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TERMS OF USE

EFFECTIVE DATE: July 2, 2020

LAST UPDATED DATE: October 22, 2022

 

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT (THE "TERMS"). . BY ACCESSING, BROWSING OR USING THE SAINT LUCA B.V. (“SAINT LUCA”) WEBSITE AVAILABLE AT WWW.SAINTLUCA.COM OR ANY WEBSITE WITH LINKS TO THIS AGREEMENT (THE “WEBSITE”) IN ANY WAY OR CLICKING AN “I ACCEPT” OR SIMILAR BUTTON, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SAINT LUCA, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS ON BEHALF OF YOURSELF OR THE COMPANY YOU WORK FOR, AND TO BIND THAT COMPANY TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST DISPUTES.

THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. 

PLEASE NOTE THAT The Terms are subject to change by SAINT LUCA in its sole discretion at any time. When changes are made, SAINT LUCA will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have provided us with your e-mail address, we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms will be effective immediately for new users of the Website and will be effective for existing users upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes. SAINT LUCA may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

 

  1. USE OF SAINT LUCA PROPERTIES

The Website and the content and information available on the Website (“SAINT LUCA PROPERTIES”) are protected by copyright laws throughout the world. Subject to the Terms, SAINT LUCA grants you a limited license to reproduce portions of SAINT LUCA Properties for the sole purpose of using the Website for your personal purposes. Unless otherwise specified by SAINT LUCA in a separate license, your right to use any SAINT LUCA Properties is subject to the Terms.

CERTAIN RESTRICTIONS. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit SAINT LUCA Properties or any portion of SAINT LUCA Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other SAINT LUCA Properties (including images, text, page layout or form) of SAINT LUCA; (c) you shall not use any metatags or other “hidden text” using SAINT LUCA’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of SAINT LUCA Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access SAINT LUCA Properties in order to build a similar or competitive website, application or service; and (g) except as expressly stated herein, no part of SAINT LUCA Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to SAINT LUCA Properties shall be subject to the Terms. SAINT LUCA, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of SAINT LUCA Properties terminates the licenses granted by SAINT LUCA pursuant to the Terms.

 

  1. ORDER AND ACCEPTANCE

2.1. ORDER ACCEPTANCE PROCESS. Each part of an order that you submit to SAINT LUCA constitutes an offer to purchase merchandise. If you have placed your order through the Website, then, after SAINT LUCA receives your order, you will receive an email from SAINT LUCA confirming receipt of your order (usually in minutes). If you do not receive an email from SAINT LUCA confirming receipt of an order that you placed, then please contact the SAINT LUCA Customer Service department at support@saintluca.com before you attempt to place another order for the same merchandise. Please note that SAINT LUCA's confirmation of receipt of your order does not equate to SAINT LUCA's acceptance of your order. SAINT LUCA is not deemed to have accepted any part of your order until the requested merchandise has been shipped and SAINT LUCA has sent a shipment confirmation email.

2.2. ORDER ISSUES. 

(A) If SAINT LUCA rejects your order due to an error in pricing and/or other information about the merchandise, then SAINT LUCA will notify you at the email address that you have provided. Once the error has been corrected, SAINT LUCA will ask you whether or not you would like to re-submit your order to purchase the relevant merchandise. If SAINT LUCA has notified you that your order has been accepted by sending you a shipment confirmation email, then you will not be required to pay a price that is greater than the price that was displayed on the Website at the time at which you placed your order. SAINT LUCA has the right to adjust prices, include additional costs and change product information such as product pictures and offers without notice. The product images and information texts available reflect the product as far as possible. We reserve the right for any errors that may appear on the page and cannot guarantee that all pictures accurately reflect the true appearance of the product. The pictures may differ depending on the colour settings on your computer. All pictures should be seen as illustrations only, and do not guarantee correct appearance and characteristics. For additional details, please review the SAINT LUCA Returns Policy available at https://saintluca.com/pages/returns-exchanges.

