Next Luxury Terms And Conditions

Next Luxury Terms of Use Agreement

Date of last revision: March 10, 2020

This terms of use agreement (“Agreement”) is between NextLuxuryDotCom LLC (“NextLuxury,” “we,” “us,” “our,” or “ourselves”) and the person or entity (“you” or “your”) that has decided to use our services; any of our websites, including NextLuxury.com; any of our apps; or any features, products, graphics, text, images, photos, audio, video, location data, computer code, and all other forms of data and communications (collectively, “Services”).

By using the Services in any way, you agree to be bound by this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, posted at http://nextluxury.com/next-luxury-privacy and incorporated by reference herein, do not use the Services.

The terms of this Agreement are subject to change at any time as set out in Section X (I). It is your responsibility to check periodically for any changes. Continued use of the Services shall constitute acceptance of any changes.

I. Description of the Services

A. The Services include an online magazine and newsletter, supplemented with user generated content and photographs, focusing on men’s health and high-end lifestyle. The website provides content about travel, cuisine, health, style, wealth, and more.

B. All content on the Services, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to NextLuxury. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. All Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

C. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of NextLuxury.

D. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of NextLuxury, and agree to abide by any and all copyright and other legal notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.

 

II. Your Use of the Services

A. Your Representations and Eligibility to Use Services. By using the Services, you represent and warrant you: (i) have the authority and capacity to enter this Agreement; (ii) are at least 18 years old; and, (iii) are not precluded or restricted in any way from using the Services, either by law or due to previous suspension from the Services.

B. Truthfulness of Information. You represent and warrant that all information you submit when using the Services is complete, accurate, and truthful. You are responsible for maintaining the completeness, accuracy, and truthfulness of such information.

C. Limited Use of Services. The Services are only for the uses specified in this Agreement. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. We reserve the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Services.

  1. You agree that our Services contain proprietary information and material that we own and is protected by applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws.
  2. Our ownership extends to all content, features, and functionality on the website or app, and in our communications, that is protected or protectable under the law.
  3. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement.
  4. In no way should your use of the Services be construed to diminish our intellectual property rights or be construed as a license or the ability to use the Services in any context other than as expressly permitted under this Agreement.

D. Prohibited Activities. You shall not engage in the following activities:

  1. Reproduce any portion of the Services in any form or by any means, except as expressly permitted in this Agreement or otherwise in writing by our authorized agent.
  2. Modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way.
  3. Use the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same.
  4. Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
  5. Access another’s account without permission of us or that person.
  6. Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware.
  7. Spam any comments section with offers of goods and services, or inappropriate messages.
  8. Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services.
  9. Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
  10. Solicit passwords or personal identifying information for commercial or unlawful purposes from others or disseminate another person’s personal information without that person’s permission.
  11. Post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
  12. Post or transmit any material that deceptively impersonates any person or entity.
  13. Post or transmit any material belonging to your employer unless you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.
  14. Post or transmit any material unless you have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to NextLuxury any required rights to use the material.

Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.

E. Email Subscription. We maintain a listserve to send a newsletter for those who wish to receive updates on the latest trends and content. You may opt in to receive such emails through our website and opt out at any time.

F. Account Creation. In order to access some features of the Services, you will have to create an account. You may never use another’s account without the account holder’s permission. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to the Services, you are required to update that information immediately.

G. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NextLuxury immediately of any breach of security or unauthorized use of your account. Although NextLuxury will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NextLuxury or others due to such unauthorized use.

 

III. Third Party Content / Interactive Features

A. The Services may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, including photographs approved to be reproduced on the Services through social media, by you, other users, and other third parties such as our partners or affiliates (“Third-Party Content”).

B. Third-Party Content also includes, but are not limited to, reviews, photograph submissions, profile submissions, and any other interactive area of the Services.

C. By posting, submitting, uploading, or consenting to the republishing of any Third-Party Content (including through hashtag acknowledgements on social media) (collectively, “Submitting”), you automatically grant, and you represent and warrant that you have the right to grant, to NextLuxury an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third-Party Content and to prepare derivative works of, or incorporate into other works, said Third-Party Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by Submitting Third-Party Content to the Services, you automatically grant NextLuxury all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third-Party Content by any party for any purpose. You acknowledge that by Submitting any Third-Party Content, you are granting NextLuxury the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to NextLuxury, any and all such material or content.

D. You acknowledge that the interactive features on the Services are not for private communications. You acknowledge that you have no expectation of privacy with regard to any content you submit to the Services. NextLuxury cannot guarantee the security of any information you disclose through the Services. You make such disclosures at your own risk. NextLuxury has no obligation to retain or provide you copies of Third-Party Content.

E. When posting Third-Party Content, you agree never to use a third-party agent, service, or intermediary that offers to post Third-Party Content to the Services on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third-Party Content on behalf of others, to cause Third-Party Content to be so posted, or otherwise access the Services to facilitate posting Third-Party Content on behalf of others, except with express written permission from NextLuxury.

F. You must not describe or assign keywords to your Third-Party Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and NextLuxury may change or remove any description or keyword that it considers inappropriate or unlawful in NextLuxury’s sole discretion.

