Legal

Terms of Service

Effective __LAUNCH_DATE__ · Last updated __LAUNCH_DATE__

Table of Contents

These Terms of Service ("Terms") are a binding legal agreement between you and Luxe Breakers LLC, a Florida limited liability company ("Luxe Breakers," "we," "us," or "our"), and govern your access to and use of the website located at luxebreakers.com and any related services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS (SECTION 19). YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS OF CREATING YOUR ACCOUNT.

1. Acceptance of These Terms

By creating an account, completing a purchase, or otherwise accessing or using the Service, you agree to be bound by these Terms. You will be asked to affirmatively accept these Terms when you create an account and again when you place an order. If you do not agree to these Terms, do not use the Service.

These Terms incorporate by reference our Privacy Policy, Return Policy, and Cookie Notice, each of which forms part of the agreement between you and Luxe Breakers.

2. Eligibility

To use the Service, you must:

Be at least eighteen (18) years of age
Be a legal resident of the United States
Have the legal capacity to enter into a binding contract
Not be a person with whom Luxe Breakers is legally prohibited from doing business, including any person on a U.S. government sanctions or denied-persons list

Luxe Breakers may restrict or decline to offer the Service in certain states or jurisdictions. Any such restrictions will be applied at checkout or communicated in a separate notice on the Service, and Luxe Breakers reserves the right to add or modify restricted jurisdictions at any time.

The Service is not available to users outside the United States. By using the Service, you represent that you meet these eligibility requirements.

3. Account Registration and Security

3.1 Account Required

An account is required to purchase from the Service. You must provide accurate, current, and complete information when creating your account, including your legal name, a valid email address, and a valid U.S. shipping address, and you must maintain and promptly update this information as necessary.

3.2 Identity Verification

Luxe Breakers may, at our sole discretion, request additional identity verification at any time, including in connection with a specific order, a suspected fraud issue, or a high-value transaction. We may withhold fulfillment or access pending completion of such verification.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] of any unauthorized access to or use of your account.

3.4 One Account Per Person

You may maintain only one account. Creating multiple accounts, sharing credentials, or allowing others to use your account is prohibited.

3.5 Suspension and Termination

We may suspend or terminate your account at any time for any of the following reasons, or for any other reason at our sole discretion:

Violation of these Terms
Fraudulent activity, chargebacks, or suspected fraud
Providing false or misleading information
Abuse or harassment of Luxe Breakers staff, customers, or third parties
Suspected account compromise
Operational, legal, or compliance requirements

If we terminate your account, we will ship any Collectible Packs you have already paid for. Your access to the Service, including future purchases, will end. Unapplied store credit or other balances held in your account may be forfeited if termination is for cause, or refunded at our discretion if termination is not for cause.

3.6 Dormant Accounts

Accounts that are inactive for a continuous period of twenty-four (24) months may be closed. If you have store credit or other balances at the time of closure, you may forfeit those balances. We will attempt to notify you before closing a dormant account.

4. Description of the Service

4.1 What the Service Is

The Service is an e-commerce platform that sells pre-packaged physical collectible coin products. Luxe Breakers offers Collectible Packs for sale. Each Collectible Pack contains one physical coin that has been pre-selected, pre-packaged, and pre-assigned to that specific Pack before the Pack is offered for sale.

4.2 How Purchases Work

Available Collectible Packs are displayed to you on the applicable product page, typically in groups of up to ten (10) Packs per set. You select the specific Pack you wish to purchase. When you purchase a Pack, you are purchasing the specific coin that has been pre-assigned to that Pack at a fixed retail price. Once all Packs in a set are sold, a new set becomes available.

4.3 Pack Contents

Collectible Packs within the same set may contain coins of different types and values. Each set contains at least one coin that is designated on the product page as the featured or higher-value coin of that set. The specific composition of each set is disclosed on that set's product page.

