Terms & Conditions
Welcome to Luminess Airess®.
PLEASE READ THESE TERMS AND CONDITIONS BEFORE ENROLLING OR OTHERWISE USING THIS WEBSITE. This direct sales website (the "Site") is owned and operated by Luminess Airess, LLC and its affiliates (collectively "Luminess Airess", "us", "we" and "our"). These Terms and Conditions and any amendments or supplements thereto, together with our Consultant Agreement and Policies & Procedures (collectively, the "Agreement") form a legally binding agreement between you ("User") and Luminess Airess. If you do not want to be bound by the following Terms and Conditions ("Terms") or you are not 18 years of age or older, DO NOT ENROLL OR OTHERWISE USE THIS SITE.
Luminess Airess reserves the right to modify the following Terms, in whole or in part, at any time at its sole discretion. Any changes will be effective immediately and you will be notified of such change by any reasonable means, including without limitation posting the revised Terms on the Site. Usage of this Site shall be deemed to be acceptance of any modifications or changes to these Terms.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION CLAUSE INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. IF YOU WANT TO OPT-OUT OF THE ARBITRATION CLAUSE, SEE SECTION 13 BELOW FOR A DESCRIPTION OF THE PROCEDURES YOU MUST FOLLOW TO DO SO.
In consideration of your use of the Site, you agree to the following terms and conditions:
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2.) Use of the Site
Subject to and conditioned upon your compliance with these Terms, Luminess Airess, LLC grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access and use the Site, including any images, text, graphics, sounds, data, links, and other materials incorporated into the Site (other than your Submissions, as defined in Section 5 below), as made available to you by us solely for your own purposes as a Luminess Airess Independent Consultant. The Site, including all materials and intellectual property rights contained therein, remain the property of Luminess Airess and/or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, or publicly display any and all portion(s) of the Site without the written consent of Luminess Airess. While using the Site, you agree not to:
You agree to pay for any and all purchases you make through the Site, including without limitation all taxes and fees. You warrant that any and all information you supply applicable to your purchase will contain complete and accurate information. Notify us immediately if your credit card information changes, especially if you are on a payment program with a future outstanding balance. You agree to cover the cost of any charges resulting from collections, including reasonable attorney fees, in the event of non-payment. Title and risk of loss for any products passes to you upon our delivery to a carrier. Any outstanding balance can be transferred or sold to a third party collection agency.
Luminess Airess is committed to protecting copyrights and expects Users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Site should be sent certified mail, return receipt requested, to:Luminess Airess, LLC ATTN: Copyright Protection 12802 Capricorn St, Suite 100 Stafford, TX 77477
5.) Submissions & Postings
In the event you post or upload to the Site, or otherwise submit to Luminess Airess as part of your use of the Site, any materials including without limitation photographs and other images, text, graphics, sounds, data, links, and other materials (collectively, "Submissions"), you will retain ownership of such Submissions, and you hereby grant us and our designees a worldwide, non-exclusive, sub-licenseable, assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform such Submissions, in connection with the Site. Except for the foregoing license, we do not claim ownership of any copyright in your Submissions. You represent, warrant, and covenant that you own or otherwise possess all necessary rights with respect to your Submissions, and that your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable.
None of the Submissions will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion:
6.) Product Information
All material and information presented by Luminess Airess is intended to be used for personal, educational, or informational purposes only. The statements made about products have not been evaluated by the U.S Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions, and guidelines. Use of the Site is not meant to serve as a substitute for professional medical advice; this Site is solely an online store for specialty beauty products. You should always check the ingredients for products to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any goods, products, or information received from the Site before using or relying on them. Your physician or health care provider should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. Luminess Airess does not give or intend to give any answers to medical-related questions and this Site does not replace any medical professional or medical resource. Luminess Airess does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PRIMARY CARE PHYSICIAN IMMEDIATELY.
7.) Web Addresses (URLs)
As part of the personal webpage program that Luminess Airess offers to its Independent Consultants, we may provide you with access to and use of certain personalized pages on the Site and the corresponding web addresses (URLs) chosen by you. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate, and/or transfer any such web page or URL as described in the Consultant Agreement.
These Terms shall remain effective until terminated, as set forth herein. We may immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause, upon notice to you, which will be provided by any means including without limitation posting on the Site or by electronic mail. Upon termination of these Terms, you will cease all use of the Site. If you are a Luminess Airess Independent Consultant, you may have different or additional rights and obligations with respect to use of the Site as set forth in your Consultant Agreement. Except for the license to access and use the Site granted to you in Section 2, the rights and obligations of the parties as set forth herein will survive termination.