(B) Although it is unlikely that SAINT LUCA would refuse to accept an order, SAINT LUCA reserves the right to deny any order for any reason, including where the following situations arise: (i) insufficient information or errors in billing, payment, and/or shipping information; (ii) orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to an incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; (iii) suspected fraudulent information; or (iv) delayed shipment or unavailability of merchandise.

(C)  SAINT LUCA may refuse to accept any order if fraudulent activity is suspected. SAINT LUCA may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders. 

(D)  SAINT LUCA may refuse any order that is connected with a previous credit card dispute.

(E) UNDELIVERABLE PACKAGES.

Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, SAINT LUCA customer support team informs the client and asks for address confirmation to reship the parcel. The customer service team notifies the client with the updated tracking information after the package is reshipped. Orders that are returned to us as undeliverable a second time will not be reshipped, and the customer will receive a full refund (including shipping charges).

If you suspect your order cannot be delivered as addressed and you have not received confirmation of its return or refund after 60 days from the estimated delivery date, please contact our customer service teamvia email at support@saintluca.com and our team will check if your order has been returned to us. Please note that all packages are shipped with tracking numbers. As for the proof of delivery, we can only rely on tracking number information, so the refund is applicable just for orders with the status “confirmed as lost” or “returned to sender”.  

2.3. ORDER CANCELLATION. SAINT LUCA is liable for any goods that are damaged or lost in transit only if the receiver of the goods contacts our customer service team (support@saintluca.com) within 14 days of the delivery of the order. If the goods are lost or damaged when returning the product, the customer is liable. Cancellation is not possible after the order has been dispatched. Once the order has been dispatched, the customer is required to receive the order. You can return any unwanted items for a refund once you've received your order. Once we begin the process of producing your made-to-order items we are no longer able to cancel it, as the order is being pushed directly to our manufacturers.  Cancellation is not valid until the customer has confirmed their cancellation with SAINT LUCA by email at ( support@saintluca.com ) and their email has been acknowledged by SAINT LUCA. When the stock is unavailable, SAINT LUCA reserves the right to cancel any order. We will notify the customer of a replacement or any equivalent products when possible. If SAINT LUCA receives a package that has not been collected from the post office (or equivalent shipping office) and the customer requests to have the package sent again, the customer will be responsible for paying the re-shipment costs. An invoice will be sent to the customer and settlement of the invoice must be completed within 10 days.

2.4. RESTRICTIONS ON RESALE. In order to protect SAINT LUCA's intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. SAINT LUCA will not accept any order that is deemed to possess characteristics of reselling. SAINT LUCA reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.

 

  1. PAYMENT TERMS

3.1. PAYMENT. All prices are quoted in the denomination stated. To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“PAYMENT PROVIDER”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing SAINT LUCA with your credit card number and associated payment information, you hereby authorize SAINT LUCA to immediately charge your credit card for all fees and charges due and payable to SAINT LUCA hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. A refund can only be sent to the original payment method. If a customer no longer has access to that payment method, then they will need to contact the bank or agency for the original payment method to claim the funds after the refund is sent. You agree to immediately notify SAINT LUCA of any change in your billing address or the credit card used for payment hereunder. SAINT LUCA reserves the right at any time to change its prices and billing methods, either immediately upon posting on the SAINT LUCA Properties or by e-mail delivery to you.

3.2. RETURNS. Payments made to SAINT LUCA are subject to return in accordance with SAINT LUCA’s Returns Policy available at https://saintluca.com/pages/returns-exchanges.

3.3 COMPLAINTS TERMS AND WITHDRAWAL. It is important that the customer checks their goods when the shipment is received in order to verify that the products are not damaged and correct. If you receive your item and see that you have been sent the incorrect item or it is damaged, please contact us within  14 days. Any complaints should be made to our customer service team via email support@saintluca.com, or through our contact form on the contact page of our website. Please supply the order number and the reason for complaint and we will get back to you promptly with instructions on how to return the item. The customer is entitled to a refund of the shipping cost if the product suffers a manufacturer fault which will be decided by SAINT LUCA on receipt of the returned product. Shipping cost is refunded only if the customer informed us about the faulty product within 14 days from the delivery day. SAINT LUCA has the right to replace defective goods with goods of the same model. If the item costs less than $15 USD has been discontinued, the customer will receive a store credit.  