4.4 The Reveal Experience

After you complete payment, the reveal of your Pack's contents is made available to you immediately. The reveal includes:

An animated reveal: a stylized digital visual representation of the coin in your Pack. The animated reveal is a visual presentation for entertainment and informational purposes. Non-material attributes of the coin, such as year, mint mark, and surface appearance of non-graded coins, may be shown representatively in the animated reveal and may differ from the actual coin you receive. For graded coins, the animated reveal does not display a specific grade.
A physical reveal video: a pre-recorded video documenting the physical opening of the Pack you purchased, showing the actual coin contained in that Pack.

The authoritative source for the actual coin you will receive is the physical reveal video and the coin delivered to you. The animated reveal is a service feature provided as part of the Service; it is not a game, drawing, contest, lottery, or mechanism by which the coin is selected.

4.5 No Buyback

Luxe Breakers does not buy back, repurchase, or accept Collectible Packs or coins from customers in exchange for cash, credit, or any other consideration. All sales are made by Luxe Breakers to the customer. Luxe Breakers does not purchase coins from the public.

4.6 Melt Value Display

Any melt value or intrinsic value figures displayed on the Service are informational conversion tools based on third-party precious metals spot price feeds, which fluctuate. Melt value figures are not offers to purchase, not warranties of resale value, and not representations that any coin can be sold for the displayed value.

5. Purchases, Pricing, Payment, and Taxes

5.1 Offers and Acceptance

Your placement of an order is an offer to purchase, not a binding contract. Luxe Breakers may accept or decline your order at our sole discretion, including for reasons of suspected fraud, pricing or inventory error, compliance, or any other operational reason. A binding contract forms only when we accept your order, which occurs upon shipment or when the reveal is made available to you, whichever occurs first.

5.2 Pricing and Pricing Errors

All prices are listed in U.S. dollars and are exclusive of applicable taxes and any shipping charges. We reserve the right to cancel any order, at any time before or after payment processing, where the listed price is incorrect due to typographical, technical, or other error, and to issue a full refund in such cases.

5.3 Payment

Payment is processed by our third-party payment processor. By placing an order, you authorize us and our payment processor to charge the payment method you provide. You represent that you are authorized to use the payment method and that the information you provide is accurate. Payment processing is subject to our payment processor's own terms and conditions.

5.4 Chargebacks

If you believe you have a problem with an order, please contact us first at [email protected] before initiating a chargeback. Initiating a chargeback without first contacting us and attempting to resolve the issue through our return process is a breach of these Terms. We reserve all rights with respect to disputed chargebacks, including the right to terminate accounts, pursue collection of amounts owed, and report fraudulent chargebacks to payment processors and law enforcement.

5.5 Taxes

Prices are exclusive of applicable sales and use taxes. Taxes, where applicable, are calculated at checkout based on your shipping address. Certain precious metals transactions may be exempt from sales tax in certain states based on the type of product and order value; any such exemption will be applied automatically at checkout where applicable. You are responsible for any additional taxes or duties that may apply to your purchase.

5.6 Shipping Charges

Shipping charges, if any, are shown at checkout before you submit your order. Shipping charges may vary based on promotion, product, or destination.

5.7 Quantity Limits

We reserve the right to limit the quantity of Collectible Packs that may be purchased per customer, per transaction, or per time period, and to refuse or cancel orders that exceed these limits.

6. Shipping and Delivery

6.1 Shipping Scope

The Service ships only within the forty-eight (48) contiguous United States and the District of Columbia. We do not ship to Alaska, Hawaii, United States territories (including Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands), APO/FPO addresses, or any international destination.

6.2 Shipping Timing

We ship Packs within five (5) business days of order acceptance. Actual delivery time depends on the carrier and destination. We do not guarantee specific delivery dates.

6.3 Carrier, Tracking, and Insurance

We ship through commercially reasonable carriers with tracking. Each shipment is insured to the value of the item it contains. Luxe Breakers selects the carrier, service level, insurance coverage, and any signature requirement based on the value and nature of the item being shipped, in its sole discretion.

