SEISEIDOU AMERICA, INC.

LAST UPDATED: DECEMBER 26, 2022

WELCOME TO THE ELUXE COMMUNITY!

Seiseidou America, Inc. d/b/a ELUXE, designees (“ELUXE”, “us”, “we”, or “our”), is pleased to provide you with access to our www.gloweluxe.com website (“Website”), which includes our products (“Products”) and accessible via our websites, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, contests, and any other materials or any other online activities or platform we own or control.

1.    BINDING EFFECT. Please read these terms and conditions (“Terms”) carefully before using the Website. The Terms are a binding legal contract between you and ELUXE. By accessing and using the Website, you acknowledge that you have read and reviewed these Terms in their entirety, you agree to these Terms and ELUXE’s privacy policy (available here, and which may be amended from time to time and effective when posted, and which is incorporated herein by reference), and these Terms constitute binding and enforceable obligations on you.

We may amend these Terms from time to time by posting an updated version on our Website here. If you have a subscription with us, we will inform you at least 30 days before the amendment comes into force by sending you an email to that effect at the email address that you have provided, which email will set out exclusively the new clause, or the amended clause and the clause as it read formerly and the date of the coming into force of the amendment. You may cancel a subscription without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the change comes into force, if the change entails an increase in your obligations or a reduction in ours. Your continued use of the Website after we post any changes will constitute your acceptance of such changes. provided, however, that any amendment or modification to the: (a) arbitration, class action wavier, waiver of jury trial, or any other provisions applicable to dispute resolution shall not apply to any disputes arising prior to the applicable amendment or modification. If you do not agree to these Terms, do not use the Website.

If you are accessing and using the Website on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. We recommend that you save a copy of these Terms your records.

2.    ELECTRONIC COMMUNICATION. The communications between you and ELUXE are electronic. You consent to receive communications from ELUXE in an electronic form (in lieu of communications by mail). You agree that all Terms, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

3.    ELIGIBILITY. By accessing, using, or making a purchase through the Website, or registering and creating an account on the Website, you represent and warrant that you are at least 18 years old and can form a binding contract with ELUXE.

4.    YOUR ELUXE ACCOUNT. You do not have to be a registered user to visit the Website. But, if you want to use certain features of the Website, or if you would like to purchase products through the Website, you will have to create an account. You can do this via the Website. Registration requires you to (A) provide certain contact and other personal information; (B) submit any other form of information, authentication, or agreement required by ELUXE as part of the registration process; and, (C) indicate your agreement to these Terms and the Privacy Policy. It is important that you provide us with accurate, complete, and up-to-date information for your account (e.g., change of billing address, credit card number, or expiration date). You agree to update such information, as necessary, to keep it accurate, complete, and up to date. If you do not, we may suspend or terminate your account. You may also be asked to provide a username (i.e., your email address) and password (“login credentials”). You are entirely responsible for maintaining the confidentiality of your login credentials and for restricting access to your account. You may not use the account or login credentials of someone else at any time. You agree to notify ELUXE immediately of any unauthorized use of your account or login credentials. ELUXE shall not be liable for any loss that you incur as a result of someone else using your login credentials or account, either with or without your knowledge. You agree to be responsible for any losses incurred by ELUXE, its officers, employees, consultants, agents, affiliates, representatives, and members, due to someone else’s use of your login credentials or account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances

5.    TERMS OF SALE. The following Terms of Sale (“Terms of Sale”) shall apply if you purchase products from ELUXE through the Website:

A.    No Purchase for Resale. Your purchase from the Website is for your own personal or household use, not for resale (including export, re-export, or transfer). The Website is intended solely for ELUXE to sell Products direct to end-user consumers. Purchase of Products for resale is strictly prohibited. Purchase for resale means the purchase of Product by someone who resells, or intends to resell, the Product to others (consumers, businesses, or any other third party). If ELUXE believes you are involved in purchase for resale, ELUXE reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account. By purchasing a Product through the Website, you represent and warrant that you are buying for your own personal or household use, and not for resale.

