WE TAKE EVERY EFFORT TO ACCURATELY REPRESENT THIS PRODUCT. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS ON THIS WEBSITE OR THROUGH OUR SERVICES AND PRODUCTS. NOTHING ON THIS WEBSITE IN OUR SERVICES OR PRODUTS IS INTENDENDED TO OR SHOULD BE INTERPRETED AS A PROMISE OR GUARANTEE OF POTENTIAL EARNINGS. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR EFFORT AND USE OF OUR PRODUCT, IDEAS AND TECHNIQUES. THIS IS NOT A “GET RICH SCHEME” IT REQUIRES TIME, EFFORT AND PERSEVERENCE ON YOUR PART.
YOU MAY VERIFY ANY REFERENCE TO ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS UPON REQUEST BY CONTACTING US AT SUPPORT@CAREERDIGITIZED.COM. YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE YOUR SUCCESS OR ANY INCOME LEVEL AS A RESULT OF USING OUR PRODUCTS AND SERVICES BECAUSE YOUR SUCCESS DEPENDS PRIMARILY ON THE TIME AND EFFORT YOU DEVOTE TO THE PROGRAM AND TECHNIQUES PRESENTED AND YOUR FINANCIAL INVESTMENT IN IMPLEMENTING THE PROGRAM AND TECHNIQUES.
OUR WEBSITE, PRODUCTS AND SERVICES MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS ON THIS WEBSITE, OR IN ANY OF OUR SALES MATERIALS, PRODUCTS OR SERVICES ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR OTHERS. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR SERVICES, PRODUCTS, IDEAS AND TECHNIQUES.
OUR TERMS OF SERVICE
We reserve the right, in our sole discretion, to change these Terms of Service or implement new conditions for use of this website and our Services from time to time. The most current version of the Terms as posted on this page will supersede all previous versions. We encourage you to periodically review these Terms to understand any changes or new conditions. You acknowledge that by continuing to use our websites or Services after we post any such changes, you knowingly agree to the Terms of Service, as modified. We reserve the right, in our sole discretion, to terminate your access to our websites and Services or any portion thereof, at any time, without notice.
Your promises to us. By using our website and Services you represent and warrant that:
A. All registration information you submit is truthful and accurate;
B. You will maintain the accuracy of such information;
C. You will keep your password confidential and will be responsible for all use of your password and account, and will not allow others to use your password or account to access the Services;
D. You are not a minor in the jurisdiction in which you reside or if a minor, you have received parental permission to use this Website; and
E. Your use of our website and Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by our website’s registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, you acknowledge that Luxian Digital LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
Intellectual Property Rights. All material contained on our website or provided through our Services, including but not limited to the text, graphics, logos, icons, images, audio and video clips, articles, posts and data, is owned by Luxian Digital, LLC, our affiliates or licensors and protected by copyright, trademark, trade secret, trade dress and other intellectual property laws. You may not use the information or material contained on this website or our Services in a manner that constitutes an infringement of our rights or without our authorization. You agree to use this website and our Services solely for your personal non-commercial use. You specifically acknowledge and agree that you may not modify, copy, reproduce, republish, create derivative works, upload, post, transmit, sell, exploit, translate, or otherwise distribute in any manner through any medium any material from this website or provided through our Services. No portion of the materials or content on our webpages or provided through our Services may be reprinted or republished in any form without our express written permission. Without limiting the generality of the foregoing, we provide a limited license to you to download or print one copy of individual webpages or documents on our website or provided through our Services for your personal, non-commercial use, provided any documents retain all original copyright and other notices or attributions.
You acknowledge, agree and promise that you will not: (1) use a robot, spider, AI, or data mining or extraction tool, program or process to monitor, extract or copy any our website content; (2) use any meta tags, search terms, key terms, links, code or related SEO or marketing tool that contain any names or trademarks used in our Website, Services, or business; (3) engage in any activity that interferes with our websites or Services, or any other user’s ability to use our websites or Services; (4) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide our Services; (5) assist or encourage any third party to engage in any activity prohibited by these Terms of Service.