G. You are and shall remain solely responsible for any and all Third-Party Content you post, submit, create, or consent to the reposting of, on the Services. You acknowledge that any information you disclose through the Services becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on the Services. Any such disclosures are at your own risk.

H. You understand that when using the Services, you will be exposed to Third-Party Content from a variety of sources, and that NextLuxury is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You further understand and acknowledge that you may be exposed to Third-Party Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NextLuxury with respect thereto, and agree to indemnify and hold NextLuxury, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

I. Third-Party Content may contain the views and opinions of individual content authors. NextLuxury does not endorse any Third-Party Content or any opinion, recommendation, or advice expressed therein, and NextLuxury expressly disclaims any and all liability in connection with Third-Party Content.

J. NextLuxury does not prescreen Third-Party Content submitted and NextLuxury has no duty to monitor any interactive area of its website. Although we may monitor or review Third-Party Content from time to time, we do not actively monitor the Third-Party Content of the interactive areas, including photographs posted to articles, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third-Party Content, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. NextLuxury may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any the Services forum.

 

IV. Unsolicited Material and Ideas

A. We are happy to hear from users and welcome feedback regarding the Services. However, neither the Services nor NextLuxury are responsible for the similarity of any of its content in any media to materials or ideas you provide to the Services.

B. If you transmit unsolicited submissions to us through the Services or otherwise, you grant NextLuxury a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as NextLuxury sees fit.

C. By using the Services and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Services, NextLuxury and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.

 

V. INDEMNITY

A. You agree to defend, indemnify and hold harmless NextLuxury, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

(1)       Any Third Party Content you post, submit, or consent to the reposting of;

(2)       your use of and access to the Services;

(3)       your participation in any interactive area of the Services;

(4)       your violation of any term of these Terms of Use;

(5)       your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right;

(6)       your violation of any law, rule or regulation of the United States, any state, or any other country;

(7)       any claim that Third-Party Content posted, submitted, or consented by you or using your account caused damage to another third party.

(8)      any other party’s access and use of the Services with your account.

B. This defense and indemnification obligation will survive these Terms of Use and any termination of your use of the Services.

 

VI. Disclaimers and Waivers

A. No Guarantees, Endorsements, or Investigation

We fund our Services primarily through sponsored content, referral revenue, banner ads, and other advertisements on our website. We do not investigate third-parties or their content, including those companies, information, items, and services identified through any of our content or advertisements through our Services. We do not provide any guarantees or endorsements of any third-party, their content, or their products or services. You accept all risks associated with or relating to any third party or their products or services. You agree not to hold us liable for matters relating to any third party, including for their conduct, products, services, and information provided.

WARRANTY DISCLAIMER

  1. THE SERVICES, INCLUDING ANY CONTENT, THIRD-PARTY CONTENT, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEXTLUXURY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
  2. NEXTLUXURY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
  3. NEXTLUXURY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY AND NEXTLUXURY WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
  4. YOU ACKNOWLEDGE THAT NEXTLUXURY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON THE SERVICES, THE TRUTH OR ACCURACY OF ANY THIRD-PARTY CONTENT.
  5. NEXTLUXURY, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SERVICES AND/OR THOSE SERVICES.
  6. YOU WAIVE ANY LIABILITY OF OR CLAIMS AGAINST US FOR ANY INJURIES OR DAMAGES (INCLUDING COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES) YOU SUSTAIN AS A RESULT OF OR ASSOCIATED WITH USING THE SERVICES, INCLUDING ON RELIANCE OF ANY CONTENT OR REPRESENTATION ON OUR WEBSITE. YOU WAIVE ANY CLAIM OR LIABILITY STEMMING FROM OUR NEGLIGENCE.
  7. WHERE OUR SERVICES INCORPORATE OR UTILIZE ANY INFORMATION, SOFTWARE, OR CONTENT OF A THIRD PARTY, YOU WAIVE ANY LIABILITY OR CLAIM AGAINST US BASED UPON THAT INFORMATION, SOFTWARE, OR CONTENT—INCLUDING BASED UPON THE NEGLIGENCE OF THAT THIRD PARTY.
  8. YOU UNDERSTAND AND AGREE THE ABOVE WAIVER EXTENDS TO ANY CLAIM OF ANY NATURE OR KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, REGARDLESS OF WHEN THE CLAIM FIRST EXISTED.

C. California-Specific Waiver and Notices

You understand and agree the above waiver includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “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.”

The following notice is for California users: Pursuant to California Civil Code Section 1789.3: If you have a question or complaint about us, our products, or our Services please contact us at [email protected]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by telephone at (800) 952-5210 or by mail at the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

D. Advertising and Referral Revenue

We fund our Services primarily through advertising and referral revenue. Through our Services, we may provide various advertisements, third-party links, and sponsored reviews.

 

VII. Limitation of Services and Termination

A. Right to Remove Content

We reserve an unrestricted right to remove content at any time without advanced notice. Nonetheless, we are not responsible for any third-party content and make no commitment or assurances that we will remove, monitor, or assess any specific third-party content, regardless of its content or character.

