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Last revised: January 29, 2019
IT IS IMPORTANT THAT YOU READ THESE LUXURY VEHICLE RENTAL TERMS OF SERVICE SET FORTH BELOW (“TERMS”) 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 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.
YOU UNDERSTAND THAT LUXnow IS NOT A RENTAL CAR COMPANY AND OUR WEBSITES AND MOBILE APPLICATIONS SOLELY FACILITATE THE RENTAL OF VEHICLES BY THEIR OWNERS (WHO WE REFER TO AS “PARTNERS”) TO DRIVERS SEEKING TO RENT THEM (WHO WE REFER TO AS “MEMBERS”) IN ACCORDANCE WITH THESE TERMS. YOU UNDERSTAND AND AGREE THAT LUXnow IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTNERS AND MEMBERS, NOR IS LUXnow AN AGENT OR INSURER. 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 VEHICLES LISTED FOR RENT ON OUR SITES OR APPLICATION. LUXnow DOES NOT OWN, INSPECT, OR RENT ANY VEHICLES LISTED FOR RENT ON OUR SERVICE. LUXnow DOES NOT CURRENTLY PROVIDE INSURANCE OF ANY KIND TO ANY PERSON OR ENTITY IN CONNECTION WITH THE SERVICES.
Lux Now LLC. (hereinafter referred to as “LUXnow”, “we”, “us”, “our” or “ours”), provides an online web and mobile platform that connects owners of luxury and exotic vehicles (occasionally referred to as “Partners”) to drivers seeking to rent them (occasionally referred to as “Members”) (“the Services”). LUXnow is accessible online at www.LUXnow.com and as an application for mobile devices (sometimes referred to as the “Site”) and as applications for mobile, tablet and other smart devices and application program interfaces (sometimes referred to as the “Application”). By accessing or using the Services, including by communicating with us or other LUXnow users, you agree to comply with, and be legally bound by, the provisions of these Terms, whether or not you become a registered user of the Services. These Terms govern your access to, and use of, the Services and constitute a binding legal agreement between you and LUXnow.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, or Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, or Services.
LUXnow reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification to the email you provided to us when registering, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your account.
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.
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 you must have a current motor vehicle insurance policy that provides comprehensive and liability coverage on your personal car 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 a vehicle, you must sign up for an account with us (hereinafter a “LUXnow Account”) by either providing us your email address and creating a password or through a third-party social networking site account (including, Facebook and Google). In order to book a rental or offer a vehicle for rent using the Services you must provide us with additional information and become a Member or Partner, as the case may be.
Verification. When you sign up to either list or rent a vehicle (i.e., as a Partner or Member), you will provide us with certain information about yourself to enable us to verify your identity 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 vehicle(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 vehicles, including driving history and driver’s license validity, insurance coverage and vehicle ownership, but we do not endorse any vehicle, 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.
Agreement to electronic or e-signatures. When you open a LUXnow Account on the Service or confirm a reservation for a vehicle, 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 Service” button prior to checkout. The most current version of these Terms will always be available for your review under the Terms of Service 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 are also authorizing LUXnow to obtain your personal and/or business auto insurance score, credit report or conduct a background check at any time LUXnow reasonably believes there may be an increased level of risk associated with your LUXnow Account.
Ongoing Information Updates. 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.
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 vehicle, with a clean (non-salvage/branded) title, in good mechanical condition, on-time to the Member renting your vehicle. As a Member, you commit that you’ll be a legally licensed driver, who will treat the vehicle well and will take all reasonable measures to return the vehicle 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, drivers license, credit card, insurance, or other personal information; (ii) submit a claim, or respond to a claim (for example about damage to a vehicle), with false or misleading information; (iii) offer, as a Partner, any vehicle that you do not yourself own or have authority to rent; (iv) offer, as a Partner, any vehicle 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 vehicle that has a salvaged, branded, or unclean title or that is not safe, legally registered, (and insured) to be driven on public roads; (vi) as a Member rent or drive any vehicle without a valid driver’s license; (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 this Agreement 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 vehicle, 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 a vehicle 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 drive the vehicle you have rented; or (vi) list or provide to a Member a vehicle 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 LUXnow 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 vehicle(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 this Agreement 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 this Agreement 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 this Agreement, 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.
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 a vehicle 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: Luxury and exotic vehicles listed on our Services are priced differently based on a variety of factors including the type of vehicle, time of year, and location. Vehicle prices are displayed on each listing. Each Partner chooses how much they’d like to charge to rent out their vehicle, or uses automatic pricing. However, they all follow the same pricing structure. The total cost for the rental 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 rental (Daily 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 that ranges from $1,500 to $3,000 depending on the value of the vehicle you have selected. This amount will also appear on the rental confirmation.
Payment to Partners: There is no fee for Partners to list their luxury or exotic vehicle for rent on our Services. As the vehicle owner you have the ability set the Daily Rental Rate on your listing or you can 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 3 business days.
Collection of Fees. You must have a valid payment method on file and pay all fees associated with our Services by the payment due date. If your primary payment method fails or your 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 engagements of collection agencies or legal counsel. 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 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 vehicle 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.