6.4 Signature Requirement

Consistent with Section 6.3, Luxe Breakers may require signature confirmation on delivery at its sole discretion, particularly for higher-value items.

6.5 Risk of Loss and Title Transfer

Title to and risk of loss for the coin contained in a Collectible Pack remains with Luxe Breakers from the moment the coin is pre-assigned to the Pack until delivery is confirmed or, where a signature is required, until signature is obtained. If the Pack cannot be shipped for any reason between order acceptance and shipment, we will refund you in full.

Notwithstanding the foregoing, Luxe Breakers' coverage and responsibility for a shipment cease, and risk of loss passes to you, if you instruct the carrier to deliver the package without a required signature, leave the package unattended, or release the package to a neighbor, building office, doorman, drop-off or pickup location, or any other third party. Subject to this Section 6.5 and the lost-package process in Section 6.8, Luxe Breakers will assist you with carrier insurance claims for lost or damaged packages and may, at our sole discretion, replace a lost package or offer alternative remedies.

6.6 Delivery Confirmation

A package is considered delivered when the carrier's tracking system indicates delivery. If you believe a package was not delivered despite tracking confirmation, you must report the issue in accordance with our Return Policy, and you may be required to file reports with the carrier and local authorities.

6.7 Damage on Delivery

If a package arrives visibly damaged or the coin inside is damaged, you must notify us within forty-eight (48) hours of delivery in accordance with our Return Policy. Please preserve packaging and take photographs before contacting us.

6.8 Lost or Non-Delivered Packages

If a package is lost in transit or is not delivered, you must report the non-delivery to us at [email protected] within thirty (30) days of the ship date in order to open a claim. Claims reported after this period may not be eligible. Upon an approved claim, Luxe Breakers will, at its sole discretion, reship the item or refund the purchase price. You agree to provide reasonable cooperation in connection with any claim, including providing a police report where theft or tampering is suspected, preserving all packaging and materials where damage is involved, and providing any other information we reasonably request to investigate or substantiate the claim.

6.9 Shipping Address Accuracy

You are responsible for providing an accurate shipping address. Luxe Breakers is not responsible for packages delivered to an incorrect address provided by you, returned as undeliverable due to address errors, or stolen after delivery. Address changes after order acceptance may not be possible, particularly once a package has entered shipping.

7. Returns, Refunds, and Cancellations

7.1 All Sales Are Final

All Collectible Pack purchases are final at the moment of payment confirmation. Because the reveal becomes available to you immediately upon payment confirmation, you cannot cancel, return, or receive a refund for a Collectible Pack based on a change of mind, dissatisfaction with the coin received, market value fluctuations, or other reasons not covered by this Section 7. For clarity, this finality does not limit your right to a full refund if a Pack cannot be shipped under Section 6.5, the operational cancellations under Section 7.2, or any other remedy expressly provided in these Terms (including the remedies in this Section 7).

7.2 Operational Cancellations

Luxe Breakers reserves the right to cancel orders, at our sole discretion, for operational, fraud, error, or compliance reasons, with a full refund to you. These cancellations are initiated by Luxe Breakers, not by you.

7.3 Defective, Damaged, or Wrong Items

If your Pack arrives with a coin that is damaged, defective, or is not the coin that was pre-assigned to your Pack, your remedy is your choice of a full refund or store credit for the purchase price. Luxe Breakers reserves the right, at our sole discretion, to offer alternative remedies on a case-by-case basis, including replacement (if available), enhanced store credit, or partial refunds with credit. These alternatives, if offered, are in addition to the default choice of full refund or store credit.

For items lost in transit, your remedy is reship or refund of the purchase price at Luxe Breakers' sole discretion, in accordance with the lost-package process in Section 6.8. The choice between full refund and store credit described above applies to damaged, defective, or wrong items and does not apply to items lost in transit.

Full details of the return process, including timing, documentation, and return shipping, are set forth in our Return Policy.