B.    Order Processing. Your order is an offer to purchase Product. ELUXE may send an order confirmation email to acknowledge receipt of your order, but ELUXE does not accept your order until we send you notice that the Product has shipped. ELUXE may process payment for and ship parts of an order separately. Fulfillment of all orders on the Website is subject to availability. ELUXE reserves the right to refuse or cancel any order prior to delivery. Orders may also be cancelled due to typographical errors, system failures, and inaccuracies in product/subscription pricing information or availability, or problems identified by ELUXE, or its payment processors, or other service providers. ELUXE also may require additional verification or information before accepting an order. ELUXE will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after ELUXE processed your payment but prior to delivery, ELUXE will refund your payment. As applicable, all purchases are also subject to shipping and handling charges and sales and/or other taxes, which will be applied to your order total. Taxes will be calculated based on the billing address provided.

C.    Pricing and Availability. Prices and promotions are subject to change. ELUXE strives to communicate accurate pricing and Product information, but errors may occur. ELUXE reserves the right to cancel an order in the event of a pricing error. In the unlikely event that an error affects your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order.

D.    Payment Information. You understand all payments must be made to ELUXE through Shopify, our third-party payment processor, with a valid credit card or debit card. When you provide any information to ELUXE for any reason, such as to register for the purchase of Products, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment information to us, you represent that such payment information is correct and belongs to you or you have the authority to use such payment card. In the case of email, you must provide an accurate email address that is registered in your name. You are responsible for promptly updating your information with any changes, including the requirement to keep billing information current. You must promptly notify ELUXE if your payment card is cancelled (for example, for loss or theft). To help keep your account current and prevent interruption, you acknowledge ELUXE may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order via the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with ELUXE. All prices are displayed and Products purchased in United States Dollars unless expressly indicated otherwise.

E.    SMS Notifications. ELUXE uses ReChargeSMS (owned by “Electric SMS”), a third party SMS message management platform (operated via ReCharge, our third party subscriptions payments platform) that allows you to receive SMS mobile messages regarding your order(s) from the Website, including shipping and delivery updates. The terms of service for ReChargeSMS can be viewed here. Our Services may include sending you Short Message Service (“SMS”) messages, which may deliver up to two messages per month to your wireless device (unless you communicate further with us), but message frequency may vary. We may use your information to contact you about your purchases or informational and service-related communications, including important security updates. You may remove your information by replying “STOP” to the SMS text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. Alternatively, you may submit your request by email to us, including the email address and phone number you registered with us, or by any reasonable means. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For help, please reply to a text with HELP. Message and data rates may apply, depending on your cell phone plan. Carriers are not liable for delayed or undelivered messages.

F.    Monthly Subscription-Based Program. ELUXE offers certain products on a monthly subscription basis so you can enjoy the benefits of such products on a continuous basis. Our subscription service automatically delivers your products right to your door on a recurring basis (i.e., every 1 or 3 months). You can join the monthly subscription program by selecting this option on the product page and checking out.

BY SIGNING UP FOR THE MONTHLY SUBSCRIPTION WITH A RECURRING SHIPMENT, YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOUR ORDER WILL BE AUTOMATICALLY PROCESSED AND SHIPPED ON A RECURRING BASIS AS SELECTED BY YOU UNTIL YOU END YOUR SUBSCRIPTION OR CANCEL YOUR RECURRING ORDER. Your payment method will automatically be charged for each successive shipment at the then-current price until you provide prior notice that you wish to cancel your subscription, as described below. Notwithstanding anything to the contrary contained herein, prices are subject to change at any time during the term of your subscription. Monthly charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons.

You may cancel your monthly subscription-based program at any time by cancelling online at www.gloweluxe.com, or emailing us to support@gloweluxe.com. Any cancellation of your subscription must be received by ELUXE at least forty-eight (48) hours prior to the next scheduled payment date in order to take effect for that period. If you cancel less than forty-eight (48) hours prior to the monthly renewal of your subscription, your subscription will continue as scheduled, and your cancellation will take effect in the following month.

G.    First Purchase Lifetime Money-Back Guarantee (the “Guarantee”). You are eligible to receive a one-time, full refund of any qualifying subscription purchase (a “Qualifying Purchase”) from any of the ELUXE official stores (an “Official Store”) as described in subsections 2 and 3 below, under the following terms and conditions.

1.    Eligibility. You must be a first-time purchaser of any Qualifying Purchase from any Official Store. Purchasers of ELUXE items that are not Qualifying Purchases are not eligible. The Guarantee is limited to one time only for one (1) person per household. Repeat customers who have previously purchased Qualifying Purchases are only eligible to receive the Guarantee for the first Qualifying Purchase.

