Welcome to LuxScapePro

These Terms of Service ("Terms") govern your access to and use of the LuxScapePro website located at luxscapepro.com (the "Site"), including any content, functionality, and services offered on or through the Site. Please read these Terms carefully before you start using the Site.

1

Agreement to Terms

By accessing or using the Site, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

The materials contained in this website are protected by applicable copyright and trademark law. These Terms of Service apply to all visitors, users, and others who access or use the Site.

"Company," "we," "us," or "our"

Refers to LuxScapePro, the owner and operator of this website.

"User," "you," or "your"

Refers to any individual or entity that accesses or uses the Site.

"Site" or "Website"

Refers to luxscapepro.com and all associated pages, content, and services.

"Content"

Refers to all text, images, videos, graphics, and other materials published on the Site.

Minimum Age Requirement

You must be at least 13 years of age to use this Site. By using this Site, you represent and warrant that you are at least 13 years old. If you are under 18, you must have permission from a parent or guardian.

2

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.

Our Content

The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Permitted Use

You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.

  • Personal Use: You may view, read, and print content for personal, non-commercial purposes
  • Sharing: You may share links to our content on social media with proper attribution
  • Quotes: Brief quotations are permitted with proper attribution and link back to the original source

Prohibited Use

  • Reproducing, distributing, or selling our content without written permission
  • Using content for commercial purposes without a license
  • Removing any copyright or proprietary notices from our materials
  • Creating derivative works based on our content without permission
  • Using automated tools to scrape or download content from the Site

Copyright Infringement

If you believe that any content on our Site infringes your copyright, please contact us with details of the alleged infringement. We take copyright violations seriously and will respond to valid notices in accordance with the DMCA.

3

User Accounts

When you create an account with us (such as subscribing to our newsletter or creating a profile to comment), you must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.

  • Account Security: You are responsible for safeguarding your account credentials and for all activities that occur under your account
  • Valid Email: You must provide a valid email address that you have access to
  • Accurate Information: All registration information must be accurate and truthful
  • Notifications: By creating an account, you agree to receive communications related to your account and our services

Password Security

Never share your account credentials with anyone. If you suspect unauthorized access to your account, please contact us immediately. We will never ask for your password via email or any other communication.

4

User-Generated Content

Our Site may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, or other material ("User Content"). This includes comments on articles, forum posts, and any other content you submit to the Site.

Content Ownership

You retain ownership of any intellectual property rights that you hold in the User Content you submit. However, by posting User Content to the Site, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute such content in connection with the Site.

Content Standards

All User Content must comply with the following standards:

  1. Be accurate and truthful (where stating facts)
  2. Be genuinely held (where stating opinions)
  3. Comply with applicable laws in the United States and in any country from which it is posted
  4. Not infringe any copyright, trademark, or other intellectual property rights
  5. Not be defamatory, obscene, offensive, hateful, or inflammatory
  6. Not promote violence, discrimination, or illegal activities
  7. Not contain spam, advertising, or promotional content without permission
  8. Not impersonate any person or misrepresent your identity

Content Removal

We reserve the right to remove or modify any User Content that violates these Terms or that we determine, in our sole discretion, is objectionable, harmful, or otherwise inappropriate. We may also terminate or suspend your access to the Site for repeated violations.

5

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree NOT to:

  • Use any automated system, including bots, spiders, or scrapers, to access the Site or extract content
  • Introduce any viruses, trojan horses, worms, or other malicious code to the Site
  • Attempt to gain unauthorized access to any portion of the Site, other accounts, or computer systems
  • Interfere with the proper working of the Site or place an unreasonable load on our infrastructure
  • Use the Site to advertise or sell goods and services without our prior written consent
  • Impersonate another user or person, or use a false identity
  • Send unsolicited communications, spam, or promotional material to other users
  • Engage in any activity that violates any applicable law or regulation
  • Attempt to bypass any security measures or access controls on the Site
  • Copy, reproduce, or distribute any content from the Site without permission

Consequences of Violation

Violation of any of these prohibitions may result in immediate termination of your access to the Site, and we reserve the right to pursue any legal remedies available to us. We may also report any suspected illegal activity to law enforcement authorities.

