ELUXIT TERMS OF SERVICE
VR Travel Traders, Inc., d/b/a Eluxit, and its affiliates (hereinafter “Eluxit,” “we,” “our,” or the “Site Operator”) welcome you (hereinafter the “User,” “you,” or “your”) to our online marketplace where Users can buy and sell unused and non-refundable accommodation reservations, allowing the sellers to avoid burdensome and exaggerated cancellation fees and allowing the buyers to enjoy incredibly low prices for exclusive accommodation and travel offers (the “Service”), all as can be found on our website at www.eluxit.com (the “Site”).
1. Acceptance of the Terms
2. Service and Fees
2.1. The Service allows sellers (“Sellers”) in possession of accommodations, dining or amenities (i.e., concierge services, spa treatments), airline or other travel accommodations, tour packages, event tickets, ground or water transportation, vehicle rentals, cruise vacations, or other packages that are combinations of any/all of the foregoing that are subject to cancellation fees or are otherwise non-refundable (“Reservations”) to avoid paying unnecessary cancellation fees by selling said reservations to buyers (“Buyers”) who wish to book those accommodations or reservations. Booking reservation on the Service is conducted in a secure and reliable environment hosted on our Site and supported by our proprietary technology insuring payments are secure and accurate and that Reservations are valid and transferred to the Buyers correctly. A Seller may be the hotel for which you have booked the reservation, or an entity selling reservations on behalf of a hotel or its resellers, or a User offering to sell an existing reservation. In addition, Buyers and Sellers may also post reviews and comments (“Reviews”) related to Reservations and other travel matters in general on the Service.
2.2. Eluxit makes no warranties as to the quality of service provided by any establishments visited or accommodations provided as result of Reservations that were sold on the Site, nor is Eluxit responsible or liable for any damages or costs incurred to a User as a result, or in connection with, a Reservation purchased through the Service, other than expenses arising from the Buyer’s inability to use a Reservation. (Please note: all prices may be displayed in various currencies, but the charge and invoice will be in US Dollars only.)
2.3. User acknowledges that Eluxit pre-negotiates certain rates with third-party providers to facilitate the booking of reservations. User also acknowledges that Eluxit provides Users with services to facilitate such booking of reservations for a consideration. The rate displayed on the Site is a combination of the rate negotiated by Eluxit on behalf of Users of the Site, and the fee retained by Eluxit for their services.
3. Sell Reservations
3.1. In order to sell a Reservation, fill out the online form available on the Site at: https://www.eluxit.com/sell with Your Reservation details, your selling price for such Reservation and the name of the guest who will be using the Reservation (the “Guest”). Once Eluxit validates the Reservation with the respective accommodations-provider, Eluxit will post your Reservation on the Site for sale. Once a Buyer opts to purchase your Reservation and pays for the Reservation, Eluxit will transfer the Reservation to the Guest’s name and send the Buyer a confirmation of such transfer by email. You hereby authorize Eluxit to contact the applicable accommodations provider on your behalf to change the Reservation so that it is held in the name of the Buyer or the new Guest.
3.2. In consideration for providing the Service, Eluxit may collect service fees from Sellers (“Service Fees”). Service Fees are based upon a percentage of the amount the Seller is to receive for the sale of the Reservation to the Buyer on the Service. Where applicable, taxes or other money transfer fees may also be deducted from the final sum paid to the Seller.
3.3. Payment owed to Sellers for Reservations sold through the Service will be held in trust by Eluxit until 10 days after the Buyer checks out of the hotel to ensure that Reservations are not sold to more than one person. When Sellers become eligible for payment, they will receive payment through wire transfer.
4. Buyer Reservations and Protection
4.1. Buyers may purchase Reservations on the Service using a valid credit card. Eluxit will charge the amount to the Buyer’s credit card immediately. Once a Buyer pays for the Reservation, Eluxit will transfer the Reservation to the new Guest’s name and send Buyer confirmation of such transfer via email. By using the Service, the Buyer or Guest is providing consent for Eluxit to share the Buyer’s or Guest’s personal information with the providers of Reservations or hotels for the purpose of changing the Reservation so that it is held in the name of the Guest.
4.2. In addition, Eluxit will hold the sums paid by the Buyer in escrow until 10 days after the Buyer checks out of the hotel in order to ensure that Reservations are not sold to additional persons after the initial sale.