2.    Qualifying Purchases. Qualifying Purchases include monthly subscriptions to: (a) ELUXE Go Glow Kit, (b) ELUXE Hair Growth Combo; (c) ELUXE Hair System; and (d) ELUXE Premium Total-care Kit.

3.    Official Stores. Official Stores are stores approved by ELUXE to sell ELUXE products, including, but not limited to, the ELUXE website (gloweluxe.com) and Amazon (www.amazon.com).

4.    3 Easy Steps to Apply the Guarantee.

a.    STEP 1: Call the Support Center at (888) 492-7521 or email support@gloweluxe.com to apply the Guarantee. You will receive a follow-up email from ELUXE with instructions.

b.    STEP 2: Return the Qualifying Purchase (empty bottles are acceptable), along with the accompanying original receipt and/or delivery receipt and the ELUXE Money-Back Guarantee Official Return Document within seven (7) days to the address provided to you in your follow-up email.

c.    STEP 3: Reply back to your follow-up email with the tracking information of your return package.

Your refund will be processed within about seven (7) days following ELUXE’s confirmation of the return of your Qualifying Purchase; however, it may take longer for the refund to appear in your bank account once issued.

5.    Other Terms and Conditions. If you use the Guarantee, ELUXE will automatically cancel any of your active ELUXE subscriptions. Should you choose to subscribe to a Qualifying Purchase in the future, you will not be eligible to use the Guarantee again. The Guarantee applies during your lifetime – you may choose to use the Guarantee at any time; provided, however, the full refund will only apply to your first Qualifying Purchase. You must provide your original receipt and/or delivery receipt from your first Qualifying Purchase in order to apply the Guarantee.

H.    Return/Refund Policy. The following Return/Refund Policy is applicable to all returns that are not eligible for the Guarantee pursuant to Section G. We will happily issue an exchange or refund for any unopened Product purchased on the Website if it is returned within thirty (30) days from the date of purchase. Any such refund shall be returned to the original credit card used to purchase the Product. Returned Products must be accompanied by a copy of the receipt, in the same condition you received it, and in the original packaging. Please note that shipping charges on your original order will not be refunded unless there was a shipping error or product damage. If you received a damaged Product, please notify us immediately at support@gloweluxe.com. A credit will be issued to the credit card used to make the original purchase within about five (5) business days upon receipt of return. If you wish to return an item from a recurring order that has already been processed/shipped, you will be responsible for paying the costs of the return shipping and your refund will be subject to a 15% restocking fee.

i.    Returned Product Evaluation. Product and original packaging must all be included and in unused condition. Additionally, missing accessories and/or user damage to Products or packaging will be assessed for actual repair or replacement value and will be factored into any refund calculation.

ii.     How to Return. Please contact Customer Service by email at support@gloweluxe.com with your request for a return and your order number. Our customer service team will respond promptly with instructions for your return.

Official Purchase Required for Refunds:
Refunds will only be honored for products purchased directly from ELUXE's official website. Any products purchased from unauthorized dealers or third-party websites will not be eligible for a refund through ELUXE. 

I.    Credit Card Chargeback Policy. We try to protect the business and credit card companies, banks, and other institutions providing related services to us from fraudulent credit card chargebacks. A chargeback is fraudulent if the credit card holder disputes a legitimate charge for products the holder has purchased from a merchant. You understand and agree that in the event you attempt to create a fraudulent chargeback, ELUXE will work with the relevant credit card company, bank, or other institution and law enforcement authorities to investigate the matter.

J.    Reservation of Rights. ELUXE reserves the right to suspend or terminate your interaction with the Website for any or no reason, in its sole and absolute discretion, including your access, use, or purchase of any Products that ELUXE provides.

K.    Other Terms. ELUXE reserves the right to not process or cancel your order in certain circumstances. This may occur, for example, when the Product you wish to purchase is out of stock, back ordered, or has been mispriced, we suspect the request is fraudulent, or in other circumstances ELUXE deems appropriate in its sole discretion. ELUXE also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. ELUXE will either not charge you or refund the charges for orders that we do not process or cancel. Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will adjust your account at our discretion. In the event that a refund is issued, it can only be issued to the original form of payment.

