The Fine Print
Terms Of Service
Purpose of This Agreement
Referred to as the “websites,” Kriya LLC operates or maintains the websites luxeself.com and attracttheone.com. This document describes the Terms and Conditions and Terms of Sale for our websites. Please review it carefully. Your access to and use of our websites are subject to the following Terms without limitation or qualification, as well as all applicable laws. Your access to the websites is in consideration for your agreement to these Terms and Conditions of Use, whether or not you are a registered user. By accessing, browsing, and using the Site, you accept, without limitation or qualification, these Terms and Conditions of Use.
These terms of purchase (the “Terms”) shall govern all accompanying orders by Luxe Self, owned by Kriya LLC for purchase of products or services from SELLER.
TERMS AND CONDITIONS
“Applicable Law” means the laws, governmental regulations, and other rules that bind either of the parties in any jurisdiction.
“Confidential Information” means information that is designated as confidential, should reasonably be understood to be confidential, or is unknown to the general public and gives either one of the parties an advantage in the marketplace.
“Deliverables” means anything Kriya LLC purchases through an Order.
“Dispute” means any claim or controversy, whether in contract or any other source of law, between the parties.
“Infringement Dispute” means any claim that alleges Kriya LLC’s infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property on account of the purchase or use of Deliverables.
“Kriya LLC” means Kriya LLC and its agents, parent entities, subsidiary entities, affiliate entities, employees, officers, directors, and Members.
“Order” means Kriya LLC’s order for a purchase of products, services, or other deliverables from Seller.
“The parties” means Kriya LLC and Seller.
“Seller” means SELLER and its agents, parent entities, subsidiary entities, affiliate entities, employees, officers, directors, and owners.
2.1 EFFECTIVENESS UPON ACCEPTANCE
These Terms shall become effective and binding upon the parties upon the earliest of:
a. Seller’s acceptance of these Terms;
b. Seller’s acknowledgement of this Order;
c. Seller’s beginning of performance or fulfillment of this Order; or
d. Seller’s acceptance of payment for this Order.
2.2 SUPERSEDING EFFECT
Any provisions additional to these Terms or contradictory to these Terms shall only be valid upon written approval by Kriya LLC.
Unless otherwise stated in this Order, prices in this Order are final and shall not be subject to change during fulfillment of the Order. Unless otherwise stated in this Order, prices shall include packing, shipment and delivery as applicable.
3.2 SELLER’S SYSTEMS AND PROCESSES
Seller shall provide and maintain a quality control system acceptable to Kriya LLC. During the performance of this Order, Seller’s quality control system, inspection system, and delivery processes are subject to review, verification, and analysis by Kriya LLC.
3.3 INSPECTION AND TESTING OF DELIVERABLES
Kriya LLC may inspect and test any Deliverables requested or purchased through this Order. Kriya LLC may conduct inspection and tests during production, prior to shipment, and upon delivery – regardless of payment status on this Order. Kriya LLC’s test of any Deliverables shall not constitute acceptance of the Deliverables, or a waiver of Kriya LLC’s ability to deem any Deliverables as non-conforming pursuant to these Terms.
3.4 SHIPMENT OF PRODUCTS
The following terms shall govern shipment of any products pursuant to this Order:
a. All packing and packaging shall comply with good commercial practice and applicable carrier’s tariffs, including whatever is commercially reasonable to prevent damage or deterioration to the products.
b. Unless otherwise specified, title and risk to any products under this Order shall remain with Seller until delivery. If Seller’s terms of sale pass title and risk to the products to Kriya LLC upon shipment, Seller must bear the cost and the risk on the products until they are provided to the carrier that will initiate shipment.
c. If Seller fails to comply with these shipment terms or with any other commercially reasonable shipment practices, Kriya LLC may cancel this Order without penalty, may recover all payments made toward this Order, and may require Seller to recover or otherwise dispose of the products at Seller’s expense.
3.5 NON-CONFORMING DELIVERABLES
Should any of the Deliverables subject to this Order not conform with applicable specifications, material quality, or workmanship standards, or be defective in any other matter, Kriya LLC may, at its sole discretion and without any limitation or waiver of any other remedy at Kriya LLC’s disposal, resort to any of the following options:
a. Reject the Deliverables
b. Hold the Deliverables at Seller’s expense, subject to Seller’s reasonable disposal instructions;
c. Require Seller to repair or replace the Deliverables at Seller’s expense; and
d. Require Seller to refund any payments applied toward the Deliverables.
