Terms and Conditions
1. Definitions
For the purpose of these Terms and Conditions:
- “Company,” “We,” “Us,” “Our” refers to luxury.tipskuliah.com, operating under the URL https://luxury.tipskuliah.com/. This entity is the owner and operator of the Website and is responsible for the content and services provided herein.
- “Website” refers to https://luxury.tipskuliah.com/ and all its associated pages, subdomains, features, content, and services managed by the Company.
- “User,” “You,” “Your” refers to any individual or entity accessing, browsing, or using the Website, whether as registered users, casual visitors, or contributors of content.
- “Content” refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, articles, forum posts, comments, visual interfaces, interactive features, and any other material displayed on, transmitted through, or otherwise available on the Website, including but not limited to design ideas, product recommendations, guides, and tutorials related to home exterior.
- “Services” refers to any functionalities, resources, or offerings provided by the Company through the Website, including but not limited to informational articles, guides, community forums, product reviews, and any interactive features.
- “Third-Party” refers to any natural person or legal entity other than the Company or the User. This includes, but is not limited to, advertisers, sponsors, content providers, and external websites linked from our Website.
- “User-Generated Content” (UGC) refers to any Content that Users submit, post, upload, publish, or make available on or through the Website, including but not limited to comments, reviews, photographs, or questions.
2. Acceptance of Terms
Your access and use of the Website is conditioned upon your unequivocal acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Website. By accessing or using the Website, you represent that you have read, understood, and agree to be legally bound by these Terms and Conditions. This agreement constitutes a binding contract between you and luxury.tipskuliah.com. If you initiate use of the Website after having been presented with these Terms, or if you click a button or check a box indicating your acceptance, you are signifying your complete understanding and acceptance of all provisions contained herein. Should you object to any part of these Terms, or if you are unable to enter into a binding legal agreement, you must immediately cease all access and use of the Website.
3. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without prior individual notice. We will indicate at the top of these Terms the date of the most recent revision. For “material” changes – those that significantly alter your rights or obligations – we will make reasonable efforts to provide at least thirty (30) days’ notice prior to the new terms taking effect. Such efforts may include posting a notification on the Website’s homepage or within these Terms themselves, or by sending an email to any address you may have provided to us. What constitutes a “material change” will be determined at our sole discretion. It is your responsibility to review these Terms periodically for updates. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website and must discontinue your access immediately. We encourage you to regularly check this page to stay informed of any updates.
4. Access and Use of the Website
4.1 Eligibility
To access or use the Website, you must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is higher, and capable of forming a binding contract with luxury.tipskuliah.com. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. We do not knowingly collect personal information from individuals under the age of 18. If we become aware that an individual under 18 has provided us with personal information, we reserve the right to delete such information immediately.
4.2 User Account Responsibility (If Applicable)
While our Website primarily offers informational content, we may, in the future, offer features that require user registration (e.g., commenting systems, forums, personalized content, or exclusive access). If you choose to create an account on luxury.tipskuliah.com, you are responsible for maintaining the confidentiality of your account login information, including your username and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. We will not be liable for any loss or damage arising from your failure to comply with this section.
4.3 Permitted Use
You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Website solely for your personal, non-commercial, informational, and entertainment purposes, subject to these Terms. This license includes the right to:
- Browse and read articles, guides, and other informational content related to home exterior design, maintenance, and ideas.
- Share content from the Website via social media or email for personal, non-commercial purposes, provided you maintain all copyright and other proprietary notices and attribute the source to luxury.tipskuliah.com.
- Interact with any available features on the Website, such as comment sections or forums, in a respectful and constructive manner, so long as your contributions comply with our content standards and these Terms.
- Print specific pages or sections of the Website for your personal, non-commercial use, provided that the printed copies retain all copyright, trademark, and other proprietary notices contained in the original Content.
Any use of the Website or its Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
4.4 Prohibited Use
You agree not to use the Website, or facilitate use by any third party, in any manner that is unlawful, harmful, or prohibited by these Terms. Prohibited uses include, but are not limited to, the following:
- Illegal Activities: Engaging in any activity that violates any applicable local, state, national, or international law or regulation, or advocating, promoting, or assisting any illegal act.
- Commercial Exploitation: Using the Website or any Content for any commercial purpose without our express prior written consent. This includes, but is not limited to, reselling, distributing, renting, leasing, sublicensing, or otherwise commercially exploiting any part of the Website.
- Infringement of Rights: Uploading, posting, emailing, transmitting, or otherwise making available any Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights of any party. This includes using our content (text, images, designs) for your own commercial products or services.
- Harmful Content: Transmitting or posting any Content that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically, or otherwise objectionable.
