonably sufficient to permit Lauxes Grates to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Lauxes Grates’ designated agent at:

Copyright Agent
Lauxes Grates Corp.
P.O. Box 1868
Chino Hills, CA 91709
hello@lauxesproducts.com

 

8. ALLEGED VIOLATIONS. Lauxes Grates reserves the right to terminate your use of the Site and/or the Services. To ensure that Lauxes Grates provides a high quality experience for you and for other users of the Site and the Services, you agree that Lauxes Grates or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Services. Lauxes Grates does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Lauxes Grates reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Lauxes Grates believes that you have violated any of the Terms, furnished Lauxes Grates with false or misleading information, or interfered with use of the Site or the Services by others.

 

9. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Lauxes Grates or by any third party.

 

10. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAUXES GRATES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LAUXES GRATES DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

 

11. LIMITED LIABILITY. LAUXES GRATES’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LAUXES GRATES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER SERVICES OR PRODUCTS PROVIDED TO YOU BY LAUXES GRATES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

 

12. AFFILIATED SITES. Lauxes Grates has no control over, and no liability for any third party websites or materials. Lauxes Grates works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Lauxes Grates nor the Site has control over the content and performance of these partner and affiliate sites, Lauxes Grates makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Lauxes Grates assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Lauxes Grates makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third-party content.

 

13. PROHIBITED USES. Lauxes Grates imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation:

(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

(b) attempting to probe, scan, or test the vulnerability of the Site, the Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;

(d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

(e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or

(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Lauxes Grates in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

 

14. INDEMNITY. You agree to indemnify Lauxes Grates for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Lauxes Grates, its affiliates, successors in interest, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Site, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Lauxes Grates will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

15. COPYRIGHT. All contents of Site and Services are Copyright © 2023 Lauxes Grates Corp., all rights reserved.

 

16. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Bernardino County, California in all disputes arising out of or related to the use of the Site or Services, and for any claim or controversy regarding the Lauxes Grates products and warranties, or the interpretation of these Terms.

 

17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

18. CALIFORNIA USE ONLY. The Site is controlled and operated by Lauxes Grates from its offices in the State of California. Lauxes Grates makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Lauxes Grates’ purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

 

19. MODIFICATIONS. Lauxes Grates may, in its sole discretion and without prior notice:

(a) revise these Terms and/or

(b) modify the Site and/or the Services; and

(c) discontinue the Site and/or Services at any time. Lauxes Grates shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

 

20. ACKNOWLEDGEMENT. BY ACCESSING THE SITE, USING THE SERVICES, OR PURCHASING PRODUCT FROM LAUXES GRATES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

 

Last updated: September 24, 2023