3.6 LATE DELIVERABLES
Should any portion of the Deliverables be delivered after the time or times specified in this Order, Kriya LLC may, at its sole discretion and without any limitation or waiver of any other remedy at Kriya LLC’s disposal, resort to any of the following options:
a. Cancel this Order, return to Seller (at Seller’s expense and at Seller’s risk) any Deliverables already delivered, and recover any payments provided under this Order;
b. Recover from the Seller any costs incurred on account of the tardiness, including damages resulting as a consequence of the tardiness and costs incurred to procure substitute Deliverables on account of the tardiness.
3.7 NO UNSCHEDULED DELIVERY
Seller shall not, without Kriya LLC’s prior written consent, manufacture or procure materials in advance of Seller’s normal flow time or deliver in advance of schedule. No claim will be allowed for any such manufacture or procurement in advance of such normal flow time unless Kriya LLC’s prior written consent has been obtained. Kriya LLC may return or store at Seller’s expense Deliverables delivered in excess of the number ordered or Deliverables delivered without authorization in advance of the delivery date as specified.
3.8 REQUESTED DELIVERY POSTPONEMENT
At any time after placing this Order, Kriya LLC may request a postponement in the delivery time or times of any Deliverables under the Order. In that case, Kriya LLC’s assumption of title and risk to the Deliverables shall be postponed accordingly, and Kriya LLC shall not be liable to Seller for any additional costs incurred on account of the postponement.
No Deliverables may be subcontracted to a third party by Seller without Kriya LLC’s written approval.
4. LIMITATION OF LIABILITY
Seller shall indemnify and defend Kriya LLC against any claims, proceedings, damage, loss, expenditure, costs and liability which may be made or brought against Kriya LLC or which Kriya LLC may sustain or incur in respect of or in relation to or in connection with the Deliverables.
5. INTANGIBLE PROPERTY
5.1 PROPRIETARY RIGHTS
During fulfillment of the Order, Kriya LLC may provide Seller with details about its products or services that are protected pursuant to copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Kriya LLC shall retain all right, title, and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in those products and services. Unless expressly stated in a separate agreement, Kriya LLC grants Seller no license or other right to any such intellectual property.
Confidential Information may only be disclosed to the parties and their professional advisors on a “need-to-know” basis in connection with these Terms. All recipients of Confidential Information shall use, at a minimum, a commercially reasonable standard of care to prevent disclosure or dissemination of Confidential Information. If one of the parties is compelled by Applicable Law to disclose Confidential Information, it shall give the other party prior notice and opportunity to challenge the disclosure.
5.3 INTELLECTUAL PROPERTY INDEMNIFICATIONS
Seller shall defend and indemnify Kriya LLC against any Infringement Claims.
6.1 THE PARTIES’ RELATIONSHIP
The parties are independent contractors. Neither party will have any rights, power or authority to act or create an obligation on behalf of the other party except as specified in these Terms. Neither party’s employees, agents, nor consultants shall be considered under any circumstances to be employees of the other party.
Neither of the parties may assign their rights, duties or liabilities under these Terms without written approval of the other.
6.3 TIME OF ESSENCE
Time is of the essence in the performance of all obligations under these Terms.
6.4 COMPLIANCE WITH LAWS
In performing obligations under these Terms, each party agrees to comply with Applicable Law. Both parties warrant and represent that they are not affiliated with persons on the Office of Foreign Assets Control’s Specially Designated Nationals or on the Blocked Persons List or the U.S. Department of Commerce Denied Persons List.
6.5 GOVERNING LAW
These Terms and any Dispute that pertain to them shall be governed by the laws of the State of Florida, regardless of conflict of laws. The United Nations Convention for the International Sale of Goods shall not apply.
The parties agree that any Dispute shall be brought exclusively in the state or federal courts located in Wyoming. The parties agree to submit to the personal jurisdiction of such courts. The parties also irrevocably waive their right to a jury trial over any Dispute.
6.7 NO CLASS ACTIONS
Neither party shall be entitled to join or consolidate claims by or against other customers, or pursue any claim as a representative or class action or in a private attorney general capacity.
6.8 DISPUTE RESOLUTION
Seller and Kriya LLC will attempt to resolve any Dispute through negotiation or by utilizing a mediator agreed to by the parties, rather than through litigation. Negotiations and mediations will be treated as confidential. If the parties are unable to reach a resolution within thirty (30) calendar days of notice of the Dispute to the other party, the parties may pursue all other courses of action available at law or in equity.
