Updated: 06/20/2024
Welcome to the TorqueForm (Luxauro, Gold Metal Guild, and TF Empires) (“we,” “us,” “our”), your reliable Tribrid online marketplace. We connect customers, merchants, clients, professionals, and founders, facilitating transactions and services securely. By using Our Website and its Platform Services, in addition to the Tribrid Terms of Use (also linked below) and any Additional Policies that may be applicable to any particular features, Content and functionality of the Platform Services (incorporated into these Terms by reference), that may be offered by Luxauro, LLC or Goldevine, LLC, Users agree to be bound by these TF Empires’ Terms of Use.
*IMPORTANT NOTICE: AGREEMENT TO ARBITRATION. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE DISPUTES WITH US THROUGH BINDING ARBITRATION AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE ARBITRATION, DISPUTE RESOLUTION, AND CLASS ACTION WAIVER IN SECTION 24 BELOW).*
Please read these Terms of Use carefully.
The website(s) of the Tribrid is operated by the Company and offers the information, tools, and service to you in accordance with the terms set out hereunder. Please read these Terms carefully before using the Site or Platform Services, including, without limitation, the Website, and all other websites, apps, and services offered by or through Us pursuant to this Agreement (as defined below) offered by the Company. These Terms may be amended at any point in time at our sole discretion by posting a revised version of these Terms. Unless stated otherwise, any accessing or using of Our Site or continued use of Our Platform Services after the effective date of any revised Terms constitutes Your acceptance of those revised Terms. These Terms constitute a legally binding agreement between You and the Company. If We make any material change to these Terms or any portion therein, Our posting of the revised Terms on Our Website, a notice on Our Site, through the Platform Services, or by other means that We deem appropriate will serve as adequate notification. If you do not agree to these Terms, You may not access or use the Site or Platform Services. These Terms of Use may be translated into other languages and should any conflicts arise between this English version and any translations, the English version shall control. Supplemental terms may apply to the Site or Platform Services. Supplemental terms are in addition to, and shall be deemed a part of the Terms for the purposes of the Site and Platform Services (“Additional Terms”). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Site or Platform Services.
The following policies and guidelines (“Additional Policies”) are incorporated into the Terms by reference.
Tribrid (Luxauro, Gold Metal Guild, and TF Empires) of the TorqueForm Terms of Use: https://Luxauro.com/terms-of-use/
Luxauro Merchant and GMG Professional Terms of Use: https://Luxauro.com/merchant-terms/
Tribrid (Luxauro, Gold Metal Guild, and TF Empires) of the TorqueForm Returns, Refunds, and Cancellations Policy: https://luxauro.com/return-refunds-policy
Tribrid (Luxauro, Gold Metal Guild, and TF Empires) of the TorqueForm Privacy Policy: https://Luxauro.com/privacy/
Tribrid (Luxauro, Gold Metal Guild, and TF Empires) of the TorqueForm Copyright DMCA Policy: https://Luxauro.com/copyright-dmca-policy/
Tribrid (Luxauro, Gold Metal Guild, and TF Empires) of the TorqueForm Cookie Policy: https://Luxauro.com/cookie-policy/
TF Empires Terms of Use: https://TFEmpires.com/terms-of-use/
TF Empires’ Privacy Policy: https://TFEmpires.com/privacy-policy/
TF Empires’ Copyright DMCA Policy: https://TFEmpires.com/copyright-dmca-policy/
TF Empires’ Cookie Policy: https://TFEmpires.com/cookie-policy/
“Merchant,” “Vendor,” “Seller,” or “Service Provider” refers to any User who has applied for and received approval for a Merchant account on the Luxauro platform. A Merchant is authorized to engage in one or more of the following activities:
“Warranty Policy” refers to this Returns, Refunds, and Cancellation Policy and any link or reference to an individual Merchant’s or GMG Professional’s return, refund, and cancellation policy;
“We,” “Our,” “Us,” or “Company” refers to Luxauro, LLC, a Montana limited liability company, “Bloominggolds,” “Gold Metal Guild,” “Goldorado,” “Indie Arcadia,” “LuxCyber Plaza,” “Palazzo Frassati,” and “Victor & Angela,” which are assumed business names of Luxauro, LLC, Goldevine, LLC, a Montana limited liability company, and “TF Empires” and “Untreadable,” which are assumed business names of Goldevine, LLC, together with their parents, subsidiaries, DBAs, affiliates, agents, representatives, consultants, employees, officers, and directors;