L.     Title; Risk of Loss. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Company may reject orders where the stated delivery address is outside the United States; we do not ship outside of the United States.

M.    Product Availability. We are always striving to improve the Website, including our Products. Therefore, we may revise or discontinue Products at any time without notice or any liability. Prices and promotions are subject to change without notice. We do not warrant that information available via our Website is accurate, complete, reliable, current, or error-free. The Website may contain information regarding the availability of Products. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, ELUXE cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a Product offering may be in stock when a customer places the order and sold out by the time ELUXE attempts to process the order.

N.    Taxes and Fees. You are responsible for sales and other taxes and fees associated with your order.

6.    OWNERSHIP OF ELUXE CONTENT. The Website is owned and operated by ELUXE. You acknowledge and agree that all content and materials contained on the Website, including content, materials, information, visual interfaces, graphics, design, compilation, computer code, software, products, services, trademarks, and all other elements of the Website (collectively, “ELUXE Content”), are protected by intellectual property and proprietary rights, international laws and conventions, and applicable laws, and are proprietary and constitute valuable intellectual property owned or licensed by ELUXE. Except as expressly authorized by ELUXE under these Terms, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the ELUXE Content. You agree not to remove or obscure the copyright notice or other notices displayed on the ELUXE Content. Any unauthorized use of the Website, ELUXE Content, and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. Except as provided herein, nothing contained on the Website should be understood as granting you a license to use any of the copyright, trademarks, service marks, or logos owned by ELUXE or by any third party.

All trademarks, service marks, trade names, and trade dress, whether registered or unregistered, of ELUXE used on the Website are trademarks or registered trademarks of ELUXE. ELUXE's trademarks and trade dress may not be used in connection with any product that is not ELUXE's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ELUXE. Without ELUXE’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any use of such marks by you will inure exclusively to ELUXE or its respective owners. The ELUXE Content may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of ELUXE, unless and except as is expressly provided in these Terms. Any unauthorized use of the ELUXE Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Website.

By submitting any ideas or suggestions to us (through our Website, social media sites, or other digital platforms, or through Google or other review sites, or other means) related to improvements to the Website (collectively, “Feedback”) you agree that such Feedback shall be deemed, and shall remain, our property, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback (including without limitation intellectual property rights and moral rights) without compensation or further notice to you. We shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback.

7.    YOUR ACCESS TO AND USE OF THE WEBSITE. Subject to your compliance with these Terms, we grant you a limited, personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to view, copy, and print ELUXE Content retrieved from the Website solely for your personal use and for placing an order via the Website. Except as expressly provided in these Terms, nothing contained in these Terms or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of ELUXE’s or a third party’s intellectual property rights. Any rights not expressly granted herein are reserved. Further, you are expressly prohibited from: (A) any resale or commercial use of the Website, the ELUXE Content, and/or any of the other contents or materials found thereon; (B) any collection and use of any information posted on the Website for any purpose other than your own personal use and entertainment, including, without limitation, any purpose competitive to ELUXE or any commercial purpose, including marketing; (C) any downloading or copying of Website or account information for any reason other than your personal use, or any use of data scraping, data mining, robots or similar data gathering and extraction tools; (D) deep-linking to any portion of the Website; (E) framing or utilizing framing techniques to enclose any portion of the Website without express written consent; (F) using the Website to access or collect any personal information, including account names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes; (G) attempting to gain access to secured portions of the Website to which you do not possess access rights; (H) using the Website to generate unsolicited email advertisements or spam; (I) using any automatic or manual process to search or harvest information from the Website; or (J) interfering in any way with the proper functioning of the Website.

8.    COMPLAINTS; ALLEGED VIOLATIONS. ELUXE reserves the right to terminate your use of the Website. To ensure that ELUXE provides a high quality experience for you and for other users of the Website, you agree that ELUXE or its representatives may access your account, if applicable, 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 Website. ELUXE does not intend to disclose the existence or occurrence of such an investigation unless required by law, but ELUXE reserves the right to terminate your account, if applicable, or your access to the Website immediately, with or without notice to you, and without liability to you, if ELUXE believes that you have violated any of the Terms, furnished ELUXE with false or misleading information, or interfered with use of the Website by others.

