User Agreement for LuxeCloud Services LLC
Introduction
This User Agreement (“Agreement”) is entered into by and between LuxeCloud Services LLC, a company based in Louisville, KY (“we,” “us,” or “our”), and you (“User,” “Customer,” or “you”), the individual or entity accessing or using our services. This Agreement outlines the terms and conditions under which you may access and use our website, products, and services provided by LuxeCloud Services LLC (the “Services”).
By using or accessing the Services, you agree to abide by all terms and conditions stated herein. If you do not agree to any part of this Agreement, you must not access or use the Services.
1. Acceptance of Terms
By accessing and using the Services, you agree to be bound by the terms of this Agreement, as well as any future amendments. We reserve the right to modify, amend, or revise this Agreement at any time without prior notice. Any changes to this Agreement will be posted on the LuxeCloud Services LLC website, and your continued use of the Services after the posting of any changes will constitute your acceptance of those changes.
2. Eligibility
You must be at least 18 years old and capable of entering into legally binding contracts to use the Services. By agreeing to this Agreement, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement.
If you are entering into this Agreement on behalf of an organization, you represent and warrant that you are authorized to bind the organization to the terms of this Agreement.
3. Use of Services
You agree to use the Services in compliance with all applicable local, state, and federal laws. You may not use the Services for any illegal or unauthorized purpose. Prohibited activities include but are not limited to:
- Using the Services for spam, malware, phishing, or illegal activities.
- Attempting to gain unauthorized access to our servers or any related system.
- Interfering with the Services, the functionality of the Site, or other users’ access to the Services.
- Uploading or transmitting harmful content, including viruses, malware, or ransomware.
- Violation of any applicable intellectual property laws.
We reserve the right to suspend or terminate your access to the Services if you are found in violation of these terms.
4. Account Registration and Security
In order to access certain features of the Services, you may need to register for an account. You agree to provide accurate and complete information during the registration process and to update such information if it changes.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to immediately notify us of any unauthorized use of your account or security breaches. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.
5. Payment Terms
In consideration of your use of the Services, you agree to pay the applicable fees and charges for the Services as outlined on the Site. Payment is due in advance for all Services and must be made using the payment methods we provide.
We may update our pricing at any time, and you will be notified in advance if any changes are made. You agree to pay all applicable taxes associated with your use of the Services.
If you fail to make timely payments, we reserve the right to suspend or terminate your access to the Services until payment is made.
6. Refund Policy
LuxeCloud Services LLC provides a money-back guarantee for certain Services as specified on the website. To request a refund, you must submit a request within the designated refund period, typically within 30 days of purchase.
Refunds are not provided for domain registration fees or any Services that have been fully rendered or consumed. For any non-refundable charges, you remain responsible for payment.
7. User Content
You retain ownership of any content you upload, store, or process on our servers through the use of the Services (“User Content”). However, by using our Services, you grant LuxeCloud Services LLC a non-exclusive, worldwide, royalty-free license to use, store, and display User Content as necessary to provide the Services.
You are solely responsible for ensuring that your User Content complies with all applicable laws, including copyright, trademark, and privacy laws. You must not upload or share content that infringes upon the intellectual property rights of others or violates applicable laws or regulations.
8. Privacy Policy
LuxeCloud Services LLC respects your privacy. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Services, you consent to the collection and use of your personal information as described in our Privacy Policy.
9. Limitation of Liability
LuxeCloud Services LLC provides the Services “as is” and makes no representations or warranties, express or implied, regarding the reliability, availability, or accuracy of the Services. To the fullest extent permitted by law, LuxeCloud Services LLC will not be liable for any damages resulting from your use of the Services, including direct, indirect, incidental, special, or consequential damages.
This includes, but is not limited to, any loss of data, loss of profits, or interruption of business caused by our failure to provide the Services or any issues with our servers or infrastructure.
10. Indemnification
You agree to indemnify, defend, and hold harmless LuxeCloud Services LLC, its employees, officers, directors, agents, affiliates, and partners from any claims, damages, liabilities, losses, and expenses (including legal fees) arising from:
- Your use or misuse of the Services.
- Your violation of any terms of this Agreement.
- Any claims or actions arising from your User Content.
- Any breach of applicable laws or third-party rights.
11. Third-Party Services
The Services may include links or access to third-party services or websites. LuxeCloud Services LLC is not responsible for the content, services, or practices of any third-party website. We recommend that you review the terms and privacy policies of any third-party websites you visit.
12. Suspension and Termination
We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated the terms of this Agreement or for any other reason at our sole discretion. Upon termination, your right to use the Services will immediately cease, and you must discontinue all use of the Services.
You may terminate this Agreement at any time by discontinuing the use of the Services and closing your account.
13. Force Majeure
LuxeCloud Services LLC shall not be held liable for any failure to perform its obligations under this Agreement if such failure is caused by events beyond our control, including but not limited to natural disasters, power outages, war, terrorism, or technical failures.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Kentucky, United States, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction and venue of the courts located in Louisville, Kentucky.
15. Dispute Resolution
In the event of a dispute, you agree to first attempt to resolve the matter through informal negotiations. If informal negotiations fail, the dispute will be resolved through binding arbitration or mediation in accordance with applicable laws. You agree to bear the costs of arbitration, unless otherwise stated.
16. Severability
If any provision of this Agreement is found to be unlawful, void, or unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision will be modified to reflect the intent of the parties as closely as possible.
17. Entire Agreement
This Agreement, along with our Privacy Policy and any additional policies or terms incorporated by reference, constitutes the entire understanding between you and LuxeCloud Services LLC regarding your use of the Services. Any previous agreements, whether written or oral, are superseded by this Agreement.
18. Contact Information
If you have any questions about this Agreement, or if you need to contact us for any reason, please reach out to us at:
LuxeCloud Services LLC
9900 Corporate Campus Drive Suite 3000
Louisville, KY 40223
Email: contact@luxecloudtech.com
Phone: +1 859-457-8167