Your License to Us. By posting or submitting any material including, without limitation, comments, blog entries, postings, photos and videos to us via our websites, blogs, internet groups, social media or other public platforms, or to any of our staff via email, text or otherwise, you represent that: (i) you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) you are thirteen years of age or older. In addition, when you submit, email, text , deliver or post any material, you are granting us, and anyone we authorize, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, distribute, modify, exploit, transmit, sell, create derivative works, or publicly perform or display such material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose. The foregoing grant includes all rights to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, our assigns, and anyone authorized by us the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire under Section 101 of the United States Copyright Law, as amended. The copyrights in those works shall belong to Luxian Digital, LLC from the time of their creation. We shall be deemed the author and exclusive owner thereof and shall have the worldwide rights to exploit any or all of the results and proceeds in any and all media, now known or developed in the future, in perpetuity, in all languages, as we determine in our sole discretion. In the event that any of your submissions are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you separately agree, without additional compensation, to irrevocably assign, convey and transfer to us all right, title and interest in and to all proprietary rights, including without limitation, all copyrights and trademarks, in perpetuity in every medium, whether now known or developed in the future, in perpetuity. In the event any posted material is a reproduction of your prior work, you agree that upon posting it shall be co-owned by us with the same rights described in this paragraph.
You acknowledge that we have the right, but not the obligation, to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any portion or all of the materials, at any time for any reason.
DMCA Notice. We respect intellectual property rights. For claims of copyright infringement, or you believe your rights are otherwise infringed or violated by anything our website, please notify us by sending an email at the following address: firstname.lastname@example.org with “DCMA” in the subject line, or by mail or courier to us at Luxian Digital, LLC., Attention DMCA Notice, 539 W. Commerce St #3423, Dallas TX 75208.
You written notification should include all of the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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 us to locate the material.
4. Reasonably sufficient information to permit us to contact the complaining party, such as name, address, phone number and e-mail address.
5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will terminate the accounts of users who are repeat copyright infringers.
Errors and Inaccuracies. We strive to provide complete, accurate, up-to-date information on the website; however, human or technological errors may occur. The website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after you submit an order and to change or update information at any time without prior notice.
You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Website.
Third-Party Content and Acceptable Use. Our current and future websites, blogs, third-party platforms or other methods of delivering our Services, may now or in the future contain interactive portions, such as forums, message board, blogs, or other types of interactive features that allow you as a user to post content on, including but not limited to, our website, blog, and third-party platforms. You understand and acknowledge that we have no obligation to actively monitor any interactive portions, including but not limited to posts and messages, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content posted or uploaded by a user or written and uploaded by others. You acknowledge that user comments and other content posted or uploaded by a user or others express the views and opinions of the author and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post any third-party content for any reason.
If you believe that any third-party content is inaccurate, objectionable, or violates these Terms or the law, please contact us at email@example.com. Please provide us with detailed information about the nature and location (such as URL) of the alleged objectionable material so that we may easily locate and investigate.
You shall not use the Website for any illegal purposes, and you agree to use it in compliance with all applicable laws and regulations. You shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.
Without limiting the generality of the foregoing, you agree that you will not:
1. Upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, trade dress, copyright or other intellectual property right).
2. Impersonate any person or entity or otherwise misrepresent your identity or affiliation with a person or entity.
3. Repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.
4. Distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.
In the event you choose to communicate or meet with other users of the website or Services, you acknowledge and agree that you do so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the website or Services.
Our website and Services are intended for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any third-party content to our websites or Services.
Luxian Digital, LLC reserves the absolute right to remove any content you post on, or restrict or deny your access to, our website, our social media accounts, forums or third party platforms, or if we determine, in our sole discretion, if your posts, use or other actions violate any of our policies or this Agreement.
Orders, Sales, and Returns. Nothing on our website constitutes a binding offer to sell products as described or make products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. All prices shown on the website or through our Services are in U.S. dollars, and we only accept payment in U.S. dollars. In the event an incorrect price is listed for a product, we reserve the right to refuse or cancel your order for the product regardless of whether the order has been confirmed or your debit or credit card charged. If your debit or credit card is charged for a purchase and your corresponding order is canceled, we will issue a credit to the account charged in compliance with the payment processor and debit or credit card issuer’s policies.
You agree that you are financially responsible and promise to pay for all purchases made by you or anyone acting on your behalf through our website or Services. We accept payment for our Services and products through our third-party payment processors. If you enter incorrect payment, billing or contact information it will delay processing of your order. Your credit card will be billed upon acceptance of your order. You further authorize us, and our payment processors, to charge the debit or credit card provided for any purchases, subscriptions, memberships, renewals, or other charges ordered through our websites or Services.