B. Right and Grounds to Terminate Access

To protect us and our users, we reserve an unrestricted right to refuse, terminate, block, or cancel your application to, account with, or access to the Services at any time, with or without cause. You acknowledge here that you have no right to use of the Services should we terminate or suspend your account. Primary reasons warranting termination include (and primary reasons leading to suspension pending investigation of claims or evidence of the following):

  1. You violating any of the provisions of this Agreement;
  2. You hindering or interfering with us in providing our Services;
  3. You making misrepresentations, lying, or deceiving us; and,
  4. You using the Services in violation of: any international, federal, state, or local law; or applicable regulation, rule, or order by any regulatory, governing, or private authority, or a court of competent jurisdiction.

C. No Right to Services or Content

You neither possess nor retain any ownership of or rights to the Services, regardless of who generated the content. Upon termination, you have no right to access, retain, or have returned any such information.

D. Termination of Account. You agree that NextLuxury, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any content within the Services, for any reason, including, without limitation, if NextLuxury believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that NextLuxury shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination.

E. Termination of Service. NextLuxury may modify, suspend, discontinue or restrict the use of any portion of the Services, including the availability of any portion of the content at any time, without notice or liability. the Services may deny access to any registered member or other user at any time for any reason, or no reason at all in our sole discretion. In addition, the Services or NextLuxury may at any time transfer rights and obligations under these Terms of Use to any NextLuxury affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires NextLuxury, the Services or any of their respective assets. You agree that NextLuxury shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.

F. Survival

The parties’ obligations under this Agreement, which by their nature are intended to continue beyond the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement. Without limiting the generality of the forgoing, Sections I(B), I(C), I(D), III, IV, V, VI, VIII, IX, and X shall survive the termination or expiration of this Agreement.

 

VIII. Digital Millennium Copyright Act

A. Infringement Not Permitted. NextLuxury does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and NextLuxury will remove any content if properly notified that such content infringes on another’s intellectual property rights. NextLuxury reserves the right to remove any content without prior notice.

B. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(1)       A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2)       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(3)       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(4)       Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(5)       A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6)       A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NextLuxury’s designated Copyright Agent to receive notifications of claimed infringement is:

NextLuxuryDotCom LLC

Attn: Copyright Agent

[email protected]

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

C. Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:

(1)       Your physical or electronic signature;

(2)       Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

(3)       A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

(4)       Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

D. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, the Services may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Services sole discretion.

 

IX. Governing Law / Disputes

A. You agree that the Services shall be deemed solely based in the State of Nevada.

B. The Services shall be deemed a passive website that does not give rise to personal jurisdiction over NextLuxury, either specific or general, in jurisdictions other than Nevada.

C. Governing Law / Jurisdiction. These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. These Terms of Use are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Use, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.

D. Disputes. Any dispute, claim or controversy arising out of or relating to the Services, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Services (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

E. Statute of Limitations. You agree to file any claim regarding any aspect of the Services or these Terms of Use within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

F. Class Action Waiver. YOU AGREE THAT ANY ARBITRATION OR OTHER LEGAL PROCEEDING SHALL BE CONDUCTED IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU EXPRESSLY WAIVE YOUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND NEXTLUXURY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

X. General Provisions

A. Successors and Assignees

We may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of our corresponding assets. You may not assign this Agreement.

You agree that any waiver or protections afforded to us are also provided to our affiliates, directors, officers, principals, employees, agents, and successors in their roles and relationship with us. You also acknowledge that all waivers and agreements bind not only you, but any successors, heirs, agents, and other representatives.

B. Arbitration

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. You understand and accept that, by agreeing to arbitration, you are foregoing your access to a trial by jury.

C. Limitation of Liability

To the maximum extent permitted by law, in no event shall we or our agents be liable to you or any other person or entity for any direct, punitive, incidental, special, consequential, or exemplary damages.

D. Consent to Electronic Service.

When you use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

E. Waiver

If one party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.

F. Severability

If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of this Agreement will remain in effort and be construed and enforced consistent with the purpose of this Agreement, to the fullest extent permitted by law. Furthermore, if a provision is deemed invalid or unenforceable, you agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.

G. Understanding of Agreement

You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement and have either done so or chosen not to do so in entering this Agreement. Regardless of your choice, you intend to be fully bound by this Agreement.

H. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between us, and supersedes all prior agreements, representations, and understandings, oral or written, between us.

I. Modification. We reserve the right to amend these Terms of Use at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. The most current version of these Terms of use will supersede all previous versions. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Services.

J. Ability to Accept Terms of Use. You hereby declare, represent and warrant that you are over eighteen (18) years of age, or that you are an emancipated minor, or that you possess legal parental or guardian consent, and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Use. the Services is not intended for use of children under eighteen (18) years old. Children under eighteen (18) years of age are hereby explicitly prohibited from using the Services.

K. Consent. By using the Services in any way you are agreeing to comply with these Terms of Use. In addition, when using a particular the Services service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue your use of the Services.

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