9.) Mobile Services
If you access the Site via your mobile phone (through a mobile phone application, for example), we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
10.) Text Message Alerts Service
By using the Site and providing your mobile phone number, you agree to be opted-in to receive cellular text alerts concerning orders, account updates, important messages, or future offers or deals from Luminess Airess. All text messages are subject to any fees or data charges, as applicable, by your mobile service provider. We shall not assess additional fees. A maximum of 60 messages will be sent each month.
11.) Access By Minors
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
12.) Release and Waiver of Liability and Indemnity Agreement
You agree, as a voluntary User of this Site, including on behalf of your heirs, successors, assigns, and representatives, to hereby RELEASE, WAIVE, AND DISCHARGE LUMINESS AIRESS, LLC, its affiliates, distributors, partners, licensors, advertisers, and sponsors, and its directors, agents, officers, employees, consultants, representatives, successors, and assigns (collectively, "Releasees") FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, JUDGMENTS, AND DEMANDS WHATSOEVER, IN LAW OR IN EQUITY, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION YOUR SUBMISSIONS OR OTHER ACTIVITIES IN CONNECTION WITH THE SITE, OR YOUR USE OF ANY COSMETIC OR SKINCARE PRODUCTS OBTAINED THROUGH THE SITE OR YOUR BREACH OF THESE TERMS AND CONDITIONS RESULTING IN ANY LOSS, DAMAGE, OR INJURY, INCLUDING BUT NOT LIMITED TO MEDICAL COMPLICATIONS, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. You further agree that if, despite the RELEASE AND WAIVER OF LIABILITY, you or anyone on your behalf, makes a claim against any of the Releasees, YOU SHALL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST WHICH MAY BE INCURRED AS A RESULT OF SUCH CLAIM. You further agree to INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST ARISING FROM OR RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION YOUR SUBMISSIONS OR OTHER ACTIVITIES IN CONNECTION WITH THE SITE, OR YOUR USE OF ANY COSMETIC OR SKINCARE PRODUCTS OBTAINED THROUGH THE SITE OR YOUR BREACH OF THESE TERMS AND CONDITIONS RESULTING IN ANY LOSS, DAMAGE, OR INJURY, INCLUDING BUT NOT LIMITED TO MEDICAL COMPLICATIONS, TO THIRD PARTY USERS OF THE SITE OR TO ANY OF THE RELEASEES, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
13.) MANDATORY ARBITRATION CLAUSE
All actions, disputes, claims and controversies of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the "Disputes"), will be subject to and resolved by binding arbitration pursuant to the Rules of the American Arbitration Association (the "AAA Rules"). Luminess Airess will pay all fees for Arbitration unless deemed frivolous or brought for an improper purpose pursuant to the AAA Rules. The AAA Rules are available online at http://www.adr.org. You agree that, by entering into this Agreement, you and Luminess Airess are each waiving the right to a trial by jury or to participate in a class action. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction within the federal judicial district, which includes the residence of the party against whom such award or order was entered.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF ENROLLING TO USE THE SITE OR THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A LUMINESS DIRECT PRODUCT OBTAINED THROUGH THE SITE (WHICHEVER OCCURS FIRST) BY WRITING TO: LUMINESS AIRESS, LLC ATTN: LEGAL DEPARTMENT 12802 CAPRICORN ST., SUITE 100 STAFFORD, TX 77477
FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY LUMINESS DIRECT PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST ENROLLED TO USE THE SITE OR FIRST USED OR ATTEMPTED TO USE LUMINESS AIRESS PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
14.) DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL MATERIALS INCORPORATED THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LUMINESS AIRESS AND ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE AND OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF LUMINESS AIRESS OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS OR AGENTS, WHETHER MADE ON OR THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
15.) LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER LUMINESS AIRESS NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF LUMINESS AIRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
16.) FRAUD SCREENING PROGRAM
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Consultant Support department may contact you at the phone number you provided (or your email address) to verify your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures very seriously in order to protect our Independent Consultants, our mutual customers, and Luminess Airess from fraud or other unauthorized or illegal activity.
17.) POLICY FOR IDEA SUBMISSION
Many of our customers are interested in submitting ideas and suggestions for products and services to be used at Luminess Airess, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving the Site and our products; however, please note that any such ideas or suggestions that you submit will be owned by Luminess Airess, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Luminess Airess. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Submissions, subject to the license granted to Luminess Airess in Section 5 of these Terms. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a message to: salessupport@LuminessAiress.com. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by Luminess Airess in order to evaluate your idea or suggestion.
These Terms are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Harris County, Texas, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between you and Luminess Airess relating to the subject matter herein, except to the extent previously noted, and supersedes any and all prior or contemporaneous written or oral agreements between you and Luminess Airess with respect to such subject matter. These Terms are not assignable, transferable or sub-licenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions, comments, or concerns regarding these Terms,
please contact our Customer Service Department.