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Last revised: December 3, 2019
If you have any questions for us concerning this Agreement, our Services, or LUXnow generally, please contact us at support@LUXnow.com.
Services. The Services may be used to facilitate the listing and booking of Asset rentals. We make our Services available as an online platform or marketplace for Partners who provide Assets to connect with Members who want to rent such Assets and make arrangements with each other through the Website or through LUXnow offline. LUXnow is not an owner or operator of the listed Assets. We do not own, sell, resell, furnish, provide, manage and/or control Assets. Our responsibilities are limited to facilitating the availability of the Services.
PARTNERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF LUXNOW. LUXNOW DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH THE ASSET RENTALS TO MEMBERS AND DOES NOT EMPLOY PARTNERS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT LUXNOW DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A PARTNER’S LISTINGS OR RENTALS BUT MAY MONITOR LISTINGS MADE THROUGH THE WEBSITE. THE RELATIONSHIP BETWEEN PARTNERS AND LUXNOW ARE THAT OF AN INDEPENDENT CONTRACTOR.
Eligibility. Our Services are intended solely for persons who are 18 years of age or older. Any use of the Services by anyone under 18 is expressly prohibited. To book a rental using our Services, in addition to the other conditions set forth below, you must be at least 21. Further, by registering and maintaining a LUXnow Member account, you agree and acknowledge that you satisfy the following eligibility requirements: (i) you have at least 2 years of driving experience: (ii) you have not received more than 2 moving (or other major traffic) violations, had your driver’s license suspended or revoked, or received a DUI (or similar citation for operating a motor vehicle under the influence of drugs or alcohol) in the past 3 years; (iii) have not been convicted of a felony or misdemeanor (or plead no contest to any such charge) in the past 10 years; (iv) have no liens or judgments currently filed against you in excess of $5,000; and (v) have not filed for bankruptcy in the past 7 years. In addition, to be eligible to become a Member to rent a vehicle, you must either have a current motor vehicle insurance policy that provides comprehensive and liability coverage on your personal vehicle which extends to the rental of a vehicle on our Services.
Registration. In order to access certain features of the Services, and to either list or rent an Asset, you must sign up for an account with us (“LUXnow Account”) by either providing us with your email address and an account password or through an already existing account with a third-party social networking service (e.g., Facebook and Google). In order to book a rental or offer an Asset for rent using the Services you must provide us with additional information and become a Member or Partner, as applicable.
You promise to update the information you have provided to LUXnow in the event of any changes to your driving record, contact information, or background. Specifically with respect to your contact information, LUXnow may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your LUXnow Account, whether or not you have authorized such activities or actions. You will immediately notify LUXnow of any actual or suspected unauthorized use of your LUXnow Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your account after you have reported unauthorized access to us.
Verification. When you sign up to either list or rent an Asset (i.e., as a Partner or Member), you will provide us with certain information about yourself to enable us to verify your identity with a third-party verification service in order to become an approved Member or Partner (or both). You promise to provide complete and accurate information to LUXnow about yourself and your Asset(s), if any. Where permitted, LUXnow has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and Assets, including driving history and driver’s license validity, insurance coverage and Asset ownership, but we do not endorse any Asset, user, or his or her background, nor do we verify the limits of any insurance coverage. LUXnow may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize LUXnow to request, receive, use, and store such information. LUXnow may accept or reject your application to become a Member or Partner in its sole discretion.
Consumer Report Authorization. When you apply to become a Member or Partner, you are providing LUXnow with written instructions and authorization in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report and/or conduct a background check, including a criminal background check where permissible under applicable law. You also authorize LUXnow to obtain your personal and/or business auto insurance score, credit report or conduct a background check at any time if LUXnow reasonably believes there may be an increased level of risk associated with your LUXnow Account.
