Steel American Luxury
Website Terms of Use
DATE: December 7, 2022

A.     INTRODUCTORY TERMS

EFFECTIVE DATE: December 7, 2022

     These terms and conditions (these “Terms of Use”) constitute a binding agreement between, on the one hand, each individual or entity that accesses, uses, and/or creates a user account with the STEEL American Luxury web site (https://lamaisonsteel.com), the STEEL American Luxury service, and/or any programs, web sites, applications, software, and/or platforms made available by, on, through, or in connection with the STEEL American Luxury web site and/or the STEEL American Luxury service (together, the “Service”), and, on the other hand, STEEL American Luxury, LLC (“SAL”).  These Terms of Use govern your access and use of the Service, and affect your legal rights and obligations – by accessing and/or using the Service you agree to be bound by these Terms of Use.  Before accessing or using the Service, please read these Terms of Use; if you do not agree to be bound by all of these Terms of Use, please do not access or use the Service.  If you have any questions or concerns regarding these Terms of Use, please contact SAL at info@lamaisonsteel.com.

     SAL reserves the right to change, modify, add or remove portions of these Terms of Use (“Updated Terms”) at any time in its sole discretion.  It is your responsibility to periodically check these Terms of Use for changes.  You agree that your access and/or use of the Service after the posting date of Updated Terms shall constitute your acceptance of and agreement to Updated Terms.  Updated Terms shall be effective as of the time of their public posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward.  These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

ARBITRATION NOTICE: BY ACCESSING OR USING THE SERVICE, HOWEVER ACCESSED, YOU AGREE THAT DISPUTES BETWEEN YOU AND SAL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS MORE FULLY SET FORTH BELOW.

 

B.     SAL’S OWNERSHIP OF THE SERVICE & ITS CONTENT

     1.     The Service, as well as all designs, text, graphics, user interfaces, visual interfaces, images, trademarks, logos, materials, sounds, and computer code contained in and/or made available on or through the Service (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, is owned, controlled, or licensed by or to SAL, and is protected by copyright, trademark, trade dress, patent, and various other intellectual property and unfair competition laws.

     2.     “Steel American Luxury”, and all other product and service names, slogans, and logos contained in the Service, are trademarks of SAL and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SAL or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Steel American Luxury” or any other name, slogan, logo, trademark or product or service name of SAL without our prior written permission.

     3.     Except as expressly provided in these Terms of Use, no part of the Service and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, web site, or other channel or medium for publication or distribution or for any commercial enterprise or purpose, without SAL’s express prior written consent.

C.     BASIC TERMS AND CONDITIONS OF ACCESS/USE OF THE SERVICE

     1.     Notwithstanding any of these Terms of Use, SAL reserves the right, without notice and in its sole discretion, to suspend, prohibit, or discontinue any person’s access and/or use of the Service, and/or to terminate any person’s license to use the Service, and/or to cease doing business through the Service with any person, for any reason whatsoever. By accessing and using the Service, however accessed, you understand and agree that SAL may stop providing all or part of the Service to you at any time and for any reason, including, but not limited to, in the event SAL determines in its sole discretion that you violated the letter or spirit of these Terms of Use, in the event SAL determines in its sole discretion that your access and/or use of the Service otherwise creates possible risk or legal exposure for SAL or any other person or entity, or for any other reason whatsoever in SAL’s sole discretion.  By accessing and using the Service, however accessed, you further understand and agree that, in the event SAL chooses in its sole discretion to stop providing all or part of the Service to you, you shall have not have any recourse against SAL whatsoever.  The provisions of these Terms of Use governing intellectual property rights, and the disclaimers, indemnities, and limitations of liability set forth in these Terms of Use, shall survive SAL’s suspension, prohibition, or discontinuation or any person’s access and/or use of the Service, SAL’s termination of any person’s license to use the Service, and SAL’s ceasing to do business through the Service with any person.

     2.     By accessing and using the Service, however accessed, you understand and agree that you are responsible for all data charges that you incur through your access and/or use of the Service.

     3.     You may not pretend that you are, or that you represent, someone else, or otherwise engage in conduct via the Service that impersonates another person in a manner that does or is intended to mislead, confuse, or deceive others.

     4.     You must not change modify, adapt, or alter the Service or change, modify, or alter any other program, web site, application, software, and/or platform so as to create or imply a false affiliation, connection, or association with the Service and/or SAL.