4.3. Any special requests or changes to the Reservation sought by a Buyer may require additional payment and are subject to the terms herein. In the event that Eluxit is unable to fulfill the Buyer’s request, Buyer will be refunded the full amount of that additional payment. Special requests and changes to the Reservation as booked by a Seller are subject to availability and Eluxit is not obligated to fulfill any such requests.
Buyers are responsible for reading the complete listing before making a commitment to buy Reservations. When placing an order, Buyers are entering into a binding contract with the Seller to purchase those Reservations. All sales are final. Buyers will not receive a refund for completed purchases. Buyers cannot change or cancel any orders after a sale is complete.
6. Registration and User Profile
6.1. Sellers seeking to use the Service must register on the Site and create a personal profile (“Profile”) which will contain basic personal details. Buyers may buy Reservations anonymously (without becoming a registered User), however it is recommended that Buyers register with the Service in order to facilitate future purchases. Users may register by completing the online form at https://www.eluxit.com/users/sign_up, or through linking a User’s Facebook account. By registering through Facebook, Users permit Eluxit to obtain certain personal information about the User from Facebook.
6.3. If you wish to either change your username or password to log into your Profile, or cancel and remove your Profile from the Site, you may do so by using this option on the Site or contact Eluxit at: https://www.eluxit.com/support/contact with such specific request. Your Profile will be terminated within a reasonable time following your request and, from the date of your Profile’s termination, you will no longer be able to access your Profile.
6.4. Eluxit charges a service fee based upon a percentage of applicable reservation fees (“Service Fees”). Service Fees charged by Eluxit will be equal to fifteen percent (15%) of the fee for a Reservation. Eluxit reserves the right to require payment of fees for certain additional features of the Service. Should Users elect to subscribe to or utilize such features, Users will pay all applicable fees in connection with the features as described on the Site. Eluxit reserves the right to adjust prices and institute new charges at any time, upon two (2) days prior notice to Users. Notices may be sent by email or posted on the Site. Your use of the Service following such notice constitutes your acceptance of any new or increased charges.
7. Permitted Uses
Eluxit authorizes Users to use the Service and print out information related to use of the Service, including Reservation information (the “Content”). Any copies of Content made by Users are subject to the following restrictions:
(i) Users may not remove from the Content any copyright, trademark or other proprietary notices contained therein (such as ©, ™, or ®).
(ii) Users may not modify, reproduce, display, perform, distribute, prepare works derivative therefrom, or otherwise use the Content for any purpose not expressly permitted by these Terms.
8. Use Restrictions
8.1. Certain conduct is strictly prohibited while using the Service or Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to the Service and/or Site (at Eluxit’s sole discretion) and may also expose you to civil or criminal liability.
8.2. Users are prohibited from engaging in, or authorizing another to engage in, the following activities:
(i) Copying, modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Content, or in any way publicly displaying, performing, or distributing the Content other than as expressly permitted by these Terms;
(ii) Making any use of the Content on any other website or networked computer environment for any purpose other than as expressly permitted by these Terms, or replicating or copying the Content without Eluxit’s prior written consent;
(iii) Using the Site and/or Service in any way that may be considered fraudulent or in bad faith or that is inconsistent with other agreements to which Users are bound, including, without limitation, (a) posting a Reservation on the Site to which a User does not own the rights or that a User has sold to another third party, or that a User intends to sell to a third party following the sale of the Reservation on the Site; or (b) buying Reservations on other websites for the sole purpose of reselling such Reservations on the Site;
(iv) Creating a browser or border environment around the Content (no frames or inline linking);
(v) Interfering with or violating any other User’s right to privacy or other rights, or harvesting or collecting personally-identifiable information about Users of the Service or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(vi) Defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights of others;
(vii) Transmitting or otherwise making available any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(viii) Interfering with or disrupting the operation of the Service or Site, or the servers or networks that host or otherwise control the availability of the Service or Site, or disobeying any requirements, procedures, policies, or regulations of such servers or networks;
(ix) Selling, licensing, or exploiting, for any commercial purposes, any use of or access to the Service, Site, or Content;
(x) Framing or mirroring any part of the Site without Eluxit’s prior written authorization;
(xi) Creating a database by systematically downloading and storing all or any of the Content from the Site;
(xii) Forwarding any data generated by or through the Service or Site without the prior written consent of Eluxit;
(xiii) Transfering or assigning your Profile or its password, even temporarily, to a third-party;
(xiv) Using the Service or Site for any illegal, immoral, or unauthorized purpose;
(xv) Using the Service, Site, or Content for non-personal or commercial purposes without Eluxit’s prior written consent; or
(xvi) Infringing or violating any of the Terms.
