Terms of service
TERMS OF USE
LUPIZOEA (“LUPIZOEA”, “we”, or “us”) operates, hosts, or manages a number of websites, including, without limitation, https://lupizoea.com (the “Site”). These Terms of Use (“Terms”), along with our Privacy Policy, apply to your use of the Site and the services, features and functions that are offered and made available on, through, or using the Site or any other property that links to these Terms (together with the Site, the “Service”).
You must be at least 16 years old to access or use the Service. If you are under the age of 18 (or the age of legal majority where you live), you may only use the Service under your parent or legal guardian’s supervision. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for their use of the Service.
By using the Service, you also represent, warrant and agree that you are able to form a legally binding contract with the Company, you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction, and you will comply with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Please carefully read these Terms, including the binding arbitration provision contained below under “Arbitration Agreement”. If you do not agree to these Terms, you may not use or access the Service.
These Terms constitute a legally binding agreement between you and us. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND ARE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICE.
MODIFICATION
We reserve the right, in our sole discretion, to modify, discontinue or terminate the Service and to modify these Terms at any time.
If we modify these Terms, we will update the Terms on the Site and may provide notice of the modification by email or through a general notice on the Site. We will also update the date following “Last updated” at the top of these Terms.
Please review this page and these Terms from time to time so you are aware of any changes. By continuing to access or use the Service after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms.
If the modified Terms are not acceptable to you, please cease using the Service.
PRIVACY
Our Privacy Policy is incorporated by reference into these Terms. Please read it carefully, since it describes, among other things, how we collect and use information from you when you use the Service.
REGISTRATION
You may view some parts of the Service without registering, but in order to access and use other parts of the Service, you may be required to register an account with us.
You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information.
We reserve the right to suspend or cancel your account at any time for any reason without prior notice to you. If there has been an unauthorized use of your password or account, please notify us immediately.
INVENTORY AVAILABLE
We do our best to ensure that the product you’re ordering is available at the time of purchase. That said, in some instances a product may become unavailable during the order process, and we may not be able to fulfill your order.
We make no guarantees on the availability of products as represented on the Site.
PRICES
The price of a product is the price in effect at the time we receive your order. We may change prices from time to time without notice.
Occasionally, the Site may have an incorrect price for an item. If that happens, we will notify you before the item has shipped.
Default prices are in U.S. dollars unless otherwise indicated. Product prices listed on the Site do not include shipping charges.
SHIPPING AND DELIVERY
For information on our shipping and delivery policies, please see our Shipping and Return Policy.
REFUNDS AND RETURNS
Our refunds, returns, and replacement procedures are governed by our Refund & Replacement Policy.
Please review that policy for information regarding eligible returns, defective or damaged products, replacement requests, applicable timeframes, and refund procedures.
TYPOGRAPHICAL ERRORS
We are not responsible for typographical errors.
Although every effort is made to ensure that the information detailed on the Site is accurate, from time to time a typographical error may appear, including but not limited to price, model name, product number, and description.
Please accept our apologies for such errors. We will make corrections as such errors are found.
The decision to honor incorrect pricing, for whatever reason it has occurred, is at our sole discretion and may be reviewed on a case-by-case basis.
GIFT CARDS
LUPIZOEA gift cards (“Gift Cards”) are not credit or debit cards and have no implied warranties.
Gift Cards are not redeemable for cash unless required by law and cannot be used to make payments on any charge account. Gift Cards cannot be used to buy other Gift Cards.
We reserve the right to deactivate or reject any Gift Card issued or procured, directly or indirectly, in connection with fraudulent actions, unless prohibited by law.
To check the balance of a Gift Card, contact support at support@lupizoea.com and include your Gift Card code.
The risk of loss and title for Gift Cards passes to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient or our delivery to the carrier, whichever is applicable.
Gift Cards must be obtained from https://lupizoea.com, and you are responsible for safeguarding your Gift Card from unauthorized use.
We are not responsible if a Gift Card is lost, stolen, or destroyed, or if your Gift Card is used without your permission.
There are a variety of Gift Card scams that request payment by Gift Card. We are not responsible for and assume no liability to you for any unlawful conduct or fraud by any third party associated with any Gift Card.
OWNERSHIP
Unless otherwise stated herein, we and our licensors are the sole owners of the Service and all of its content, including, without limitation, all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the Service.