You agree to use any products or services purchased through our website or Services only for legitimate, non-commercial purposes. You agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or someone who has authorized you to do so. When making a purchase for a third party that requires you to submit the third party's personal information, you represent that you obtained the knowing and express consent and authorization of the third party to provide their personal information.
You agree to pay any applicable sales tax and authorize us to charge the debit or credit card provided automatically for all applicable sales taxes. You acknowledged that you remain responsible as the customer to report any purchases of tangible personal property that have not been taxed by us and pay the applicable sales or use tax on those purchases, unless exempt, under local state law. If your order is shipped outside of the US, once your order arrives at its destination, you will be required to pay all import duties, customs and local sales taxes levied by the country where you requested shipment in order to release your order from customs. International duties and taxes will be marked “Bill to Recipient.” We are not responsible for orders not accepted due to failure to pay duties and taxes. International shipping, duty, and taxes are non-refundable in the event of a return or exchange.
LIMITED 30 DAY REFUND POLICY.
We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the course. We offer a 30-day refund period for course purchases if less than 50% of total course material has been viewed (we use a database provider who provides accurate metrics regarding viewership of total course content). However, in order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you. Please note, if you select the installment payment option, we are not able to stop payments without a refund request being submitted. . If you select the recurring payment option, we are not able to stop payments without a cancellation request being submitted.
In the event that you decide your purchase was not the right decision, within 30 days of enrollment, contact our support team at firstname.lastname@example.org and let us know you’d like a refund by the 30th day. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund. All refund requests require submission of the respective refund request form.
We want you to succeed and believe our Products and Services will help you, but only if you do the work to implement the techniques and methods taught. You acknowledge and agree that your success depends primarily on the time and effort you devote to the program and techniques presented, your financial investment in various ads and suggested paid for marketing services to implement the program and techniques. Therefore, since you acknowledge your success is in your control, you knowingly agree to our limited 30 Day Refund Policy, that in order to be eligible for any refund, you MUST document that you have done ALL the following within 30 days of purchase as an agreed condition precedent and prerequisite to any refund:
1. You agree to view 100% of the videos in full during Week 1 – 3 (labeled week 1-3 inside the course) and takes all the necessary actions as outlined in each video.
2. You agree to setup your own website to run advertising in order to practice the marketing steps of the program.
3. You agree that you must create at least 1 Facebook Ad traffic campaign that is correctly posted on your website with all live events recorded and document real traffic to your website using pixel.
4. You agree to actively participate in the private Digital Agent Facebook group as documented by at least one post, one comment on another members post, one question or one request advice from members per week in the Digital Agent Facebook group.
5. You agree to attend at least two live Q&A Zoom Calls and ask the teachers questions during the call
As mentioned above, all refunds are discretionary. If you just downloaded the training material (pdfs, audios, videos, and/or etc), and then promptly asked for a refund, we reserve the right to deny your refund request.
Downloading of any course content or videos forfeits your right to a refund
The purpose of limited refund policy is to help ensure that you, as a serious customer, follow the recommended steps to obtain the best possible results from the program
We will not tolerate fraud of any kind.
The 30 day action based guarantee does not look at personal issues as a form of consideration. Only the criteria stated above.
The following reasons do not qualify you for a refund and no refund will be processed if:
- You changed your mind
- You haven’t had time to go through the course
- Something came up
- You found the program confusing and not for you
- You don’t have a computer or aren’t tech savvy enough
- Don’t have the time or money to use the program
- Unexpected health or financial issues
- Emergency family or pet situation
- Personal issues
- Need some quick and easy money
- Any other reason that is not related to the action-based criteria above
Information for Educational Purposes Only. Information contained in our website or through our services is general in nature and not intended to address your individual situation and given solely for informational and educational purposes. We do not intend, nor should you rely on it, as specific advice, or recommendations for any investment decisions. The only purpose of information provided in this website or through our Services is for general education.
DISCLAIMERS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE OR PROVIDED THROUGH OUR SERVICES OR THE SUCCESS USERS WILL HAVE AS A RESULT OF THE PRODUCTS SOLD ON OUR WEBSITE OR SERVICES PROVIDED. OUR WEBSITE, SERVICES, AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INFORMATION PROVIDED THROUGH OUR SERVICES OR THE PRODUCTS SOLD, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM ANY COURSE OF DEALING OR USAGE OR TRADE.
