Terms of service

Please review the following Terms and Conditions carefully. Your use of the Lux Slate website constitutes your agreement to follow these Terms and Conditions and to be bound by them (the “Agreement”). The Terms and Conditions include an Arbitration Provision that describes how you and we agree to resolve disputes. Lux Slate reserves the right to update or modify these Terms and Conditions at any time without prior notice.

PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE

Your submission of personal information through the Website is governed by our Privacy Policy (see website footer, bottom right of the screen). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

ELIGIBILITY

You must be at least 13 years old to use the Website. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms and Conditions on your behalf, and you may only access and use the Website with permission from your parent or legal guardian.

LINKS TO OTHER SITES

While visiting our Website, you may link to sites operated by our business partners or other third parties, the links for which are provided solely for your convenience. This does not mean that we endorse these sites, and your activities on them may be governed by terms and conditions as well as privacy policies that differ from our own. We do not make any representations or warranties about any website you may access through the Lux Slate website. They are independent from us, and we have no control over, or responsibility for, their information or activities.

For the avoidance of doubt, any use of Lux Slate intellectual property in connection with resale is also prohibited. This includes use of the Lux Slate name, trademarks, copyrights, or trade dress in a manner that implies a sponsorship or endorsement by Lux Slate.

In certain circumstances (such as for trade, designer, or corporate use) Lux Slate may make exceptions to this Bulk Purchase Policy. If you have large quantity ordering needs, please contact the Outlet Manager, or contact us at info@luxslate.com

CUSTOM ITEM TERMS OF SALE ACKNOWLEDGEMENT

A 50% non-refundable deposit will be charged on the custom items in your order at the time of order placement. Custom items are made to order and cannot be canceled, changed, returned, or refunded. We will charge the remaining amount when your order ships.

INTELLECTUAL PROPERTY OWNERSHIP AND USE

Please be aware that as you visit and navigate the Lux Slate website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks, copyrights, text, images, video clips, graphics, logos, icons photographs and/or other intellectual property in such materials (collectively, “the Intellectual Property”). You may not use any of the Lux Slate Intellectual Property without our prior written permission. Trademarks or trade dress include, but are not limited to, the Lux Slate name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Lux Slate's products, services, and programs. Any other trademarks that appear on our Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

The products, prints, patterns, designs, text, graphics, logos, button icons, images, digital downloads, and data compilations appearing on the Website, as well as the software used to create them, are owned, or licensed by Lux Slate and are protected by US and foreign copyright laws. You may electronically copy and/or print "hard copies" from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.

If any party or user misappropriates or uses our Intellectual Property without the express written consent of Lux Slate, Lux Slate may pursue any and all injunctive, equitable, and monetary damages permitted under the law to protect and enforce its rights. All users of the Website agree that if they use or misappropriate any of our Intellectual Property without our express written consent, Lux Slate shall receive legal fees and costs for protecting and enforcing its rights.

USER SUBMISSION TERMS

We love interacting with our customers and want to know what you are thinking and see how you are using our products. We welcome your remarks, suggestions, reviews, ideas, photos and videos and other information and sometimes even want to showcase your content ourselves (“User Generated Content” or “UGC”). You give us UGC in a variety of ways, including:

• when you post or comment on the Lux Slate Website;
• post or comment on our social media pages;
• specifically submit photos or other information through the Lux Slate User Generated Content Gallery portion of the Website; or
• where we ask for your permission to use your photos or other information you have posted on your social media channels or sent to us.

Your UGC is subject to this specific agreement about UGC and subject to our LUX SLATE Terms & Conditions and Privacy Policy.

IT IS IMPORTANT TO REMEMBER THAT UGC SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR WEBSITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE (I.E. VIEWABLE) FOR A LONG TIME. Your information may be available publicly, and you have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary, or confidential information. Should you disclose information that is sensitive, proprietary, or confidential, you do so at your own risk and LUX SLATE is not responsible for any consequences of such disclosure.

Ownership. As between you and LUX SLATE, you are and will remain the owner of the UGC, and you represent, warrant and covenant to us that you own all right, title and interest, including copyright, in and to the UGC you submit or post to the Website or agree to allow us to repost or use and such UGC is truthful and accurate and shall not breach, infringe, contravene, or detrimentally affect any other party's rights whatsoever, including intellectual property rights, and that no other party has any rights to it including so-called "moral rights." In other words, you promise that no other company or person will claim that you stole or are inappropriately using the UGC.

Our Right to Use your UGC. Although, as we explain above, you retain ownership of the UGC, by submitting, posting, or displaying UGC you give to LUX SLATE a perpetual, worldwide, non-exclusive, fully transferable right and license to use (including the right to copy, display, perform, publish, modify, adapt, and translate) such UGC in all forms and media. This means that our right to possess, use and display the UGC anywhere and through any means will never expire, that we will never owe you any money for it and that we may allow others to use or possess the UGC. If you remove the UGC from a Social Account and would prefer that LUX SLATE no longer use it on the Website or otherwise, please contact us at info@luxslate.com .  We are not responsible for third-party websites and other companies.