7.4 Return Shipping

If a return is approved due to damage, defect, wrong item, or Luxe Breakers' error, we will pay return shipping and provide a prepaid return label. For any goodwill return we approve outside of our documented remedy categories, you are responsible for return shipping.

7.5 Chargebacks and Returns

Initiating a chargeback without first contacting us and attempting to resolve your issue through our return process is a breach of these Terms. If you use the return process in good faith, we will work with you in good faith to resolve the issue.

7.6 Incorporation of Return Policy

Our Return Policy, as updated from time to time, is incorporated into these Terms by reference. In the event of any conflict between this Section 7 and the Return Policy, the Return Policy controls as to operational details and this Section 7 controls as to the underlying legal terms.

8. Product Authenticity, Condition, and Disclaimers

8.1 Authenticity

Luxe Breakers sources coins exclusively from reputable mints, wholesalers, and precious metals suppliers. Luxe Breakers does not purchase coins from the public. Based on this sourcing practice, we represent, to the best of our knowledge, that coins sold through the Service are authentic.

8.2 Grading

Certain coins sold through the Service are graded by third-party grading services such as the Professional Coin Grading Service (PCGS) or Numismatic Guaranty Company (NGC). For graded coins, Luxe Breakers represents only that the coin is accompanied by the slab and grade assigned by the named grading service. Luxe Breakers does not independently grade coins and makes no representation as to grade accuracy beyond passing through the grade assigned by the grading service. Disputes regarding grade accuracy must be resolved with the grading service.

8.3 Metal Content

Luxe Breakers represents that the metal content of coins sold through the Service is as stated on the product page, consistent with industry-standard specifications. For Pre-1965 U.S. silver dimes, this is 90% silver. For silver rounds, this is the stated weight in .999 fine silver. For American Silver Eagles, this is one troy ounce of .999 fine silver unless the product page indicates otherwise.

8.4 Melt Value

Any melt value or intrinsic value figures displayed on the Service are calculated from third-party spot price feeds, which fluctuate. These figures are informational only. They are not warranties of resale value, offers to purchase, or guarantees that any coin can be sold or traded at the displayed value.

8.5 Coin Condition

The physical condition of individual coins varies. Any condition representations applicable to a specific set are disclosed on that set's product page. Except as specifically represented, coins are sold in their as-received condition. For graded coins, the grade certified by the grading service is the condition representation.

8.6 Representative Images

Photographs, renderings, and animations on product pages and in reveal animations are representative and may not depict the exact coin you will receive. The actual coin is shown in the physical reveal video and delivered to you.

8.7 Collectibles, Not Investments

COINS SOLD THROUGH THE SERVICE ARE SOLD AS COLLECTIBLES, NOT AS INVESTMENTS. Luxe Breakers makes no representation, warranty, or guarantee that any coin will retain its value, increase in value, or be saleable at any particular price at any future time. Market values of precious metals and collectible coins fluctuate, and you may lose money on any purchase.

Luxe Breakers does not provide financial, investment, tax, or legal advice. Nothing on the Service, in any communication from Luxe Breakers, or from any Luxe Breakers employee, agent, or representative should be construed as financial, investment, tax, or legal advice. You are solely responsible for your own decisions and for consulting with qualified professionals as appropriate.

8.8 Third-Party Marks

Third-party marks mentioned on the Service, including but not limited to those of the United States Mint, PCGS, NGC, and other grading services, are used descriptively. Luxe Breakers is not affiliated with, endorsed by, or sponsored by any such third party, and mention of any third-party mark does not imply any such relationship.

9. Intellectual Property and License to Use the Service

9.1 Ownership

All content on the Service, including but not limited to the Luxe Breakers name, logo, trademarks, trade dress, website design, copy, product photography, reveal animations, reveal videos, software code, graphics, and all other materials, is owned by Luxe Breakers or its licensors and is protected by U.S. and international intellectual property laws.