11. Intellectual Property Rights
11.1 The Service, the Site, the Content, and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site or Service), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned or licensed to Eluxit, and are subject to copyright and other applicable intellectual property rights under United States laws, foreign laws, and international conventions. Users may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Eluxit’s proprietary rights, including Eluxit’s Intellectual Property, either by a User or by another on a User’s behalf, in any way or by any means, unless expressly permitted by the Terms.
11.2. Users are hereby prohibited from removing or deleting any and all copyright notices, restrictions, and signs indicating proprietary rights of Eluxit or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Content included on the Site or Service. By using the Site or Service, you represent and warrant that you will abide by all applicable laws in connection therewith.
12. Trademarks and Trade Names
“Eluxit” and Eluxit’s trademarks, logo, and all other proprietary identifiers used by Eluxit in connection with the Site, Service, or Content (“Eluxit Trademarks”) are all trademarks and/or trade names of Eluxit, whether or not registered. All other trademarks, service marks, trade names, and logos that may appear on the Site, Service, or Content belong to their respective owners, including, without limitation, any other hotels’ trademarks and trade names (“Third-Party Marks”). No right, license, or interest to the Eluxit Trademarks or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect to the Eluxit Trademarks or the Third-Party Marks and therefore you will avoid using any of those marks except as expressly permitted herein.
13. Links to Third Party Websites
14. User Generated Content; Seller Content
14.1. Eluxit allows you to upload, post, publish and make available your own copyrightable materials such as literary works, text, images, photos, videos, or any other proprietary materials such as any materials describing the Reservation you wish to sell on the Site including, without limitation, a personal story or details about the Reservation or details concerning why you cannot use the Reservation (the “Seller Content” and, together with all the other content generated by you, collectively the “User-Generated Content”).
14.2. By using the Site or Service, you agree to receive an email from Eluxit, which we may send to you promptly after you post your Reservation on the Site, inviting you to share your Seller Content. The completed Seller Content may be (i) uploaded onto the relevant accommodation’s information page on the Site for the sole purpose of featuring your personal Seller Content related to the Reservation, and (ii) used and placed by Eluxit, in whole or in part and at Eluxit’s sole discretion, on the Site or any related social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used, or controlled by Eluxit. If you do not wish to share your Seller Content, you hereby permit Eluxit, at its sole discretion, to use and place generic information that is not user-specific to describe the Reservation or the story related thereto, such as that you purchased a non-refundable room and cannot use it or get your money back.
14.3. As long as your User-Generated Content is subject to the applicable copyright law, such User-Generated Content will remain at all times, and to the extent permitted by law, your sole and exclusive property.
14.4. You understand and agree that you are solely responsible for your User-Generated Content and the consequences of posting or publishing such material on the Site in any way. Eluxit hosts Seller Content, including prices, made available by or obtained from Sellers. Eluxit is in no way responsible for the accuracy, timeliness, or completeness of such Content.
14.5. You represent and warrant that you are the rightful owner of the User-Generated Content that you upload or that you have (and will continue to have) all necessary licenses, rights, consents, and permissions from the rightful owners of such User-Generated Content that may be required to use, and to enable Eluxit to use, the User-Generated Content that you upload, and that such User-Generated Content does not infringe any third-party’s copyright or other rights. Notwithstanding the foregoing terms, you further represent that you have the right to offer your Reservation for sale on the Site or Service and such sale of a Reservation on or through the Site or Service will not conflict, infringe, or otherwise violate any other agreement to which you are bound in connection with your Reservation (e.g. hotel terms, travel agency terms, etc.).
14.6. You agree that you will not post or upload any User-Generated Content containing content that is unlawful for you to possess, post, or upload in the country of which you are resident, or that would be unlawful for Eluxit to use or possess in connection with the Site or Service. Eluxit expressly reserves the right to remove any User-Generated Content, at its sole discretion, without prior notice.
14.7. By uploading, posting, publishing, or making available any User-Generated Content on the Site or use User-Generated Content, you grant Eluxit an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable worldwide license, to use, reproduce, distribute, transmit, make works derivative thereof, display, copy, perform, or otherwise make publicly available that User-Generated Content, along with your name, details, trademarks, service marks, and logos, in connection with the Service or Site, through the Internet, social media platforms, newsletters, or mobile devices, in any media format and through any media channel known today or developed in the future.