     5.     You must not defame, stalk, bully, abuse, harass, or threaten persons or entities via the Service. 

     6.     You must not publicly post or otherwise make publicly available any private or confidential information via the Service, including, without limitation, your or any other person’s or entity’s credit card information, social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses.

     7.     You must not use or engage in conduct via the Service, or use any Content, for any purpose that infringes or violates any legal right of SAL or any third party, including, without limitation, copyright, trademark, publicity, privacy, property, and/or confidentiality rights, or to solicit the performance of any illegal activity that infringes or violates any legal right of SAL or any other person or entity.

     8.     You must not solicit other users of the Service or otherwise use the Service for unauthorized marketing purposes, including, without limitation, by creating or submitting unwanted email, comments, likes, or other forms or commercial and/or harassing communications (including, without limitation, “spam” communications”) to any other users of the Service, or soliciting, collecting, or using account information and/or login credentials of any other users of the Service.

     9.     You must not use the Service for, or in furtherance of, any illegal, illicit, or unauthorized purpose. By using the Service, you agree to comply with all laws, rules, and regulations (whether federal, state, local, provincial, or otherwise) applicable to your use of the Service, including but not limited to, all applicable copyright and trademark laws, rules, and regulations.

     10.     You must not attempt to restrict another user from using or enjoying the Service, and you must not encourage or facilitate violations of any of these Terms of Use.

D.     USERS’ LICENSE TO ACCESS & USE THE SERVICE

     1.   In consideration of the rights granted and obligations entered into by you under these Terms of Use, SAL grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to non-commercial access and use of the Service, and to electronically copy (except where prohibited without a license) and print hard copies of portions of Content on the Service for your informational, non-commercial and personal use only, provided that such license shall be conditioned upon your maintenance of all copyright, trademark, and proprietary rights notices displayed or used within the Service as well as your full compliance with these Terms of Use. Such license is subject to these Terms of Use in their entirety, and specifically does not include: (a) any resale or commercial use of the Service or any Content; (b) the collection or use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance, or public display (included but not limited to online public display) of any Content; (d) modifying or otherwise making any derivative uses of the Service or any Content, or any portion, aspect or element thereof; (e) downloading (other than page caching), harvesting, or scraping of any portion, aspect or element of the Service or any Content, or otherwise using any manual or automated software devices or other processes (such as, e.g., data mining, “bots”, “spiders”, other automated tools or similar data gathering and extraction methods) to index or collect any information or Content from the Service or any user of the Service; (f) causing to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements, or anything else which minimizes, covers, or frames or inhibits the full display of the Service and all of its Content; (g) modifying, adapting, translating, reverse-engineering, decompiling, disassembling, or converting into human-readable form, any portion, aspect or element of the Service or Content not intended to be so read, including using or directly viewing the underlying HTML or other code of the Service and/or Content except as interpreted and displayed in a web browser; (h) any action which in any way interferes with the normal operation of the Service; or (i) any use of the Service or any Content other than for its intended purpose.

     2.     Any use of the Service or any Content other than as specifically authorized herein, without the prior written permission of SAL, is strictly prohibited and will result in termination of the licensed granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communication regulations and statutes.  Unless expressly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.  This license is revocable at any time and for any reason in SAL’s sole discretion.

     3.     At all times, as between you and SAL, SAL shall retain all right, title, and interest in the Content as well as all proprietary rights therein, without limitation. The foregoing limited license for you to access and use the Service and the Content is not intended to transfer any ownership rights in the Service or any of the Content or any proprietary rights therein, without limitation. 

E.     PURCHASE ORDERS

     1.     YOU MUST BE AT LEAST 18 YEARS OLD TO MAKE A PURCHASE ORDER THROUGH THE SERVICE. BY SUBMITTING A PURCHASE ORDER THROUGH THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.  If SAL discovers or is of the opinion (as to which SAL shall have sole discretion) that you are not legally entitled to make certain purchases through the Service, SAL shall be entitled to cancel your order immediately, without notice. 

     2.     If you wish to purchase a product offered for sale through the Service, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information.  Any such information will be treated as described in our Privacy Policy (available at https://lamaisonsteel.com/pages/privacy-policy).  All information that you provide to us or to our third-party payment processor must be accurate, current, and complete.  BY SUBMITTING A PURCHASE ORDER THROUGH THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION.  You agree to pay all charges incurred by you or any user of you account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred.  You will also be responsible for paying any applicable shipping costs and/or taxes relating to your purchases.  All purchase orders through the Service are subject to credit approval.  Verification of information applicable to a purchase may be required prior to our acceptance of any order. 

