By accessing or using any of the Lustre, LLC (“Lustre” Internet properties including, without limitation, www.Lustre.net, twitter.com/lustre_life; www.facebook.com/thelustrelife; www.LinkedIn.com/company/10838656/
(collectively referred to as the "Lustre Sites") you agree to comply with and be bound by these Terms of Use ("Terms of Use"), and the Lustre Privacy Policy.  Please read these Terms of Use carefully as well as the Lustre Privacy Policies.  If you do not agree to this Terms of Use or the Lustre Privacy Policy, please immediately terminate use of the Lustre Sites.

1. License Grant. The Lustre Sites are owned by Lustre. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Lustre Sites conditioned on your continued acceptance and compliance with these Terms of Use. You may use the Lustre Sites and the Lustre Content (as defined in Section 2) for your noncommercial personal use and for no other purpose. Lustre reserves the right to bar, restrict or suspend any user's access to the Lustre Sites, and/or to terminate this license at any time for any reason. Lustre reserves any rights not explicitly granted in these Terms of Use.

2. Proprietary Rights. The content of the Lustre Sites includes, without limitation, (i) Lustre's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "Lustre Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Lustre Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "Lustre Content"). Lustre Content is the property of Lustre, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any Lustre Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Lustre. 

3. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive Lustre's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Lustre Sites, any Lustre Content, or any portion thereof. Further, you may not (i) use the Lustre Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Lustre Sites, including Lustre Content; (ii) interfere with the proper working of the Lustre Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the Lustre Sites.

4. Your Acceptance; Revisions to Terms of Use. The Lustre Sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and Lustre regarding your use and access to the Lustre Sites. By using the Lustre Sites, you agree to the Terms of Use.

5. Lustre reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Lustre Sites. Your use of the Lustre Sites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Lustre Sites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which you had actual notice on or before the date of any such revision.

6. Lustre User Policies; Additional Terms and Conditions.  The Lustre User Policies, as well as other additional terms and conditions applicable to certain portions of the Lustre Sites (collectively "Additional Terms and Conditions"), are incorporated herein by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

7. Personal Login Information. Certain features and areas of the Lustre Sites are available only with registration, login, or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Lustre is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Lustre immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

8. Privacy Policy. For information about Lustre's data protection practices and Lustre's use and protection of your personal information, please read the Lustre's Privacy Policy which is incorporated into and made a part of these Terms of Use.

9. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of the Lustre Sites and not interfere with the use and enjoyment of the Lustre Sites by other users or with Lustre’s operation and management of the Sites. You further warrant that your use of the Lustre Sites and of any data input into or generated by the Lustre Sites shall comply with all applicable laws, regulations, and ordinances.  You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights.  You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Lustre Sites, including, without limitation, information required to be provided through an online Lustre registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, Lustre reserves the right to terminate your access and use of the Lustre Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Lustre Sites, or defame or otherwise harm any party through your use of the Lustre Sites.

In addition, you also agree that you will not use the Lustre Sites to:

(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that:

(i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(iv) includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(v) includes any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) collect or store personal data of other users of the Lustre Sites;

(c) intentionally disrupt or interfere, whether directly or indirectly, with the Lustre Sites in any manner that may adversely affect Lustre or any user of the Lustre Sites: and  

(d) intentionally or unintentionally violate any applicable local, state, national or international law.

10. User-Generated Content.  Lustre welcomes your views, comments and other communications ("User- Generated Content"). By contributing User-Generated Content to any of the Lustre Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant Lustre a nonexclusive license to display, reproduce, transmit, modify such User-Generated Content and that Lustre may use the User-Generated Content for internal and external marketing purposes. You are solely responsible for the User-Generated Content you submit.  If you believe any User-Generated Content infringes on your proprietary rights, contact Lustre. Lustre does not approve, endorse, or adopt any User-Generated Content, and Lustre assumes no liability for any User-Generated Content submitted by you or others. You agree to indemnify Lustre against all claims and liabilities resulting from User-Generated Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on the Lustre Sites. Please note that other participants may use posted information beyond the control of Lustre. All User-Generated Content is read at your own risk, and Lustre recommends that you not rely on the information or advice in any of these postings.

Lustre retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. Lustre also retains the right to ban or block a user from posting on Lustre social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.

You acknowledge, consent and agree that Lustre may access, preserve and disclose your account information and the User-Generated Content you have posted if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of the Lustre to: (a) comply with legal process; (b) enforce this Terms of Use; (c) respond to claims that any User-Generated Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Lustre, its Users and the public.

11. Responsibility for Use of the Internet and Lustre Sites and Exclusion of Liability. Use of the Internet and the Lustre Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, Lustre does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Lustre Sites over the Internet or other communication network. Lustre shall not be obligated to correct or update the Lustre Sites, the Lustre Content, the User-Generated Content, and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Lustre Sites.

12. No Legal Advice and Disclaimer as to Accuracy of Information. The information contained in the Lustre Sites and Lustre Content are for informational purposes only and may or may not reflect the most current legal developments; accordingly, information on the Lustre Sites is not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Lustre Sites or the Lustre Content should be used as a substitute for advice of competent counsel. The materials on the Lustre Sites and Lustre Content do not constitute legal advice and do not necessarily reflect the opinions of Lustre.  You acknowledge and agree Lustre shall not be liable to you or any other party for any act or failure to act relating thereto, in addition to the limitation of liability claims contained in this Terms of Use.   

