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LuxNow

Privacy Policy

Last revised: December 3, 2019

Welcome to the Democratization of Luxury!

IT IS IMPORTANT THAT YOU READ THESE LUXURY RENTAL TERMS OF USE SET FORTH BELOW CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, PROVISIONS THAT GOVERN THE JURISDICTION AND VENUE OF ANY DISPUTE, AN EXCLUSIVE AGREEMENT IN SECTION 2 BELOW TO SUBMIT DISPUTES TO BINDING ARBITRATION (UNLESS YOU OPT OUT), A WAIVER OF PARTICIPATING IN ANY CLASS ACTION LAWSUIT, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. OUR WEBSITE AND MOBILE APPLICATION FACILITATEs THE RENTAL OF VEHICLES, VESSELS, property or aviation service (Each, an “Asset”) BY THEIR OWNERS (“PARTNERS”) TO USERS SEEKING TO RENT such assets (“MEMBERS”) IN ACCORDANCE WITH THESE TERMS.


INTRODUCTION

This Terms of Use agreement (the “Terms of Use”) is a legal contract between you (“User”) and Lux Now LLC (“LUXnow,” “we,” “us” “our”). BY ACCESSING OR USING THIS WEBSITE, OR ANY OTHER WEBSITES WITH AN AUTHORIZED LINK TO THESE TERMS OF USE (THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND APPLICATION (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY LUXNOW OR USERS OF THE WEBSITE (INCLUDING MEMBERS AND PARTNERS) CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS FOR A LUXNOW ACCOUNT (AS DEFINED BELOW), DOWNLOADING LUXNOW’S MOBILE APPLICATION (“APPLICATION”), AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, AND (3) YOU ARE NOT A PERSON BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE OR APPLICATION, WHETHER AN END USER OR AN INFLUENCER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APPLICATION, OR THE SERVICES.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

PLEASE NOTE THAT The Terms are subject to change by LUXNOW in its sole discretion at any time. When changes are made, LUXnow will make a new copy of the Terms of Use available at the Website and within the Application, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website and within the Application. We will also update the “Last Updated” date at the top of the Terms of Use. Any changes to the Terms will be effective immediately for new Users of the Website, the Application, and/or Services and will be effective thirty (30) days after posting of notice of such changes on the Website and within the Application for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Users with a LUXnow Account (as defined below). LUXnow may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application, and/or the Services. Otherwise, your continued use of the Website, the Application, and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS. In addition to the other agreements you are entering into by using our Services you agree to treat everyone in the LUXnow community, Partners and Members, alike regardless of their race, religion, national origin, ethnicity, disability, sex, gender identity, sexual orientation, or age with respect, and without judgment or bias.

If you have any questions for us concerning this Agreement, our Services, or LUXnow generally, please contact us at support@LUXnow.com.


General

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.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF MEMBERS AND PARTNERS FOR THE PURPOSES OF ARRANGING RENTALS WITH EACH OTHER THROUGH THE WEBSITE OR THROUGH LUXNOW OFFLINE, BUT YOU AGREE THAT LUXNOW HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ASSET PROVIDED BY PARTNERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS OF USE. LUXNOW CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY LISTINGS (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) AND THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY ASSET. CARTREKS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ASSETS. ACCORDINGLY, ANY RENTALS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK, AND USERS MUST SATISFY THEMSELVES WITH ANY OTHER USER’S CREDENTIALS, INCLUDING BUT NOT LIMITED TO, INSURANCE, LICENSES AND PERMITS CARRIED BY SUCH PARTNER. USERS ARE SOLELY RESPONSIBLE FOR OBTAINING INSURANCE COVERAGE SUFFICIENT TO PROTECT THEMSELVES OR THEIR RENTALS, AS APPLICABLE, AND WE RECOMMEND USERS MAINTAIN SUCH COVERAGE THROUGH THEIR RENTAL.

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.

Electronic or E-signatures. When you open a LUXnow Account on the Service or confirm a reservation for an Asset, you agree that you are intending to create an electronic signature affirming your full understanding and agreement to be legally bound by all of these Terms and that you are legally permitted to use and access the Services. We advise that you print and retain a copy of these Terms before you click on the “I agree to LUXnow’s Terms of Use” button prior to checkout. The most current version of these Terms will always be available for your review under the Terms of Use link located at www.LUXnow.com.