     3.     SAL reserves the right, for any reason in its sole discretion and at any time after receiving your order, to accept, refuse, place on hold, decline, or cancel any order you submit to us even after your receipt of an order confirmation. (Understand that your receipt of an email order confirmation does not signify SAL’s acceptance of your order or a confirmation of our offer to sell, but rather is simply an acknowledgement that we received your order.)  SAL reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product.  SAL shall not be liable to anyone for withdrawing any product from the Service or for refusing to accept any order.

     4.     After receiving your order, SAL may contact you to request clarification, additional or missing information regarding your order or your account.  It is your sole responsibility to deliver the additional information to SAL in a timely manner.  SAL reserves the right, in its sole discretion, to place your order on hold or cancel your order if the requested information is not received in a timely and complete manner. 

     5.     In the event SAL changes or cancels an order, we will attempt to notify you by contacting the email address and/or phone number provided at the time the order was submitted. If your order is cancelled by SAL, SAL will issue a refund according to these terms.

     6.     Purchases of commercial quantities of products through the Service is not permitted without SAL’s prior written authorization. SAL reserves the right to place further limits or restrictions on product orders in its sole discretion.

F.     SHIPPING & DELIVERY

     1.     All shipping costs will be displayed at the time of purchase. Standard domestic shipping for orders placed through the Service is generally free. Shipping fees may apply to expedited domestic shipping options, international shipping, and for certain products.

     2.    SAL offers international shipping on most products, subject to CITES treaties, destination customs laws, and other applicable law. Shipping time for particular destinations will vary depending upon importation and inspection processes and other requirements, and so time between purchase and delivery may vary greatly. SAL will provide shipping updates and other information as it becomes available and upon your request. After placing an order, if SAL determines that certain products or materials are prohibited or restricted for delivery to the selected destination, you will be promptly notified, and SAL will contact you to make further arrangements or provide further instructions. Where SAL determines, in its sole discretion, that shipment of your purchase to your selected destination is not feasible, SAL will promptly notify you, and your payments associated with the purchase will be refunded. 

     3.    Shipping times will vary by product and destination. SmrtKuff™ orders will typically ship within 2 days domestically and 5 days internationally. Sculpture orders will typically be shipped within 2-3 weeks if limited edition, or within 12-16 weeks if ordered from the collection. SAL will provide shipping updates and other information as it becomes available and upon your request.

     4.    Products meeting certain requirements will be fully insured while in transit, from the time it is shipped to the time you receive and sign for it.

     5.     Because our products are high-value items, your package will need to be signed for at the shipping address upon delivery; customers are responsible for coordinating and accepting delivery from the shipping carrier.

     6.     Although we will make every effort to ship your order as soon as possible, delays do occur at times. As such, please understand that all estimated shipping dates regarding your order and/or shipment timeframes provided by SAL are for reference only, and shall not be considered a guarantee, warranty, or commitment by SAL that your order will be delivered on any specific date or within any specific timeframe.  Since the actual delivery of your order may be impacted by events beyond SAL’s control once it has shipped, SAL cannot be held liable for late deliveries.

G.     ORDER CANCELLATION POLICY

     1.    Any product order you place through the Service may only be cancelled in accordance with the cancellation or refund policy provided on the product page, and further according to these Terms.

     2.     When you place an order with us, you will be charged the total amount of the order.

     3.    Standard Cancellation & Refund: You may cancel an order (other than for limited edition products, as explained below) only within fourteen (14) days of placing your order. If you cancel an order within fourteen (14) days of placing your order, you will be refunded fifty percent (50%) of the total amount of your order; the remaining fifty percent (50%) of the total amount of your order is non-refundable, and will not be returned. Following fourteen (14) days after placing your order, you may not cancel your order, return your order, or obtain a refund on your order. 

     4.    Restricted Cancellation & Refund: All orders for products that are identified as limited drops, limited edition, any third party sales or products, STEEL sculptures, bespoke items, and clothing are final sale, non-refundable, and cannot be cancelled, returned, or refunded.

     5.    SmrtKuff™ Cancellation & Refund: Cancellation available until the time of shipment. Returns available within 14 days of delivery, with refund amount subject to deductions for shipping and 10% restocking fee. Products must be returned in new and unworn condition, with all original packaging, tags, and certificates of authenticity. Any products returned without their original packaging and documentation will be rejected. Any products that are resized, altered, or otherwise damaged after delivery, won't be accepted for return. Additionally, products that have been personally registered to the blockchain may not be returned.