WE MAKE NO WARRANTY THAT OUR WEBSITES, BLOGS OR OTHER PLATFORMS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
LIMITATIONS ON LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LUXIAN DIGITAL, LLC, ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ANY MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH OUR WEBSITE, SERVICES OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN ANY EVENT, LUXIAN DIGITAL LLC’S TOTAL MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE PURCHASE PRICE PAID.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF ANY SUBSIDIARY OR PARENT COMPANIES, OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, PRODUCTS, SERVICES, OR MATERIALS.
WE CONTINUALLY UPDATE AND DEVELOP THIS WEBSITE AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
ADDITIONALLY, WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF OUR WEBSITES OR SERVICES WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. THIS INCLUDES BUT IS NOT LIMITED TO ANY INJURY CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY.
INDEMNIFICATION. YOU AGREE TO BE FULLY RESPONSIBLE FOR, AND FULLY INDEMNIFY US AGAINST, ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY THIRD-PARTY CONTENT YOU POST TO OUR WEBSITES OR SERVICES, ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF SERVICE BY YOU OR ANY PERSON ACCESSING OUR WEBSITES OR SERVICES USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT, AND ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF OUR WEBSITES OR SERVICES.
Choice of law, jurisdiction and binding arbitration. By visiting our website or using our Services, you acknowledge and agree that these Terms and all claims arising out of or related to it or our Services, shall be governed solely by the internal laws of the State of Delaware, including without limitation applicable federal law and without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws.
We and You agree that in the event of any dispute, the party wishing to address the dispute must first contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. The parties shall then make a good faith effort to resolve the dispute through negotiation and mediation, before resorting to more formal means of resolution. In the event that the dispute is not resolved through a good faith effort through this informal procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.
The parties agree that should the informal process set forth in the preceding paragraph fail to resolve any dispute between us, then any and all disputes remaining will be resolved by binding arbitration. Each party knowingly and specifically waive any right to go to court to assert or defend our or your respective rights. Except that matters that meet the jurisdictional requirements may be taken to small claims court. Except as set forth in these Terms any dispute arising out of or relating to these Terms, or our Services, including with respect to the interpretation of any provision of these Terms or other agreements between you and us, or concerning either party’s performance or obligations, shall be resolved by mandatory and binding arbitration submitted to the American Arbitration Association pursuant to its Commercial Arbitration Rules, or similar rules in effect at the time, for binding decision by a single arbitrator. The parties agree that the arbitrator shall, after reaching judgment and award, prepare and distribute to the parties a written statement stating the disposition of each claim, as well as a concise statement of the essential findings and conclusions on which the award is based. The award of the arbitrator(s) shall be final and binding on the parties and judgment may be entered in a court of competent jurisdiction. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted in Dallas, Texas, and the parties consent to the personal and exclusive jurisdiction of the arbitrator and venue for arbitration in Dallas, Texas.
Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and the administrative fees of arbitration.
The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
Without limiting the foregoing, the parties also agree that a party may bring suit in a Federal or State court having jurisdiction, located in Dallas, Texas to enjoin infringement or other misuse of intellectual property rights.
Class Action Waiver. You agree that you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You acknowledge and agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at email@example.com. In California, consumers shall not be required to pay the fees and costs of arbitration incurred by us if the consumer does not prevail in the arbitration.
Notice For New Jersey Users. Any disclaimer, limitation of liability, indemnification or damages provisions contained herein shall apply to New Jersey residents or New Jersey transactions only to the extent permitted by New Jersey law or New Jersey public policy.
Consent to Receive Electronic Communications. Visiting careerdigitized.com or sending emails to Luxian Digital LLC constitutes electronic communications. By using our website, Services or contacting us by email, you consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on our website, satisfy any legal requirement that such communications be in writing.
Miscellaneous. To the extent permitted by applicable law, the parties waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. If a provision of these Terms is held invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.
These Terms set forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.
The parties are independent contractors and shall so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.
We may send notices pursuant to these Terms to you via the email address or physical address you provide us, and such notices will be deemed received 24 hours after they are sent. You may send notices pursuant to these Terms to firstname.lastname@example.org or by mail or courier to Luxian Digital, LLC., 539 W. Commerce St #3423, Dallas TX 75208 and such notices will be deemed received 72 hours after they are sent.
No delay, failure, or default, other than a failure to pay monies when due, will constitute a breach of the Terms to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or nature, strikes or other labor disputes, riots or acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.
We will not be deemed to have waived any of our rights under these Terms by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of these Terms will constitute a waiver of any other breach of these Terms.