6.9 ENTIRE AGREEMENT
These Terms represent the entire agreement with respect to their subject matter. They supersede all other agreements, whether prior or contemporaneous, between Kriya LLC and Seller with respect to that same subject matter. Changes to these Terms are only binding if made in a written document signed by both Kriya LLC and Seller.
Should any provision in these Terms be found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
Notice to company under these Terms must be sent via email to support @ luxeself.com (remove spaces).
7. NOTICE OF PRIVACY
8. INFORMATION VOLUNTEERED BY YOU
We may ask you for identifying information to provide services. During your visit to the websites, you may also participate in a voluntary survey or send an e-mail. The information collected is not limited to text characters and may include audio, video, and graphic information. The types of personal information we collect from you and the purpose for which we collect that information is described in our Notice of Privacy. You may access the Notice of Privacy as described above. When contacting us by email, we recommend that you only provide the personal information that you think we need to respond to your concern. If, however, you do not give us enough information, we may not be able to contact you or help you resolve your concern. We may use the information to improve our service to you or to respond to your request. We may forward your e-mail to other state employees who may be better able to help you, and this staff may be employed by a third party. Except for authorized law enforcement investigations or as required by law, we do not share our e-mail with any other organizations.
9. INFORMATION COLLECTED AUTOMATICALLY BY OUR WEBSITES
When you browse through any websites, certain information about your visit can be automatically collected. While you are visiting this websites, at least the following information will be automatically tracked: The Internet Protocol Address and domain name used but not the e-mail address. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you and generate statistics used in the management of this site;
- The type of browser and operating system you used;
- The date and time you visited this site;
- The web pages or services you accessed at this site;
- The websites you visited prior to coming to this websites;
- The websites you visit as you leave this websites;
- Amount of data sent from the web server to websites visitor during that connection;
- Amount of data sent from websites visitor to the web server;
- Uniform Resource Locator (URL) that referred to the requested file;
- The exact request the user made;
- The transport protocol and the version used;
- Version of HTTP used by the visitor’s web browser software; and
- If you downloaded a form, the form that was downloaded.
The information we automatically collect or store is used to improve websites content and to help us understand how people are using our site. This information does not identify you personally and is used for gathering information such as websites statistics, which are used for authorized purposes. For instance, the authorized purposes may include assessing what information is of interest, determining technical design specifications, and identifying system performance or problem areas. This information helps us analyze our websites to continually improve the value of the materials available, including, but not limited to, our marketing materials. Kriya LLC may provide or distribute certain lists and statistical reports of regulatory information as provided by law, but no personal information is sold or distributed, and all relevant legal protections still apply to the websites. If you voluntarily participate in an activity that asks for specific information (i.e., completing a request for assistance, personalizing the content of the websites, sending an e-mail or participating in a survey), more detailed data will be collected.
11. RIGHT TO HAVE YOUR PERSONAL INFORMATION DISCARDED
If you choose, you may have any personal information collected about you discarded without reuse or distribution, provided we are given timely notice. Permission to Distribute or Sell Your Personal Information Kriya LLC will not distribute or sell any electronically collected personal information about you to any third party without your permission.
12. RECORDS REQUEST
You have the right to request a copy of your records. To do so, please contact us at support @ luxeself.com (remove spaces)
13. MODIFICATION OF THIS AGREEMENT
Kriya LLC reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the websites (or any portion thereof) with or without notice. By continuing to use this websites after any amendment, you agree to accept any such change.
14. PERMISSION TO ACT ON YOUR BEHALF
Any instructions, choices, or requests you make on our websites(s) will be considered your written permission to Kriya LLC to provide information or conduct transactions on your behalf.
Certain portions of the websites are limited to registered users or allow a user to request support or services online by entering personal information. Your approval as a registered user is at the sole discretion of Kriya LLC. This account access is granted subject to compliance with law and these Terms and Conditions of Use. By registering, you agree that any information provided to us will be complete and accurate, that you will not register under the name of, nor attempt to enter the websites under the name of, another person, and that you will not adopt a user name that Kriya LLC, in its sole discretion, deems offensive. You agree to inform us of any updates or changes to your registration information. You agree to keep your account information and password confidential. You agree to notify Kriya LLC immediately of any actual or suspected unauthorized use of your account at support @ luxeself.com (remove spaces). You are solely responsible for all activities that occur through your account. Kriya LLC will not be liable for any loss or damage resulting from your failure to safeguard your password and account. As part of creating your account, you may also be required to select questions and secret answers that may be used by Kriya LLC to help verify your identity and assist in resetting your password. Some services may require added security, and in these cases, you may be asked to create an additional security key. Kriya LLC permanently records the IP address of the machine you use for registration and each login thereafter. Finally, a unique ID number will be assigned to your account which will be used to identify your profile and associated information, such as login history and application history.