- Malicious Software: Introducing any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
- Disruption: Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. This also includes actions that may impair the Website’s functionality or interfere with other users’ access to the Website.
- Data Scraping/Mining: Using any robot, spider, crawler, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, or systematically retrieving data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without express written permission from us. Manual processes of similar nature are also prohibited.
- Impersonation: Attempting to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble any aspect of the Website where such prohibition is not permitted by applicable law.
- Spamming: Engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. This includes sending unsolicited advertising or promotional material (“spam”).
- circumventing Security: Bypassing, disabling, or otherwise interfering with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
- Misrepresentation: Providing false, inaccurate, or misleading information when using our services or interacting with the Website.
Any unauthorized use automatically terminates the permission or license granted by the Company to you. We reserve the right to monitor use of the Website to ensure compliance with these Terms.
5. Intellectual Property Rights
5.1 Ownership of Content
The Website and its entire Contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by luxury.tipskuliah.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes, without limitation, all articles, blog posts, guides, tutorials, design concepts, imagery (including photographs and illustrations depicting home exteriors), visual elements, software code, and overall aesthetic presentation. The compilation of all content on this Website is the exclusive property of luxury.tipskuliah.com and protected by U.S. and international copyright laws.
5.2 Trademarks
The name “luxury.tipskuliah.com” and all related names, logos, product and service names, designs, and slogans are trademarks of luxury.tipskuliah.com or its affiliates or licensors. You must not use such marks without prior written permission from luxury.tipskuliah.com. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. The use of any trademarks or logos displayed on the Website without the express written permission of the respective owner is strictly prohibited.
5.3 Limited License to Users
Subject to your compliance with these Terms, luxury.tipskuliah.com grants you a personal, non-commercial, non-exclusive, non-transferable, revocable limited license to access and use the Website and view its Content solely for your personal, non-commercial purposes consistent with the intended functionality of the Website. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
5.4 User-Generated Content (UGC)
The Website may include features that allow you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User-Generated Content” or “UGC”). All UGC must comply with the Content Standards set out in these Terms.
By submitting UGC, you represent and warrant that:
- You own or control all rights in and to the UGC and have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- Your UGC does not violate the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
- Your UGC does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Your UGC is accurate, truthful, and not misleading.
- Your UGC is not spam or part of any unauthorized advertising or promotional material.
- You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
By providing any UGC on the Website, you hereby grant luxury.tipskuliah.com, its affiliates, and service providers, and each of their and our respective licensees, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (with the right to sublicense through multiple tiers) to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such UGC for any purpose. This license ensures that we can host, display, and share your content as intended by the Website’s features and for promotional purposes related to the Website. You waive any moral rights or other rights regarding attribution of authorship or integrity of materials regarding your UGC that you may have under any applicable law under any legal theory.
5.5 Digital Millennium Copyright Act (DMCA) Policy
We respect the intellectual property rights of others and respond to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that any Content on the Website infringes your copyright, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material. Please provide the specific URL(s) where the allegedly infringing material is located.
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Email: [email protected] (Subject: DMCA Notice)
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including attorneys’ fees. We reserve the right to remove Content without prior notice and without liability to you.
6. Disclaimer of Professional Advice
The Content provided on luxury.tipskuliah.com, including but not limited to articles, guides, recommendations, design ideas, product comparisons, and all other informational material related to home exteriors, is intended for general informational, educational, and entertainment purposes only. It is not, and should not be construed as, professional advice of any kind, whether legal, financial, architectural, engineering, construction, design, or otherwise.
Specifically, the information presented on this Website is not a substitute for the advice and services of qualified professionals. Before undertaking any home exterior project, renovation, repair, or significant design change, or making any purchasing decisions based on information from this Website (e.g., selecting materials, hiring contractors, performing DIY tasks), you must consult with licensed and experienced professionals in the relevant fields. This includes, but is not limited to:
- Licensed Contractors: For all construction, renovation, or repair work.
- Architects or Designers: For specific design plans, structural considerations, and aesthetic integration.
- Engineers: For structural integrity, drainage solutions, or complex site challenges.
- Landscapers: For professional landscape design, installation, and maintenance advice.
- Local Government Officials: To understand and comply with local building codes, permits, zoning regulations, and HOA rules that may apply to your property.
- Other Specialists: Such as electricians, plumbers, roofers, or painters, depending on the specific scope of your project.