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:

  • Violate any law, including: (i) breach, violate, and/or circumvent any local, state or federal law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, third party rights or our systems, policies, or determinations of your account status; (ii) post false, inaccurate, misleading, defamatory, or libelous content on or concerning the Services; or (iii) infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to LUXnow, or that comes from the Services and belongs to another LUXnow user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written consent of LUXnow;
  • Submit any false information, including: (i) submit any false information including name, date of birth, driver’s license, credit card, insurance, or other personal information; (ii) submit a claim, or respond to a claim (for example about damage to a Asset), with false or misleading information; (iii) offer, as a Partner, any Asset that you do not yourself own or have authority to rent; (iv) offer, as a Partner, any Asset that may not be rented pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a lease or financing agreement; (v) offer, as a Partner, any Asset that has a salvaged, branded, or unclean title or that is not safe, legally registered, (and insured) to be operated on public roads or waters; (vi) as a Member rent or operate any Asset without a valid driver’s license or other required license to operate such Asset; (vii) as a Partner submit any listing with false or misleading information, or submit any listing with a price that you do not intend to honor; (viii) as either a Member or Partner register for a LUXnow Account on behalf of an individual other than yourself; or (ix) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Breach these Terms of Use or otherwise fail to honor your commitments, including: (i) fail to pay your fees or other amounts owed to LUXnow or another user; (ii) fail, as either a Member or Partner, to timely deliver, make available, or return any Asset, unless you have a valid reason as set out in our policies; (iii) use the Services to find a Partner or Member, and then complete an Asset rental or related transaction partially or wholly independent of LUXnow Services, in order to circumvent the obligation to pay any LUXnow Fees related to LUXnow’s provision of the Services or for any other reasons; (iv) transfer your LUXnow account and/or user ID to another party without our consent; (v) allow anyone other than an approved Member who is authorized in the applicable rental confirmation to operate the Asset you have rented; or (vi) list or provide to a Member an Asset that is subject to a safety recall without first properly addressing the matter subject to the recall;
  • Harm or threaten to harm users of our community, including: (i) stalk or harass any other LUXnow user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Partner or Member in accordance with these Terms; (ii) engage in physically or verbally abusive or threatening conduct; (iii) use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their consent, personal contact information, or credit, debit, calling card, or account numbers; or (iv) treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. Discrimination of any kind is not tolerated in the LUXnow community;
  • Use LUXnow for your own unrelated purposes, including: (i) contact a Member/Partner for any purpose other than asking a question related to a reservation or the Partner’s Asset(s) or listing(s); (ii) contact a Member for any purpose other than asking a question related to a reservation or such member’s use of LUXnow Services; (iii) commercialize any content found on LUXnow or software associated with our Services, including any reviews or other comments posted by LUXnow users; (iv) harvest or otherwise collect information about users without their and our consent; or (v) recruit or otherwise solicit any user to join third party services or websites that are competitive to LUXnow, without LUXnow’s prior written approval;
  • Interfere with the operation of the Services, including: (i) interfere with any other Partner’s listings; (ii) enter into a LUXnow transaction with a member of your family, household, friend, or acquaintance; (iii) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; (iv) distribute viruses or any other technologies such as cancel bots, spiders, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information, or similar automated tools, methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm LUXnow or the interests or property of others; (v) bypass robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; (vi) systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; (v) use, display, mirror, or frame the Services or any individual element within the Services, LUXnow’s name, any LUXnow trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without LUXnow’s express written consent; (vi) access, tamper with, or use non-public areas of the Services, LUXnow’s computer systems, or the technical delivery systems of LUXnow’s providers; (vii) attempt to probe, scan, or test the vulnerability of any of LUXnow’s system or network or breach any security or authentication measures; (viii) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by LUXnow or any of LUXnow’s providers or any other third party (including another user) to protect the Services; (ix) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (x) attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or endeavor to circumvent a suspension, termination, or closure of your account, including, but not limited to, creating a new account to circumvent an account suspension or closure.

Violations. LUXnow has the right, but not the obligation, to investigate, pursue, and seek to prosecute or litigate violations of these Terms of Use to the fullest extent permissible by law. LUXnow may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against LUXnow or to comply with legal subpoenas or warrants or other legal processes; to enforce or administer the Terms; to do so for risk assessment, fraud prevention, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of LUXnow, its employees, officers, directors, stakeholders, users, or members of the public.

LUXnow reserves the right, at any time and without prior notice, to remove or disable access to any content that LUXnow, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Use or otherwise harmful to the Services or our community. If we believe you are abusing LUXnow, our users, or employees in any way or violating the letter or spirit of any of these Terms of Use, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion and to deny you the right to use our Services in the future.