16. SAFEGUARDING YOUR INFORMATION
Kriya LLC takes reasonable precautions to protect personal information it collects from loss, unauthorized access, illegal use, or unauthorized disclosure. Kriya LLC uses Secure Socket Layer (SSL) encryption software to protect the security of individuals’ personal information during transmission of such information through Kriya LLC websites. Such personal information is stored by Kriya LLC in secure locations. Kriya LLC staff is trained on procedures for the management of personal information, including limitations on the release of information. Access to personal information is limited to those members of Kriya LLC staff and contractors whose work requires such access. Confidential information is destroyed according to Kriya LLC records retention schedule. Kriya LLC conducts periodic reviews to ensure that proper information management policies and procedures are understood and followed. The functionality of this websites permits you to request or provide personal information-for example, medical information, income, etc. You are solely responsible for any loss of privacy or confidentiality of this information if you move this information outside this websites or disclose your password, or any other identifier to any other party. You agree to contact Kriya LLC immediately if you have reason to believe that someone has gained unauthorized access to your password or any other identifier.
17. OUTSIDE WEBSITES
Our websites include links to outside websites that are not operated by Kriya LLC. Kriya LLC provides these links to users for their convenience. Kriya LLC does not control these websites nor do we review or control their content. We make no representations or warranties as to the content of these websites and take no responsibility for such websites. These links are not an endorsement of products, services, or information, and do not imply an association between Kriya LLC and the operators of the linked websites. If you access outside websites from our websites, you do so at your own risk. When you select a link to outside websites, you are subject to the terms and conditions of the owner/sponsors of that outside websites. We encourage you to review any site’s policies before providing any personal information.
18. THIRD-PARTY WEBSITES APPLICATIONS
19. CONTENT AND OWNERSHIP
Kriya LLC makes use of copyrighted data (e.g., photographs) which may require additional permissions prior to your use. The unique branding of the site and various official seals and marks may not be used without permission. In order to use any information on these websites not owned or created by Kriya LLC, you must seek permission directly from the owning (or holding) sources. Kriya LLC shall have the unlimited right to use for any purpose, free of any charge, all information submitted via these websites except those submissions made under separate legal contract. Kriya LLC shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through these websites. United States and foreign copyright laws and international conventions protect the contents of the websites. You agree to abide by all copyright notices posted on the websites. The websites and the entire contents of the websites, including, but not limited to, text, files, images, graphics, illustrations, audio, video, and photographs on or offered through the websites (collectively, “Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”) of Kriya LLC or other third parties who have granted rights to Kriya LLC. Except as noted above, you receive no right or license, by implication, estoppel, or otherwise, in or under any patent, trademark, copyright, or proprietary right of Kriya LLC or any third party through your use of this websites. No proprietary data on the Kriya LLC websites may be downloaded, republished, resold, duplicated, or “scraped,” in whole or in part, for any purpose other than the personal uses permitted in these Terms and Conditions of Use.
You agree to access and use the websites only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations pertaining to your use of the websites. By accessing the websites, you agree that you will not:
Access, or attempt to access, this websites by any means other than through the interface that is provided by Kriya LLC, unless you have been specifically allowed to do so in a separate, written agreement with Kriya LLC. You specifically agree not to access or attempt to access this websites through any automated means (including, but not limited to, use of scripts, web crawlers, or screen scrapers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the site;
- Use for commercial purposes or resell any of the data derived from this websites unless you have been specifically allowed to do so in a separate, written agreement with Kriya LLC;
- Use the websites to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense or give rise to civil liability;
- Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content;
- Use the websites to impersonate other parties or entities;
- Use the websites to upload any content that contains a software virus, “Trojan Horse” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the websites or the hardware or software of any other person who accesses the websites;
- Upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
- Alter, damage, or delete any content posted on the site;
- Disrupt the normal flow of communication in any way;
- Claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or represent; Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
- Post any material that infringes upon or violates the intellectual property rights of another; or
- Collect or store personal information about others.
