Terms of service

Welcome! These Terms of Service, which incorporate by reference our privacy policy (collectively, the "Terms" or "Agreement") are a legal contract between you ("you" or "your") and Lucia & James Boutique ("we," "our," or "us") governing your access to and use of our websites, any applications where these Terms are posted, and when you make any purchase from us (collectively the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must immediately stop accessing and using the Service. These Terms contain important provisions, including provisions outlining the automatically renewing VIP membership and provisions that require arbitration of individual claims and limit your potential remedies.

1. VIP MEMBERSHIP TRIAL AND SUBSCRIPTION TERMS

When you buy on the Lucia & James Boutique website, you are also getting access to an exclusive VIP membership. The access works in this way: you enroll in a 2 days free trial period for the VIP membership. After the 2 days free trial you pay a fee of 42 dollars 95 cents USD (exclusive of taxes). The above text explains the VIP membership relationship. Any further exception of the VIP membership will be explained below.

Lucia & James Boutique offers a subscription membership (the "VIP Membership"), which provides access to premium discounts, exclusive offers, and insider content, according to these Terms and as displayed to you at the time you enrolled. Lucia & James Boutique may change VIP Membership promotional terms from time to time but will not increase fees without reasonable advance notice to provide an opportunity for you to cancel. Lucia & James Boutique may also offer additional deals from time to time, which will be confirmed during the checkout process.

Free 2-Day Trial Period. If you enroll in a free trial period for the VIP Membership, you are not charged for 2 days from the date of purchase for the subscription membership (you will be charged for any product that you purchase). However, you will be required to provide payment information to pay for the VIP Membership fees, including any taxes, which will be due once the trial period ends, unless you cancel as outlined below. New members only.

Charges and Automatic Renewals. On the day after your trial ends, your credit card or other payment method on file will be charged the VIP Membership fees of 42 dollars 95 cents USD (exclusive of taxes) without obtaining your further confirmation. Further, your VIP Membership will automatically renew each billing period of 30 days, and you will be charged 42 dollars 95 cents USD (exclusive of taxes) every 30 days, until you cancel.

Cancellation. If you do not want to continue the VIP Membership after the trial period or if you wish to cancel the VIP Membership at any time, you may do so by emailing us at support@luciajamesboutique.com at least 3 days before the next billing period with your full name and the email and billing address associated with your use of the order. Your failure to cancel or your continued use of the VIP Membership reaffirms that Lucia & James Boutique is authorized to charge you for, and you are responsible for paying, all VIP Membership fees.

Payment Methods. By providing a credit card or other payment method, including through the checkout process, you warrant that you are authorized to use the payment method and authorize Lucia & James Boutique and any third-party payment processors and billing agents to charge your payment method for the total amount due. If the payment method cannot be verified or is not accepted, your purchases and VIP Membership may be cancelled. These Terms shall constitute authorization to the issuer of the payment without requiring a signed receipt from you, and Lucia & James Boutique will not be liable for insufficient funds or charges incurred by you resulting from collection of fees. If you provide a debit card number instead of a credit card number, you authorize all charges to be applied to such debit card. Lucia & James Boutique reserves the right to correct any errors or mistakes for payment at any time.

Refunds. ALL SALES OF DIGITAL PRODUCTS (EBOOKS) ARE FINAL WITH NO REFUNDS, including the VIP Membership, unless otherwise indicated at checkout or as otherwise required by applicable law or determined by us in our sole discretion. Due to the nature of digital products, once an ebook has been delivered or a download link has been made available, the transaction is considered complete. Select physical products are subject to the return terms outlined in our Refund Policy. If you qualify for a return or refund in our sole discretion, your inquiries should be directed to us as outlined below.

2. PRODUCT TYPES AND DELIVERY

Lucia & James Boutique sells two types of products:

Digital Products (Ebooks). The majority of products sold through Lucia & James Boutique are digital ebooks delivered electronically. Upon completing your purchase, you will receive a download link or access instructions via the email address associated with your order. Lucia & James Boutique is not responsible for delays caused by incorrect email addresses provided by the customer. It is your responsibility to ensure the email address associated with your order is correct and that you check your spam or junk folder for delivery emails.

Physical Products. Select titles are available as physical books and will be shipped to the address you provide at checkout. Physical products are packed within 1 to 3 business days. You will receive a shipping confirmation email with tracking information once your order has shipped. Please see our Shipping Policy for details.

3. DISPUTE RESOLUTION

Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of NEVADA without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in NEVADA (a "Court of Competent Jurisdiction"). You and Lucia & James Boutique stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against Lucia & James Boutique outside the U.S., applicable laws may authorize you to bring a Claim against Lucia & James Boutique, which shall be brought in your individual capacity only and not in any class action, in the forum where you reside.

Arbitration Provision. If you and Lucia & James Boutique cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. "Claim(s)" means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns (collectively, "Lucia & James Boutique Entities" who shall be third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.

The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Lucia & James Boutique agree to arbitrate using an alternative arbitral forum. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Lucia & James Boutique agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against Lucia & James Boutique, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs shall be paid as determined by the arbitrator. If Lucia & James Boutique initiates arbitration against you, Lucia & James Boutique shall pay all costs associated with the arbitration. Regardless, you and Lucia & James Boutique will each pay your own attorney's fees and costs unless an award of attorney's fees is available under applicable statute.