14.8. You agree that Eluxit may, at any time and at its sole discretion, remove any User-Generated Content that you have uploaded with or without any reason or notice to you.
14.9. Display on the Site of a Reservation or Seller Content does not in any way imply, suggest, or constitute an endorsement by Eluxit of that Reservation, Seller Content, or Seller, or any sponsorship or approval of Eluxit by such Seller, or any affiliation between such Seller and Eluxit, unless otherwise expressly stated by Eluxit.
Eluxit may integrate commercials, advertisements or sponsored links, within or in conjunction with the Service or Site. By clicking the advertisements, you may be redirected to a website of an advertiser or receive other messages, information, or offers from the advertiser or other third-parties. All information contained in such commercials or advertisements belongs solely to the advertisers and Eluxit makes no warranties or representations as to such advertisements, regardless of the degree of Eluxit’s control of such advertisements. Eluxit, advertisers, or other third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge, and consent that you have not and will not be granted any right, title, or interest to any compensation or revenue share in connection therewith.
The Service or Site’s availability and functionality depend on various factors, such as communication networks. Eluxit does not warrant or guarantee that the Service or Site will operate or be available at all times without disruption or interruption, or that it will be error-free.
17. Changes to the Service or Site
Eluxit reserves the right to—temporarily or permanently—modify, correct, amend, enhance, improve, discontinue, or otherwise alter or adjust the Service or Site (or any element or component thereof) at any time and at Eluxit’s sole discretion, without prior notice. In addition, you hereby acknowledge that the Content provided in connection with the Service or Site may be modified or removed at any time and at Eluxit’s sole discretion, without prior notice. You agree that Eluxit will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service, the Site or the Content, or any element of component thereof.
18. Disclaimer and Warranties
18.1. ELUXIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR OPERATION, INABILITY TO USE OR OPERATE, OR RESULTS FROM USE OR OPERATION OF THE SERVICE OR THE SITE.
18.2. THE SERVICE, THE SITE AND THE CONTENT ARE ALL PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO USERS’ CONDUCT ON THE SITE OR THE STANDARD AND QUALITY OF SERVICE OFFERED BY HOTELS VISITED AS RESULT OF RESERVATIONS THAT WERE SOLD THROUGH THE SITE OR THE SERVICE.
18.3. NOTWITHSTANDING THE ABOVE, ELUXIT MAKES NO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ELUXIT DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY REVIEWS RELATED TO ANY HOTELS. USE OF THE SERVICE, THE SITE AND THE CONTENT ARE ENTIRELY AT YOUR OWN RISK AND ELUXIT WILL HAVE NO LIABILITY RELATING TO SUCH USE.
18.4. ELUXIT DOES NOT WARRANT THAT OPERATION OF THE SERVICE OR SITE ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.
18.5. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, THE SITE AND THE CONTENT ARE ENTIRELY AT YOUR OWN RISK.
19. International Travel
19.1. Users are responsible for ensuring that they meet foreign entry requirements and that their travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Eluxit has no special knowledge regarding foreign entry requirements or travel documents. Eluxit urges customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
19.2. Users must consult the relevant Embassy or Consulate for passport and visa information. Requirements may change, and Users should check for current information before booking and departure. Eluxit accepts no liability in the event that Users are refused entry onto a flight or into any country due to failure to carry correct and adequate travel documentation, as required by any airline, authority, or country, including countries in which a User’s presence is only transitory. This includes all stops made by the aircraft, even if Users do not leave the aircraft or airport.
19.3. Recommended medical and health inoculations for travel may change and Users should consult with a doctor for current recommendations before departing. It is Users’ responsibilities to ensure that they meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to a trip.
19.4. Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
19.5. BY OFFERING RESERVATIONS FOR TRAVEL AND LODGING PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, ELUXIT DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND ELUXIT IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
20. Limitation of Liability
20.1. IN NO EVENT WILL ELUXIT, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM A STAY AT A HOTEL FOR WHICH A RESERVATION WAS PURCHASED THROUGH THE SITE OR SERVICE.