Right to Monitor & Editorial Control. Lux Slate does not and cannot review all UGC, and we rely on you to make sure that the UGC is appropriate and applies with applicable laws. You agree that your UGC will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You also agree that your UGC will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false email address or other identifying information, pretend to be someone other than yourself, or otherwise mislead LUX SLATE or third parties as to the origin of any UGC. However, LUX SLATE does reserve the right, but does not have an obligation, to monitor and/or review UGC and to delete, revise, or otherwise modify the UGC in our discretion, subject to applicable law. We reserve the right to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of our Terms & Conditions, Lux Slate’s policies or applicable law. We may also impose limits on certain features of the Website or restrict your access to part or all the features without notice or penalty if we believe you are in breach of the guidelines set forth in these User Submission Terms, our Terms & Conditions, or applicable law, or for any other reason without notice or liability.

Copyright Violations. If you believe that UGC that we use on the Website or in other places infringes on your copyright, you may request that the material be removed, or that access to it be blocked. Please see “Copyright Infringement” in our Terms & Conditions.

YOUR RESPONSIBILITIES WHILE USING OUR WEBSITE

You are responsible for your use of the Lux Slate Website. Harassment in any manner or form on the Website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Lux Slate or other licensed employee, host, or representative as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. You will comply with all applicable laws, treaties, regulations, and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Lux Slate controls and operates the Website and services associated therewith.

ERRORS AND INACCURACIES

We always try to provide complete, accurate, up-to-date information on our Website and advertising media, including our catalogs. Unfortunately, despite those efforts human or technological errors may occur. This Website and advertising media may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Website and advertising media. We cannot guarantee that your computer monitor's display of any color will be accurate.

WARRANTIES

LUX SLATE IS PROVIDING THE WEBSITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH LUX SLATE HEREBY EXPRESSLY DISCLAIMS. LUX SLATE DOES NOT GUARANTEE THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE WEBSITE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. LUX SLATE WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUX SLATE, AND IT AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE LUX SLATE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR ANY MOBILE APPLICATIONS; (E) ANY MALWARE, VIRUSES, TROJANS AND THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR MOBILE APPLICATIONS BY A THIRD PARTY; OR (F) ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE WEBSITE OR LUX SLATE'S PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO, THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LUX SLATE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LUX SLATE'S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF LUX SLATE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.

SECURITY

You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website, and to abide by all security policies adopted by Lux Slate. You acknowledge and agree that, for security purposes, Lux Slate may monitor your account and your access to and use of the Website. Lux Slate may at any time terminate or suspend your access to the Website as Lux Slate considers appropriate or necessary in its sole discretion for security reasons, because of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Lux Slate may also impose limits on certain features and functions of the Website or restrict your access to the Website without notice or liability.

INDEMNIFICATION

You agree to defend, indemnify, and hold Lux Slate harmless from and against any and all claims, damages, costs, losses, and expenses (including, without limitation, attorneys' fees and legal costs) of any kind arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.

APPLICABLE LAW

By visiting our Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Website. Any action relating to the use of the Website or mobile applications must be brought in the state or federal courts located in the County of Marin, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Under no circumstances will Lux Slate be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms and Conditions including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

COPYRIGHT INFRINGEMENT

Lux Slate respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us with the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

ARBITRATION PROVISION

YOU AND WE EXPRESSLY AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL AND TO PROCEED AS PART OF A CLASS ACTION OR CLASS ARBITRATION. We unconditionally consent and agree that: (1) in the event of any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Website, our products or services, or any communications between us, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), you agree to binding arbitration by JAMS (except for small claims as described below); (2) before you or we may initiate arbitration, you must provide a Notice of Dispute by U.S. Mail to 10 Liberty Ship Way, Suite 350, Sausalito, CA 94965, with your name, address, how to contact you, a brief description of the Dispute, and what you would like to resolve the matter. We will do the same if we have a Dispute with you. This Notice of Dispute is a prerequisite to any arbitration; you and we must provide with any arbitration demand a copy of the Notice of Dispute and evidence of mailing; (3) you and we agree to attempt for 60 days from the date of mailing of the Notice of Dispute to resolve the Dispute informally; if we are not able to reach an informal resolution, either you or we may initiate binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS, which will be the sole means to resolve any Dispute; (4) this arbitration agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (5) the arbitration shall be held in the county or your residence or, at your choice, by video or telephone or on a documents-only basis; (6) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, without regard to any conflict of law provisions; (7) arbitration can decide only your and/or Lux Slate’s individual claims, except that if you are a California resident, the Court may award public injunctive relief; there shall be no authority for any claims to be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (8) except for a Dispute determined by an arbitrator to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process above and/or has not included the Notice of Dispute and proof of mailing with the arbitration filing, we will promptly reimburse your filing fees; (9) notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; (10) you have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: 10 Liberty Ship Way, Suite 350, Sausalito, CA 94965. The notice must be sent within 30 days of your first use of the Website or notice of any material change to this Arbitration Provision, otherwise you will be bound to arbitrate disputes in accordance with the terms of those provisions. If you opt out of those provisions, we also will not be bound by them; (11) this Arbitration Provision survives the end of any relationship between you and Lux Slate, including after you request deletion, opt-out of marketing communications, or otherwise end your participation in any program or service provided by Lux Slate; and (12) with the exception of subpart (7) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (7) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Lux Slate shall be entitled to arbitrate their Dispute. For more information on JAMS and/or the rules of JAMS, visit their website at http://www.jamsadr.com.