9.2 Limited License

Subject to your compliance with these Terms, Luxe Breakers grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your personal, non-commercial purposes of browsing, purchasing, and viewing the reveals associated with your own purchases. This license terminates automatically upon any violation of these Terms.

9.3 Prohibited Uses of Our Content

You may not:

Copy, reproduce, distribute, display, publicly perform, modify, or create derivative works of any content on the Service, except as expressly permitted by these Terms
Download, archive, rebroadcast, screen-record, or redistribute reveal videos or animations outside the intended viewing experience on the Service
Remove, alter, or obscure any copyright notice, trademark, watermark, or other proprietary notice
Scrape, crawl, spider, or use automated tools to access the Service or extract data from it
Reverse engineer, decompile, or attempt to derive the source code of the Service or any of its components
Use the Service to train, develop, or improve any artificial intelligence or machine learning model
Use content from the Service to operate, develop, or promote a competing service
Use the Luxe Breakers name, logo, or marks in any manner without express written permission

9.4 Your Ownership of Physical Coins

When you purchase and receive a coin, you own that physical coin and may resell, gift, photograph, or otherwise use the physical coin as you see fit. However, all digital content associated with your purchase — including reveal animations, reveal videos, product photographs, and related assets — remains the property of Luxe Breakers. You are granted a non-transferable license to view and re-watch the reveals associated with your own purchases for personal use.

9.5 Feedback

If you submit ideas, suggestions, or feedback to Luxe Breakers, you grant Luxe Breakers a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use your feedback for any purpose, without compensation or attribution to you.

9.6 DMCA

Luxe Breakers respects the intellectual property rights of others. If you believe that content on the Service infringes your copyright, please send a notice to our Designated Agent for notices of copyright infringement at:

DMCA Designated Agent Email: [email protected] Mail: Luxe Breakers LLC, Attn: DMCA Agent, 3700 Galt Ocean Dr, Apt 903, Fort Lauderdale, FL 33308

Your notice must include the information required by Section 512(c)(3) of the Digital Millennium Copyright Act, including: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (iii) your contact information; (iv) a statement that you have a good faith belief that use of the material is not authorized; (v) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner; and (vi) your physical or electronic signature.

We may terminate the accounts of users we determine, in our discretion, to be repeat infringers.

10. User Conduct

You agree that you will not, and will not attempt to, do any of the following in connection with your use of the Service:

10.1 Fraud and Payment Abuse

Provide false, inaccurate, or misleading identity, contact, or payment information
Use a stolen, unauthorized, or fraudulent payment method
Initiate a fraudulent chargeback or dispute
Create multiple accounts to abuse promotions, bypass limits, or circumvent restrictions

10.2 Account Abuse

Sell, transfer, rent, or share your account with any other person
Create multiple accounts to circumvent termination, limits, or promotions
Use another person's account without their authorization
Impersonate any person or entity or misrepresent your affiliation with any person or entity

10.3 Technical Abuse

Scrape, crawl, or otherwise use automated means to access the Service
Reverse engineer the Service or its components, including reveal animations or the reveal system
Probe, scan, or test the vulnerability of the Service
Interfere with, disrupt, or overload the Service or attempt to deny service to others
Circumvent, disable, or otherwise interfere with security or access controls, rate limits, or geo-restrictions

10.4 Content and Communication Abuse

Harass, threaten, abuse, or intimidate Luxe Breakers staff, customers, or third parties
Post, transmit, or submit content that is defamatory, obscene, illegal, or infringing
Spam support channels, submit false complaints, or abuse the return or dispute process
Misrepresent Luxe Breakers or your relationship to Luxe Breakers

10.5 Commercial Misuse

Use the Service for commercial purposes other than your own personal collecting (resale of physical coins you have purchased is permitted; commercial exploitation of Luxe Breakers' content is not)
Use data or content from the Service to build or operate a competing service
Aggregate or publish reveal outcomes, coin assignments, or other data from the Service without our written permission