21. SECURITY & MONITORING NOTICE
To protect these websites as well as the associated computer system supporting the websites from unauthorized use and to ensure that the computer system is functioning properly, individuals accessing this websites and the associated computer system are subject to having all of their activities monitored and recorded by personnel authorized to do so. Network traffic is monitored in order to identify unauthorized attempts to upload or change information, or otherwise conduct criminal activity. Anyone using these websites and the associated computer system expressly consents to such monitoring. Kriya LLC reserves the right, but is not obligated to (except as required by applicable law,) report any illegal activity to any and all regulatory, administrative and/or governmental authorities for prosecution. In connection with authorized law enforcement investigations and pursuant to required legal process, navigational information may be used to assist in obtaining personally identifiable information. For site security purposes, Kriya LLC reserves the right to monitor any content that you provide, but shall not be obligated to do so. Although Kriya LLC cannot monitor all postings on the websites, we reserve the right to delete, move, or edit any postings that violate these Terms and Conditions of Use.
22. TERMINATION OF USE
Kriya LLC may, in its sole discretion, terminate or suspend your access to and use of this websites without notice and for any reason, including for violation of these Terms and Conditions of Use or for other conduct which Kriya LLC believes is unlawful or harmful to others. In the event of termination, you will no longer be authorized to access the websites, and Kriya LLC will use any means possible to enforce this termination. Kriya LLC may also suspend your use of the websites or deactivate a user log in and direct you to cease using the websites with or without notice to you and with or without cause. Upon any termination of this agreement, all rights granted to you under this agreement will cease and you must promptly discontinue all access to any part of the websites and the use of any content downloaded or otherwise obtained from the websites.
You agree to defend, indemnify, and hold harmless Kriya LLC and all of its employees, directors, officers, and agents from any and all liabilities incurred in connection with any claim arising from any breach by you of these Terms and Conditions of Use, your use of the materials and information contained herein, or your inappropriate or unlawful use of the websites. These include attorney fees, costs, damages, losses, and expenses. You agree to cooperate fully in the defense of any such claim. Kriya LLC reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of Kriya LLC.
24. LIMITATION OF LIABILITY
Kriya LLC strives to maintain the highest accuracy of content on its websites. Any errors or omissions should be reported for investigation to: support @ luxeself.com (remove spaces). This site is provided by Kriya LLC “as is” and “as available” with no warranties whatsoever. Kriya LLC makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this websites and expressly disclaims liability for errors and omissions in the contents of this websites. We do not warrant that access to these websites or any of its content will be uninterrupted or error free, that defects will be corrected, or that this websites will be free of viruses or other harmful components. Kriya LLC disclaims all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. In no event will Kriya LLC or its employees be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, whether in contract, tort, or any other legal theory, arising out of your use of or inability to use the websites or any other matter relating to your interaction with the websites, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.
25. JURISDICTION AND VENUE
These Terms and Conditions of Use will be governed by the laws of the State of Wyoming, without giving effect to any conflict of laws principles. The parties specifically exclude from application to the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Wyoming. The websites is to be deemed a passive websites that does not seek to purposefully avail itself of the benefits and privileges of doing business in any state other than the State of Wyoming and thus does not give rise to personal jurisdiction over Kriya LLC, either specific or general, in jurisdictions other than the State of Wyoming.
You hereby represent, warrant, and covenant for the benefit of Kriya LLC and its affiliates that: (1) You have the legal right and authority to enter into this agreement, and, if you are accepting this agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this agreement; (2) you have the legal right and authority to perform your obligations under this agreement and to grant the rights and licenses described in this agreement and in any applicable additional agreement you enter into in connection with any of the services; (3) all information you provide to Kriya LLC in connection with this agreement and your access to the websites and use of the services is correct and current.
27. INTEGRATION AND SEVERABILITY
These Terms and Conditions of Use set forth the entire understanding of the parties with regard to use of this websites and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this agreement. Failure to comply with the foregoing shall constitute a breach of this agreement, which may result in immediate termination of your account. The waiver by Kriya LLC of a breach of any provision of these Terms and Conditions of Use will not operate or be interpreted as a waiver of any other or subsequent breach. Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or for any reason unenforceable, then the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
28. CONTACT US
If you have any questions about these Terms and Conditions of Use, contact us at:
Email: support @ luxeself.com (remove spaces)