9.    PROHIBITED USES. ELUXE imposes certain restrictions on your permissible use of the Website. You are prohibited from violating or attempting to violate any security features of the Website, 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, or impersonating any person or entity or posting any images of another person without his or her permission; (B) attempting to probe, scan, or test the vulnerability of the Website, 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 Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (D) using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (E) forging any TCP/IP (i.e., Transmission Control Protocol/Internet Protocol) packet header or any part of the header information in any e-mail or in any posting using the Website; (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 ELUXE in providing the Website; (G) soliciting passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminating another person’s personal information without his or her permission; (H) creating another user account if we have already terminated your account, unless you have our written permission to do so; (I) using the Website for any harmful or nefarious purpose; (J) using the Website to damage ELUXE; or (K) using the Website for any purpose that is illegal or prohibited by these Terms. Any violation of system or network security may subject you to civil and/or criminal liability.

10.    User Content Posting Guidelines. By posting any Content, or submitting Content for posting, you agree with the following “User Content Posting Guidelines”: To the extent our Website contains areas where you can post or submit Content to be posted such as comments, product reviews, testimonials, etc., you agree to post Content that is proper and related to the general theme of the Website. Content also includes that which you send to us by email, text, mail, or other means. You agree not to post or submit any Content that:

• Is off-topic, false, inaccurate, misleading, defamatory, libelous, stalking, threatening, obscene, pornographic, indecent, vulgar, offensive, which contains unlawful material or information, or which otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation or identity, race, ethnicity, age, or disability;
• Is not your own original creation or that you do not have permission to use or that infringes the copyright, trademark, patent, or other proprietary right of any person or that is used without the permission of the owner;
• Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
• Promotes or provides instructional information about illegal or illicit activities;
• Purports to be from any person or entity, including but not limited to one of our employees, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• Includes personal or identifying information about another person without that person's explicit consent, or is doxxing;
• Contains malicious software code of any kind, including, but not limited to, code that contain viruses, malware, corrupted files, or any other similar software or programs designed to or that may interrupt, lock up, destroy, damage or limit the operation of another person's computer or network or telecommunications equipment;
• Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Website, or that otherwise negatively affects the ability of others to use the Website; or,
• Advertises or offers to sell any goods or services, or engage in surveys, contests, chain letters, or for any commercial purpose.

We reserve the right (but have no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason. The decision to remove User Content at any time is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content or other Content. You are solely responsible for your User Content and may be held liable for User Content that you post.

11.    SUSPENSION. We may immediately suspend or restrict access to the Website, our Service, or your account, in whole or in part, with or without notice to you if: (a) we reasonably believe that you have violated any applicable law which may have a potentially adverse effect on us or our other customers; (b) we believe that providing access to the Website or advertising or offering our Products may violate any applicable law or regulation; (c) we reasonably believe that it is necessary to protect our servers, systems, infrastructure, data, or information or that of our respective third-party providers or other customers, from a denial of service attack, security breach, introduction of a virus or other malware, ransomware attack, or similar event; (d) requested or ordered by a law enforcement agency, government agency, or similar authority; or, (e) you fail to cooperate with us to investigate suspected violations of these Terms. Upon removal, cessation or mitigation of the underlying cause for any of the above that occurs, we may resume providing access to the Website or affected Service.

12.    TERMINATION.We may terminate your access to the Website if you violate these Terms. Upon termination, your right to access and/or use our Website will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files, or materials in or related to your account, including, without limitation, any User Content. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to the Website and to your account and/or as a result of the deletion of any information, files, or materials in or related to your account.

Upon any termination, discontinuation, or cancellation of your account, all provisions of these Terms that by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, restrictions on use, and dispute resolution provisions.

ELUXE reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated these Terms, misused the Website, or acted in a way that ELUXE regards as inappropriate or unlawful, including actions or communications that occur on or off the Website.