The arbitrator's award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You agree that without this provision, you would have the right to sue in court with a jury trial.

Waiver of Class Actions. YOU AND Lucia & James Boutique (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

4. DISCLAIMERS & LIMITATION OF LIABILITY

This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you.

Disclaimer of Warranties. Lucia & James Boutique EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. THE SERVICE AND ALL DIGITAL PRODUCTS ARE PROVIDED "AS IS." Lucia & James Boutique DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability. IN NO EVENT SHALL Lucia & James Boutique BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY, REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. IN NO EVENT WILL Lucia & James Boutique BE LIABLE FOR ANY CLAIMS EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.

5. ASSUMPTION OF RISK

You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Lucia & James Boutique and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, that may result from your access to or use of the Service.

6. MODIFICATION & TERMINATION

Modification. Lucia & James Boutique may modify this Agreement, including the Privacy Policy, at any time upon posting a new version via the Service or by other notice to you. Your continued access to or use of the Service constitutes acceptance of modified provisions.

Errors. The Service may contain errors, inaccuracies, and omissions, which Lucia & James Boutique may correct at any time but has no obligation to do so. Lucia & James Boutique may modify or discontinue the Service, including any products, descriptions, and prices, at any time. Lucia & James Boutique makes efforts to display product information accurately, but we cannot guarantee that your display will be accurate.

Termination. Lucia & James Boutique may terminate this Agreement, the Service, your account, and your VIP Membership at any time for any reason without prior notice. If you wish to terminate this Agreement, you should cease using the Service; and if you wish to cancel your VIP Membership, you should follow the instructions outlined above. Sections 3, 4, 5, and 10 shall expressly survive any termination of this Agreement.

7. YOUR USE OF THE SERVICE

Your Qualifications. You must be at least 18 years old and legally qualified to use the Service. You warrant that all information you provide in connection with your use of the Service is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of any credentials and information used in connection with the Service.

Limited License. Subject to your compliance with this Agreement and applicable laws, Lucia & James Boutique grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service solely for your personal access and use in the manner intended by the Service. Upon purchase of a digital product, you are granted a limited, non-transferable license to download and use the ebook for personal, non-commercial purposes only. You may not redistribute, resell, share, copy, or reproduce any digital product purchased from Lucia & James Boutique.

Communications. By providing your email address or communicating with us, you expressly consent to receiving our marketing communications. You can unsubscribe from marketing communications at any time by following the unsubscribe instructions in each communication or by contacting us.

Prohibited Conduct. You are prohibited from doing or attempting to do the following in connection with your access to or use of the Service:

• Using the Service in any manner not intended (including any commercial re-sale use);
• Redistributing, reselling, sharing, or pirating any digital products purchased through the Service;
• Using the Service in any manner that violates these Terms or any applicable law;
• Providing false, misleading, or inaccurate information;
• Impersonating or otherwise misrepresenting affiliation with any person or entity;
• Using any engine, software, tool, agent, or other device to harvest or otherwise collect information;
• Accessing content or data not intended for you or that you are not authorized to access;
• Interfering with the Service (including through malware or exploiting vulnerabilities);
• Modifying, reverse engineering, or disassembling the source code used by Lucia & James Boutique.

Indemnification. You shall defend, indemnify, and hold harmless Lucia & James Boutique from and against all claims, actions, demands, and other proceedings, including attorney's fees, arising out of or related to your account, your actions, or your violation of these Terms or applicable laws.

8. THIRD PARTY SERVICES

The Service may be linked with or refer to the services, websites, platforms, content, information, goods, services, or tools of third parties. Lucia & James Boutique does not represent, warrant, or endorse any third-party services, or the accuracy, completeness, usefulness, lawfulness, or quality of third-party services. Lucia & James Boutique shall not be liable or responsible for any loss or damage resulting from your reliance on third-party services.

9. INTELLECTUAL PROPERTY

Lucia & James Boutique, its name and logo, its website domain(s), and all content and other materials available through the Service, including all ebooks and digital products, are the trademarks, copyrights, intellectual property, and proprietary content of and owned by Lucia & James Boutique or its licensors and suppliers. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, our intellectual property beyond the limited personal-use license granted upon purchase. All rights not expressly granted in this Agreement are reserved by Lucia & James Boutique.

10. MISCELLANEOUS

This Agreement is the entire agreement between Lucia & James Boutique and you concerning the Service. Should any part of this Agreement be declared invalid, void, or unenforceable, such decision shall not affect the validity of any remaining portion. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement will not be assignable or transferable by you without the prior written consent of Lucia & James Boutique. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. These Terms apply to the fullest extent permitted by applicable laws.

SALES TAX

Sales tax rates are determined by the jurisdiction of the customer's state and country. These taxes are not included in the listed price of the item; instead, they are calculated and added to the order total at checkout.

STORE CURRENCY

Your card will be charged in USD as the default currency. Depending on your card's local currency, your bank or credit card company may apply extra fees, potentially increasing the overall cost of your purchase. Please contact your bank for more information on these fees.

CONTACT INFORMATION

For customer support inquiries, please email us at support@luciajamesboutique.com.