The Company does not endorse any specific products, materials, contractors, or services mentioned on the Website, unless explicitly stated as a sponsored collaboration, which will be clearly disclosed. Any reliance you place on such information is therefore strictly at your own risk. We do not assume any liability for decisions made or actions taken based on the Content, nor for any professional or non-professional services obtained as a result of using the Website. You are solely responsible for independently verifying the accuracy, completeness, and usefulness of all opinions, advice, services, and other information provided on the Website. It is your personal responsibility to ensure that any projects you undertake comply with all applicable laws, codes, and safety standards in your specific jurisdiction.
7. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LUXURY.TIPSKULIAH.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, COMPATIBILITY, PERFORMANCE, TITLE, AND QUIET ENJOYMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT:
- THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
- THE WEBSITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THE INFORMATION OR CONTENT ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING THOSE IN UGC, IS THAT OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF LUXURY.TIPSKULIAH.COM.
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE.
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
LUXURY.TIPSKULIAH.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUXURY.TIPSKULIAH.COM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXURY.TIPSKULIAH.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR DAMAGES TO PROPERTY, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER THE CLAIM AROSE OUT OF THE USE OR INABILITY TO USE THE SERVICES OR WEBSITE, OR FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF, NOTWITHSTANDING THE FOREGOING, LUXURY.TIPSKULIAH.COM IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR ANY CONTENT, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
9. Indemnification
You agree to indemnify, defend, and hold harmless luxury.tipskuliah.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your violation of these Terms or your use of the Website, including, but not limited to, your User-Generated Content.
- Your use of any Content or services obtained from the Website other than as expressly authorized in these Terms.
- Your use of any information obtained from the Website, including any reliance on the information provided regarding home exterior projects, advice, or recommendations.
- Your actions or omissions that result in actual or alleged infringement of any intellectual property rights (including copyright, patent, trademark, trade secret, or other proprietary rights) or privacy rights of any person or entity.
- Any breach of your representations and warranties set forth in these Terms.
- Any claim that your User-Generated Content caused damage to a third party.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10. Third-Party Links and Content
The Website may contain links to social media features, articles, advertisements, or other content (“Third-Party Links”) that are not owned or controlled by luxury.tipskuliah.com. We may provide these links merely as a convenience to our Users. You acknowledge and agree that luxury.tipskuliah.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Links. The inclusion of any Third-Party Links does not imply endorsement by luxury.tipskuliah.com of the content, quality, or accuracy of the linked website or resources, or any association with its operators.
You acknowledge and agree that luxury.tipskuliah.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third-Party Links. When you click on any Third-Party Links, you will leave our Website. Your access and use of any Third-Party Links, including any content, information, products or services on or through such Third-Party Links, is solely at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
11. Privacy Policy
Your use of the Website is also subject to our Privacy Policy, located at [link to your Privacy Policy, e.g., https://luxury.tipskuliah.com/privacy-policy]. Our Privacy Policy governs our collection, use, and disclosure of your personal information, and outlines your rights concerning your personal data. By using the Website, you acknowledge and agree that you have read, understood, and consented to the practices described in our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy carefully to understand our practices regarding your data.
12. Payments and Subscriptions (If Applicable)
Currently, luxury.tipskuliah.com is an informational website and does not offer paid content, subscriptions, or direct product sales. However, we reserve the right, at our sole discretion, to introduce such features in the future.
If and when we introduce paid services, subscriptions, or products, the following general terms would apply, in addition to any specific terms provided at the point of sale:
- Pricing: All prices for services or products will be clearly stated on the Website. We reserve the right to change prices at any time. Price changes will not affect existing subscriptions until their renewal.
- Payment: All payments must be made through the designated payment methods (e.g., credit card, PayPal). You represent and warrant that you have the legal right to use all payment methods that you use to make a purchase.
- Billing: You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will be responsible for paying any applicable taxes relating to your purchases.
- Subscriptions: If you subscribe to a service, your subscription will automatically renew at the end of each period unless you cancel it. You will be billed on a recurring basis. Instructions for cancellation will be provided at the time of subscription and in our FAQ.
- Refunds: Specific refund policies will be provided at the time of purchase and will vary depending on the nature of the product or service. All sales may be final unless otherwise stated.
- Cancellations: You may cancel a subscription at any time, but typically no refunds are offered for the unused portion of a subscription period.
13. Termination
We may terminate or suspend your access to all or part of the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Reasons for termination may include, but are not limited to, your violation of any provisions of these Terms, particularly sections regarding Prohibited Use, Intellectual Property Infringement, or Disclaimer of Professional Advice. We are not required to provide a reason for termination.
Upon termination of your access, your right to use the Website will immediately cease. If you wish to terminate your account (if applicable), you may do so by following the instructions on the Website or by contacting us at [email protected].