You as a Partner 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 vehicle is registered may require Taxes to be collected from Partners or Members on the amount paid for the right to operate the vehicle, 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 (hereafter, “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.
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. LUXnow currently does not offer any accident, liability, personal property or any other type of insurance coverage on vehicles rented using our Services. Members renting a vehicle using the Service are required to have comprehensive and liability coverage on the Member’s personal vehicle which extends to the rental of a vehicle 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 a vehicle 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 the Terms of Service, your use of or access to the Service or any breach, enforcement, or termination of this Agreement 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 Service and any claim or dispute that has arisen or may arise between you and LUXnow, except as otherwise stated in the Terms of Service. These Terms 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 a 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 Service, your use of, or access to the Service, or any services sold, offered, or purchased through LUXnow’s Services (such as listing or renting a vehicle) or any breach, enforcement, or termination of this Agreement 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 a vehicle using our Services, a Partner’s pursuit of self-help remedies (repossession), an action to recover the vehicle (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, the Terms of Service, 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 SERVICE 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 Service 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.
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.
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 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.
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 a vehicle 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 vehicles and/or owners with their vehicles (“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 vehicle. 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 you include them 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 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 vehicle 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 vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by LUXnow of any user or any vehicle. Likewise, LUXnow may, but does not commit to, undertake efforts to ensure the safety of vehicles rented through the Services. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any vehicles beyond our policies that require vehicle owners to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, 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 vehicle to acquaintances, friends, or family to qualify for Partner promotions.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. In connection with posting any photographs, images or other content on the Services, whether in connection with listing a vehicle for rent or otherwise, you covenant that you own or have a valid license to use all photographs or other content you post through the use of the Services and that such photographs and other content does not infringe upon the copyright or other intellectual property rights of any other person or entity.
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 this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.
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 a vehicle shared through the LUXnow Services.
Disclaimers.LUXnow PROVIDES SERVICES THAT ENABLE VEHICLE RENTALS BETWEEN VEHICLE OWNERS AND VEHICLE RENTERS. LUXnow DOES NOT ITSELF PROVIDE VEHICLE RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE VEHICLE 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 vehicle, 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, vehicles, 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.
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 AS DETAILED BELOW FOR RENTAL CAR COMPANY TRANSACTIONS WHERE THE COMPANY PROVIDES THEIR OWN INSURANCE/PROTECTION) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A VEHICLE NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, 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 VEHICLE 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 VEHICLE 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 Agreement 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 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 A VEHICLE FOR WHICH YOU OPTED TO PROVIDE YOUR OWN INSURANCE OR PROTECTION TO THE MEMBER; OR (2) YOU ARE A MEMBER WHO RENTED A VEHICLE 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 and its subsidiaries, officers, directors, employees, stockholders and agents, 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 a vehicle, or creation of a listing for a vehicle; or the use, condition, or rental of a vehicle 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 a vehicle.
Liquidated damages.You acknowledge that the actual damages likely to result from engaging in gray market transactions (i.e., using LUXnow to find a renter or vehicle, and then completing a vehicle 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.
LUXnow is not a rental car company. It does not own a fleet of vehicles, and is not, in the business of renting vehicles to the public. LUXnow is in the business of providing an online platform where owners of exotic and luxury vehicles and those who desire to drive such a vehicle can meet and share vehicles amongst themselves subject to these Terms.
Rounding off. LUXnow may, in its sole discretion, round up or down amounts that are payable from or to Partners or Members to the nearest dollar.
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 this Agreement.
Entire Agreement. This Agreement states 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 vehicles 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 this Agreement 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 this Agreement in writing. LUXnow’s failure to exercise any right under this Agreement 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 in this Agreement, if any provision of these Terms of Service 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: 1031 5th Street, 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, NOR IS LUXnow AN OWNER OR PROVIDER OF VEHICLES. WHEN YOU ARRIVE TO RENT A VEHICLE, THE NAME OF THE VEHICLE’S PARTNER WILL BE CLEARLY IDENTIFIED ON YOUR RENTAL CONFIRMATION. THESE TERMS ARE INCORPOATED BY REFERENCE INTO YOUR AGREEMENT WITH THE PARTNER AND YOU ARE AGREEING TO RENT THE VEHICLE FROM THE PARTNER THROUGH THE SERVICE ON THE TERMS SET FORTH IN THESE TERMS.
The following Sections also apply if you rent a luxury or exotic vehicle using the Services:
Fees. You are responsible for paying all fees when they come due. You authorize LUXnow to charge any payment methods on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period. You will also pay for the actual cleaning cost incurred by the Partner for cleaning the vehicle’s interior upon return for stains, dirt or soilage attributable to your use as determined solely by the Partner. Unless the Partner consents in writing to your smoking in the vehicle, you will pay an additional charge if you return the vehicle and it smells of smoke. Lastly you may incur fees related to insurance protection plans you select when booking the reservation. Additional information regarding the various fees you may incur is available on our FAQs and on our Non-Smoking Policy.
Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance, personal umbrella policy, or insurance from credit cards, etc.) which can be the primary source of funds for your liabilities hereunder. You acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your activities through the Services. Nothing in these Terms is intended to limit your responsibilities or LUXnow’s legal rights in connection with your use of the Services. You acknowledge that LUXnow may require and hold a security deposit ranging from $1,500 to $3,000 depending upon the value of the vehicle you reserve as part of the reservation of a vehicle.
Use of the Vehicle. When you rent a vehicle from a Partner through LUXnow, you must use the vehicle only for your personal use and not for any commercial purposes. You may not access a vehicle until the beginning of your rental period and you must return the vehicle on time and in the correct location. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event LUXnow has any concern about your use of a vehicle, LUXnow may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the Partner. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning carseats and other protections for young passengers.
Prohibited Use of the Vehicle. It shall be a violation of this Agreement if:
ONLY THE MEMBER AND ANY ADDITIONAL DRIVERS IDENTIFIED ON YOUR RENTAL CONFIRMATION MAY DRIVE THE VEHICLE. YOU WILL BE FULLY FINANCIALLY RESPONSIBLE FOR ANY CLAIMS, LOSS, OR DAMAGE RELATED TO YOUR MISUSE OF A VEHICLE.
Condition of the Vehicle. You understand that third parties own the vehicles offered through the Services. Each Partner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, LUXnow may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; in that event, please contact the LUXnow team immediately at support@LUXnow.com.
Incident Reporting. You must immediately report any damage to the vehicle you are using to LUXnow at support@LUXnow.com, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide LUXnow or third party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by LUXnow, third party claims administrators, or the Partner’s insurer. After an incident, you may not continue to use the vehicle unless you have the explicit consent of LUXnow staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any insurance coverage that may extend to you from the Partner.
Vehicle Theft. It is a felony in most states to fail to return a rental car within a certain period of time after the rental period has expired. Although not a comprehensive list, the following conduct may result in the reporting of the vehicle you have rented as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your insurance coverage and/or insurance coverage plan, if any: (i) If you fail to return the vehicle you have rented at the time and place agreed upon with the Partner and/or designated in your reservation; (ii) If you do not return the vehicle by the end of the rental period and you have not properly obtained an extension of the reservation through the Services; (iii) If the vehicle’s interior components are stolen or damaged when vehicle is unlocked or keys are not secured during the rental period; (iv) If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the rental period; who has obtained the keys without consent of the Partner; or who misrepresents or withholds facts to/from the Partner or LUXnow material to the rental, use or operation of the vehicle; (v) If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the Partner; (vi) If you misrepresent facts to the Partner pertaining to the rental, use, or operation of vehicle (e.g., you intended to use the vehicle for commercial purposes); or (vii) If you fail or refuse to communicate in “good faith” with Partner, police, LUXnow, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fails to cooperate in the investigation of any accident or vandalism.
Repossession.LUXnow, the Partner or any agent of LUXnow or the Partner may repossess any vehicle rented through the Services without notice or demand, at the Member’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing or Stolen Vehicles.If a vehicle you have rented through the LUXnow Services goes missing and/or is stolen during the rental period (or extension period), you, as the renting Member, must immediately return the original ignition key to the owner; file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and cooperate fully with the Partner, law enforcement, LUXnow, and other authorities in all matters related to the investigation. As you are primarily responsible for any loss or damage to the vehicle you should also notify your insurance carrier immediately.
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 VEHICLE, 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 VEHICLE 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 VEHICLE THROUGH THE USE OF THE SERVICES. ANY INSURANCE COVERAGE RELATED TO THE RENTAL OF YOUR VEHICLE 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 vehicle through the LUXnow Services:
Information Provided when establishing a LUXnow Account. When you sign up for LUXnow, you will identify luxury and exotic passenger vehicle(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 abele to be rented using the Service. You may only use the Services in connection with vehicles 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.
Vehicle Availability. Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the Member. If you offer the Member the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to LUXnow and ensure that the vehicle is available at that location at the beginning of the rental period. Before you provide a prospective Member with your 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 vehicle 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 vehicle 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 vehicle 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 recurring cancellations.
Maintenance. You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle 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 vehicles 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 vehicle to be rented. In addition, if LUXnow believes that your vehicle does not conform to reasonable standards, LUXnow will notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. LUXnow may, but does not commit to, undertake efforts to ensure the safety of vehicles 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 vehicle. 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 VEHICLE THROUGH THE USE OF THE SERVICES. ANY INSURANCE COVERAGE RELATED TO THE RENTAL OF YOUR VEHICLE 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 vehicle 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 vehicle(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 vehicle 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 account for failure to be transparent up front with Members about insurance fees, costs, and requirements in your vehicle 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 vehicle pick-up.
You shall defend, indemnify, and hold LUXnow, its subsidiaries, affiliates, employees, officers, directors, stockholders and agents, and any of your renting Members or their authorized drivers, 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 vehicles, including without limitation, any vehicle damage, personal injury or property damage where you have agreed to extend your insurance coverage to a Member renting your vehicle on our Service.
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