Welcome to the website (the "Site") of NEWFOUND LUXURY, LLC (“NEWFOUND LUXURY").
In the Site, NEWFOUND LUXURY provides users with access to sales of luxury resale items and related services ("the Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
NEWFOUND LUXURY grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in NEWFOUND LUXURY’s sole discretion) an unreasonable or disproportionately large load on NEWFOUND LUXURY’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by NEWFOUND LUXURY to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by NEWFOUND LUXURY.
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or NEWFOUND LUXURY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NEWFOUND LUXURY has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof).
You acknowledge and agree that NEWFOUND LUXURY’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with NEWFOUND LUXURY in any manner. For more information, see www.newfoundluxury.com/authenticityguarantee.
All content, products, and services on the site, or available through the service, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. NEWFOUND LUXURY does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site or service by any party, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will NEWFOUND LUXURY be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
You expressly understand and agree that NEWFOUND LUXURY and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NEWFOUND LUXURY has been advised of the possibility of such damages), resulting from use of the site, content or any related services.
You will indemnify and hold harmless NEWFOUND LUXURY from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by NEWFOUND LUXURY and such parties, and shall defend NEWFOUND LUXURY and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. NEWFOUND LUXURY will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of NEWFOUND LUXURY.
NEWFOUND LUXURY shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of NEWFOUND LUXURY. In the event that NEWFOUND LUXURY is temporarily unable to ship to you a purchased item because of such an event, NEWFOUND LUXURY will give you the option of deferring shipment or receiving a refund of your charges.
Please read these terms and conditions carefully. By signing up for NEWFOUND LUXURY text messaging program, you expressly consent to receive text messages from NEWFOUND LUXURY (“Company”) and others texting on its behalf, including text messages sent manually or through a service, at the telephone number(s) that you provide. You may opt out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.
Company and its service providers may use automated or manual means to deliver Company text messages to you. Company text messages providing you information about orders, items you are selling, or your account are sent through our primary program (“Service and Support”), while marketing reminders, cart reminders, selling tips, Company-sponsored events, promotions, product launches and marketing messages related to the Company’s goods and services are sent through a secondary program (“Marketing Communications”).
You will receive a maximum of 10 messages per week per Company text messaging program.
Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Company does not impose a separate fee for sending Company text messages.
NEWFOUND LUXURY’s text messaging programs are currently supported for US phone numbers only. Supported carriers may change from time to time, but currently include AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
T-Mobile is not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Company immediately if you change your mobile telephone number. You may notify Company of a number change by updating your number in My Account.
You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
The Site, Service or third parties may provide links to other websites or resources. Because NEWFOUND LUXURY has no control over such sites and resources, you acknowledge and agree that NEWFOUND LUXURY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that NEWFOUND LUXURY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of NEWFOUND LUXURY and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of NEWFOUND LUXURY or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.
NEWFOUND LUXURY respects the intellectual property of others, and we ask our users to do the same. NEWFOUND LUXURY may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NEWFOUND LUXURY’s Copyright Agent the following information:
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
NEWFOUND LUXURY’s agent for notice of claims of copyright or other intellectual property infringement can be reached via email at firstname.lastname@example.org. NEWFOUND LUXURY may update this address from time to time.
Notwithstanding any other of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time NEWFOUND LUXURY may offer special promotional offers which may or may not apply to your NEWFOUND LUXURY account. Headings are for reference purposes only and do not limit the scope or extent of such section. These TOS and the relationship between you and NEWFOUND LUXURY will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and NEWFOUND LUXURY agree to submit to the personal jurisdiction of the federal and state courts located in the County of Mecklenberg in the State of North Carolina with respect to any legal proceedings that may arise in connection with these TOS. The failure of NEWFOUND LUXURY to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. NEWFOUND LUXURY does not guarantee it will take action against all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and NEWFOUND LUXURY and governs your use of the Site and Service (other than applicable Additional Terms), superseding any prior agreements between you and NEWFOUND LUXURY with respect to the Site or Service.