User Agreement

IMPORTANT: ALL USERS MUST READ THESE TERMS AND CONDITIONS BEFORE USING THE LUXURYBOYTOYS.COM WEBSITE. THIS IS YOUR END-USER AGREEMENT. YOU AGREE TO THESE TERMS AND CONDITIONS AS A CONDITION OF ACCESSING AND/OR USING THE LUXURYBOYTOYS.COM WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE AND/OR ACCESS THE LUXURYBOYTOYS.COM WEBSITE.

INTRODUCTION

LUXURYBOYTOYS.COM (the “Site”) is an online venue for, among other things, the following:

The Transaction Services, Social Networking Services and Concierge Services are collectively referred to herein as the “Online Services”.

1. ACCEPTANCE OF TERMS AND CONDITIONS

A “User” of the Site is hereby defined as anyone with access to the Site, including but not limited to: (a) any party who accesses or uses the Site (including, without limitation, Sellers and Service Providers, notwithstanding the fact that such parties are specifically referred to herein at times as “Sellers” and “Service Providers”), (b) any visitor to the Site and/or (c) a party that pays a membership fee to LBT (as such term is defined below) in order to be a member of Site, and thereby granted certain privileges reserved only to members of the Site ("Member"). For all intents and purposes hereof, you are considered to be a “User” under this Agreement, independent of whether or not: (i) you conduct business with other Users, Sellers and/or any third party vendors, merchants, service providers and/or professionals identified by LBT via the Site or otherwise (said third party vendors, merchants, service providers and professionals are hereinafter referred to as, “Service Providers”), (ii) you engage in the Transaction Services, (iii) you engage in the Social Networking Services, (iv) you utilize any of the Concierge Services or (v) you become a Member.

If you do not wish to agree to these outlined terms and conditions (the "Terms and Conditions" or "Agreement") that Luxury List It, Inc., a Texas corporation (“LBT” or “we” or “us”) has provided, you must stop using the Site immediately. These Terms and Conditions constitute the entire agreement and user agreement between you and LBT. In addition, LBT also has a Security Policy, Privacy Policy, Cancellation Policy and Frequently Asked Question file (which is incorporated herein by reference).

LBT reserves the right to make any changes to our Terms and Conditions and/or our other Policies as we deem necessary or desirable without prior notification to you. We suggest, therefore, that you re-read this important notice containing our Terms and Conditions from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and/or other Policies and you continue to use our Site, you are impliedly agreeing to the Terms and Conditions expressed herein and our Policies.

. USE OF THE SITE

As a User of this Site, you acknowledge and agree as follows:

Please read and review the other paragraphs of these Terms and Conditions, as these other paragraphs also apply to some or all of the Online Services described in this Paragraph 2.

3. NO PRIVITY OF CONTRACT (EXPRESS OR IMPLIED)

Users may seek information about other Users, Sellers, Service Providers and/or luxury products, goods or services through this Site. Furthermore, Users, Service Providers and Sellers may submit information and content through and to the Site. However, no privity of contract (whether express or implied) exists between Users, Sellers and/or Service Providers, on the one hand, and LBT, on the other, unless expressly agreed otherwise by LBT in writing. Users, Service Providers and Sellers must deal directly with each other to transact any business and to resolve any disputes. The LBT Parties are not responsible for, and expressly disclaim any, liability whatsoever for any claims and/or controversies that may arise as a result of any disputes between any Users, Service Providers and/or Sellers, including, but not limited to, any dispute relating to agreements or understandings (whether oral or written), offerings, services, goods and/or products. By using this Site, Users, Service Providers and Sellers do hereby represent, understand, and expressly agree to hold the LBT Parties harmless from and against any claim, demand, loss, damage, harm or controversy that may arise from any disputes (contractual or otherwise) between Users, Service Providers and/or Sellers and any disputes concerning the Site as it relates to Users’ actions or inactions with other Users, Sellers and/or Service Providers.

Except for these Terms and Conditions and the other Policies of LBT, you hereby agree that there is no contractual relationship (express or implied) between you and LBT, unless expressly agreed otherwise by LBT in writing. You further agree that there is no agency relationship or representative relationship (express or implied) between you and LBT, unless expressly agreed otherwise by LBT in writing. Furthermore, you hereby acknowledge and agree that none of the LBT Parties shall have any contractual, agency, fiduciary or representative related liability or any other type of liability to you and/or any third party if you engage in any of the Online Services (other than LBT’s proper handling and disbursement of any sums being coordinated through the Site). In the event this paragraph conflicts with any other provision hereof and/or any other Policies of LBT, this paragraph shall govern and control.

