Terms of Service
Last Modified: January 6, 2020
These Terms of Service (these “Terms”) constitute an agreement between you, the user, and LUKH Inc., and its subsidiaries and affiliates (“LUKH”, “we” or “us”). These Terms govern your access to and use of the website located at https://www.lukhstudio.com and related websites (the “Website”), including any content, functionality and services offered on or through the Website, and any of our other products or services (collectively, the “Services”), whether or not you register as a user.
Overview of the Services
LUKH rents or sells clothes and other related products. The Services include, but are not limited to, the ability to create an account and purchase products.
Changes to these Terms
We may modify these Terms at any time in our sole discretion. We will post notice of changes to these Terms on this page. Changes will not apply retroactively and will only become effective when (i) you use the Services after you know about the change, or (ii) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. We will also update the Last Modified Date at the top of these Terms accordingly. Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, you should not access or use the Services after the Last Modified Date. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according with the policies outlined herein.
We have made every effort to display as accurately as possible the colors and images of our products, including those that appear at physical retail stores. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the rent or sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
Cost of Services
We reserve the right to modify or waive fees required to use certain parts of the Service. You are solely responsible for: (i) the fee for any Service that you order and that are not cancelled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items.
For more information about our Services, including pricing and fees and cancellation policies, please see our FAQ Section. Please note that any payment terms presented to you in the process of using or signing up for Service are deemed part of these Terms.
All deliveries will be through LUKH’s shipping partners, which may change from time to time at LUKH’s discretion. The shipping method used will be at the discretion of LUKH.
The following additional conditions apply to the rental of any clothing or accessories (each a “Product”).
RENTAL FEE. The rental fee (“Rental Fee”) for a Product will be the total of the posted rental fee, optional insurance charges (additional $10) and delivery charges listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize LUKH to charge your payment card for the Rental Fee, including insurance and delivery charges. LUKH will charge your payment card the amount of such fees and costs immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize LUKH to charge your payment card for an amount equal to 100% of the original retail value of the Product (when new) set forth on the Site plus applicable sales taxes (“Retail Value”); provided that LUKH will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by LUKH, shall be paid by you to LUKH in connection with your rental order.
CANCELLATION POLICY. You may cancel your rental order subject to the following cancellation fees and policies:
If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
If you cancel less than thirty (30) days but more than eight (8) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit for the rental fee associated with the cancelled order that can be redeemed with a unique code. This credit can be applied to a future LUKH rental for one year from the date of cancellation.
If you cancel within seven (7) days of the delivery date, the order will not be refunded. This is due to the shipping and logistics required for an order.
RETURN PACKAGING. With delivery of the Product, LUKH will provide you with a pre-paid, pre-addressed LUKH carrying case or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to LUKH (“Return Packaging”).
RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a secure shipping address is highly recommended. In the event that an un- secure shipping address is provided, LUKH does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which LUKH will not be liable. You will be liable for all such delays and additional delivery fees.
USE OF THE PRODUCTS. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear includes minor stains, rips, missing beads, stuck zippers or other minor damage covered by the dress insurance you choose to opt-into at purchasing (additional $10) with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear (including but it not limited to: red wine stains, irremovable food stains, etc.), then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the full Retail Value.
RETURN OF THE PRODUCTS. You agree to return all pieces of the rented outfit (including but not limited to skirt, pants, blouse linings, dupattas (scarves), belts, etc.) to LUKH in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You must return the Product by delivering the Product in the Return Packaging to the requested courier located in the United States by 12 p.m. on or before the date that the Product is due. We are not responsible for any personal or other items left in the Products or which are returned to LUKH in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at firstname.lastname@example.org. We will assist in attempting to locate such items upon request, but are not obligated to and assume no liability for doing so.
LATE FEES. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to LUKH for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within fourteen (14) days after the return date for the Product, your late return will be considered a non-return and LUKH will charge your payment card the full Retail Value of the item(s), less any late fees that you have already paid, plus applicable sales tax.
PAYMENT OF 100% RENTAL VALUE. LUKH will not charge you for more than an amount equal to 100% of the Retail Value plus the Rental Fee, in the aggregate, other than for collection costs. If you pay LUKH an amount equal to 100% of the Retail Value plus the Rental Fee and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you by way of late fees or penalties.
