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Limitation of Liability

Last Updated: May 22, 2025

Welcome to the Limitation of Liability section of LuxeMart's Terms of Service. This clause outlines the extent of LuxeMart's liability regarding the use of our website, products, and services. Please read this section carefully as it may limit the remedies available to you.

Important Note: The following limitations and exclusions are subject to applicable laws and regulations. In some jurisdictions, certain limitations may not be fully enforceable. However, to the fullest extent permitted by law, the following provisions apply.

1. No Warranty

The LuxeMart website, its content, and any products or services offered are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise. LuxeMart explicitly disclaims all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
  • Warranties arising from course of dealing or usage of trade;
  • Accuracy, completeness, or usefulness of information provided on the website.

LuxeMart does not guarantee that the website will be uninterrupted, secure, or free from errors, viruses, or other harmful components.

2. Limitation of Damages

To the maximum extent permitted by applicable law, in no event shall LuxeMart, its affiliates, directors, officers, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

  • Loss of profits, data, use, goodwill, or other intangible losses;
  • Personal injury or property damage;
  • Any other commercial damages or losses.

This limitation applies regardless of the theory of liability (contract, tort, negligence, or otherwise) and even if LuxeMart has been advised of the possibility of such damages.

3. Cap on Liability

Notwithstanding any other provision, LuxeMart's total aggregate liability arising out of or related to the use of the website or purchase of products shall not exceed the greater of:

  • The amount actually paid by you to LuxeMart for the specific product or service giving rise to the claim within the twelve (12) months preceding the claim; or
  • One hundred United States Dollars ($100.00).

4. Third-Party Products and Links

LuxeMart may offer third-party products or provide links to third-party websites. LuxeMart is not responsible for the content, products, services, or practices of any third party. Any dealings with third parties are solely between you and the third party. LuxeMart assumes no liability for any damages or losses arising from your use of third-party products or websites.

5. Indemnification

You agree to indemnify, defend, and hold harmless LuxeMart and its related entities from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your use of the website, violation of these Terms, or infringement of any third-party rights.

6. Errors and Inaccuracies

LuxeMart strives to maintain accurate product descriptions and pricing. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. In the event of an error in pricing or product availability, LuxeMart reserves the right to refuse or cancel any orders placed for products listed at an incorrect price.

7. Governing Law

This Limitation of Liability shall be governed by and construed in accordance with the laws of the jurisdiction in which LuxeMart operates, without regard to its conflict of law principles. Any disputes arising under this provision shall be subject to the exclusive jurisdiction of the courts located within that jurisdiction.

8. Contact Information

If you have any questions or concerns regarding this Limitation of Liability or our Terms of Service, please contact our legal support team:

Email: legal@luxemart.com
Address: LuxeMart Headquarters, 123 Commerce Blvd, Suite 400, Business City, BC 12345
Phone: +1 (800) 555-LUXE (5893)

Questions About This Policy?

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