     6.     If you would like to cancel an order or have any other inquiries regarding your order, please contact us at info@lamaisonsteel.com for further instructions and arrangements.

H.     PRODUCT VARIATIONS ; PRODUCT INFORMATION MADE AVAILABLE ON THE SERVICE

     1.     SAL makes every effort to ensure that the Service is as accurate and complete as possible at all times. However, from time to time, information or materials on the Service concerning products, including but not limited to prices, may be out of date or inaccurate due to system, typographical, or other errors.  While we make every attempt to avoid these errors, they do occur.  SAL reserves the right to discontinue or change descriptions, images, references, features, content, specifications, prices, and availability of products offered on or though the Service at any time without prior notice, in its sole discretion.  The inclusion of any product on the Service at a particular time does not imply or warrant that such product will be available at any other time.  SAL further reserves the right to refrain from honoring inaccurate or erroneous prices, even after an order has been placed; errors in advertised prices are not binding on SAL, and may be adjusted by SAL at any time.  SAL shall have the right to refuse or cancel orders placed for a product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged.  We apologize for any inconvenience this may cause.  If you have any questions about any product, please do not hesitate to contact us at info@lamaisonsteel.com.

     2.     SAL makes reasonable efforts to accurately display the attributes of our products, including the applicable sizes and colors. However, some products displayed on the Service may appear larger or smaller than their actual size in our photographs, and, since every computer monitor is set differently, color and size may vary slightly.  Accordingly, we cannot guarantee that your screen will accurately display product colors and sizes.

     3.     All of our bags are made from the finest grain leather and exotic leather and skins. Exotic leathers are unique, natural, and derive from a variety of animal hides.  Due to the nature of exotic leathers, no two bags are ever the same.  Colors, dye lots, and textures may vary. 

I.     PROMOTIONS

     1.     Any promotions made available through the Service may be governed by rules that are separate from these Terms.  If you participate in any promotions, please review the applicable rules as well as our Privacy Policy.  If the rules for a promotion conflict with these Terms or our Privacy Policy, the promotion rules shall apply.

J.     USER ACCOUNT ENROLLMENT

     1.     Certain features or services offered on or through the Service may require you to create a user account. You may create a user account with the Service by registering your name, providing certain information about yourself, and creating a password.  You agree that you will provide complete, current and accurate information about yourself as requested when creating a user account with the Service.  You further agree that you will update your user account information as necessary to maintain its truth and accuracy.

     2.     BY CREATING A USER ACCOUNT WITH THE SERVICE, YOU AGREE THAT YOU ARE AND SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN VIA YOUR USER ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.

     3.     You are responsible for keeping your user account’s membership credentials (including, without limitation, your password) secret and secure, and for restricting access to your user account (including the information you provide for your account). You agree not to disclose your user account’s membership credentials (including, without limitation, your password) to any third party.  You agree to immediately notify SAL of any unauthorized use of or access to your user account or password, or any other breach of security.  You may be held liable for losses incurred by SAL or any other user of or visitor to the Service due to someone else using your SAL user account or password as a result of your failing to keep your account information secure and confidential.  SAL cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

     4.     You may maintain only one user account at any time.

     5.     You may not use anyone else’s user account without the express permission and consent of the holder of that account.

     6.     By registering a user account with the Service, you represent and warrant that you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and, if you create a user account on behalf of a legal entity, that you are authorized to enter into an agreement on behalf of that legal entity and bind that entity to these Terms of Use.

     7.     SAL reserves the right to suspend and/or force forfeiture of any user account for any reason at any time, without limitation. If we suspend and/or force forfeiture of your user account, you must stop using all user accounts with the Service and must not create any new user accounts, and all licenses and other rights granted to you pursuant to these Terms of Use will immediately cease and be rendered null and void.

     8.     By registering a user account with the Service, you acknowledge and agree that paid services, sponsored content, and commercial communications may appear as part of the Service, and may not always be identified as such. By registering a user account with the Service, you further agree and consent to receive emails and other communications about the Service, special offers, new products, and/or for other marketing and/or promotional purposes. 