4. THE SITE IS ONLY A VENUE

The Site is solely a communications platform for enabling the connection between Users, Sellers and Service Providers for any or all of the Online Services. Accordingly, LBT does not take part in the interaction between Users, Sellers and Service Providers, except to: (a) at times, serve as a financial intermediary on the behalf of Users, Sellers and/or Service Providers exchanging monetary amounts via the Site, (b) ensure the service or transaction, if any, is being properly processed and performed in the event of Concierge Services which LBT has facilitated and (c) facilitate the display of content through the Site provided by Users, Sellers and Service Providers. Ultimately, the quality, quantity, suitability, reliability, timeliness, accuracy, conformance to warranty, as well as any and all representations or warranties regarding the products, goods and/or services provided to Users by Sellers and/or Service Providers is between the Users and the Sellers and/or Service Providers.

The LBT Parties make no representations or warranties (and hereby expressly disclaim any representations and warranties, whether express or implied) about the suitability, conformity to any warranty/representation, reliability, timeliness, and accuracy of the content or quality or quantity of the services, goods and/or products offered or provided by Sellers and/or Service Providers through the Site or otherwise, whether in public, private or offline interactions. The LBT Parties do not assume any responsibility whatsoever for the accuracy or reliability of any information on this Site. The LBT Parties do not assume, and expressly disclaim, any liability that may result from the use of, or reliance upon, any content or information on the Site and/or the use of goods, services and/or products offered or provided by Sellers and/or Service Providers.

You are strongly advised and encouraged to conduct your own investigations and become comfortable with your own assessments before engaging in a business or personal relationship, or communicating, with any Users, Sellers and/or Service Providers. Please review any contracts or agreements with other Users, Sellers and/or Service Providers very carefully and become comfortable with the terms thereof. You are encouraged to consult the advice of an attorney. Unless expressly agreed to in writing by LBT or otherwise indicated herein, none of the LBT Parties shall be a party to (or construed to be a party to) any of the foregoing, including, without limitation, any understandings, agreements or contracts (whether oral or written). Furthermore, none of the LBT Parties is (nor shall any of them be construed to be) your agent, attorney, advisor or representative with respect to any of the foregoing, including, without limitation, any understandings, agreements or contracts (whether oral or written).

5. TO UTILIZE THE SITE, YOU MUST BECOME A REGISTERED USER WITH THE FOLLOWING OBLIGATIONS

To use this Site and become a User, you must represent that you are of legal age to form a binding contract under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as may be prompted by the Site's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if LBT determines in its sole and exclusive discretion that any such information is untrue, inaccurate, not current or incomplete, LBT has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). All decisions concerning limited access to the Site or termination of your account is at LBT’s sole and exclusive discretion, and all decisions are final.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY

Members will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify LBT of any unauthorized use of your password or account or any other breach of security. LBT recommends that you exit from your account at the end of each session if using a public computer. None of the LBT Parties will be liable for any loss or damage arising from your failure to comply with this Paragraph.

Membership Fees are subject to change without notice. Prior to the end of your then current membership term, you will receive electronic notification of your option to cancel your membership. If you fail to cancel your membership prior to the deadline stated in the electronic notification (and in accordance with the electronic notification), your membership will be automatically extended for another term, and you will be automatically billed the then current membership fee for the extended term.

7. USERS CONDUCT

Users agree and understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (herein after "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that Users, and not any of the LBT Parties, are entirely responsible for all Content that you and/or other Users upload, post, email, link, transmit or otherwise make available via the Site. LBT does not control the Content posted via the Site and, as such, does not guarantee the accuracy, reliability, integrity or quality of such Content. Users agree and understand that by using the Site, they might be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will any of the LBT Parties be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

Users agree not to use the Site to: upload, post, email, link, private message, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm any person (minor or adult) in any way; impersonate any person or entity, including, but not limited to, the LBT administrator, a forum leader or moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; manipulate in any way identifiers in order to disguise the origin of any Content transmitted through the Site; upload, post, email, link, private message, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (this includes, but is not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, link, private message, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (hereinafter "Rights") of any party; upload, post, email, link, private message, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or self promotion; upload, post, email, link, private message, transmit or otherwise make available 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; disrupt the normal flow of posting or otherwise act in a manner that negatively affects other Users' ability to engage in accessing and utilizing the site (e.g. posting in a thread, accessing the Site, registering with LBT, etc); interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law while using the Site; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth herein.

