Terms and Conditions

4sale.LumiWorx.com, hereafter known as "4sale", is a publicly accessible website used to facilitate the sale of any personally-owned property of Randy L. Leist as the domain owner, and collectively known hereafter as "LumiWorx.com", who provides this service to you subject to the following conditions. If you communicate to or through or visit or order or purchase items available for sale within this website, you accept these conditions and agree to abide by these terms. Please read them carefully.

PRIVACY

Please review our Privacy Policy Statement, which also governs your visit to this website, to understand our practices and protection policies.

ELECTRONIC COMMUNICATIONS

When you visit the 4sale site or order items listed here or send e-mails to any LumiWorx.com based email mailboxes or use the site's services to send your messages, you are communicating with LumiWorx.com electronically. Doing so will mean that you consent to then receive communications from LumiWorx.com electronically. With that consent, LumiWorx.com will communicate with you by e-mail or by posting notices on or through this site, and you further affirm that all agreements, notices, disclosures and other communications provided by or to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content rendered on this site may include, but is not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and/or software; and is the property of LumiWorx.com or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of LumiWorx.com, with copyright authorship for this collection by LumiWorx.com, and protected by international copyright laws. Please review the Copyright Policy statement for further details.

TRADE MARKS

LumiWorx.com trademarks and trade dress may not be used in connection with any product or service that is not LumiWorx.com's, in any manner that is likely to cause confusion among buyers, or in any manner that disparages or discredits LumiWorx.com. All other trademarks not owned by LumiWorx.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LumiWorx.com or its subsidiaries.

LICENSE AND SITE ACCESS

LumiWorx.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it or any portion of it, except with express written consent of LumiWorx.com. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: or any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LumiWorx.com. 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 LumiWorx.com and/or our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing LumiWorx.com's name or trademarks without the express written consent of LumiWorx.com.

Any unauthorized use terminates the permission or license granted to you by LumiWorx.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of LumiWorx.com so long as the link does not portray LumiWorx.com, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any LumiWorx.com logo or other proprietary graphic or trademark as part of the link without express written permission. Failure to do so would be a copyright violation and subject to legal action and/or criminal prosecution.

YOUR USER ACCOUNT

If you use this site as a registered user, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with the involvement of a parent or guardian. LumiWorx.com and/or LumiWorx.com assignees reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in his/their sole discretion.

COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or "phishing". You may not use a false or temporary or 'throwaway' e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a bank/credit/debit or other payment or financial asset card or other content or any item order. LumiWorx.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant LumiWorx.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant LumiWorx.com and associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify LumiWorx.com or assigns or associates for all claims resulting from content you supply. LumiWorx.com has the right but not the obligation to monitor and edit or remove any activity or content. LumiWorx.com takes no responsibility and assumes no liability for any content posted or provided by you or any third party.

RISK OF LOSS

All items purchased from 4sale.LumiWorx.com are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier charged with the task of transporting your item(s) to you.

PRODUCT DESCRIPTIONS AND PHOTOS

Every attempt is made to provide accurate and thoroughly descriptive information about the items listed for sale on this site. However, no one can warrant that the product descriptions or other content of this site is always fully accurate, complete, reliable, current, or error-free. If an item labeled as "New" and offered for sale is not as described or arrives as 'DOA' (Dead On Arrival), your sole remedy is to return it in unused condition in the manner prescribed in the "Return /Refund Policies" page posted on this site, and as-agreed to as part of the checkout process when placing and completing your on-site order. Used and "NOS" (New Old Stock) items are only sold in as-is where-is condition and no refund or return is offered for any reason whatsoever - with the exceptions noted within the Returns/Refund Policies declaration. These return and refund along with the published shipping policies are considered to be a part of and combine to form the complete Sales Terms and Conditions Policy that every buyer must agree to as part of the checkout process in completing a purchase.

Photographs presented with the listed items, are not stock photos or produced by 3rd parties, but are actual photographs of the item(s) for sale. These are shown to indicate the current physical and cosmetic conditions as a visual aid to assist you in determining the fitness of use of the listed item(s). Not all attributes or flaws described within the accompanying text may be evident or viewable within the images, but they do represent a significant portion of the item's description and augment the text. There may be photos showing accessories, props, display or presentation pieces, or other objects that will not be included with the referenced item(s). All included items, accessories, documentation, original packaging, or any other miscellaneous item will be fully described in each listing, and if it is not included in the text description, it will not be included as part of your purchase. Additionally, I may opt to show sample photos that the listed item(s) produced to provide a reference of its/their qualities - or - I may display 'Hero shots' that showcase the listed item. Any Hero shots are purely meant to display items in context, and any other visible items within these photo are for reference only.

DISCLAIMERS

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IN/OF THIS SITE IS PROVIDED BY LUMIWORX.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. LUMIWORX.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LUMIWORX.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUMIWORX.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LUMIWORX.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS DESPITE THE BEST EFFORTS TO PREVENT IT. LUMIWORX.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting this and other linked sites based on the LumiWorx.com primary domain, you agree that the laws of the state of Michigan, in the USA, without regard to principles of conflict of laws, will govern these Sales Terms and Conditions and any dispute of any sort that might arise between you and LumiWorx.com and/or any associates or assigns.

DISPUTES

Any dispute relating in any way to your visit to LumiWorx.com or to products you purchase through LumiWorx.com may be submitted to confidential arbitration in any legal jurisdiction chosen by Randy Leist or his assigns, except that, to the extent you have in any manner violated or threatened to violate LumiWorx.coms intellectual property rights, LumiWorx.com may seek injunctive or other appropriate relief in any state or federal court in the State of Michigan or other legally appropriate jurisdiction, and you consent to the exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. You as the purchaser seeking relief will be responsible for providing your own required arbitration processing and/or filing fees to advance any arbitration actions in pursuit of a remedy.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policy statements linked as our Shipping Policy and Returns/Refunds Policies and Site Policies as they've been posted on this site. These linked policies along with these Terms and Conditions constitute the entire agreement between you and 4sale.LumiWorx.com and also govern your visit to any LumiWorx.com domain and any 4Sale purchases you commit to. With their inclusion I also reserve the right in making changes to this site, its policies, and these Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding our Terms and Conditions, or other policy related material can be directed to an actual human by clicking on the "Contact Us" link in the available site menus displayed throughout the site.

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