The following provisions of these Terms shall survive termination: Sections 5 (Intellectual Property Rights), 6 (Disclaimer of Professional Advice), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 14 (Governing Law), 15 (Dispute Resolution), and any other provisions that by their nature should survive termination. Termination does not relieve you of any obligations incurred prior to termination.
14. Governing Law
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be exclusively brought in the federal or state courts located in the State of Delaware, United States. By using the Website, you hereby consent to the personal jurisdiction and venue of such courts. This choice of law and forum provision does not affect your rights under the laws of your country of residence if such laws mandate a different forum or choice of law that cannot be overridden by agreement.
15. Dispute Resolution
Recognizing the costs and delays associated with court litigation, you and luxury.tipskuliah.com agree to the following dispute resolution procedure:
15.1 Informal Resolution
Before initiating any formal legal proceedings, we strongly encourage you to contact us directly at [email protected] to seek a mutually agreeable resolution. Most concerns can be resolved quickly and to your satisfaction. Both parties agree to negotiate in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website (“Dispute”). The party raising the Dispute must give the other party written notice thereof, including a brief description and the proposed resolution. If we are unable to resolve the Dispute through informal negotiations within sixty (60) days from the date of the formal written notice, either party may then proceed to file a claim in arbitration as detailed below.
15.2 Mandatory Arbitration
Any Dispute that cannot be resolved through informal negotiations shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (or Consumer Arbitration Rules if applicable to you) and the Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by these Terms. The arbitration will be conducted by a single, neutral arbitrator.
- Location of Arbitration: The arbitration shall be conducted in the State of Delaware, United States, or in another mutually agreed-upon location.
- Language of Arbitration: The arbitration shall be conducted in English.
- Arbitration Fees: Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with the AAA Rules.
- Confidentiality: The arbitration proceedings, including any settlements, will be confidential, except as may be required by law.
- Arbitrator’s Authority: The arbitrator will have exclusive authority to determine whether a Dispute is arbitrable. The arbitrator will have the authority to grant any remedy that would be available in court, but may not consolidate claims or fashion a proceeding that is not a party-specific proceeding. The arbitrator will have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
- Award: The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
15.3 Class Action Waiver
YOU AND LUXURY.TIPSKULIAH.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. Unless both you and luxury.tipskuliah.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.4 Exceptions to Arbitration
Notwithstanding the provisions of Section 15.2, you and luxury.tipskuliah.com agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
16. Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or arbitrator, then that provision will be severed from these Terms and will not affect the validity and enforceability of any remaining provisions. This means that if one part of this legal agreement is found to be invalid or unenforceable, the rest of the agreement will still stand and be fully binding on both parties. The unenforceability of any provision shall not affect the enforceability of any other provision.
17. Waiver
No waiver by luxury.tipskuliah.com of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of luxury.tipskuliah.com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver of any breach or default under these Terms for a specific instance will not be deemed a waiver of any subsequent breach or default or a waiver of the provision itself. All waivers must be in writing and signed by an authorized representative of luxury.tipskuliah.com to be effective.
18. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any other legal notices or additional terms posted by us on the Website, constitute the sole and entire agreement between you and luxury.tipskuliah.com regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. This means that this document, along with the clearly referenced Privacy Policy, is the complete and final agreement between us regarding your use of the Website, replacing any previous discussions or agreements.
19. Force Majeure
We will not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay is caused by an event beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials, or acts of hackers or other third-party criminals. In such an event, our obligations under these Terms will be suspended for the duration of the Force Majeure event, and we will make reasonable efforts to mitigate the effects of the Force Majeure event.
20. Headings for Convenience
The headings and titles of these sections are for convenience only and have no legal or contractual effect. They are intended solely to aid in the organization and readability of these Terms and do not affect the interpretation or construction of any provision contained herein.
21. Digital Accessibility Statement
luxury.tipskuliah.com is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our website and, in doing so, adhere to many of the available standards and guidelines. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 AA level, developing our site with considerations for various assistive technologies. While luxury.tipskuliah.com endeavors to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website simultaneously. We are continually seeking out solutions that will bring all areas of the site up to the same level of overall web accessibility. If you experience any difficulty in accessing any part of this website, please don’t hesitate to contact us.
22. Contact Information
Should you have any questions, concerns, complaints, or comments regarding these Terms and Conditions, or any other aspect of luxury.tipskuliah.com, please do not hesitate to contact us. We value your feedback and are committed to addressing your inquiries promptly and professionally.
You can reach us via email at:
Email: [email protected]
Please allow a reasonable time for us to respond to your inquiries. When contacting us, please provide as much detail as possible regarding your question or concern to help us assist you more efficiently. Your cooperation will help us improve our services and ensure a better experience for all users of luxury.tipskuliah.com.