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:

  • Daily Rental Rate: The total rental rate disclosed on the reservation (the “Total Rental Rate”) is the daily rental rate multiplied by the number of days you reserve the Asset for;
  • Add-On Features: If you request additional services, such as concierge services for our yacht Assets, then you will be charged the amount listed on the reservation.
  • Delivery Fee: If you request an Asset that the Partner delivers to you, the Partner may opt to charge a fee for the delivery. The amount may vary based on the Partner's listing, but the cost will be included with the full pricing breakdown when you book the rental;
  • Cancellation Fees: If you cancel your confirmed reservation within one (1) hour of confirmation, there will be no cancellation fee and any amount charged to your method of payment will be credited to you. If you cancel your confirmed reservation outside of the one-hour permitted cancellation window, you will be assessed cancellation fees as follows: after the first hour after confirmation but prior to 72 hours before the reservation start date/time a cancellation fee equal to 50% of the amount of the rental will be assessed. If you cancel within 72 hours of the scheduled start date/time you will pay for the entire amount of the rental without any discount, credit or allowance; and
  • Incidental Fees: In addition to the fees described above, you may be charged for additional items including extra mileage, tolls, parking tickets, fuel, extensions costs, cleaning fees, late fees, etc. based on your rental and whether or not you extend your rental. You will also be charged a fee of $50 if after your reservation is confirmed we discover, as applicable, your driving, credit, insurance or other reports contain adverse information that form the basis for our cancellation of your reservation. In the event of any unpaid tolls or tickets that are discovered after the rental is complete, you will be charged for the actual cost of the ticket or toll plus an additional $20 administrative fee.

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:

  • For Partners with fewer than five (5) Assets listed for rent: You will receive 70% of the Daily Rental Rate and all other fees charged to the Member. If you are providing coverage under an insurance policy that covers the Member’s rental, you should include that amount in the Daily Rental Rate or arrange for the Member to pay for such coverage separately at the time of pick-up;
  • For Partners with five (5) or more Assets listed for rent: You will receive 75% of the Daily Rental Rate and all other fees charged to the Member. If you are providing coverage under an insurance policy that covers the Member’s rental you should include that amount in the Daily Rental Rate or arrange for the Member to pay for such coverage separately at the time of pick-up.

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.

Third Party Payment Method. LUXnow uses Authorize.Net (“Authorize”) as a third party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Services, you agree to be bound by Authorize’s Privacy Policy available at https://www.authorize.net/about-us/privacy/. You hereby consent to provide and authorize LUXnow and Authorize to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with these Terms of Use, including personal, financial, credit card payment, and transaction information.

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.


LEGAL DISPUTES FOR PARTNERS AND MEMBERS
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIMS YOU AND LUXnow MAY HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, you and LUXnow agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms of Use, your use of or access to the Services or any breach, enforcement, or termination of these Terms of Use will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Florida, without regard to principles of conflict of laws, will govern the Terms of Use and any claim or dispute that has arisen or may arise between you and LUXnow, except as otherwise stated in these Terms of Use. These Terms of Use and your use of the Services will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Dade County, Miami, Florida or the United States District Court for the Southern District of Florida located in Miami, Florida.

Agreement to Arbitrate. You and LUXnow each agree that any and all disputes or claims that have arisen or may arise between you and LUXnow (including its respective subsidiaries, employees, officers, directors, stockholders and agents) relating in any way to or arising out of this or previous versions of the Terms of Use, your use of, or access to the Service, or any services sold, offered, or purchased through LUXnow’s Services (such as listing or renting an Asset) or any breach, enforcement, or termination of these Terms of Use shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Alternatively, you may assert your claims in small claims court in Miami, Florida, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

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.

Severability. With the exception of any of the provisions in the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms of Use, and its Legal Disputes Section will continue to apply.

Procedure to Opt-Out of Arbitration. IF YOU ARE A NEW LUXnow USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO SUPPORT@LUXnow.COM EMAIL ADDRESS (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF USE FOR THE FIRST TIME. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your LUXnow Account(s) to which the opt-out applies to support@LUXnow.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against LUXnow prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and LUXnow. If you do not agree to these amended terms, you may close your account within the 30 days of posting or notification and you will not be bound by the amended terms but will arbitrate any dispute in accordance with the provisions of the “Agreement to Arbitrate” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to LUXnow, you do NOT need to submit another one when the Terms of Use are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of the Terms.

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.


OTHER LEGAL MATTERS

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.