Background Checks. Members and Partners are solely responsible for their interactions with each other, and any other parties with whom such user interacts; provided, however, that LUXnow reserves the right, but has no obligation, to intercede in disputes. Members and Partners agree that LUXnow will not be responsible for any liability incurred as the result of such interactions. YOU UNDERSTAND THAT LUXNOW DOES NOT REGULARLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR EVALUATE THE CREDENTIALS OF ANY USER. LUXNOW ALSO DOES NOT NECESSARILY INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. LUXNOW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. LUXNOW RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
Your Obligations and Commitments. You agree that you will always use your account and the Services in compliance with the Terms, applicable law, and any other policies and standards provided to you by LUXnow. As a Partner, you commit that you will provide a safe and legally registered and insured Asset, with a clean (non-salvage/branded) title, in good mechanical condition, on-time to the Member renting your Asset. As a Member, you commit that you’ll be a legally licensed driver, who will treat the Asset well and will take all reasonable measures to return the Asset on time in essentially the same condition that you received it. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Membership Charges and Fees. There are no fees for establishing a LUXnow Account. All charges and fees are transaction based and are incurred in connection with the listing or rental of an Asset using the Services. The charges, fees and other cost structures we charge or assess for using our Services are set forth below:
Charges and Fees for Members: Assets listed on our Services are priced differently based on a variety of factors including the type of Asset, time of year, add-on services, and location. Asset prices are displayed on each listing. Each Partner chooses how much they would like to charge to rent out their Asset, or uses automatic pricing suggested by LUXnow. However, all rentals follow the same pricing structure. The total cost for the rental (the “Total Cost”) is made up of the following components:
When your reservation is confirmed we will charge your credit card or other payment method on file the full amount of the Total Cost (Total Rental Rate plus all other charges and fees) as disclosed in the confirmation and send you an email disclosing the charges and other relevant terms of the rental. You will also be charged a security deposit ranging from $1,500 to $3,000, depending on the value of the Asset you have selected. This amount will also appear on the rental confirmation.
Payment to Partners: Partners may list their Asset for rent on our Services for no fee. As the Asset owner, you have the ability to either set the Daily Rental Rate on your listing or select to have LUXnow suggest a rate based on our experience to optimize your income. Where a rental is confirmed, LUXnow will charge the Member and remit a portion of the fees charged to the Member to you as follows:
We will initiate payment to you via direct deposit or ACH to the bank account you have on file with us. Payments will generally post to your account within three (3) business days. LUXnow may, in its sole discretion, round up or down amounts that are payable from or to Partners or Members to the nearest dollar.
Collection of Fees. Members must have a valid payment method on file and pay all fees associated with our Services by the payment due date. If a Member’s primary payment method fails or your LUXnow Account is past due, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagement of collection agencies or legal counsel as necessary. In addition, you may be subject to late fees. LUXnow, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. In addition to the amount due, delinquent LUXnow Accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to LUXnow by you. Such communication may be made by LUXnow or by anyone on its behalf, including but not limited to a third party collection agent. If you wish to dispute the information LUXnow reported to a credit bureau (i.e., Equifax, Experian or TransUnion) please contact our collections department at support@LUXnow.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your LUXnow Account, you must contact the relevant collection agency directly.
Taxes and Other Fees. Tax regulations may require us to collect appropriate tax information from our Partners, or to withhold taxes from payouts to Partners, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Partners, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US Partners with at least one Asset rental listing in the US. Partners are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Partner fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Partner and you fail to provide us with a completed IRS Form W–9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. As a Partner, you understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes using the Services. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. LUXnow cannot and does not offer Tax-related advice to any Partner or Member. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Asset is registered may require Taxes to be collected from Partners or Members on the amount paid for the right to operate the Asset, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Daily Rate and other Fees set by Partners, a set amount per day, or other variations, and are sometimes called car-sharing taxes, car rental taxes, sales and use taxes or similar taxes (collectively, the “Car-Sharing Taxes”). It is the obligation of the Partner to collect and remit any such Car-Sharing Taxes to the extent required by the relevant Tax Authority. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service.
Anti-Circumvention. If Member engages Partner outside of the Services, without facilitation by LUXnow, Partner will pay LUXnow in accordance with LUXnow’s automatic pricing. In the event Partner induces, suggests, or otherwise solicits any Member’s request for Asset rental outside the Services, LUXnow shall have the right to immediately terminate Partner’s Account without notice, with no liability and no further obligation to Partner.
Communications with You. In order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using autodialed or pre-recorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where LUXnow is required to obtain your consent for such communications, you may choose to revoke your consent. You understand and agree that LUXnow may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with LUXnow or its agents for quality control and training purposes. You acknowledge and understand that your communications with LUXnow may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through support.LUXnow.com.
Interactions between Partners, Members and Others. You acknowledge and agree that LUXnow has no obligation to screen users of the Services, including Partners, Members or third party service providers with whom you may interact while using the Services, in any way, and has no obligation to intervene in or be involved in any disputes that may arise between Partners, Members, or other third party service providers. It is your responsibility to take reasonable precautions in all actions and interactions with any Partner, other Members, or third party service providers which whom you may interact. It is your decision whether to accept the services provided by LUXnow or any third party service provider and you may decline the Services or any other services from third party service providers in your sole discretion. You understand and accept that LUXnow has no control over the actions of Partners, Members or third party service providers and you should exercise caution and good judgment when using the Services. YOUR USE OF THE LUXnow SERVICES IS AT YOUR OWN RISK.
Insurance. Members renting an Asset using the Service are required to have comprehensive and liability coverage on the Member’s personal Asset which extends to the rental of an Asset on our Services. In certain circumstances the Partner may provide additional insurance coverage under a policy maintained by the Partner. Whether the Partner’s insurance coverage extends to you as a Member renting an Asset on our Services, the terms and conditions of such coverage, if any, and the cost the Partner may charge you for such coverage is a matter solely between the Member and the Partner and will not be facilitated in any way by LUXnow.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. YOU AND LUXnow AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LUXnow AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who intends to seek arbitration must first send to the other, by email, a completed form Notice of Dispute (“Notice”). The Notice to LUXnow should be sent via email to support@LUXnow.com. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from LUXnow. If you and LUXnow are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or LUXnow may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org (The AAA provides a Demand for Arbitration form and a separate form for California residents.) In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or LUXnow shall not be disclosed to the arbitrator. The arbitration hearing shall be held in the county in which you reside or at another mutually agreed upon location. If the value of the relief sought is $50,000 or less, you or LUXnow may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and LUXnow subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or LUXnow may attend by telephone. For matters where the relief sought is over $10,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same LUXnow user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Expense of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. The parties shall each be responsible for their own legal fees and expenses incurred in connection with the arbitration, provided that the prevailing party shall be entitled to be awarded reimbursement of all legal fees and expenses from the non-prevailing party. In the event you rent an Asset using our Services, a Partner’s pursuit of self-help remedies (repossession), an action to recover the Asset (replevin), or an action to recover a deficiency balance following repossession shall not constitute a waiver of our right to arbitrate.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and LUXnow must be resolved exclusively by a state, federal, or small claims court located in Miami, Florida. You and LUXnow agree to submit to the personal jurisdiction of the courts located within Miami, Florida for the purpose of litigating all such claims or disputes.
Access to Our Services. We do not provide you with the equipment to access our Service. You are responsible for all fees charged by third parties related to your access and use of our Service (e.g., charges by Internet service providers, phone carriers, etc.). We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Service without notice. In the event you engage in or cause conduct violating these Terms, we reserve the right to immediately modify or discontinue, temporarily or permanently, all or any portion of our Service without notice to You. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Service.
Additional Terms for Apple Applications. With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. In addition, the following terms apply to any App Store Sourced Application:
Additional Terms for Google Applications. With respect to any App accessed through or downloaded from the Google Play Store (a “Google Play Sourced Application”), the following applies to any Google Play Sourced Application accessed through or downloaded from Google Play:
Trademarks. “LUXnow,” the Lux Now logo, and any other similar product or service name or slogan displayed on our Service are trademarks of Lux Now LLC. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lux Now LLC or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “LUXnow” or any other name, trademark or product or service name of Lux Now without our prior written permission. In addition, the look and feel of our Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LUXnow and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
User Content Posted to Our Service. We may, from time to time, allow you to post and/or upload information and content to our Service. You agree that we are free to use such content, including any feedback, suggestions, comments, information, ideas, concepts, methods, techniques, content, pictures, videos and any other material in any post or submission that you may make to our Service (each, a “Submission”), without further compensation, acknowledgement, or payment, for any purpose whatsoever including, without limitation, modifying or improving the Service. Furthermore, by making any Submission on the Service, you grant us a perpetual, nonexclusive, fully paid, royalty-free, irrevocable, sub licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute, create derivative works of, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Services in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party. Images you post on your listing shall also be considered a Submission. LUXnow does not claim any ownership rights in any such Submission and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content. BY POSTING OR PROVIDING ANY SUBMISSION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION BY US WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY. LUXnow may contain user content provided by other users, including listings. LUXnow is not responsible for and does not control such user content. LUXnow has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to user content. You use all user content and interact with other users at your own risk.
Typographical Errors. While we try to make sure that all prices posted on the Service are communicated accurately, we cannot be responsible for the typographical and other errors that may appear on the Service. If there is incorrect information given about an Asset price, product, or service due to a typographical error, Lux Now is not responsible for such error or its correction; but will attempt to correct such error promptly. We reserve the right to refuse or cancel any reservations, or orders for products or services listed at an incorrect price.
LUXnow Photography. LUXnow may offer owners the option of having photographers take photographs of their Assets and/or owners with their Assets (“Images”). You alone are responsible for using the Images in connection with your LUXnow Listing and you warrant that you will cease using the Images if they no longer accurately represent your Asset. You agree that LUXnow is the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether included in your Listing and you shall take no action to challenge or object to the validity of such rights or LUXnow’s ownership or registration thereof. You hereby acknowledge that LUXnow may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Asset listing or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. If you use the LUXnow photography program, you agree that you will not use the Images in connection with renting your Asset out on any platform, website, or application other than LUXnow. All photographs owned by LUXnow may be affixed with a watermark or tag bearing the words “LUXnow.com Verified Image” or similar wording. At LUXnow’s request, you will execute documents and take such further acts as LUXnow may reasonably request to assist LUXnow to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images. You understand that if LUXnow uses the term “LUXnow.com Verified Image” or “Verified Image,” the term is intended only to indicate a photographic representation of the Asset at the time the photograph was taken. Verified Images are therefore not an endorsement by LUXnow of any user or any Asset. Likewise, LUXnow may, but does not commit to, undertake efforts to ensure the safety of Assets rented through the Services. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any Assets beyond our policies that require Asset owners to ensure their Assets are in safe and operable condition, legally registered to be operated on public roads or waters, have a clean (non-salvaged/non-branded title), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
LUXnow Content and User Content License. Subject to your compliance with the provisions of these Terms, LUXnow grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any LUXnow content solely for your personal and non-commercial purposes and access and view any user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LUXnow or its licensors, except for the licenses and rights expressly granted in these Terms.
Promotions. From time to time we may offer promotions to Members and Partners related to the Services. You must be a user in good standing (not suspended), comply with our Terms and the promotion rules to qualify for any promotional compensation. Users who attempt to abuse our promotions are subject to cancellation/reversal of the promotion amounts and suspension from the LUXnow community. Members and Partners cannot cancel existing reservations to qualify for new promotions. Partners cannot rent their Asset to acquaintances, friends, or family to qualify for Partner promotions.
Copyright Infringement Protection. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their copyright rights under US copyright law. If you believe that materials hosted on or through the Site infringe upon your copyright rights, you may request that the material be removed or that access to the material be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA and should be sent to firstname.lastname@example.org. LUXnow maintains a policy that provides for the termination in appropriate circumstances of Site use privileges of users who are repeat infringers of intellectual property rights. Please be aware that there can be substantial penalties for false claims.