10.6 Model-Specific Prohibitions

Publicly disclose the contents of Collectible Packs in any set before all Packs in that set have been sold, in a manner reasonably likely to affect the purchasing decisions of other customers
Attempt to identify, predict, or infer which Pack in a set contains which coin through any means not disclosed by the Service, including by exploiting timing, patterns, technical artifacts, or system behavior

10.7 Legal and Regulatory

Use the Service in connection with money laundering, tax evasion, or any other illegal activity
Use the Service while located in a jurisdiction from which Luxe Breakers is excluded
Use the Service in any manner that violates any applicable federal, state, or local law

10.8 Consequences

Violation of this Section 10 may result in one or more of the following, at our sole discretion: warning; suspension or termination of your account; cancellation of pending orders; forfeiture of unapplied store credit or balances; disqualification from promotions or programs; pursuit of damages; referral to law enforcement or regulators. We reserve all rights and remedies available to us at law or in equity.

11. User-Generated Content

11.1 No User-Generated Content Surfaces at Launch

At launch, the Service does not offer on-site features for customer reviews, comments, or uploads. If and when we add such features, they will be subject to additional terms specific to those features.

11.2 License to Submitted Content

Notwithstanding the foregoing, to the extent you submit or transmit any content to Luxe Breakers — including through email, customer support communications, survey responses, or any future user-generated content feature — or to the extent you publicly tag, mention, reply to, or interact with Luxe Breakers' accounts on social media platforms, you grant Luxe Breakers a perpetual, irrevocable, royalty-free, worldwide, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display such content in any media for any purpose, including marketing, promotional, and commercial purposes. You represent and warrant that you own or control all rights in the content you submit and that the content does not violate these Terms or any third-party rights.

11.3 No Obligation to Use

Luxe Breakers has no obligation to use, publish, or retain any content you submit.

11.4 Standards

Any content you submit must not be illegal, infringing, defamatory, obscene, harassing, or false. We reserve the right to remove, refuse, or delete any content at our sole discretion.

11.5 Future Affiliate or Influencer Programs

Luxe Breakers reserves the right to establish an affiliate, influencer, or referral program. Any such program will be governed by separate program terms.

12. Third-Party Services

12.1 No Control

The Service integrates with or relies upon various third-party services, including payment processors, shipping carriers, grading services, hosting and infrastructure providers, email delivery services, analytics providers, and advertising platforms. Luxe Breakers does not control these third parties and is not responsible for their performance, availability, accuracy, security, or actions.

12.2 Third-Party Terms Apply

When you use third-party services through the Service, you may also be subject to those third parties' own terms and privacy policies. It is your responsibility to review and comply with those terms.

12.3 No Endorsement

Mention of or integration with any third-party service does not constitute endorsement by Luxe Breakers.

12.4 Links to Third-Party Sites

The Service may contain links to websites, content, or services operated by third parties. Luxe Breakers is not responsible for the content, accuracy, or practices of any linked third-party site.

12.5 Specific Third-Party Disclaimers

Grading services: Grades are assigned by independent third-party grading services. Luxe Breakers is not responsible for the accuracy of grades assigned by such services or for disputes concerning grading.
Shipping carriers: Delivery times, package handling, and loss or damage in transit are subject to the performance of third-party carriers. Luxe Breakers' shipping-related obligations are as stated in Section 6.
Spot price data: Melt value calculations rely on third-party precious metals spot price feeds. The accuracy of these feeds depends on the third-party source and is informational only.

13. Disclaimers of Warranties

13.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. LUXE BREAKERS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LUXE BREAKERS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

13.2 Product Disclaimer

EXCEPT FOR THE EXPRESS REPRESENTATIONS SET FORTH IN SECTION 8, LUXE BREAKERS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE COINS AND OTHER PHYSICAL PRODUCTS SOLD THROUGH THE SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.3 State Law Carve-Out

Some jurisdictions do not allow the exclusion or limitation of certain warranties. To the extent such exclusions or limitations are not permitted by applicable law, the exclusions and limitations in this Section 13 shall apply to the maximum extent permitted.