Users acknowledge and agree that LBT may or may not pre-screen Content, but that LBT and its moderators (if any) shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, or move any Content that is available via the Site. Without limiting the foregoing, LBT and its moderators shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable at their sole and exclusive discretion. Users acknowledge and agree to evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, reliability, integrity, quality, completeness, or usefulness of such Content.

Users acknowledge and agree that LBT may access, preserve and disclose your account information, including your ISP address, and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce the Terms and Conditions, (c) respond to claims that any Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of LBT, its Users and the public.

Users acknowledge and agree that the technical processing and transmission of the Site, including Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Users acknowledge and agree that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by LBT, Service Providers and/or Sellers who provide Content to the Site. Users acknowledge and agree not to attempt to override or circumvent any of the usage rules embedded into the Site.

8. THIRD PARTY CONTENT

LBT, similar to an Internet Service Provider, is a distributor (and not a publisher) of information, data, and/or Content supplied by third parties, including, without limitation, Users, Service Providers and Sellers. Accordingly, LBT has no more editorial control over such information, data, and/or Content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, offerings, or other information, data, Content, expressions or other information made available by third parties, including, without limitation, Users, Service Providers and/or Sellers, are those of the respective author(s) or distributors and not of LBT. Neither the LBT Parties nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through this Site represents the opinions and judgments of the respective information provider, including, without limitation, Users, Service Providers and/or Sellers. The LBT Parties neither endorse nor are responsible for the accuracy or reliability of any Content, opinion, advice, or statement made on the Site by anyone other than authorized LBT employee spokespersons while acting in official capacities. Under no circumstances will any of the LBT Parties be liable for any loss or damage caused by a User’s, Service Provider’s and/or Seller’s reliance on Content, information or data obtained through the Site or any LBT Parties. It is the responsibility of Users, Service Providers and Sellers to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other Content available through the Site or any LBT Parties. The Site may contain links to third party Web sites maintained by other entities, persons, content providers, Users, Service Providers and/or Sellers. These links are provided solely as a convenience to you and not as an endorsement by the LBT Parties of the contents on such third-party sites, and the LBT Parties hereby expressly disclaim any representations or warranties (whether express or implied) regarding the content or accuracy of materials on such third-party Web sites. If Users, Service Providers and/or Sellers decide to access linked third-party Web sites, they do so at their own risk. Unless you have executed a written agreement with LBT expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. LBT reserves the right to revoke its consent to any link at any time in its sole discretion.

9. RELEASE

By using this Site or conducting business or communicating with a User, Seller and/or Service Provider, User expressly agrees, represents and warrants that the LBT Parties are not involved in the actual business conducted or interactions between Users, Sellers and/or Service Providers. In the event a User has a dispute with one or more Users, Sellers and/or Service Providers, said User hereby releases and forever discharges the LBT Parties from any and all claims, demands, debts, actions, causes of action, reckonings, covenants, contracts, liabilities, rights, judgments, extents, executions, and losses or damages (actual or consequential) of every kind and nature and description whatsoever, in law, admiralty, or equity, known and unknown, suspected and unsuspected, disclosed and undisclosed, concealed or hidden, asserted or that might have been asserted, arising from any omissions, acts, or facts that have occurred from the beginning of time, that the Users, Service Providers and/or Sellers now have, has, ever had, or hereafter can, shall, or may have against any of the LBT Parties, including by way of illustration and not limitation, any and all demands, claims and causes of action which were or could have been asserted by or on behalf of Users, Sellers and/or Service Providers against any of the LBT Parties, and any and all claims and demands relating to the performance (or lack thereof) of any of the LBT Parties. Users, Sellers and Service Providers fully, finally, and forever settle and release the LBT Parties from any and all claims, demands, whether known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future, including, by way of illustration and not limitation, conduct which is negligent, intentional, with or without malice, or a breach of duty, law, or rule, without regard to the subsequent discovery or existence of such different or additional facts.