LOST RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing LUKH with a tracking number. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you.
LIMITED WARRANTIES. The following are the limited warranties LUKH provides in connection with Product rentals. LUKH’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by LUKH:
CORRECT PRODUCTS. Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site.
CLEAN AND READY TO WEAR. The Products will be professionally cleaned and delivered ready to wear. LUKH dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and LUKH shall not be held liable for any health- related complaints associated with any Product.
SIZING RETURNS. If your Product does not fit you, then you may return the Product to LUKH within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting LUKH at email@example.com and returning the Product in conformance with the section above titled - RETURN OF THE PRODUCTS. LUKH will then issue you a refund for the Rental Fee (excluding shipping and handling up to $35.00), so long as the Product, in our sole discretion, has not been worn.
The following additional conditions apply to the sale of any Product.
PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. LUKH will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
PURCHASE PRICE. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products. Purchase Price is as listed on the LUKH website at the time of purchase, and is subject to change. LUKH reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize LUKH to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by LUKH, shall be paid by you to LUKH in connection with your purchase order. Purchase orders are final and cannot be cancelled.
Data Privacy and Personal Information
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You must be at least 18 years old to use the Services. The Services are intended for adults and LUKH does not knowingly collect personal information from children under age 13. If you submit content related to your child younger than 13, do not include personally identifying information about that child, including but not limited to name, address, email address and phone number.
LUKH and the Services are operated from within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with the laws of that jurisdiction regarding online conduct and acceptable content. LUKH makes no claim that the content of the Services may be utilized, accessed or appropriate outside the United States. You must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.
Third Party Materials
The Services may link to independent third party websites or social media widgets. Such hyperlinks are provided for your reference and convenience only. LUKH is not liable for the availability or accuracy of such third party sources, and you assume all risk in using them. When you link to them, these third-party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information. When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk. LUKH is not responsible for the actions, content, information, data, practices, policies or opinions of any third parties. You are solely responsible for your interactions with any other parties with whom you interact through the Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. If you have a dispute with one or more third parties, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
In addition to the Services offered by LUKH, the Website may also advertise, offer, or make available information, products and/or services provided by third parties (collectively, the “Third Party Materials”). Third party products and/or services are governed by separate agreements or licenses with the third parties. LUKH offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials, including any liability resulting from incompatibility between third party products and/or services and the products and/or services provided by LUKH. You agree that you will not hold LUKH responsible or liable with respect to the Third Party Materials or seek to do so.
We are constantly changing and improving our Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend or stop a Service altogether, including, for example, if you do not comply with these Terms or if we are investigating suspected misconduct. You can stop using our Services at any time. We may also stop providing Services to you, or add or create new limits to our Services or restrict your access to all or a part of the Services at any time without notice or liability. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.
Some of the Services are provided free of charge, while others are provided for a fee. Payments are collected for purchasing products. All products, including availability and price, are subject to change at any time without notice. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any service; to impose conditions on any promotion; to bar any user from making any payment; and/or to refuse to provide any user with any service. If you wish to purchase any product available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
Purchase for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for a Purchase that we later cancel, we will issue you a refund. Prices are in U.S. dollars unless otherwise stated and are subject to change. We may require verification of information prior to the acceptance and/or fulfillment of any Purchase.
LUKH grants to you a revocable, non-transferable, nonexclusive, limited and non- assignable license to access and use the Services in accordance with these Terms. LUKH reserves all other rights in the Services not expressly granted to you.
We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas, criticism or other information any User provides to LUKH concerning the LUKH Services (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, the User hereby grants LUKH full ownership of the Submission as if LUKH had created, developed and posted the Submission for its own purposes, with no obligation to pay you royalties or any other compensation. LUKH reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with LUKH’s products or services. You also acknowledge that Submissions will not be returned and LUKH may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to the Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead LUKH as to the origin of any Submission. You agree to indemnify LUKH for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
User Conduct and Community Guidelines
You may use the Services only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:
- You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You will be respectful and considerate of other users and do your part to make LUKH a safe, supportive community for all users.