These Terms permit you to use the Services for your personal, non-commercial use only. You agree that all right, title, and interest in the Service will remain ours or our licensors’ exclusive property.
Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the LUPIZOEA name or any of our trademarks, logos, domain names, and other distinctive brand features, which are exclusively owned by LUPIZOEA and our licensors.
Any other trademarks, service marks, logos, trade names, and other proprietary designations displayed on the Service may be the trademarks or registered trademarks of their respective owners.
You may not modify, rent, lease, sell, distribute, or create derivative works based on the Service unless we have given you prior written consent to do so.
Any violation of the foregoing will constitute a breach of these Terms and may result in immediate termination of your right to use the Service.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or Service (“Feedback”).
You may submit Feedback by emailing us at support@lupizoea.com.
You acknowledge and agree that all Feedback will be the sole and exclusive property of LUPIZOEA and you hereby irrevocably assign to LUPIZOEA, and agree to irrevocably assign to LUPIZOEA, all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
USE RESTRICTIONS
While using the Service you agree to comply with all applicable laws, rules, and regulations.
In addition, we expect users of the Service to respect the rights and dignity of others.
You agree that when using the Service you will not:
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Access or use the Service if you are not able to form legally binding contracts or are temporarily or indefinitely banned or suspended from using our Services.
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Post, upload, publish, submit or transmit content that infringes, misappropriates or violates a third party’s intellectual property rights.
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Post content that violates applicable laws or regulations or gives rise to civil liability.
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Post fraudulent, false, misleading or deceptive content.
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Post defamatory, obscene, pornographic, vulgar, or offensive content.
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Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
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Promote violence, threats, illegal activities, or harmful substances.
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Transmit software, viruses, malware, programs, code, files, or other material intended to disrupt, alter, destroy, or limit any part of the Service.
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Access, tamper with, or use non-public areas of the Service or our computer systems.
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Attempt to probe, scan, or test the vulnerability of our systems or networks.
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Use robots, spiders, scripts, or automated applications to scrape, extract, download, retrieve, index, mine, reproduce, or circumvent any part of the Service without authorization.
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Use the Service to send unsolicited advertising, promotional materials, spam, chain letters, or other forms of solicitation.
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Use, display, frame or mirror the Service, LUPIZOEA’s name, logo, trademark, or proprietary information without our express prior written consent.
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Attempt to modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the software used to provide the Service.
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Copy, download, distribute, transmit, upload, or transfer content from the Service without our prior written permission.
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Take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure.
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Use the Site to make unsolicited offers, requests, advertisements, or spam.
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Use the Service for any commercial purpose for the benefit of any third party or in any manner not permitted by these Terms.
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Impersonate or pretend to be anyone else or falsely state or misrepresent your affiliation with any person or entity.
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Express or imply that we endorse any statement you make.
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Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties.
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Engage in criminal or tortious activity, including hacking, phishing, fraud, stalking, defamation, abuse, harassment, or threats.
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Collect or store personally identifiable information from the Service about other users without their express prior written consent.
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Violate any applicable law or regulation.
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Do anything else that we determine, in our sole discretion, misuses or negatively impacts the Service.
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Encourage or enable any individual to do any of the foregoing.
We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
COPYRIGHT
In accordance with applicable copyright laws, LUPIZOEA will respond to claims of copyright infringement committed using the Service that are properly reported to LUPIZOEA.
If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringement by providing the following information:
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Identification of the copyrighted work that you believe is being infringed.
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Identification of the content that you believe is infringing and its location.
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Your full legal name, mailing address, telephone number, and email address, if available.
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A statement that you have a good faith belief that the use of the work is not authorized by the copyright owner, its agent, or the law.
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A statement that the information supplied is accurate.
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Your electronic or physical signature.
Please send copyright notices to:
LUPIZOEA
Copyright Agent
Email: support@lupizoea.com
Upon receipt of a valid notice, LUPIZOEA may take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND RELIANCE ON THE CONTENT IS AT YOUR OWN RISK.
THE SERVICE AND ALL ITEMS SOLD OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, LUPIZOEA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LUPIZOEA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE REMAINS WITH YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER LUPIZOEA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES.
LUPIZOEA SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH:
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These Terms or the use of or inability to use the Service.
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The conduct of you or anyone else in connection with the Service.