10. LINKS

The Site may provide, or third parties may provide, links to other Web sites or resources. Because LBT has no control over such sites and/or resources, you acknowledge and agree that none of the LBT Parties 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, quality, services, products or other materials on or available from such sites or resources. You further acknowledge and agree that none of the LBT Parties shall 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 the Site or any such other sites or resources or any such Content, advertising, quality, services, products or other materials on or available from such other sites available on or through the Site or any such site or resource.

11. TERMINATION

LBT may terminate this Agreement and any and all access to the Site of anyone at any time, for any reason, in its sole and absolute discretion, including but not limited to the termination of Users, Sellers and/or Service Providers. The provisions of these Terms and Conditions will survive termination of this Agreement. Furthermore, you agree that none of the LBT Parties shall be liable to you or any third party in any way for any termination of your account, any associated Content, or access to the Site.

12. LBT’S PROPRIETARY RIGHTS

You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in Service Provider and/or sponsor advertisements or information presented to you through the Site or by advertisers is protected by patents, copyrights, trademarks, service marks or other proprietary rights and laws, worldwide. Except as expressly authorized by LBT, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

13. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The LBT Parties expressly disclaim all warranties of any kind (whether express or implied) including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The LBT Parties make no warranty that (a) the Site will meet your requirements, (b) the Site will be uninterrupted, timely, secure or error-free, (c) the results that may be obtained from the use of the Site will be accurate or reliable, (d) the quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations or (e) any errors in the Site or Software will be corrected. Any material downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from any of the LBT Parties or through or from the Site or from any Service Provider or Seller shall create any warranty from or with any of the LBT Parties.

14. LIMITATION OF LIABILITY

You expressly understand and agree that none of the LBT Parties shall 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 any of the LBT Parties has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Site or the Online Services, (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site or relating to the Online Services, (c) unauthorized access to or alteration of your transmissions or data, (d) statements or conduct of any third party on the Site or in connection with the Online Services and (e) any other matter relating to the Site or the Online Services. IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF THE LBT PARTIES, AS A GROUP, TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY AND ALL THIRD PARTIES, USERS, MEMBERS, SERVICE PROVIDERS AND/OR SELLERS UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO THE GREATER OF (I) $100.00 or (II) A REFUND OF PAYMENTS LBT ACTUALLY RECEIVED FROM YOU DURING THE THIRTY (30) DAY PERIOD BEFORE THE DATE THE LIABILITY AROSE. THE LBT PARTIES SHALL NOT BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, THE MATERIALS OR ANY LINKED SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY OF THE ONLINE SERVICES OR BY REASON OF ANY PRODUCTS, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY OF THE LBT PARTIES OR ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.

15. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 13 and 14 may not apply to you.

16. PRIVACY

You acknowledge that all discussions for ratings, comments, bulletin board service, chat rooms and/or other social networking, message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read your communications without your knowledge. The LBT Parties do not control or endorse the content, messages or information found in any Community; therefore, the LBT Parties specifically disclaim any liability concerning the Communities and any actions resulting from User’s, Seller’s and/or Service Provider’s participation in any Community, including any objectionable content. Generally, any communication which you post to the Site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by LBT as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, Users, Sellers and Service Providers, as the case may be, grant LBT the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.

17. LICENSE GRANT

By posting communications on or through this Site, Users, Sellers and/or Service Providers, as the case may be, shall be deemed to have granted to LBT, its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, prepare derivative works, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

18. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the LBT Parties, their respective successors and assigns from and against all claims and expenses, including attorneys' fees, arising out of your use of this Site, the Online Services and/or the transactions or communications resulting therefrom.

19. CHOICE OF LAW AND FORUM

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Texas, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms or your use of this Site, the Online Services and/or this Agreement shall be filed only in the state or federal courts located in Tarrant County, Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

20. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and LBT with respect to this Site and the Online Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and LBT with respect to this Site and/or the Online Services. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

LUXURY LIST IT, INC.
TERMS OF SALE
(Auctions, Trades or Classified Listings)

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

These Terms of Sale are between Luxury List It, Inc., a Texas corporation, doing business as Luxury Boy Toys (“LBT”), and you pertaining to your order of the LBT services more particularly described on the webpage identifying your order in detail (the “LBT Services”).