K.     USER SUBMITTED CONTENT

     1.     During your access and use of the Service, you may, from time to time, create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post information, materials, and/or communications on, through, or via the Service through your user account (collectively, “User Submitted Content”). With respect to all User Submitted Content that you create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post via the Service, you acknowledge and agree that, by and upon your creation, submission, uploading, reproduction, distribution, entering, transmission, public display, and/or posting of such User Submitted Content, you grant SAL a non-exclusive, irrevocable, fully transferable and sub-licensable, perpetual, worldwide, fully-paid, royalty-free right and license to use, reproduce, transmit, communicate to the public, print, publish, publicly display, publicly perform, exhibit, distribute, redistribute, license, sub-license, copy, index, comment upon, modify, adapt, translate, create derivative works based upon, make available, and otherwise exploit, in whole or in part, in all languages, anywhere in the world, by all means, methods, processes, and media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner or frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity, such User Submitted Content.  You acknowledge and agree that this license includes the right for SAL to use User Submitted Content for any reason, including, without limitation, to provide, promote, and improve the Service, to develop, manufacture, and/or market its products, and/or for any other commercial purpose.  You further acknowledge and agree that this license will survive termination of your user account.  DO NOT SUBMIT ANY USER SUBMITTED CONTENT VIA THE SERVICE WITH RESPECT TO WHICH YOU DO NOT DESIRE TO GRANT SUCH RIGHTS TO SAL.     

     2.     You acknowledge and agree that you are solely responsible for any and all User Submitted Content created, uploaded, submitted, posted, utilized, publicly displayed, distributed, and/or otherwise used on or via the Service through your user account.

     3.     You may not create, submit, upload, reproduce, distribute, enter, transmit, publicly display, and/or post any User Submitted Content that:

     4.     By creating, submitting, uploading, reproducing, distributing, entering, transmitting, publicly displaying, and/or posting User Submitted Content via the Service, you represent and warrant that:

     1.     You must not interfere or disrupt the Service or any servers or networks connected to the Service, including, but not limited to, by transmission of any worms, viruses, spyware, malware, or any other harmful program or code of a destructive or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page within the Service is rendered or displayed in a user’s browser or device. 

     2.     You may not use any “deep-link”, “page-scrape”, “bot”, “spider”, “crawler”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion, aspect, or element of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service, or to create user accounts with the Service. SAL reserves the right to bar any such activity, or to prohibit access to the Service to any person who SAL believes in its sole discretion to be engaging in any such activity.

     3.     You may not attempt to grain unauthorized access to any portion, aspect, or element of the Service or any Content, or any other systems or networks connected to the Service or to any SAL server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate or illicit means.

     4.     You may not probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor of the Service, or any other customer of SAL, including any SAL account not owned by you, to its source, or exploit the Service or any service or information or Content made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.

     5.     You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or SAL’s systems or networks, or any systems or networks connected to the Service or to SAL.

     6.     You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on or through the Service, or with any other person’s access and/or use of the Service.

     7.     You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SAL on or through the Service or any service offered on or through the Service.

     8.     Although it is SAL’s intention for the Service to be available as much as possible, there may be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You acknowledge and agree that SAL will not be liable to you for any modification, suspension, or discontinuance of the Service, or for the loss of any User Submitted Content.  You also acknowledge and agree that the internet may be subject to breaches of security, and that the submission of User Submitted Content or other content, materials, or information via the Service therefore may not be secure.  

M.     THIRD PARTY LINKS PROVIDED ON THE SERVICE

     If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  Such links may include links contained in advertisements, including banner advertisements and sponsored links.  SAL has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damages that may arise from your use or access thereof.  If you choose to access any third party program, web site, application, software, and/or platform linked to this Service, you do so entirely at your own risk, and subject to the terms and conditions of use for such program, web site, application, software, and/or platform.

N.     ADVERTISEMENTS AND PROMOTIONS ON THE SERVICE

     SAL may run advertisements and promotions from third parties on the Service.  Your business dealings or correspondence with, or participation in promotions of, advertisers other than SAL, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.  SAL is not responsible or liable for any loss or damage whatsoever incurred as a result of any such dealings or as the result of the presence of such non-SAL advertisers on the Service.

O.     GENERAL TERMS AND CONDITIONS FOR NON-FUNGIBLE TOKENS

      While using the Services, you may have the opportunity to earn, purchase, receive, or otherwise acquire non-fungible tokens (“NFT”) minted on certain blockchain networks or public ledgers.  NFTs may be acquired in relation to your purchase of goods or services through or related to the Services, during purchase opportunities or other events such as auctions or contests, or in other instances which SAL may make available to you from time to time.  Acquisition of NFTs may be subject to additional terms and conditions that are specific to the particular transaction, sale, auction, contest, or other event through which they are acquired (“NFT Terms”).  Such NFT Terms may be provided to you via the Services and may also be contained within or linked to the NFT itself.