No Transfer or Assignment. Except as otherwise provided herein, Members and Partners agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in an Asset shared through the LUXnow Services.
Disclaimers. LUXnow PROVIDES SERVICES THAT ENABLE ASSET RENTALS BETWEEN MEMBERS AND PARTNERS. LUXnow IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE ASSET MANUFACTURER, OR ANY THIRD PARTY PROVIDER OF SERVICES. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, LUXnow EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LUXnow makes no warranty that the Services, including, but not limited to, the listing and/or any Asset, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. LUXnow makes no warranty regarding the quality of any listings, Assets, Partners, Members, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from LUXnow or its service providers or through the Services or content, will create any warranty not expressly made herein. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH MEMBERS, PARTNERS OR OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO MEMBERS OR PARTNERS. YOU UNDERSTAND THAT LUXnow DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND LUXnow IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF MEMBERS, PARTNERS OR OTHER USERS OF THE SERVICE. LUXnow HAS NO CONTROL OVER THE CONDUCT OF MEMBERS, PARTNERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. LUXnow MAKES NO GUARANTEES, WARRANTEES OR REPRESENTATIONS REGARDING ANY ASSETS LISTED FOR RENT ON OUR SITES OR APPLICATION. LUXnow DOES NOT HAVE ANY OBLIGATION TO INSPECT ANY ASSETS LISTED FOR RENT BY PARTNERS ON OUR SERVICE.
Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold LUXnow Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of an Asset, or creation of a listing for an Asset; or the use, condition, or rental of an Asset by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of an Asset.
Liquidated Damages. You acknowledge that the actual damages likely to result from engaging in gray market transactions (i.e., using LUXnow to find a Member or Asset, and then completing an Asset rental or related transaction partially or wholly independent of LUXnow, in order to circumvent the obligation to pay any LUXnow Fees) are difficult to estimate and would be difficult for LUXnow to prove. You will pay LUXnow $10,000 in Liquidated Damages to compensate LUXnow for any such conduct. This amount is not intended as a punishment for any such breach.
Notices. LUXnow can be contacted at the following address: LUXnow LLC, 1688 Meridian Ave, Suite 700, Miami Beach, FL 33139. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.
YOU UNDERSTAND AND AGREE THAT LUXnow IS NOT A PARTY TO ANY RENTAL AGREEMENTS ENTERED INTO BETWEEN MEMBERS AND PARTNERS. WHEN YOU OR YOUR DESIGNATED AGENT ARRIVE TO RENT YOUR ASSET, THE NAME OF THE MEMBER WILL BE CLEARLY IDENTIFIED ON YOUR RENTAL CONFIRMATION. THESE TERMS ARE INCORPORATED BY REFERENCE INTO YOUR AGREEMENT WITH THE PARTNER AND YOU ARE AGREEING TO RENT THE ASSET TO THE MEMBER THROUGH THE SERVICE ON THE TERMS SET FORTH IN THESE TERMS. YOU ACKNOWLEDGE THAT LUXnow DOES NOT CURRENTLY PROVIDE ANY ACCIDENTAL DAMAGE, LIABILITY OR PERSONAL PROPERTY INSURANCE COVERAGE RELATED TO THE RENTAL OF YOUR ASSET THROUGH THE USE OF THE SERVICES. ANY INSURANCE COVERAGE RELATED TO THE RENTAL OF YOUR ASSET BY A MEMBER WILL BE GOVERNED BY THE TERMS OF THE MEMBER’S INSURANCE POLICY AND YOUR OWN INSURANCE. The following Sections also apply if you are a Partner renting out your Asset through the LUXnow Services:
Information Provided When Registering LUXnow Account. When you sign up for LUXnow, you will identify Asset(s) that you want to list for rent through the Services and that are eligible for rent. Only those makes and models that appear on our dropdown menu are able to be rented using the Service. You may only use the Services in connection with Assets that you own or otherwise have all the necessary rights and consents to rent out. You will also provide us with current contact information (telephone, physical address and email) and banking information that we will use to communicate with you and to complete payments and fees for rentals you list on the Service.