13. Third Party Information. The Lustre Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content (as defined below), or other information made available by third parties such as content providers and other users of the Lustre Sites are those of the respective third party and not of Lustre. Lustre makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services, or products.

14. Notice for Claims of Intellectual Property or Copyright Infringement. Lustre respects the intellectual property of others, and, particularly as to User-Generated Content (as defined below), we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify info@lustre.net.

15. Advertisers. The Lustre Sites may contain advertisements. The inclusion of advertisements on the Lustre Sites does not imply endorsement of the advertised products or services. Lustre shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Lustre Sites. Further, Lustre shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Lustre Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.

16. Links to Third-Party Websites. The Lustre Sites may provide links (including any link through an online banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Lustre exercises no control. The appearance of any such third-party links is not intended to endorse any organization, company, or product. If you decide to access any of the third-party sites linked to the Lustre Sites, you do so entirely at your own risk.  Lustre makes no representations or warranties with respect to any linked site.  On such sites, you are subject to the various terms of services associated with using such sites, including, but not limited to, the third-party sites’ terms of use, privacy policy, copyright policy.  For more information, consult the host website user policies.

Information (comments, photos, videos, etc.) you share with or post to Lustre social media profiles is also subject to the terms of service of the host sites and may be used by the owners of the host sites for their own purposes under the host site user policies.

17. Links to Websites, Content, Sharing of Content. Links posted by third parties to the Lustre Sites and/or Lustre Content may not use the Lustre trademark or logo and shall not suggest that Lustre promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Lustre Sites shall be the responsibility of the linking party. Lustre reserves the right to require any linking party to disable or remove any link that violates Lustre's policies, rights, or causes interruption or deterioration of Lustre Content.

Sharing of Content. You may download, copy, or embed Lustre Content and other downloadable items displayed on the Lustre Sites for personal use only. Copying or storing of any Lustre Content for any purpose other than personal use is expressly prohibited without prior written permission from Lustre. Lustre reserves the right to require any party sharing Lustre content to disable or remove the content should its use violate Lustre's policies, rights, or cause interruption or deterioration of Lustre Content.

18. Warranties Disclaimed.  The Lustre Sites and Lustre Content are provided "as is" and "as available."  Neither Lustre nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively "Lustre parties") provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) the Lustre Sites or Lustre Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the Lustre Sites will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the Lustre Sites will meet your expectations; or (iv) Lustre Content will remain unchanged or accessible on the Lustre Sites. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Lustre Sites or Lustre Content is to cease using the Lustre Sites and Lustre Content.

19. Exclusion of and Limitation of Liability.  The Lustre Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the Lustre Sites and/or any Lustre Content; (ii) from any interruption in the availability of the Lustre Sites and/or Lustre Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Lustre Sites, or transactions entered into, through or from the Lustre Sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the Lustre Sites; (vii) from any delay or failure of the Lustre Sites arising out of causes beyond Lustre’s control; (viii) out of the use of, reference to, or reliance on, the Lustre Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the Lustre Sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to the Lustre Sites or Lustre Content.

In the event you are dissatisfied with, or dispute, these Terms of Use, the Lustre Sites and/or the Lustre Content, your sole right and exclusive remedy is to terminate your use of the Lustre Sites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that Lustre has no other obligation, liability or responsibility to you or any other party.

20. Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 18 and 19 which are lawful in your jurisdiction will apply to you and Lustre's liability will be limited to the maximum extent permitted by law.

21. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Lustre Parties from and against all claims arising from or in any way related to your use of the Lustre Sites and/or Lustre Content, a violation by you of these Terms of Use or any other actions connected with your use of the Lustre Sites and/or Lustre Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. Lustre will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Lustre Parties other than under this Section.

22. Term and Termination. These Terms of Use will take effect at the time you begin using the Lustre Sites.  Lustre reserves the right, with or without notice, at any time, and for any reason to deny you access to the Lustre Sites or to any portion thereof, and to terminate these Terms of Use.  These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein.  You may terminate these Terms of Use at any time by ceasing to use the Lustre Sites, but all applicable provisions of these Terms of Use will survive such termination. 

23. Jurisdiction. Any claim or controversy with respect to Lustre and the Lustre Sites or Lustre Content shall be brought only in the United States District Court for the Southern  District of New York or any State of court located in New York County, New York.

24. Governing Law. These Terms of Use and all matters regarding your use of the Lustre Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of New York applicable to contracts made and executed and wholly performed in the State of New York, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

25. Waiver and Severability. The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

26. Complete Agreement. These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, constitutes the entire agreement between you and the relating to the Lustre Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Lustre Sites. 

27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Lustre Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

28. Use of Websites and Content outside of the United States. Lustre makes no claims regarding access or use of the Lustre Sites or the Lustre Content outside of the United States. If you use or access the Lustre Sites or the Lustre Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

29. Social Media Non-Endorsement.  Lustre provides opportunities for user interaction within its Lustre Sites and on social media profiles on sites such as Facebook, Twitter, LinkedIn, Instagram, and various blogging sites. On those social media accounts, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. Lustre is not responsible for content or links posted by others.

30. Contact Information. If you have any questions or concerns regarding these Terms of Use or the Lustre Sites, please contact info@lustre.net

This Terms of Use is subject to amendment or modification at any time.