20.2. NOTWITHSTANDING THE ABOVE, ELUXIT AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM, OR IN CONNECTION WITH, YOUR USE OF THE SERVICE OR SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION ARISING UNDER CONTRACT, FROM NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SERVICE OR SITE, OR THE USE OR INABILITY TO USE THE SERVICE OR SITE, OR FAILURE OF THE SERVICE OR SITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF ELUXIT TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF ELUXIT BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ELUXIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.3. Eluxit urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments, as applicable, prior to booking travel or accommodations. Information on conditions in various countries and the level of risk associated with travel to particular destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofc and www.customs.gov. It is your responsibility to contact any hotels, airlines, or other suppliers of travel or accommodations before the date of your booking to determine whether there have been any changes to the booking.
20.4. It is your responsibility to consult your physician for current recommendations on inoculations before you travel, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip or booking.
20.5. Eluxit will not be responsible for, and will make no refund for, events beyond its control, including, without limitation: acts of God, strikes, acts of war, terrorism or civil disturbance, government restrictions, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, disruption, cancellation, adverse weather conditions, fire, or for other acts or omissions of third-parties or other parties not under Eluxit’s control and all similar events outside of Eluxit’s control.
20.6. Eluxit recommends that Users purchase travel insurance. Eluxit does not provide such insurance and is not responsible for procuring the same on the behalf of any User but, if requested, Eluxit personnel may assist Users with cost estimates and additional information regarding travel insurance.
You agree to defend, indemnify and hold Eluxit harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorney’s fees) arising from:
(i) your use of the Service or Site;
(ii) your violation of any term of these Terms;
(iii) any damage—whether direct, indirect, special or consequential—that you may cause to any third-party that relates to your use of the Service or Site (including your violation of any third-party rights or any damages incurred by third-parties arising out of any transaction made in reliance on the Content contained on the Site); and
(iv) any claims for bodily harm, death, or other damages arising out of any transaction made in reliance on the Content contained on the Site.
22. Amendments to the Terms
Eluxit may, from time to time and at its sole discretion, modify these Terms without prior notice. Eluxit will notify Users regarding substantial modifications to these Terms on the Site or Eluxit will send an e-mail to Users regarding such modification to the e-mail address provided by a User during the registration process. Users can review the most current version of these Terms at any time at: https://www.eluxit.com/terms. Your continued use of the Site or Service after ANY such modifications constitutes your acceptance of those modifications.
23. Termination of your Profile and Site’s Operation
23.1. At any time, for any reason, and at its sole discretion, Eluxit may—temporarily or permanently—block, limit, or suspend your access to the Service or Site, or terminate your Profile, in addition to any other remedies that may be available to Eluxit under any applicable law. Eluxit may take such action in the event that Eluxit determines that you have breached any of these Terms in any manner.
23.2. At any time and at its sole discretion, Eluxit may—temporarily or permanently—cease operation of the Service or Site or any element or component thereof, without prior notice. You agree and acknowledge that Eluxit does not assume any responsibility with respect to, or in connection with, the termination of Service or Site operation or any subsequent loss of data.
23.3. The following provisions will survive the termination of a User’s profile or expiration of these Terms:
(i) Intellectual Property;
(ii) Disclaimer and Warranties;
(iii) Limitation of Liability;
24.1. These Terms do not create, and may not be construed to create, any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
24.2. Any claim relating to the Site or Service, or use thereof, will be governed by and interpreted in accordance with the laws of the State of California, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site or Service will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts of the State of California.
24.3. If any provision of these Terms is found to be unlawful, void, or otherwise unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.
24.4. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Eluxit’s prior express written consent.
24.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
24.6. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
24.7. These Terms are the entire terms and conditions of the agreement between you and Eluxit relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Eluxit.
24.8. Notices to Users may be made via email or regular mail. This Site may also provide notices of modification of these Terms or other matters by displaying such notices or by providing links to such notices.
24.9. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.
24.10. Eluxit is not responsible for any inaccuracies in photos that may appear on the Site or in connection with the Service or the Content.
24.11. By using the Site or the Service, you represent that you are not listed on the Specially Designated Nationals and Blocked Persons list or any other government “restricted parties” lists, and that you are not acting on behalf of any listed party.
25. Information Requests; Questions; Notification of Errors
If you have any questions (or comments) concerning the Terms, you are welcome to contact Eluxit at https://www.eluxit.com/support/contact or Main 424-644-6547 Toll Free 844-4ELUXIT. Eluxit will reply within a reasonable timeframe.