If and when You use the Site or Platform Services, or send emails, text messages, or any other forms of electronic communications from Your computer or mobile device on the Site or through the Platform Services, You may be communicating with Us electronically. By communicating electronically, You acknowledge and agree to receive communications from Us or other Users electronically including, but not limited to, emails, texts, mobile push notifications, or notifications and messages on the Site or through the Platform Services, such as the built-in User messaging system. These electronic communications may be stored for Your records. You acknowledge and agree that all agreements, notifications, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
Parties unaffiliated with the Tribrid operate stores, sell products or software, offer services for hire, or advertise crowdfunding Projects on the Site and through the Platform Services. We may also allow or provide links to the external sites of these third-party affiliates or other certain businesses. If You, as a Founder, transact business with any of these third-party businesses or individuals, You are transacting directly with those third-parties and not with the Tribrid. We do not support and we make no endorsements, representations, warranties, or guarantees regarding the truthfulness, accuracy, reliability, validity, quality, safety, morality, or legality of any Product, Merchant, GMG Professional, Professional Service, Project, third-party external site, or User Content on Our Site (or on their websites). We do not investigate or guarantee the truthfulness of any claims made by Users. You acknowledge and agree that You are solely responsible for evaluating the truthfulness of any statement made by any Merchant, GMG Professional, Founder, or User before choosing to interact or transact business with anyone on the Site or through the Platform Services. You further acknowledge and agree that We are not responsible or liable for, without limitation, any action, statement, product, service, or content of any third-party on the Site or who makes use of the Platform Services. It is Your sole duty to carefully review the privacy statements and other conditions of use of any third-parties with whom You wish to interact on or off of the Site or through the Platform Services.
We grant You a limited, non-exclusive, non-transferable, and revocable license for the use of Our Platform Services, subject to these Terms, including the following restrictions:
DISCLAIMER: In addition to these prohbitions, we recognize that certain products or services may necessitate specific restrictions for legal, safety, or operational reasons. Merchants and GMG Professionals on this platform are permitted to enforce minimum requirements, such as age restrictions, qualifications, or certifications, where such limitations are legally mandated or reasonably necessary to ensure the safety and proper use of their Products or Professional Services. These requirements must be clearly communicated in the Product or Professional Service Contract description and must comply with all applicable laws and regulations.
Upon creating a Project on the Site and requesting Contributions, You fully understand and agree that You are creating separate legal agreements with TF Empires, a DBA of Goldevine, LLC, and with Your Contributors, and You agree to the following rules in addition to all other Terms and Policies of Our Site:
When contributing to a Project, You, as a Contributor, acknowledge and agree to the following Terms, in addition to all other Terms and Policies:
Your User Content is and remains Your property, however, when You submit Your User Content to the Site or via the Platform Services, You agree to the following terms:
The Company may give notice by means of a general notice on the Website, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to the Company by written communication to the Company’s address at TF Empires, P.O. Box 904, Condon, MT 59826.
Credit/Debit card payment processing services for Our Site and Platform Services are provided by Stripe, Inc. (“Stripe”). These services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). As a User of the Tribrid, You acknowledge and agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition to Our enabling credit card payment processing services through Stripe, You hereby agree to provide Us with accurate and complete information about Yourself and Your business, and You authorize Us to share any such information with Stripe, as well as transaction information related to Your use of the Stripe payment processing services. In all cases, standard credit card or other third-party processing fees apply in addition to Our Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.
Our Site and/or Our Platform Services may be unavailable for scheduled maintenance and other reasons, which include unplanned outages and other potential malfunctions. We are not responsible if the Site or Platform Services become unavailable, or if You lose any data, information, or User Content for any reason.