- You will register for the Services using accurate and current information, and you will not impersonate or attempt to impersonate LUKH, a LUKH employee, another user or any other person or entity (including, without limitation, by using email addresses or names associated with any of the foregoing).
- You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
- You will independently verify the quality, relevance or accuracy of any information posted on the Services by others.
- You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms.
- You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.
- You will not post unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations.
- You will not use the Services in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another's use of the Services.
- You will not attempt to hack or otherwise gain unauthorized access to the Services or user accounts.
- You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts).
- You will not affect the display of the Services through use of framing, pop-ups or third-party ads.
- You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Services.
- You will not threaten, dox, or otherwise harass other users.
- You will not post information that is inaccurate, false, fraudulent, or misleading, including submissions made under false pretenses.
- You will not post unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, racist, harmful, or otherwise objectionable material of any kind.
- You will not act in a manner that violates these Terms.
- You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.
- You will notify us immediately of any content of the Services that violates these Terms. We have the right to: (i) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (iii) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS LUKH AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of LUKH, are (i) owned by LUKH, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) may only be used in accordance with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or any content on the Services. You may not use content from our Services, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any of our technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by LUKH. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
LUKH cannot protect or advise you on your intellectual property rights, and LUKH cannot and does not take any responsibility for doing so.
Claims of Copyright Infringement
If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to:
Attn: Copyright Agent
8520 Timber Ridge Drive
Burr Ridge, IL 60527
The notice should include:
- Your full name and electronic or physical signature.
- Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
- A statement that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
- A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
- A description of the copyrighted work(s) that you claim has been infringed.
- A description of the location of the copyrighted materials on the Services.
Electronic Delivery Statement and Your Consent
You agree to receive legal notices and other information concerning LUKH or the Services electronically, including notice to any email address that you may provide.
Term and Termination
These Terms will remain in effect until terminated by you or LUKH. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms or for business reasons. We also reserve the right to pursue any additional remedies available in law or equity. You agree that LUKH may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. LUKH has no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Services. The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.
Disclaimer of Representations and Warranties
THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LUKH NOR ANY PERSON ASSOCIATED WITH LUKH MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER LUKH NOR ANYONE ASSOCIATED WITH LUKH REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. LUKH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, OTHER THAN AS EXPLICITLY SET FORTH HEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
YOUR USE OF THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE AND ANY CONTENT ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Services or any associated content against LUKH, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. LUKH, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services, any associated content, or any products delivered to you through the Service, (ii) any interaction with any third party through or in connection with the Services, including other users, (iii) any information offered or provided within or through the Services, or (iv) any other matter relating to the Services. In no event shall LUKH, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
You are solely legally liable if your use or misuse of the Services, any associated content, or any products delivered to you through the Service causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless LUKH, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgement, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Services, or violation of these Terms or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
Choice of Law
You agree that the laws of the State of New York and U.S. federal law govern these Terms, your use of the Services, and any claim or dispute that you may have against LUKH, without regard to New York’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Binding Arbitration and Jurisdiction
YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CLAIMS HEARD IN COURT BY A JUDGE OR JURY. AN ARBITRATION AWARD IS AS ENFORCEABLE AS A COURT ORDER AND IS SUBJECT TO ONLY LIMITED REVIEW BY A JUDGE. YOU ALSO UNDERSTAND AND AGREE THAT THIS ARBITRATION PROVISION PREVENTS YOU FROM PARTICIPATING AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more about AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, LUKH will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse LUKH for all fees associated with the arbitration paid by LUKH on your behalf, which you otherwise would be obligated to pay under the AAA’s rules. The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required. Except as otherwise provided in these Terms, you and LUKH may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and LUKH shall be exclusively brought in the state or federal courts of New York, New York.
Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.
Severability and Integration
These Terms and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and LUKH. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The paragraph headings used herein are for convenience only and shall not be used to limit any portion of these Terms of Service.
You may not assign these Terms without LUKH’s prior written approval. LUKH may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of LUKH’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and LUKH as a result of these Terms or your use of the Services. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LUKH in writing.
The Services are operated by LUKH. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
8520 Timber Ridge Drive
Burr Ridge, IL 60527