13.    AFFILIATED AND THIRD PARTY SITES, THIRD PARTY SERVICES, AND THIRD PARTY CONTENT. ELUXE has no control over, and no liability for any third party websites, applications, or materials. ELUXE works with a number of third party partners and affiliates, whose Internet sites may be linked with the Website. Because neither ELUXE nor the Website has control over the content and performance of these third party partner and affiliate sites, ELUXE makes no guarantees about the accuracy, currency, content, policies, promotions, products, services, or quality of the information provided by such third party sites, and ELUXE 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 Website, you may have access to content items (including, but not limited to websites or “social media“ sites such as Instagram, Facebook, Google+, YouTube, Twitter, etc.) that are owned by third parties. You acknowledge and agree that ELUXE makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, policies, promotions, products, services, failures, actions, damages, losses, problems, or quality of this third party content. You acknowledge sole responsibility for and assume all risk arising from your use of any third party websites, applications, or materials.

Further, certain portions of the Website may be integrated into, or be provided in connection with third party websites, services, content, and/or materials (“Third Party Services”). We do not review or control any Third Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third Party Services accessible from the Website. There is no implied connection, endorsement, or adoption by ELUXE of these Third Party Services and we shall not be responsible for any content provided on or through these Third Party Services. Certain opinions, claims, advice, representations, statements, or other information or materials may be made available by third parties through or in connection with the Website (“Third Party Content”). This Third Party Content belongs to the respective authors or providers of the applicable Third Party Content and these authors and providers are solely responsible for the Third Party Content they provide in relation to the Website.

 

ELUXE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT REGARDING ANY PORTION OF THE WEBSITE; OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, CLAIM, ADVICE, REPRESENTATION, OR STATEMENT MADE BY A THIRD PARTY as part of any Third Party Content. UNDER NO CIRCUMSTANCES WILL ELUXE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THird Party CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD PARTY in connection with the WEBSITE, INCLUDING ITS PRODUCTS.

 

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE WEBSITE AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. ELUXE ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS, AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.

14.    LIMITED WARRANTY. YOU ACKNOWLEDGE AND AGREE THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY websites, products available and accessible via our website, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, CONTESTS, and any other materials or any other online activities or platform we own or control, AND AS TO ELUXE PRODUCTS, EXCEPT AS EXPRESSLY SET FORTH IN THE WARRANTY SECTION OF THE DOCUMENTS ACCOMPANYING THE PRODUCTS OR IN PRODUCT LITERATURE FURNISHED BY ELUXE CONTAINING PRODUCT WARRANTIES, IF ANY, AS IN EFFECT FROM TIME TO TIME (THE “STATEMENT OF WARRANTY”) ARE PROVIDED AS-IS AND AS AVAILABLE, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND.  ELUXE’S SOLE OBLIGATION AND LIABILITY IN RESPECT OF ITS WARRANTY AS SET FORTH IN THE STATEMENT OF WARRANTY, IF ANY, SHALL BE, AT ITS OPTION, TO REPLACE THE RELEVANT PRODUCT AT ITS COST.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTHER THAN AS EXPRESSLY PROVIDED IN THESE TERMS, ELUXE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE webSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. ELUXE DOES NOT WARRANT THAT THE webSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE webSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE webSITE IS AT YOUR SOLE RISK.

CERTAIN APPLICABLE STATE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR officers, managers, members, employees, consultants, agents, affiliates, and representatives, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

15.    LIMITED LIABILITY. ELUXE’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ELUXE OR ANY OF OUR officers, managers, members, employees, consultants, agents, affiliates, or representatives (COLLECTIVELY, THE “ELUXE PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WebSITE OR ANY CONTENT, PRODUCTS PROVIDED TO YOU BY ELUXE; YOUR INABILITY TO ACCESS OR USE THE webSITE; THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE webSITE; OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER CONTENT, EVEN IF ELUXE HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), PRODUCT LIABILITY, or any other legal theory or form of action EVEN IF ELUXE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT ELUXE PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. ELUXE DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE webSITE. ELUXE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE WebSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE webSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY USER CONTENT IS TO STOP USING THE WEBSITE AND/OR TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR COMPANY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (US $100).