     No content provided by the Service is provided as, or should be construed as, investment advice or a recommendation to buy, sell, or otherwise transact in any products or services as any investment activity, and no NFT provided by or in association with the Service is provided as or intended to be an investment. No content provided by the Service constitutes financial advice, and you agree not to rely upon any content of the Service for such purpose. It is strongly recommended that you seek professional investment advice before making any investment decision. Any investment decision that you make should be based on an assessment of your risks in consultation with your investment adviser

    NFTs may include or be associated with (i) usage rights for multimedia content in the form of images, audio, video, text, or other forms (“NFT Content”) and (ii) other benefits, such as exclusive access to SAL’s software or features, discounts for SAL’s and/or third party goods and/or services, and other benefits (“NFT Benefit”).  Particular NFT Content and NFT Benefits are as described in the applicable NFT Terms.

    Particular NFT Terms will also indicate whether you are purchasing and acquiring the NFT, or whether you are acquiring the NFT at no cost (e.g., as a gift, as a contest winner).  Any payment made to SAL for directly purchasing NFTs is final and non-refundable, and you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Services.   All other payments made to SAL will be subject to SAL’s standard purchase and cancellation policies provided above.

    Subject to your continued compliance with these Terms of Use and any applicable NFT Terms, SAL grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the NFT Content associated with your NFT, solely for your own personal, non-commercial use.  You agree that your rights to NFT Content do not place an obligation on SAL or any other party to provide you data, files, or other materials that embody the NFT Content.  You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without express prior written consent in each case: (a) modify the NFT Content in any way; (b) use the NFT Content to advertise, market, or sell any product or service; (c) use the NFT Content in any way in connection with text, images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or objectionable material, or otherwise infringe upon the rights of others; (d) use the NFT Content in images, movies, videos, or any other forms of media, except to the limited extent that such use is solely for your own personal, non-commercial use; (e) sell, offer to sell, distribute, or otherwise commercialize merchandise that includes, contains, or consists of the NFT Content; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the NFT Content; or (g) otherwise utilize the NFT Content for your or any third party’s commercial benefit.

    Your rights associated with any NFT Content or NFT Benefit are subject to your compliance with these Terms of Use and any NFT Terms associated with your acquisition of the corresponding NFT.  Your receipt or use of any NFT Benefits may also be subject to third party terms and conditions, such as where your NFT Benefit may be redeemed, activated, or otherwise utilized through a third party website or service.  While you may transfer your NFT to another person, any underlying rights to NFT Content or NFT Benefits associated with your NFT are only transferable with that NFT to the extent that the recipient also accepts these Terms of Use and any NFT Terms, and any licenses granted by these Terms of Use or any NFT Terms will immediately expire upon such a transfer.  Further, SAL may, at SAL’s sole and absolute discretion and for any reason, revoke or modify any NFT Benefit with or without notice to you or any third party.

    YOU WAIVE AND HOLD SAL AND ANY SAL AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM YOUR PURCHASE OF NFT, OR ANY NFT CONTENT OR NFT BENEFITS ASSOCIATED THEREWITH.

    YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY.

    WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR PURCHASE OF NFT, OR USE OF ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES, ANY NFT BLOCKCHAIN OR NETWORK, OR ANY ELECTRONIC WALLET.

    NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN UNDERLYING BLOCKCHAIN OR NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON DECENTRALIZED LEDGERS WITHIN THOSE NETWORKS. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS OR ANY OTHER ASPECT OF ANY NFT NETWORK.

    WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFT NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFT NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

P.     DIGITAL MILLENNIUM COPYRIGHT ACT

     SAL respects the intellectual property rights of others, and expects users of the Service to do the same. SAL will respond to notices of alleged copyright infringement that comply with applicable law and are properly delivered to us.  SAL reserves the right to remove content on the Service alleged to be infringing without prior notice and in its sole discretion.  In appropriate circumstances, SAL will also terminate the account of a user determined to be a repeat infringer.

     If you believe that your work has been copied or used via the Service in a way that constitute copyright infringement, you may notify SAL by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512): 

            [i]        The copyright owner’s name (or company name), your full legal name, title, job position, and relationship to the copyright owner, and your full mailing address, telephone number, and email address.

            [ii]       A description of the copyrighted work that you claim has been infringed.

            [iii]      A description of the material on the Service that you claim is infringing (including a description of where such material is located [e.g., URL]).

            [iv]      A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, any agent thereof, or the law.

            [v]       A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or a person authorized to act on the copyright owner’s behalf.