Application License. If you access the Services via the Application, we grant you a revocable, non-exclusive, non-transferable, limited right to download, install and use a copy of the mobile application on wireless electronic devices owned or controlled by you, and to access and use a copy of the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use solely for your own personal or internal business purposes. The following terms apply when you use the Application obtained from either the Apple Store or Google Play (each, an “App Distributor”) to access the Services: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the Application (e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Application); and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

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:

  1. You acknowledge and agree that (i) these Terms of Use are concluded between you and LUXnow only, and not Apple, and (ii) LUXnow, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between LUXnow and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LUXnow.
  4. You and LUXnow acknowledge that, as between LUXnow and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  5. You and LUXnow acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between LUXnow and Apple, LUXnow, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
  6. You and LUXnow acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  7. Without limiting any other terms of these Terms of Use, you must comply with all applicable third-party terms of agreement when using the 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:

  1. You acknowledge and agree that (i) the Terms of Use are concluded between you and LUXnow only, and not Google, Inc. (“Google”), and (ii) LUXnow, not Google, is solely responsible for the Google Play Sourced Application and content thereof. Your use of the Google Play Sourced Application must comply with the Google Play Agreement of Service;
  2. Google is only a provider of Google Play where you obtained the Google Play Sourced Application;
  3. LUXnow, and not Google, is solely responsible for its Google Play Sourced Application;
  4. Google has no obligation or liability to you with respect to LUXnow’s Google Play Sourced Application or these Terms of Use; and
  5. You acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as it relates to LUXnow’s Google Play Sourced Application.

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 dmca@luxnow.com. 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.

Termination. You may discontinue your use of the Services at any time and LUXnow may terminate your access to the Services for any reason or no reason. Termination of access to the Services will not release either party from any obligations incurred prior to the termination and LUXnow may retain and continue to use any information previously provided by you. Termination of these Terms of Use will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under these Terms of Use and/or any fees due, and all of those terms will survive any termination of these Terms of Use.

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.

Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST LUXnow AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, OR EMPLOYEES (THE “LUXnow PARTIES”) AND ANY LUXnow USER (EXCEPT FOR TRANSACTIONS WHERE LUXLOW PROVIDES IOWN INSURANCE/PROTECTION) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, An ASSET NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN An ASSET, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE LUXnow PARTIES, ANY ACTIONS OR INACTION OF THE ASSET OWNER. NEITHER LUXnow NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY ASSET VIA THE SERVICES. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS OR LEGAL THEORY, EVEN IF LUXnow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Except for our obligations to pay amounts to applicable Partners or Members pursuant to these Terms, in no event will LUXnow’s aggregate liability arising out of or in connection with this THESE TERMS OF USE or your use of the Services, exceed the greater of the amounts you have paid or owe for bookings via the Services as a Member in the twelve month period prior to the event giving rise to the liability, or if you are Partner, the amount earned by you in the TWELVE (12) month period prior to the event giving rise to the liability, or US $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LUXnow AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY LUXnow USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES UNLESS (1) YOU ARE A RENTAL CAR COMPANY WHO DECLINED A PROTECTION PACKAGE VIA LUXnow AND ARE MAKING A CLAIM AGAINST A MEMBER WHO RENTED An ASSET FOR WHICH YOU OPTED TO PROVIDE YOUR OWN INSURANCE OR PROTECTION TO THE MEMBER; OR (2) YOU ARE A MEMBER WHO RENTED An ASSET FROM A RENTAL CAR COMPANY THAT OPTED TO DECLINE A PROTECTION PACKAGE VIA LUXnow AND OPTED TO PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT COMPANY.

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.

No Agency. Notwithstanding our reference to you as a “Member” or “Partner,” LUXnow does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of LUXnow and LUXnow will not make commitments on your behalf, except as contemplated by Services or expressly stated in these Terms of Use.

Entire Agreement. These Terms of Use state the entire understanding between you and LUXnow concerning your access to and use of the LUXnow Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your Assets on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of the LUXnow. You will remain responsible for your obligations hereunder in any event. If any provision of these Terms of Use is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. A LUXnow Officer must agree to any modification or waiver of any term of these Terms of Use in writing. LUXnow’s failure to exercise any right under these Terms of Use will not constitute a waiver of any other right LUXnow may have.

Headings. Headings are for reference purposes only and do not limit the scope or extent of such Section. Except as otherwise provided herein, if any provision of these Terms of Use are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

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.


SPECIFIC TERMS FOR PARTNERS

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.