CERTAIN APPLICABLE STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

NOTICE TO CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “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 OR HER SETTLEMENT WITH THE DEBTOR.”

notice to new jersey residents: IF YOU ARE A VISITOR TO THE WEBSITE FROM NEW JERSEY, CERTAIN LIMITATIONS IN THESE TERMS ARE INAPPLICABLE OR UNENFORCEABLE WITHIN NEW JERSEY. NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY IN THESE TERMS, WITHIN NEW JERSEY: (A) WE DO NOT LIMIT OUR LIABILITY BASED ON OUR NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT; (B) WE DO NOT LIMIT OUR LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE THAT OCCUR ON OUR PROPERTY; AND, (C) THERE IS NO WAIVER OF YOUR RIGHT TO ATTORNEYS’ FEES. THESE PROVISIONS ARE ENFORCEABLE ONLY TO THE FULL EXTENT PERMITTED BY NEW JERSEY LAW. THE PROVISIONS OF THIS SUBSECTION ONLY APPLY TO GOODS AND SERVICES USED FOR PERSONAL, FAMILY, AND HOUSEHOLD PURPOSES.

16.    INDEMNIFICATION. By utilizing the Website or our Products or Service, you agree to indemnify and hold us and our officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us through your use of Website or our Products or Service, or your posting or submission of User Content in violation of these Terms (including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity 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, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms. ELUXE 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.

ELUXE reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other Website users or customers. To the extent the law permits, you release us from any claims or liability related to any content and/or User Content posted on the Website and from any claims related to the conduct of any other users or customers of ours.

17.    DMCA NOTICE. If you believe that any content on the Website violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512, “DMCA”). In the case of an alleged infringement, please provide the following information:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website (including the exact URL);
• An address, a telephone number, and an email address where we can contact you;
• A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and,
• Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the following designated agent:

Seiseidou America, Inc.
Attn: Megu Kubo
10880 Wilshire Blvd. Suite 1101
Los Angeles, California 90024, U.S.A.
Email: contact@seiseidou-usa.com

We have the right to terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Website more than twice.

18.   TRADE SANCTION LAWS AND REGULATIONS. You understand and acknowledge that ELUXE is required to follow applicable trade sanctions laws and regulations in all jurisdictions where it conducts business, including the general prohibition on engaging with certain governments, entities, groups, or individuals, often referred to as Specially Designated Nationals (“SDNs”), blocked persons, and/or denied party(ies), that are suspected to, or have, engaged in, or otherwise supported, terrorism, narcotics trafficking, or other identified nefarious activities. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

19.    DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION

A.    Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.

B.    Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Website or Products or Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.

C.     The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.

D.    The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.

E.    Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents), (b) your violation of the restrictions on use, or (c) your violation of our Acceptable Use Policy or User Content Posting Guidelines.

F.    Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

G.    Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.

H.    Applicable Law. . For all legal proceedings arising out of use of the Website, the Products or Services, and/or relating to these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of California. You understand and agree that your use of the Website and the Services as contemplated by these Terms shall be deemed to have occurred in the state of State of California. To the extent litigation is permitted pursuant to these Terms, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in Los Angeles, California, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum. 

I    Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 7 (Inappropriate Conduct) or Section 9 (Prohibited Uses) of the Terms.

J.     Opt-Out. You may choose to opt-out of arbitration and reject the Arbitration Agreement by emailing ELUXE at support@gloweluxe.com with your notice to opt-out (“Notice to Opt-Out”). Your Notice to Opt-Out must include your full name, street address, city, state, zip code, email address, and an unaltered digital image of your valid driver’s license. The Notice to Opt-Out must be received by ELUXE no later than thirty (30) days after the date you accept these Terms for the first time. There are no exceptions to these opt-out procedures. If you opt-out of the Arbitration Agreement ALL other parts of these Terms will remain in effect and continue to apply to you.

WHETHER TO AGREE TO THE ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS, INCLUDING BUT NOT LIMITED TO AN ATTORNEY, REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

20.    SEVERABILITY; WAIVER. If any provision of these Terms, or the application thereof to any person, place, or circumstance, will be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and, provided that the fundamental Terms of these Terms remain legal and enforceable, the remainder of these Terms and such provisions as applied to other persons, places, and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

21.    INTERNATIONAL USE. Our Website is operated in the United States of America, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Website does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.

22.    CALIFORNIA USERS – CONSUMER RIGHTS NOTICE. Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

You may also contact us in writing regarding any inquiries, questions about pricing, or complaints by mail at Seiseidou America, Inc. dba ELUXE, Attn: Website Administrator, 10880 Wilshire Blvd. Suite 1101, Los Angeles, California 90024, U.S.A.; or, by email at support@gloweluxe.com.

23.    ENTIRE AGREEMENT. This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms will be of no power or effect. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.