            [vi]      An electronic or physical signature of the person authorized to act on the copyright owner’s behalf.

     SAL’s Agent for notices of claims of copyright infringement occurring on the Service can be reached as follows:

DMCA Designated Agent
Steel American Luxury, LLC
c/o Ferdinand IP, LLC
450 Seventh Avenue, Suite 1300
New York, NY 10123
Email: info@lamaisonsteel.com 

     Inquiries that do not comply with all of the requirements of 17 U.S.C. § 512 may not be effective.  Please be aware that if you knowingly materially misrepresent that material, content, or activity on the Service infringes upon your copyright, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f).

Q.     DISCLAIMER OF WARRANTIES

     1.     THE SERVICE, ITS CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. SAL AND ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, AND AGENTS (COLLECTIVELY, THE “SAL DISCLAIMING PARTIES”) DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. 

     2.     THE SAL DISCLAIMING PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS CONTENT, OR PRODUCTS OFFERED THEREIN, ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SAL DISCLAIMING PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL.  YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. 

     3.     THE SAL DISCLAIMING PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SAL DISCLAIMING PARTIES SPECIFICALLY DISCLAIM ANY SUCH WARRANTY. (SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.)  BY ACCESSING OR USING THE SERVICE, HOWEVER ACCESSED, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

     4.     THE SAL DISCLAIMING PARTIES DO NOT ENDORSE ANY CONTENT OR MATERIAL MADE AVAILABLE ON OR THROUGH THE SERVICE, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUCH CONTENT.

     5.     NO STATEMENT OF THE SAL DISCLAIMING PARTIES OR ANY OF THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

 R.     LIMITATION OF LIABILITY

     1.     UNDER NO CIRCUMSTANCES WILL THE SAL DISCLAIMING PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, ITS CONTENT, ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SERVICE, YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE OR ANY PRODUCTS OFFERED THEREIN, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SAL DISCLAIMING PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION OR ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SAL DISCLAIMING PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SAL DISCLAIMING PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.  (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)  IN NO EVENT WILL THE SAL DISCLAIMING PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). 

     2.     YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ACTS OR OMISSIONS OF ANY OF THE SAL DISCLAIMING PARTIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PROGRAM, WEB SITE, APPLICATION, SOFTWARE, PLATFORM, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ANY OF THE SAL DISCLAIMING PARTIES (INCLUDING, WITHOUT LIMITATION, THE SERVICE), AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY PROGRAM, WEB SITE, APPLICATION, SOFTWARE, PLATFORM, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY ANY OF THE SAL DISCLAIMING PARTIES (INCLUDING, WITHOUT LIMITATION, THE SERVICE).

     3.     YOU AGREE THAT THE SAL DISCLAIMING PARTIES’ PRODUCTS AND SERVICES MAY CONTAIN, BE CONTAINED WITH, INCORPORATED INTO, ATTACHED TO, COMBINED WITH, USED WITH, OR PACKAGED TOGETHER WITH PRODUCTS MANUFACTURED OR PROVIDED BY A THIRD PARTY (“THIRD PARTY PRODUCTS”). YOU ACKNOWLEDGE THAT THE SAL DISCLAIMING PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY PRODUCTS. THE SAL DISCLAIMING PARTIES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, RELATING TO SUCH THIRD PARTY PRODUCTS, OR RELATING TO THE USE OF SAL’S PRODUCTS WITH SUCH THIRD PARTY PRODUCTS.

      4.     IN NO EVENT SHALL THE SAL DISCLAIMING PARTIES’ LIABILITY TO YOU BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM. (NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)

 S.     INDEMNIFICATION

     1.     You (and also any third party for whom you operate an account or conduct any activity on the Service) agree to defend (at SAL’s request), indemnify, and hold harmless SAL, its independent contractors and consultants, and their respective directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (a) your access or use of the Service, including but not limited to with respect to User Submitted Content; (b) your purchases, orders, and transactions with SAL; (c) your breach or alleged breach of these Terms of Use (including, without limitation, breach or alleged breach of any representation, warranty, or obligation set forth herein, or your breach or violation of any NFT Terms); (d) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (e) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (f) any misrepresentation made by you.

     2.     You will cooperate as fully required by SAL in the defense of any such claim. SAL reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of SAL.

 T.     ARBITRATION

     1.     For any dispute you have with SAL, you agree to first contact us at info@lamaisonsteel.com and attempt to resolve the dispute informally.