1.   General Rules

1.1   LBT reserves the right (but assumes no obligation) to delete, move, or edit (without refund) any ads, listings or postings on www.luxuryboytoys.com (the “Site”) that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

1.2   You represent that you are at least eighteen (18) years old or, if an entity, that you are duly organized and in good standing in your jurisdiction of organization. 

1.3    By agreeing to these Terms of Sale, you will also be agreeing to the applicable provisions of our Terms and Conditions, Security Policy and Privacy Policy (collectively, the “Policies”) (all of which are incorporated herein by reference and copies of which are posted on the Site).  Please take a moment to review our Policies.   If you do not wish to be bound by these Terms of Sale and the Policies, you should not place an order for the LBT Services.

1.4   LBT reserves the right to deny use of its online and offline products and services, which includes the Site and the LBT Services, to anyone who does not comply with these Terms of Sale or who otherwise use such online and/or offline products or services, including the Site and the LBT Services, in a manner we consider inappropriate.

2.  Using the Site

2.1   When you offer a product for sale/lease/exchange/trade/auction through the Site, you must be prepared to convey that product pursuant to the terms on which you have listed it (including pricing).  You must have possession of the actual product listed and the ability to transfer title, if applicable.

2.2   To list a product for sale/lease/exchange/trade/auction through the Site, you are required to provide certain identifying and contact information, some or all of which may be displayed on the Site at the sole and absolute discretion of LBT.  The information must be true and accurate.

2.3   You may not charge any potential buyer/lessee/trader/exchanger for information about any product listed for sale/lease/exchange/trade/auction on the Site, nor may you use the Site to promote any other website, product or service. Any rights and obligations you have under these Terms of Sale to the LBT Services and/or access and use of the Site are personal to you.  Consequently, you may not assign or delegate any such rights or obligations to any third party, which includes agents, brokers or dealers.

2.4   Responsibility for the information contained in your listings or postings lies with you. You alone are responsible for material you post on the Site, and for the content of all communication transmitted by you through the Site.

3.  Quality Assurance

3.1   From time to time, LBT may perform random quality assurance tests to confirm that those who offer products for sale/lease/exchange/trade/auction through the Site are prepared to convey the products they list pursuant to the terms on which they have listed them (including pricing).

3.2   Photos submitted as part of any listings or postings placed on the Site must correspond to the actual product being offered for sale/lease/exchange/trade/auction.  As part of our random quality assurance tests, if we encounter a photo that we believe does not accurately represent the actual product you are offering for sale/lease/exchange/trade/auction through the Site, we maintain the right to immediately remove such photo(s) and/or your corresponding listing/posting. 

3.3   By using the Site, you agree to cooperate in these random quality assurance tests.  If our tests reveal, or we otherwise learn, that you are engaging in "bait and switch" or other unfair or deceptive practices, LBT reserves the right to deny you use of the Site and terminate your use of the LBT Services.

3.4   In connection with our efforts to combat fraud, some listings or postings may be screened before being place on the Site.  This process may delay display of your listings or postings.  As part of our effort to combat fraud, we may also screen any communication sent by you to third parties through the Site (including the Site's online inquiry form).

3.5   LBT reserves the right (but assumes no obligation) to delete, move, or edit (without refund) any ads, listings, postings or other communications that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.  

3.6   You agree not to post, list or transmit on or through the Site any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy the Site. LBT retains the right to deny access to anyone who we believe has violated these Terms of Sale or any of our Policies.

3.7   Except as otherwise provided under these Terms of Sale, LBT will not, in the ordinary course of business, review the content of communication that is not addressed to LBT.  However, LBT may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce these Terms of Sale, our Policies, or to protect the rights, property or safety of users of our Site.

4.  Fees, Payments and Refunds

4.1   By placing a listing or posting on the Site, you agree to pay all fees and charges incurred at the rates in effect for the billing period covering the LBT Services you obtain, regardless of whether your product is sold/leased/exchanged/traded/auctioned as a result of the LBT Services you purchase.  All fees and charges will be applied against the form of payment you provide as part of the LBT Services selection process and you agree to pay such fees and charges when due.  Prior to the end of your then current billing period, you will receive electronic notification of your option to cancel your listing or posting on the Site. If you fail to cancel your listing/posting prior to the deadline stated in the electronic notification (and in accordance with the electronic notification), your listing/posting will be automatically extended for another billing period, and you will be automatically billed for the extended billing period at the rates then in effect for the LBT Services you have obtained.  You also agree to pay any applicable taxes relating to your use of the LBT Services.  At its sole discretion, LBT reserves the right at any time to offer the LBT Services at a discount or to provide premiums and promotions as incentives.  If your product is sold via LBT's auction on the Site, you will be responsible, in addition to the up-front auction listing fee you have agreed to pay, for payment of an internet transaction fee of 0.49% of the sales price of the product (if you are Dealer/Commercial client of LBT) or 1.49% of the sales price of the product (if you are an individual client of LBT).

4.2   You must use care when selecting your LBT Services and inputting this listing/posting information; fees for the LBT Services you order are generally not refundable, even if you provide erroneous information or fail to sell/lease/exchange/trade/auction your product.  LBT is not responsible for your listing errors and, therefore, we cannot offer refunds on any fees or charges.  However, LBT will reasonably assist you to correct mistakes or errors to the extent possible; provided you inform LBT of the mistake or error.

4.3   LBT will provide you a refund or credit only for the reasons identified in Subsection 4.3.1 or Subsection 4.3.2, below:

4.3.1  You may be entitled to a refund or credit if you have input all the necessary information about your listing/posting on the Site and such listing/posting does not actually appear on the Site within the first 72 hours from the time such input was completed.  In that case, you must immediately contact LBT customer service at (817) 479-0022 (phone) or (817) 479-0503 (fax) to request a refund or credit.  However, you will not be entitled to a refund or credit in the event your listing or posting has been rejected by LBT due to a violation of these Terms of Sale. 

4.3.2  You may be entitled to a refund or credit if you mistakenly order and pay for duplicate listings/postings and seek to cancel and obtain a refund or credit on the duplicate listings/postings only.  You are not entitled and we cannot provide you a refund or credit on the original listings/postings.

4.4   Except as provided under Subsections 4.3.1 and 4.3.2, above, LBT cannot provide a refund or credit for any other reason.  For example, we cannot provide you a refund or credit if you change your mind about publishing your listing/posting, its content or any enhancements you purchased in relation to your LBT Services.  You are not entitled to a refund or credit if you wish to change to a less expensive services package.  We cannot provide you a refund or credit if you made mistakes while submitting your listing/posting information or if you fail to receive any inquiries or offers to purchase/lease/exchange/trade your product through the use of the LBT Services and/or the Site.  No refund or credit will be issued if you sold/leased/traded/exchanged/auctioned your product through other means.  Likewise, you are not entitled to a refund or credit if you list/post a product on the Site through a third party source (such as a broker or dealer) and you also place a similar or identical listing or posting directly on the Site.  Such listings/postings are not considered "duplicates" and you will not be entitled to cancel any such listings/postings nor will you be entitled to a refund or credit of any associated fees or charges. 

4.5   Except as provided under Subsections 4.3.1 and 4.3.2, while LBT cannot provide you a refund or credit in cases where we have made mistakes in connection with the publication of your listings/postings on the Site, LBT will use reasonable efforts to correct any mistakes we might have made in placing your listing/posting on the Site; provided, however, that you contact LBT customer support at the number above within the first 72 hours from the time the applicable listing/posting first appears on the Site.

4.6   If you make a mistake while submitting a listing/posting to the Site, we will use reasonable efforts to make corrections (i.e., listings/postings we reasonably determine are duplicative, or contain erroneous information).  You may incur an added charge if you wish to order enhancements to your initial LBT Services order.  If your listing/posting on the Site was purchased through a third party source (for example, a broke or dealer), we do not have the authority to make any changes to your listing/posting and we cannot provide you a credit or refund for such listings/postings.

5.  RELEASE

By using the Site or conducting business or communicating with a third party on the Site, you expressly agree, represent and warrant that LBT and its officers, directors, employees, independent contractors, attorneys, agents, partners, members, principals, representatives, administrators, shareholders, predecessors, successors, parents, subsidiaries, divisions, joint ventures, assigns, affiliates, related or affiliated entities and third parties (together with LBT, collectively referred to herein as, the “LBT Parties”) are not involved in the actual business conducted or interactions between you and third parties.  In the event you have a dispute with one or more third parties, you hereby release and forever discharge the LBT Parties from any and all claims, demands, debts, actions, causes of action, reckonings, covenants, contracts, liabilities, rights, judgments, extents, executions, and losses or damages (actual or consequential) of every kind and nature and description whatsoever, in law, admiralty, or equity, known and unknown, suspected and unsuspected, disclosed and undisclosed, concealed or hidden, asserted or that might have been asserted, arising from any omissions, acts, or facts that have occurred from the beginning of time, that you now have, has, ever had, or hereafter can, shall, or may have against any of the LBT Parties, including by way of illustration and not limitation, any and all demands, claims and causes of action which were or could have been asserted by or on behalf of you against any of the LBT Parties, and any and all claims and demands relating to the performance (or lack thereof) of any of the LBT Parties.  You fully, finally, and forever settle and release the LBT Parties from any and all claims, demands, whether known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future, including, by way of illustration and not limitation, conduct which is negligent, intentional, with or without malice, or a breach of duty, law, or rule, without regard to the subsequent discovery or existence of such different or additional facts. 

6.  LBT’S PROPRIETARY RIGHTS

You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Site or by advertisers is protected by patents, copyrights, trademarks, service marks or other proprietary rights and laws, worldwide. Except as expressly authorized by LBT, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

7.  DISCLAIMER OF WARRANTIES

You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis.  The LBT Parties expressly disclaim all warranties of any kind (whether express or implied) including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  The LBT Parties make no warranty that (a) the Site or LBT Services  will meet your requirements, (b) the Site or LBT Services will be uninterrupted, timely, secure or error-free, (c) the results that may be obtained from the use of the Site or LBT Services will be accurate or reliable,  (d) the quality of any products, services, information or other material purchased or obtained by you through the Site or LBT Services will meet your expectations or (e) any errors in the Site or Software or LBT Services will be corrected.   Any material downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from any of the LBT Parties or through or from the Site  shall create any warranty from or with any of the LBT Parties.

8.  LIMITATION OF LIABILITY

You expressly understand and agree that none of the LBT Parties shall 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 any of the LBT Parties has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Site or the LBT Services, (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site or relating to the LBT Services, (c) unauthorized access to or alteration of your transmissions or data, (d) statements or conduct of any third party on the Site or in connection with the LBT Services and (e) any other matter relating to the Site or the LBT Services. IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF THE LBT PARTIES, AS A GROUP, TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO YOU,  UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO THE GREATER OF (I) $100.00 or (II) A REFUND OF PAYMENTS LBT ACTUALLY RECEIVED FROM YOU DURING THE THIRTY (30) DAY PERIOD BEFORE THE DATE THE LIABILITY AROSE.  THE LBT PARTIES SHALL NOT BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE LBT SERVICES OR ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, THE LBT SERVICES, THE MATERIALS OR ANY LINKED SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY OF THE LBT SERVICES OR BY REASON OF ANY PRODUCTS, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY OF THE LBT PARTIES OR ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.

9.  EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 7 and 8 may not apply to you.

10.  INDEMNIFICATION

You agree to defend, indemnify and hold harmless the LBT Parties, their respective successors and assigns from and against all claims and expenses, including attorneys' fees, arising out of your use of this Site, the LBT Services and/or the transactions or communications resulting therefrom.

11.  LEGAL ACTION; NO OBLIGATION TO MEDIATE

In the event a party hereto brings legal action to enforce the terms hereof, the non-prevailing party in such legal action shall pay the court costs, collection costs and reasonable attorneys’ fees of the prevailing party.  There is no obligation on either party hereto to engage in mediation or arbitration before initiating legal action in a court of law.

12.  CHOICE OF LAW AND FORUM

These Terms of Sale shall be governed by and construed in accordance with the laws of the Texas, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Sale or your use of the Site or the LBT Services shall be filed only in the state or federal courts located in Tarrant County, Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

13.  SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Sale (together with the Policies incorporated herein) constitute the entire agreement between you and LBT with respect to the Site and the LBT Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and LBT with respect to the Site and/or the LBT Services. In the event of any conflict between these Terms of Sale and the Policies, the Policies shall govern and control.  If any part of these Terms of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.