Service Terms

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Luxms Service Terms

The Luxms Services
The Luxms Services include all of our branded personal services: Luxms Alerts, Luxms Jobs, Luxms Mail and Luxms IM and all our future branded personal services.

Personal Use Only
The Luxms Services are for your personal, non-commercial use only. You may not use the Luxms Services to sell a product or service or to advertise sales. If you want to make commercial use of the Luxms Services, you must enter into an agreement with Luxms, Inc. to do so in advance. Please contact us for more information.

Changes In Service Terms, Termination and Suspension of Luxms Services
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Service Terms from time to time without notice. Please review these Service Terms from time to time so that you will be apprised of any changes.

Luxms, Inc. may suspend or terminate the Luxms Services at any time with immediate effect where Luxms, Inc. has good reason to believe that Customer has violated any of these Service Terms.

Luxms, Inc. may request that excessive Customers of the Luxms Services to reduce their use of the Luxms Services and Luxms, Inc. may, in its sole discretion suspend your use of the Luxms Services if you do not abide by any such request.

Luxms, Inc. may, in any event, be entitled to suspend its provision of the Luxms Services at any time for either routine maintenance.

Charges, Cancellation and Refunds Policy
The Luxms Services include features without and with charges from Luxms, Inc. The Luxms, Inc. charges are taken in form of Luxms Pay Monthly subscription plans (automatic renewal each month), and Luxms Pay-as-You-Go subscription plans (expires in one year).

All our charges, including the initial and recurring charges for Luxms Pay Monthly subcsription plans and one-time charges for Luxms Pay-asYou-Go plans, are not refundable. For Luxms Pay Monthly subscription plans, Customer should cancel the subscription in at least five (5) days before the next billing date of the subscription plan being canceled. Cancellation can only be done via My Luxms section of our website, www.luxms.com. Any other form of cancellation request is not acceptable. Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection, Customer's ignorance, account termination for violation of policies outlined in this document as a whole.

By subscribing to any Luxms Monthly plan, Customer agrees to authorize the initial charge and all recurring monthly charges, and to be bound to the terms of these Service Terms.

By subscribing to any Luxms Pay-as-You-Go plan, Customer agrees to authorize the appropriate one-time service charge, and to be bound to the terms of these Service Terms.

Third party charges: additionally, your wireless carrier may charge you for usage. The customer is liable for any wireless carrier charges incurred (usage, subscription, etc) as a result of using any of the Luxms Services. Please consult your wireless carrier's pricing plan to determine the charges for sending and receiving text messages and data.

Disclaimer of Warranties
Luxms, Inc. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Luxms Services results. Luxms, Inc. disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Luxms, Inc. disclaims any responsibility for any harm resulting from information or material through the Luxms Services.

THE LUXMS SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE LUXMS SERVICES ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. LUXMS, INC. EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LUXMS, INC. DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE LUXMS SERVICES. LUXMS, INC. DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE LUXMS SERVICES. LUXMS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LUXMS SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE LUXMS SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY INFORMATION PROVIDED BY THE LUXMS SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE LUXMS SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR WIRELESS HANDSET OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LUXMS, INC. BE LIABLE TO ANY CUSTOMER ON ACCOUNT OF THAT CUSTOMER'S USE OR MISUSE OF OR RELIANCE ON THE LUXMS SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LUXMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE LUXMS SERVICES, FROM INABILITY TO USE THE LUXMS SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE LUXMS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LUXMS SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE LUXMS SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE LUXMS SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE LUXMS SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE LUXMS SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE LUXMS SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Luxms, Inc. be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control.

Miscellaneous
These Service Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Service Terms to be unenforceable, the remainder of the Service Terms will continue in full force and effect. These Service Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Service Terms will be effective only if in writing and signed by Luxms, Inc.

Effective date
March 1st, 2006.