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Pricing, shipping, or other guidance provided by LUPIZOEA.
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Delays or disruptions in the Service.
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Viruses or other malicious software.
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Glitches, bugs, errors, or inaccuracies.
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Damage to your hardware device.
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The content, actions, or inactions of third parties.
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Suspension or termination of your account.
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Changes to these Terms or our policies.
Without limiting the foregoing, in no event will LUPIZOEA’s aggregate liability arising out of or in connection with these Terms exceed the amounts you have paid to LUPIZOEA for the applicable purchase or service giving rise to the claim, or one hundred dollars ($100.00 USD), whichever is greater, to the fullest extent permitted by law.
INDEMNITY
You agree to defend, indemnify, and hold harmless LUPIZOEA and its employees, officers, directors, agents, representatives, licensors, suppliers, and service providers from and against all claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:
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Your use of or activities taken in connection with the Service; or
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Any violation of these Terms by you.
We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement, and you agree to fully cooperate with us in doing so.
ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY.
EXCEPT AS THESE TERMS OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHT TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION, TO THE EXTENT PERMITTED BY LAW.
Agreement to Binding Arbitration; Class Action Waiver
Except as these Terms otherwise provide and to the fullest extent permitted by law, you and LUPIZOEA agree that any dispute, claim, or controversy arising from or relating to these Terms or your use of the Service will be resolved by binding arbitration rather than in court, except where applicable law provides otherwise.
The parties agree that arbitration shall be conducted in their individual capacities only and not as a class action, collective action, or other representative proceeding.
Initiating Arbitration
You and LUPIZOEA agree that any covered dispute shall be settled by final and binding arbitration, except that each party retains the right to bring an individual action in small claims court where permitted by law and to seek appropriate injunctive or equitable relief concerning intellectual property rights.
Arbitration Rules and Governing Law
Any arbitration between you and LUPIZOEA will be administered by an appropriate recognized arbitration provider in accordance with its applicable rules, unless otherwise required by applicable law.
The Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration Agreement to the extent applicable.
Arbitration Process
A party who desires to initiate arbitration must provide the applicable arbitration administrator with a written demand for arbitration containing a detailed description of the claim.
You agree to also send LUPIZOEA a copy of your demand for arbitration by email to:
Unless otherwise agreed, arbitration will be conducted in a location reasonably convenient for the consumer, subject to applicable law and the rules of the arbitration administrator.
Arbitrator’s Decision
The arbitrator will have authority to resolve disputes within the scope of this Arbitration Agreement.
The arbitrator’s decision will be final and binding to the extent permitted by applicable law.
Costs of Arbitration
Payment of filing, administration, and arbitrator fees will be governed by the applicable arbitration rules and applicable law.
OPT-OUT RIGHT
YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE TO THE EXTENT PERMITTED BY LAW.
To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision by emailing:
You must include your name, residence address, the email address associated with your account, and a clear statement that you want to opt out of this Arbitration Agreement.
SEVERABILITY OF ARBITRATION PROVISIONS
If a court of competent jurisdiction determines that applicable law prevents enforcement of any portion of this Arbitration Agreement as to a particular claim, that claim may be severed from arbitration to the extent required by law.
All remaining provisions of these Terms and the Arbitration Agreement shall remain in effect to the fullest extent permitted by law.
THIRD-PARTY SITES
The Service may contain links to third-party websites.
We have no control over such websites and are not responsible for the availability of such external websites.
We do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such third-party websites.
Your use of third-party websites is at your own risk and subject to the terms, conditions, policies, and procedures of those websites.
TERMINATION
We may immediately, without prior notice, suspend or terminate your use of and access to the Service or terminate these Terms as they apply to you, at our sole discretion, for any reason, whether with or without cause or warning, and without liability to the extent permitted by law.
APPLICABLE LAW
These Terms will be construed and enforced under the laws of the applicable jurisdiction, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Any dispute not subject to arbitration will be resolved in a court of competent jurisdiction.
WAIVER; SEVERABILITY
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the fullest extent permitted by law.
SURVIVAL
Notwithstanding any other provision of these Terms, any provision that imposes or contemplates continuing obligations on you or LUPIZOEA will survive the termination of these Terms.
QUESTIONS OR COMMENTS
If you have any questions or comments about these Terms or the Service, please contact us at: