Effective date: November 12, 2020

TERMS AND CONDITIONS FOR USE FOR THE LAXUS WEBSITE

By accessing or using our mobile applications or SNS sites or blogs (collectively, the “Site”) provided by Laxus Technologies Co., Ltd. or any of its subsidiaries or affiliates (herein referred to as “Laxus,” “we,” “us,” or “our”) in the marketing of luxury handbag (the “Rental Items” “Rented Items” or “Items”) rental services and pursuant to which we offer fashion advice and tips on trends and practices (collectively, with the Site, the Services), you agree to be bound by the terms and conditions contained in these Terms and Conditions of Use (the “Terms of Service,” or “Terms”) and all other operating rules, policies and procedures that we may publish from time to time on the Site, including our Privacy Policy (collectively, the “Agreement”), each of which is incorporated by reference.

This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, Rental Items or Services provided by or through the Site, and the subject matter of this Agreement. The Terms of Service, in conjunction with our Privacy Policy or any other policies promulgated by us constitute a valid, binding contract between you and Laxus.

YOUR USE OF THIS SITE SIGNIFIES YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT, AND SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. Please read these Terms of Service and the Privacy Policy carefully. If you do not agree to the Terms of Service, please do not use our Site. Your only remedy for dissatisfaction with this Site, or any Rental Items, Services, content, or other information available on or through this Site, is to stop using the Site and/or those particular Items or Services. As we add new functionality to the Site, we may revise these Terms of Service periodically. If we do, we will post the changes here. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms of Service.

ORDERS AND PAYMENT

1. Membership Registration and Membership Cancelation/Termination

   1.1You need to be a member of the Site in order to rent our Items (the “Membership”). You may register your Membership by creating an account on the Site (the “Account”) or sign in by connecting with a third party provider (such as Facebook, Apple ID, Google +). To use some of the Services on this Site, you are not required to sign up for an Account. However, certain features of the Services, such as accessing your order history, require you to register for an Account.

   1.2By registering, you agree that all information provided in the Account is true and accurate and that you will maintain and update the information as required in order to keep the Account current, complete and accurate. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use, as a username, a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.

   1.3You may never share your Account details with anybody else. You alone are responsible for any activities that occur under your Account, including activities of others to whom you have provided your username or password. In addition, you shall not use your Account to breach security of another Account or attempt to gain unauthorized access to another network or server. You are responsible for notifying Laxus immediately of any unauthorized use of your Account or any other breach of security of which you become aware. We will not be liable for any losses caused by any unauthorized use of your Account. You shall have the ability to delete your Account, as described in our Privacy Policy.

   1.4You agree that we may at any time, and at our sole discretion, terminate or suspend your Account and Membership without prior notice to you for any reason. Without limiting the foregoing, we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any Account or anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

   1.5You may cancel your Membership at any time (the “Cancelation”). To cancel your Membership, please click Member Cancellation [Link] at the Site and follow the on-screen instructions and steps (the “Cancelation Steps”). Your Cancelation shall be effective at the end of the current month by (i) completing the Cancelation Steps on or before the end of the month, and (ii) placing the Item in your possession in the return shipment to Laxus (as set forth in Section 4.2) on or before expiration of your Membership.

   1.6Laxus may suspend or terminate your Membership at any time for any breach of this Agreement or any other reason by giving you written notice of such termination, with or without cause (the “Termination”). If we terminate your Membership, you will remain liable for all unpaid dues. If your Membership is terminated by Laxus, you will not receive a refund on any amounts paid on your Membership.

   1.7You agree and acknowledge that this Agreement shall remain effective until there is Cancelation or Termination of your Membership.

2. Orders, Rental Fee and Rental conditions

   2.1You may rent our Items through this Site. Orders placed on the Site are fulfilled by Stripe. Responsibility for the monthly Membership payment (the “Membership Fees”) and fulfillment of an order is with Stripe, not Laxus, except as otherwise set forth in these Terms.

   2.2You agree that as condition of your Membership at the Site, you will provide Laxus with a credit card or debit card (the “Payment Cards”) and that you hereby authorize Laxus to charge your Payment Cards to collect the Membership Fees plus tax and any other fees set forth below.

   (i)You agree that as condition of your Membership at the Site, you will provide Laxus with a credit card or debit card (the “Payment Cards”) and that you hereby authorize Laxus to charge your Payment Cards to collect the Membership Fees plus tax and any other fees set forth below.

   (ii)A deposit fee shall be charged when you enroll in Membership at the Site at a rate of $2,000/Account (the “Deposit). We may use any part of the Deposit to satisfy any default or loss of Item by you and any expenses arising from such default or loss. Upon Cancelation or Termination of your Membership, Laxus shall refund to you the Deposit, provided there is no default or loss of Item by you.

   (iii)At all times, you shall take proper care of the Items. Upon the Cancelation or Termination of your Membership, you will promptly return the Rented Item to Laxus in the same condition in which the Item was received, with the exception of ordinary wear and tear, and agrees to pay for any damage to, unauthorized alteration of, or loss of the Item while you were renting the Item. If the Item cannot be repaired, or If you fail to return the Item or if the Item is lost while in your care, whether or not the loss was your fault, by theft, by acts of GOD or any other means, the Item will be considered a loss. If there is a loss of Item, you will pay Laxus the reasonable replacement costs. If collection action is necessary to collect this account, you will pay to Laxus the reasonable collection costs and/or reasonable attorney’s fee incurred by Laxus.

   2.3If you use our Site to rent an Item, the Membership Fees and Deposit must be received prior to our accepting an order, unless we otherwise agreed in advance. We may reject orders where the stated delivery address is outside the United States and outside the State of New York. We reserve the right to refuse any order you place with us. We expressly condition our acceptance of your order on your agreement to these Terms.

   2.4We may need to verify information you provide before we accept an order and may cancel or limit an order any time after it has been placed. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. If payment (Membership Fees) has already been made and your order is cancelled or limited, we will refund you any payment made for renting the Item that will not be shipped due to cancellation or limitation of an order.

   2.5The descriptions of, or references to, Items at the Site do not imply endorsement of that Items, or constitute a warranty, by us.

3. Accuracy of Billing and Account Information

   3.1In renting Items through our Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide is registered to you. You agree to promptly update your account and other information, including your e-mail address and Payment Card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

   3.2If your Payment Cards reaches its expiration date, your failure to cancel your Membership constitutes authorization for Laxus to continue billing that Payment Card. If Laxus is unable to charge your Payment Card, your Membership will be terminated. If Laxus terminates your Membership, you will remain liable for all unpaid dues (including any Membership Fees and all other charges against your Account).

   3.3We reserve the right to bar your access to and use of our Site if we have reasonable grounds to believe you have provided untrue, inaccurate, not current, or incomplete information, or for any other reason we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on our Site is sufficient to satisfy any applicable statute of frauds, and no further writing is required.

4. Shipping, Return and Change of Items

   4.1All orders are processed and shipped on seven days, Monday through Sunday, excluding major holidays. You can pick up your Item at the UPS Access Point location we designates at the Site. To pick up the Item, you shall bring a photo ID with your full name and address. Such ID must be government-issued ID, and your name and address must match the original shipping address on the package. Although we may provide delivery or shipment time frames or dates, you understand that those are our good-faith estimates and may be subject to change. We will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. You must provide us with accurate shipping information, so that we can timely deliver the Item to you. If you provide us with a shipping address that is invalid or where you cannot securely accept the Item upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Item.

   4.2To return an Item, Laxus will provide you with pre-paid, pre-addressed packaging (“Laxus Package”) that you can use to return the Item, as well as instructions for returning the Item to Laxus. You shall pack the Item in Laxus Package, attach the prepaid label to your Laxus Package, and drop it off at the UPS Access Point location we designate at the Site. In the event that you lose or damage your Laxus Package, you will be responsible for returning the Item to us in your own packaging, at your own expense. Laxus will re-issue a prepaid label if you need a new one. Please contact contact@laxus.co if you lose the pre-paid label attached to your Laxus Package. Laxus shall not be responsible for any personal or other items left in the Item or Laxus Package.

   4.3Laxus shall not be liable or responsible for any delivery services provided by the third-party couriers such as UPS (‘Couriers’), which we engage from time to time to facilitate delivery of our Items, or any errors or misrepresentations made by such Couriers.

   4.4Before you accept the Item, you will inspect the Item for damages. Your continued use of the Item signifies full satisfaction with the condition of the Item. No claim of prior damage will be accepted unless acknowledged by Laxus.

   4.5During your Membership, you can swap the Items as many times as you like. To swap, please place your new order at the Site and return the original Item in your possession to Laxus, in accordance with Section 4.2 of this Agreement. Your new item will ship within a few days after our receipt of the original Item. Your new item will be canceled if we do not receive the original Item within 7 days from such order.

YOUR RIGHTS AND RESPONSIBILITIES FOR USE OF THE SITE

5. Age Restrictions and the Children’s Online Privacy Protection Act

   5.1This Site is intended for use by individuals over the age of 18 years. If you are under 18 years of age, an appropriate legal guardian must act on your behalf for you to use this Site.

   5.2This Site is not directed at individuals under the age of 18 and does not knowingly collect personal information from individuals under the age of 18. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS SITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Site. Should you, as a parent or legal guardian of a minor, become aware that a user who is under the age of 18 has provided us with personally identifiable information, as defined in our Privacy Policy, please click here to learn how to have such account, and the information associated with it, removed.

6. Restrictions on Use

   6.1You agree and represent you will not use the Site to:

   6.1.1impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity, or create a false identity for purposes of misleading others;

   6.1.2upload, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

   6.1.3upload, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

   6.1.4upload, e-mail or otherwise transmit 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, network, hardware or telecommunications equipment;

   6.1.5engage in sending “spam” or any other form of solicitation;

   6.1.6use automated scripts to collect information from or otherwise interact with the Site;

   6.1.7violate any applicable local, state, national or international law; or

   6.1.8re-rent, or resell, any Item(s) available in our Site, without our prior written approval.

   6.2You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

   6.3You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by Laxus. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Laxus or its affiliates without prior express written consent. You may not use metatags or any other “hidden text” utilizing Laxus’s name or trademarks without the express written consent of Laxus. Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Laxus is strictly prohibited.

7. Descriptions of Site, Items and Services

   7.1You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer, modem, mobile phone and Internet access (including payment of all fees associated with such access).

   7.2We reserve the sole right to either modify or discontinue the Site, including any of the Sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current Services on this Site shall also be subject to these Terms of Service.

   7.3Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any Items, Services, and/or information made in connection with this Site is void where prohibited.

8. User Submissions of Image, Video, Audio Files

   8.1The Site includes Laxus social media, located at a third party provider (such as Facebook, Twitter, Pinterest, and Instagram), which pulls content from our users who share any communications or content of any type (such as photos, videos, or audio) using our brand hashtags or tagging (collectively, the “User Content”). You acknowledge and agree that the User Content may be used in our Site, retail locations, e-mails or any other locations Laxus owns or operates.

   8.2You agree not to upload or transmit any User Content that infringes or violates any rights of any party. You represent that any such User Content has been taken or recorded by you or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.

   8.3You agree that any Personally Identifiable Information Privacy Policy (such as name, phone number, or e-mail address) contained in User Content that you submit belongs only to you or your dependents or members of your immediate family and not to anyone else. Uploading User Content like images or video of other people without their permission is strictly prohibited. By uploading and e-mailing any User Content on the Site, you warrant that you have permission from all persons appearing in your User Content for you to make this contribution and grant rights described herein.

   8.4It is strictly prohibited to upload or e-mail User Content of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

   8.5By uploading any User Content, you grant to Laxus a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the User Content as follows: (i) for purposes of providing the Site, Items, and Services; (ii) as permitted or required by law; and (iii) in accordance with our Privacy Policy, and incorporated by reference into these Terms of Services. You agree to indemnify Laxus and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the User Content or your failure to comply with the terms described in this Agreement.

9. Links to Other Sites

   9.1The Site may contain links to third party websites, including social media sites. Unless otherwise stated, any links that are provided are not intended to state or imply that Laxus sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

   9.2Laxus makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, include social media sites, you do so at your own risk. Laxus’s liability and responsibility in relation to any information on any third party site or any product purchased through such third party site is expressly limited by the terms of this Agreement.

10. Laxus’s Intellectual Property Rights

    10.1The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

    10.2Laxus grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer or mobile device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

    10.3The logos, and other service marks and service names included on the Site (the “Marks”) are owned or licensed by Laxus. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Laxus. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Laxus.

    10.4The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other mark-up languages, and all scripts within the Site associated therewith, are Copyright© 2020 Laxus Technologies Co., Ltd. All Rights Reserved worldwide. The copyrighted and proprietary property of Laxus or its affiliates may not be duplicated or used without Laxus’s express prior written consent.

11. Materials and User Content

    11.1Subject to our Privacy Policy, any communication, material, or User Content that you transmit to this Site or e-mail to us, for any reason, will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

    11.2Laxus will not be liable for any content posted by third parties, or at the direction of users; you must evaluate the accuracy and usefulness of such content. Laxus does not pre-screen content, but Laxus and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Site, including the right to remove any content that violates the Terms or is deemed by Laxus to be objectionable.

12. Notice for Copyright Infringement

    12.1If you or any user of this Site believes any copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our contact immediately. Please send the written communication to the following address:
    
    Designated Agent for Claimed Infringement:
    Copyright Agent
    E-mail: contact@laxus.co

    12.2You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party.

RELEASE, INDEMNIFICATION AND DISCLAIMERS

13. Release

    13.1By using the Site, any Items or Services, you agree to release, discharge and hold harmless Laxus and its subsidiaries, affiliates, partners, retailers, distributors and each of their officers, directors, employees and agents from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Site, any Items or Services, or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site.

    13.2If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

14. Indemnification

    You agree to indemnify and hold Laxus and its affiliates, subsidiaries, partners, distributors and each of their employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Site and/or your use of any Items or Services, including without limitation, any content posted to or transmitted through the Site, or publicly distributed on the web, your use of the Site, your use of any Items or Services, your connection to the Site, your violation of these Terms of Service or your violation of any rights of another.

15. Disclaimer of Warranties

    YOUR USE OF THE SITE, ANY ITEMS AND SERVICES IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LAXUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LAXUS MAKES NO WARRANTY THAT (I) THE QUALITY OF ANY ITEMS OR ANY SERVICES RENTED, PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, RELIABLE, TIMELY, OR COMPLETE, (IV) THE SITE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LAXUS MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.

    CONTENT AVAILABLE THROUGH THIS SITE OFTEN REPRESENTS THE OPINIONS AND JUDGEMENTS OF AN INFORMATION PROVIDER, SITE USER, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH US. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE.

16. Limitation of Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT LAXUS AND ANY AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LAXUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE OR ANY ITEMS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SITE OR ITEMS. IN NO EVENT WILL LAXUS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE MEMBERSHIP FEES YOU HAVE PAID FOR RENTAL OF OUR ITEM(S).

    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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR ITEMS OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR ITEMS, AS APPLICABLE.

MISCELLANEOUS TERMS

17. Modification

    Laxus may at any time modify, add to, or remove portions of the terms of this Agreement, without prior notice. It is your responsibility to check this Agreement periodically for changes. Laxus may, but is not obligated to, provide notice of any updates, revisions, supplements, modifications or amendments to this Agreement on the Site’s homepage. By continuing to use the Site, Items or Services after the posting of such changes, you agree to be bound by this Agreement, as modified. Your use of the Site, Items or Services is subject to the most current version of this Agreement.

18. Assignment

    We may at any time assign, transfer, change, subcontract or deal in any other manner with all or any of our rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under the Agreement to any third party or agent. You shall not, without our prior written consent, assign, transfer, or delegate your Account, rights and obligations under the Agreement

19. Entire Agreement

    These Terms, in conjunction with our Privacy Policy, constitute the entire Agreement between you and Laxus with respect to your use of the Site, Items, or Services. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.

20. Severability

    If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

21. Headings.

    Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

22. Governing Law

    The Site can be accessed from all 50 states, as well as from other countries around the world. By accessing this Site, both you and Laxus agree that the statutes and laws of Japan, without regard to conflicts of laws principles thereof that would produce a different result, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, you and Laxus agree any litigation arising between the parties hereto shall be brought only in the courts in Japan. You hereby irrevocably and unconditionally waive any defense of an objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

23. Termination

    You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

    Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

    In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

24. Contact Information

    If you have a comment, question or request, or if you need to contact Laxus for any other reason, you may contact us at contact@laxus.co or 14F 8-18 Nakamachi, Naka Ward, Hiroshima, Japan 730-0037.

[End of Terms and Conditions]