     2.     For any dispute that cannot be resolved informally, you agree that any dispute that you have with SAL (whether or not such dispute involves a third party), including, without limitation, disputes related to these Terms of Use, your use of the Service, and/or copyright, trademark, publicity and/or privacy rights, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes, and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules.  You may bring claims only on your own behalf.  Neither you nor SAL will participate in class action or class-wide arbitration for any claims covered by these Terms of Use.  You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if SAL is a party to the proceeding.  This dispute resolution provision will be governed by the Federal Arbitration Act.  In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either SAL or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.  Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.  Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

     3.     If the prohibition against class actions and other claims brought on behalf of third parties set forth hereinabove is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This Arbitration provision of the Terms of Use will survive the termination of your relationship with SAL.

     4.     SAL reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with SAL.

U.     TIME LIMITATION ON CLAIMS

     You agree that any claim you may have arising out of or related to the Service and/or your relationship with SAL must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

V.     ADDITIONAL PROVISIONS

     1.     These Terms of Use are governed by and construed in accordance with the Federal Arbitration Act, applicable United States federal law, and the laws of the State of New York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

     2.     For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with SAL exclusively in a United States state or federal court located in the State of Illinois, and to irrevocably and unconditionally submit to the personal jurisdiction of the courts located in the State of Illinois for the purpose of litigating all such disputes.

     3.     If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. SAL’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any other provision or right set forth in these Terms of Use. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition set forth in these Terms of Use.  Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. 

     4.     The parties to these Terms of Use are independent contractors with respect to each other. These Terms of Use do not constitute and shall not be construed as constituting the parties as principal and agent, employer and employee, partners, joint venturers, or any similar relationship. These Terms of Use do not confer any third-party beneficiary rights other than as expressly provided for herein.  Each party will bear its own costs and expenses in performing these Terms of Use. 

     5.     You may not assign any of your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of SAL. Any purported assignment or delegation by you without the appropriate prior written consent of SAL will be null and void.  SAL may assign these Terms of Use or any rights hereunder without your consent.  Subject to the foregoing, these Terms of Use will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns. 

     6.     The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SAL to any registration requirement within such jurisdiction or country.  SAL reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in their sole discretion, and to limit the quantities of any content, program, product, service or other feature provided within the Service.

     7.     SAL does not represent or warrant that the Service or any part thereof or any products offered through the Service is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

     8.     Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

     9.     These Terms of Use, our Privacy Policy, and any applicable NFT Terms constitute the entire agreement between you and SAL regarding the Service and governs your access and use of the Service, superseding any prior agreements between you and SAL regarding the Service.

 

STEEL American Luxury - Owner NFT

 

• Your purchase of certain STEEL American Luxury (“SAL”) products will make you eligible to receive a unique NFT associated with your product(s) (each an “Owner NFT”). Whether you are eligible to receive an Owner NFT will be indicated in the product description, and your receipt or use of the Owner NFT is subject to these terms and conditions, as well as our Terms of Use, which are located at: <https://lamaisonsteel.com/pages/terms-conditions> (collectively, the “Terms”).  Any capitalized term used herein and not defined will be given the meaning ascribed to it in the Terms of Use.
• Within 4 weeks of your purchase of an eligible product, SAL will provide you with instructions for receiving your Owner NFT using the contact details you have provided at the time of purchase. By receiving an Owner NFT, you hereby accept these Terms and acknowledge that they are a binding contract between you and SAL.
• The purpose of the Owner NFT is to be a unique representation of your ownership of the corresponding SAL product. As a holder of an Owner NFT, SAL may provide you access to certain NFT Content and NFT Benefits that are subject to change over time, including modifications, additions to, and removal of NFT Content and NFT Benefits.  Information about SAL’s current and future plans related to Owner NFTs may be found at: <https://lamaisonsteel.com/pages/terms-conditions>
• If you sell or otherwise transfer a product associated with an Owner NFT, please contact SAL for assistance with transferring or issuing an Owner NFT for the new owner.
• You acknowledge and agree that you have not purchased the Owner NFT from SAL, and that you have no expectation or irrevocable right to any particular NFT Benefit or NFT Content. Your purchase of an eligible product from SAL does not require that you receive or hold the Owner NFT.  If you do not wish to accept all of these Terms, your option is to not take any action to receive the Owner NFT.  If you currently hold the Owner NFT and no longer wish to be subject to all of these Terms, your option is to (i) burn, delete, transfer, or otherwise terminate your possession of the Owner NFT, or (ii) if you are unable to terminate your possession of the Owner NFT for any reason, permanently cease any access to or use of any NFT Content or NFT Benefit.