If the client wants to return not faulty item(s) - it is important that the returning product is packaged in such a way that it cannot be damaged in transit and the security tag attached to the strap buckle must not be removed. The purchaser has the right to return his order within 14 days from the delivery day. This right applies only in the case that the product and its original packaging can be returned in the same condition as it was received and the security tag attached to the strap buckle must not be removed. Purchasers using their right to return an order they should complete the returns section of the website. The order number and customer’s email address that was used to order will be required. Return shipping is paid by the consumer in case the item is not broken and the client wants to return it only for refund. 

For more information, please check the following links: warranty policy and refund policy. 

3.4 TAXES. All orders shipped within the European Union are tax-free. In case the order is being shipped to the delivery address outside the EU, you may be subject to import duties and taxes, which are collected when the shipment reaches your delivery address. You will be responsible for payment of such import duties and taxes. It should be noted that SAINT LUCA has no control over these charges and, since these charges are different for different countries, SAINT LUCA cannot predict their amount. SAINT LUCA advises you to contact your local customs office for further information.

3.5 DISCOUNTS AND PROMO CODES. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for your purchase or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“PROMO CODES”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official SAINT LUCA communications channels are valid. You agree that Promotional offers: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may not be combined with any other sale, offer, promotion, or gift card; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use; (vii) may be disabled by us at any time for any reason without liability to us. 

3.6 DISPUTES. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following email address support@saintluca.com.

 

  1. THIRD PARTY PAYMENT SERVICES PROVIDER

SAINT LUCA uses Stripe Inc. (“STRIPE”) and PayPal, Inc. (“PAYPAL”) as a third party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the SAINT LUCA Properties, you agree to be bound by Stripe’s Worldwide Terms of Service available at HTTPS://STRIPE.COM/US/TERMS and Privacy Policy available at HTTPS://STRIPE.COM/US/PRIVACY; and PayPal’s User Agreement available at HTTPS://WWW.PAYPAL.COM/US/WEBAPPS/MPP/UA/USERAGREEMENT-FULL and Privacy Policy available at HTTPS://WWW.PAYPAL.COM/US/WEBAPPS/MPP/UA/PRIVACY-FULL, as applicable. You hereby consent to provide and authorize SAINT LUCA, Stripe and PayPal to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.

 

  1. RESPONSIBILITY FOR CONTENT

5.1 TYPES OF CONTENT. You acknowledge that all Content, including SAINT LUCA Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not SAINT LUCA, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“MAKE AVAILABLE”) through SAINT LUCA Properties (“YOUR CONTENT”), and that you and other Users of SAINT LUCA Properties, and not SAINT LUCA, are similarly responsible for all Content they Make Available through SAINT LUCA Properties (“USER CONTENT”).

5.2 NO OBLIGATION TO PRE-SCREEN CONTENT. You acknowledge that SAINT LUCA has no obligation to pre-screen Content (including, but not limited to, User Content), although SAINT LUCA reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that SAINT LUCA pre-screens, refuses or removes any Content, you acknowledge that SAINT LUCA will do so for SAINT LUCA’s benefit, not yours. Without limiting the foregoing, SAINT LUCA shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

 

  1. OWNERSHIP

 6.1 SAINT LUCA PROPERTIES. You agree that SAINT LUCA and its licensors and suppliers own all rights, title and interest in SAINT LUCA Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying SAINT LUCA Properties.

6.2 TRADEMARKS. SAINT LUCA’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with SAINT LUCA Properties are the trademarks of SAINT LUCA and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in SAINT LUCA Properties are the property of their respective owners.

6.3 OTHER CONTENT. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in SAINT LUCA Properties.

6.4 YOUR CONTENT. SAINT LUCA does not claim ownership of Your Content. However, when you as a user post or publish Your Content on or in SAINT LUCA Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

6.5 LICENSE TO YOUR CONTENT. Subject to any applicable account settings that you select, you grant SAINT LUCA a fully-paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing SAINT LUCA Properties to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of SAINT LUCA Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not SAINT LUCA, are responsible for all of Your Content that you Make Available on or in SAINT LUCA Properties.