We welcome Submissions from Our Users, however, Your Submissions may be similar or identical to internal Submissions or Submissions that We may receive from other Users or third parties sent to Us via the Site or in any other manner about an idea, product, concept, service, suggested change, addition, improvement, or feature on Our Site (“Unsolicited Idea Submission”). If You send Us an unsolicited Submission, You agree as follows:
As a User of Our Site and Platform Services, You agree to defend, indemnify, and hold harmless Us, Our parents, subsidiaries, DBAs, and affiliated companies, and Our officers, directors, employees, partners, contractors, representatives, agents, and third-party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to: 1) Your use or misuse of the Site or Platform Services; 2) Your breach of these Terms; 3) Your violation of any applicable laws; or 4) any intentional, negligent, illegal, or otherwise wrongful actions, errors, or omissions by any User, Merchant, Professional service provider, or Founder from whom You purchase, rent, or obtain any product or service through the Site or Platform Services, including but not limited to claims of negligence, mistake, malpractice, or any other form of liability. We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control of any matter for which You have agreed to indemnify Us, and You agree to assist and cooperate with Us as reasonably required in the defense or settlement of any such matters.
THE TRIBRID HAS NO FIDUCIARY DUTY TO ANY USER. THE PLATFORM SERVICES, TRIBRID CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE SITE OR PLATFORM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE TRIBRID AND ITS PARENTS, SUBSIDIARIES, ASSUMED BUSINESS NAMES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE TRIBRID AND ITS PARENTS, SUBSIDIARIES, ASSUMED BUSINESS NAMES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SITE OR THAT YOUR USE OF THE PLATFORM SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM SERVICES OR THE SERVER(S) ON WHICH THE PLATFORM SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF THE TRIBRID OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER EXPRESS OR IMPLIED, WHETHER MADE THROUGH THE USE OF THE PLATFORM SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE PLATFORM SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THE TRIBRID AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR PLATFORM SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THE TRIBRID BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.
SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We are based in Montana. For any action not subject to arbitration, You and We agree to submit to the personal jurisdiction of a state court located in Helena, Montana or the United States District Court for the District of Montana. The Terms and the relationship between You and Us shall be governed in all respects by the laws of the State of Montana, without regard to its conflict of law provisions. Notwithstanding any provision of these Terms of Use to the contrary, nothing in this Agreement is intended to limit or waive any rights that you may have under local consumer protection laws, to the extent such rights cannot be waived by contract. In cases where local consumer protection laws conflict with the Terms herein, the provisions of the local consumer protection laws shall prevail to the extent of the inconsistency.
The Company will not be held liable for any loss or damage of the Users due to Force Majeure. A “Force Majeure Event” for the purposes of these Terms shall mean any cause or event that is beyond the control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer virus’ breach of security and encryption or any other cause or event that is beyond the control of the Company.
These Terms constitute the entire agreement between You and The Tribrid with respect to the Site and Platform Services. These Terms supersede any and all prior or simultaneous agreement, terms, negotiations, communications, or proposals whether written, oral, electronic, or whether established by custom, practice, policy, or precedent, between the parties hereto with respect to the Site and Platform Services and govern Our relationship. Except as otherwise provided for herein, any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by the parties herein.
The information contained within Our Website is for users’ general informational purposes only. This information is provided in good faith. No representations or warranties of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness regarding any of the information contained on Our Website are made. Under no circumstances shall We have any liability to You for any loss or damage of any kind arising from the use of Our Website or reliance on any information contained on Our Website. Your use of and/or reliance on any information contained on Our Website is solely at Your own risk.
I agree to the Terms of Use available at https://Luxauro.com/terms-of–use/ and https://TFEmpires.com/terms-of-use/ and have read and understand the Privacy Policy available at https://Luxauro.com/privacy/ and https://TFEmpires.com/privacy-policy/.
Copyright © 2023 Luxauro, LLC. All Rights Reserved.
Copyright © 2023 Goldevine, LLC. All Rights Reserved.