Asset Availability. Once a trip is booked, you must make the Asset available or deliver the Asset as expected by the Member. If you offer the Member the option to pick up your Asset at a persistent specified location, you must supply the location of the Asset accurately to LUXnow and ensure that the Asset is available at that location at the beginning of the rental period. Before you provide a prospective Member with your Asset (in the case of a vehicle), you must verify that he or she has a current, valid driver’s license which matches the name on the reservation and that the person picking up the Asset appears to match the photograph on the facially valid driver’s license and that the Member has a copy of his or her current insurance card or other proof of insurance in the Member’s name.
Partner Cancellation Fee. You acknowledge that failure to deliver the Asset to the Member as scheduled in the rental confirmation causes harm to both the Member and to Lux Now. Accordingly, you covenant to use your best efforts to deliver the Asset on time and in the condition specified in the rental listing. In the event circumstances beyond your reasonable control necessitate cancellation you will promptly notify LUXnow and the Member specified in the rental confirmation. Where the cancellation occurs more than 48 hours before the scheduled rental time no cancellation fee will be assessed. Where the cancellation occurs within 48 hours of the scheduled rental time but more than 24 hours prior to the scheduled rental time a cancellation fee equal to $150.00 will be assessed. Where cancellation occurs within 24 hours of the scheduled rental a cancellation fee of $300.00 will be assessed. LUXnow has the right to terminate a Partner at any time for any reason, including but not limited to recurring cancellations.
Maintenance. You are required to regularly check your Asset for any defects in its operations or safety. You promise that, at all times, your Asset will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list Assets with a clean, non-salvaged, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your Asset to be rented. In addition, if LUXnow believes that your Asset does not conform to reasonable standards, LUXnow will notify you and reserves the right to remove or decline listing your Asset until its concerns have been resolved. LUXnow may, but does not commit to, undertake efforts to ensure the safety of Assets rented through the Services.
Insurance and Legal Matters. You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements for your Asset. As part of your participation in the Services, you must maintain your own insurance policy and meet any minimum insurance levels required by law. YOU ACKNOWLEDGE THAT LUXnow DOES NOT CURRENTLY PROVIDE ANY ACCIDENTAL DAMAGE, LIABILITY OR PERSONAL PROPERTY INSURANCE COVERAGE RELATED TO THE RENTAL OF YOUR ASSET THROUGH THE USE OF THE SERVICES. ANY INSURANCE COVERAGE RELATED TO THE RENTAL OF YOUR ASSET BY A MEMBER WILL BE GOVERNED BY THE TERMS OF THE MEMBER’S INSURANCE POLICY AND YOUR OWN INSURANCE. You further acknowledge and agree that you shall receive no protection or coverage by LUXnow or its affiliates, whether that be Asset damage protection, liability protection, uninsured or underinsured motorist coverage, PIP or any similar coverage or indemnification, roadside assistance, or trust and safety support as part of a rental of your Asset(s) through our Services. You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in connection with extending insurance coverage to a Member who rents your Asset in addition to other requirements you may impose. You must never surprise Members with hidden costs or requirements at pick-up. LUXnow reserves the right, in its sole discretion, to remove your listings, or suspend your LUXnow Account for failure to be transparent up front with Members about insurance fees, costs, and requirements in your Asset listing page. If you are providing coverage under an insurance policy that covers the Member’s rental, you agree to provide the Member with a copy of the insurance card or other proof of insurance at the time of Asset pick-up. You shall defend, indemnify, and hold LUXnow Parties and any of your renting Members or their authorized operators, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys’ fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any rentals of any Assets, including without limitation, any Asset damage, personal injury or property damage where you have agreed to extend your insurance coverage to a Member renting your Asset on our Service.
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