 

  1. FEEDBACK

You agree that submission of any ideas, suggestions, documents, and/or proposals to SAINT LUCA (“FEEDBACK”) is at your own risk and that SAINT LUCA has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to SAINT LUCA a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of SAINT LUCA Properties.

 

  1. USER CONDUCT

As a condition of use, you agree not to use SAINT LUCA Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through SAINT LUCA Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without SAINT LUCA’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of SAINT LUCA; (vi) interferes with or attempts to interfere with the proper functioning of SAINT LUCA Properties or uses SAINT LUCA Properties in any way not expressly permitted by the Terms; or (vii) to attempt or engage in, any potentially harmful acts that are directed against SAINT LUCA Properties, including but not limited to violating or attempting to violate any security features of SAINT LUCA Properties, introducing viruses, worms, or similar harmful code into SAINT LUCA Properties, or interfering or attempting to interfere with use of SAINT LUCA Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” SAINT LUCA Properties.

 

  1. INTERACTIONS WITH OTHER USERS

9.1 USER RESPONSIBILITY. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that SAINT LUCA reserves the right, but has no obligation, to intercede in such disputes. You agree that SAINT LUCA will not be responsible for any liability incurred as the result of such interactions.

9.2 CONTENT PROVIDED BY OTHER USERS. SAINT LUCA Properties may contain User Content provided by other users. SAINT LUCA is not responsible for and does not control User Content. SAINT LUCA has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.

 

  1. THIRD-PARTY WEBSITES

 SAINT LUCA Properties may contain links to third-party websites ( “THIRD-PARTY WEBSITES”). When you click on a link to a third-party website, we will not warn you that you have left SAINT LUCA Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of SAINT LUCA. SAINT LUCA is not responsible for any Third-Party Websites. SAINT LUCA provides these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services. You use all links in Third-Party Websites at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.

 

  1. INVESTIGATIONS

SAINT LUCA may, but is not obligated to, monitor or review the Website at any time. Without limiting the foregoing, SAINT LUCA shall have the right, in its sole discretion, to remove any content for any reason (or no reason), including if such content violates the Terms or any applicable law. Although SAINT LUCA does not generally monitor user activity, if SAINT LUCA becomes aware of any possible violations by a user of any provision of the Terms, SAINT LUCA reserves the right to investigate such violations, and SAINT LUCA may, at its sole discretion, immediately terminate the user’s license to use the SAINT LUCA Properties, or change, alter or remove any content, in whole or in part, without prior notice.

 

  1. PRIVACY

You agree to the terms of our privacy policy available at https://saintluca.com/pages/privacy-policy. 

 

  1. INDEMNIFICATION.

You agree to indemnify and hold the SAINT LUCA Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, SAINT LUCA Properties; (b) your violation of the Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules or regulations. SAINT LUCA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SAINT LUCA in asserting any available defenses. You agree that the provisions in this section will survive any termination of the Terms or your access to SAINT LUCA Properties.

 

  1. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SAINT LUCA PROPERTIES IS AT YOUR SOLE RISK, AND SAINT LUCA PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SAINT LUCA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SAINT LUCA PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SAINT LUCA PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SAINT LUCA PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) ANY ERRORS IN SAINT LUCA PROPERTIES WILL BE CORRECTED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

  1. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY SAINT LUCA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SAINT LUCA PROPERTIES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SAINT LUCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE SAINT LUCA PROPERTIES OR (2) ANY OTHER MATTER RELATED TO SAINT LUCA PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO SAINT LUCA PROPERTIES SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE AMOUNT RECEIVED BY SAINT LUCA AS A RESULT OF YOUR USE OF SAINT LUCA PROPERTIES OR (B) ONE HUNDRED DOLLARS ($100). YOU AND SAINT LUCA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, SAINT LUCA PROPERTIES OR ANY CONTENT POSTED ON SAINT LUCA PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAINT LUCA AND YO