14. Limitation of Liability

14.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LUXE BREAKERS OR ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF LUXE BREAKERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUXE BREAKERS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM OR (B) FIFTY DOLLARS ($50).

14.3 State Law Carve-Out

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, or fraud, or any statutory liability that cannot be waived.

15. Indemnification

You agree to indemnify, defend, and hold harmless Luxe Breakers and its officers, members, employees, contractors, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

Your breach of these Terms
Your violation of any law or regulation
Your violation of any third-party right, including any intellectual property, privacy, publicity, or contractual right
Your use or misuse of the Service
Your negligent or wrongful conduct
Any content you submit or transmit through the Service

Luxe Breakers reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense and not to settle any such matter without our prior written consent.

16. Termination

16.1 Termination by You

You may stop using the Service at any time. You may request account deletion by contacting us at [email protected], subject to our data retention obligations.

16.2 Termination by Luxe Breakers

We may terminate or suspend your account or your access to the Service at any time for the reasons set forth in Section 3.5 or for any other reason at our sole discretion, including discontinuation of the Service.

16.3 Effect on Pending Orders

Upon termination of your account, we will ship Collectible Packs for which you have already paid. Your access to the Service, including future purchases, will end. Unapplied store credit or other balances held in your account may be forfeited if termination is for cause, or refunded at our discretion if termination is not for cause or is initiated by you.

16.4 No Refund of Past Purchases

Termination does not entitle you to a refund of amounts already paid for products or services you have received.

16.5 Survival

The following provisions survive termination of these Terms: Sections 7 (as to transactions completed before termination), 8, 9, 10, 11.2, 13, 14, 15, 18, 19, and 20, and any other provision that by its nature should survive termination.

17. Changes to These Terms

17.1 Right to Modify

We may modify these Terms at any time. The modified Terms take effect on posting to the Service or at the later date specified in the modified version.

17.2 Notice

For material changes to these Terms, we will provide notice by email to the address associated with your account and by prominently posting the modified Terms on the Service, in each case at least a reasonable period before the modified Terms take effect.

17.3 Continued Use

Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the modified Terms, except as set forth in Section 17.4.

17.4 Arbitration Changes

Material changes to the arbitration agreement in Section 19 will require your affirmative acceptance (such as clicking "I accept") before they apply to you. If you do not affirmatively accept such changes, the prior version of the arbitration agreement will continue to govern disputes between you and Luxe Breakers, or you may close your account.

17.5 Prospective Application

Changes to these Terms apply prospectively only. Transactions completed before the effective date of modified Terms are governed by the version of the Terms in effect at the time of the transaction.

17.6 If You Disagree

If you do not agree to modified Terms, your sole remedy is to stop using the Service and close your account.

18. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Florida, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.

19.1 Informal Resolution First

Before filing any arbitration or lawsuit, the party raising the dispute must send written notice to the other party describing the dispute and the relief sought. Notice to Luxe Breakers must be sent to [email protected] and to our mailing address set forth in Section 20.9. You and Luxe Breakers agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days before initiating any arbitration or lawsuit.

19.2 Binding Arbitration

Except for claims falling within the carve-outs in Sections 19.5 and 19.6, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section 19.

19.3 Arbitration Procedures

Arbitrator: A single arbitrator will be appointed in accordance with the AAA Consumer Arbitration Rules.
Location: Arbitration will be conducted virtually by default. If the claimant requests an in-person hearing, the hearing will take place at a mutually agreed location in the claimant's state of residence or in Fort Lauderdale, Florida, at the claimant's option.
Fees: For any claim under Ten Thousand Dollars ($10,000), Luxe Breakers will pay all arbitration fees, including any fees that would otherwise be the responsibility of the claimant under the AAA Consumer Arbitration Rules. For claims of Ten Thousand Dollars ($10,000) or more, fees will be allocated in accordance with the AAA Consumer Arbitration Rules.