7

Disclaimers

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Informational Purposes Only

The content on this Site is provided for general informational and educational purposes only. While we strive to provide accurate and up-to-date information about interior design, gardening, and home improvement, we make no representations or warranties about the completeness, reliability, or accuracy of this information.

Not Professional Advice

Our content should not be construed as professional advice. Before making any decisions based on information found on this Site, we recommend:

  • Consulting with a licensed contractor for major home improvement projects
  • Speaking with a local horticulturist or extension office for gardening advice specific to your region
  • Hiring a professional interior designer for major design projects
  • Consulting licensed electricians and plumbers for electrical and plumbing work

No Warranties

We disclaim all warranties, express or implied, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties that the Site will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy or reliability of any content
  • Warranties that any defects will be corrected
8

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXSCAPEPRO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE.

Scope of Limitation

This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages. This includes, but is not limited to:

  • Loss of profits, revenue, data, or use
  • Property damage or personal injury
  • Damages arising from any decision made based on our content
  • Damages resulting from errors, omissions, or inaccuracies in content
  • Damages from unauthorized access to your transmissions or data
  • Damages from third-party content or conduct on the Site

Maximum Liability

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you have paid us in the last twelve (12) months, or one hundred dollars ($100), whichever is greater. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

9

Indemnification

You agree to defend, indemnify, and hold harmless LuxScapePro and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from or resulting from:

  1. Your use of the Site or any content, products, or services obtained through the Site
  2. Your violation of these Terms of Service
  3. Your violation of any third-party rights, including intellectual property rights
  4. Any User Content you post or submit to the Site
  5. Any activity related to your account, including negligent or wrongful conduct
  6. Your violation of any applicable laws or regulations

Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You shall not settle any claim without our prior written consent.

10

Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.

Grounds for Termination

We may terminate or suspend your access for reasons including, but not limited to:

  • Violation of any provision of these Terms
  • Engaging in prohibited activities
  • Posting content that violates our content standards
  • Conduct that we determine is harmful to other users or the Site
  • Request by law enforcement or government agencies
  • Discontinuation or modification of the Site or any service

Effect of Termination

Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11

Governing Law & Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the United States and the State of New York, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of the Site shall be resolved through the following process:

  1. Informal Resolution: Before filing any legal claim, you agree to first contact us and attempt to resolve the dispute informally
  2. Mediation: If informal resolution is unsuccessful, parties may agree to mediation
  3. Arbitration: Any dispute not resolved through mediation may be submitted to binding arbitration in New York, NY
  4. Class Action Waiver: You agree to resolve disputes only on an individual basis and not as part of any class action

Jurisdiction

You agree that any legal action or proceeding between you and LuxScapePro shall be brought exclusively in the federal or state courts located in New York County, New York. You consent to the jurisdiction of such courts and waive any objection to venue.

12

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last Updated" date.

Notification of Changes

For significant changes, we may also notify you through:

  • Email notification (if you have subscribed to our newsletter)
  • Prominent notice on the Site's homepage
  • Pop-up notification when you visit the Site

Your Acceptance

By continuing to access or use our Site 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 Site.

Review Regularly

We encourage you to review these Terms periodically to stay informed about any updates. Your continued use of the Site following the posting of changes constitutes your acceptance of those changes.

13

Contact Us

If you have any questions about these Terms of Service, please contact us. We are committed to addressing your concerns and providing clarification on any aspect of these terms.

Get in Touch

Our team is here to help with any questions or concerns about these Terms of Service. We typically respond within 24-48 business hours during regular business days.

legal@luxscapepro.com Contact Form
New York, NY, USA

Acknowledgment of Terms

By using LuxScapePro, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please discontinue use of the Site.

Terms Effective: January 20, 2024