19.4 Class Action Waiver

YOU AND LUXE BREAKERS AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU AND LUXE BREAKERS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate claims of multiple parties and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable with respect to any claim, that claim shall be severed and proceed in court, and the remainder of this Section 19 shall apply to all other claims.

19.5 Small Claims Carve-Out

Either party may bring an individual claim in a small-claims court located in the claimant's county of residence within the United States, provided the claim falls within that court's jurisdictional limits. Florida small-claims court has jurisdiction over claims up to Eight Thousand Dollars ($8,000).

19.6 Injunctive Relief Carve-Out

Either party may seek emergency or preliminary injunctive relief in a court of competent jurisdiction in Broward County, Florida, for actual or threatened violations of intellectual property rights, unauthorized access to the Service or systems, data breaches, or similar matters where injunctive relief is necessary to prevent irreparable harm.

19.7 30-Day Opt-Out Right

You have the right to opt out of this arbitration agreement and class action waiver by sending written notice of your decision to opt out within thirty (30) days of the date you create your account. Your opt-out notice must be sent by email to [email protected] and must include (i) your full name, (ii) the email address associated with your account, and (iii) a clear and unambiguous statement that you wish to opt out of the arbitration agreement in Section 19 of the Luxe Breakers Terms of Service. Opting out will not affect any other provision of these Terms, and you will remain bound by them in all other respects.

19.8 Severability

If any portion of this Section 19 is found to be invalid or unenforceable, that portion shall be severed, and the remainder of this Section 19 shall continue in full force and effect, except that if the class action waiver in Section 19.4 is found unenforceable with respect to a specific claim, that claim shall proceed in court and the arbitration agreement shall not apply to that claim.

20. Miscellaneous

20.1 Entire Agreement

These Terms, together with the Privacy Policy, Return Policy, Cookie Notice, and any other documents expressly incorporated by reference, constitute the entire agreement between you and Luxe Breakers concerning the Service and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written.

20.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed or modified to the minimum extent necessary to be valid and enforceable, and the remaining provisions shall continue in full force and effect.

20.3 No Waiver

The failure of Luxe Breakers to enforce any provision of these Terms in any instance is not a waiver of the right to enforce that provision in the future.

20.4 Assignment

You may not assign, transfer, or sublicense your account or any rights or obligations under these Terms without our prior written consent. Luxe Breakers may freely assign these Terms to any affiliate, successor, or acquirer of all or substantially all of our business or assets.

20.5 Force Majeure

Luxe Breakers is not liable for any delay or failure to perform arising out of events beyond our reasonable control, including natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions, labor disputes, supply chain disruptions, carrier failures, power outages, network or infrastructure failures, and cyberattacks.

20.6 Independent Parties

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Luxe Breakers.

20.7 Section Headings

Section headings are for convenience only and have no substantive effect on the interpretation of these Terms.

20.8 Electronic Communications

You consent to receive communications from Luxe Breakers electronically, including by email and through the Service. You agree that electronic communications satisfy any legal requirement that communications be in writing. Your consent to electronic communications applies to these Terms, the Privacy Policy, the Return Policy, the Cookie Notice, order confirmations, shipping notices, account notices, and any other communications we provide to you in connection with the Service.

20.9 Contact Information

Luxe Breakers LLC 3700 Galt Ocean Dr, Apt 903 Fort Lauderdale, FL 33308

General support: [email protected] Privacy requests: [email protected] Legal notices: [email protected] DMCA notices: [email protected]

20.10 Notices to You

Notices from Luxe Breakers to you will be sent to the email address associated with your account and are deemed received when sent, regardless of whether you actually open or read the email.

20.11 Language

These Terms are written in English. Any translation provided is for convenience only. In the event of any inconsistency between the English version and a translation, the English version controls.

20.12 Export Controls

You agree not to use or export the Service, or any content obtained through the Service, in violation of U.S. export control laws and regulations or any other applicable law.

End of Terms of Service