Luxe Pricing (referred to as “Luxe,” “we,” or “us,” as the context provides) owns and operates the website located at: Prestay.luxe (our “Site”). These Terms of Service (these “Terms”) govern any access to our Site and the use of all services offered on our Site (collectively, referred to as our “Services”).
These Terms are a legally binding agreement made by and between Luxe and you, as the individual who uses our Services (hereinafter, “you”). If you use our Services on behalf of anyone else, you are representing to us that you are a legally authorized representative of that third-party and that your use of our Services constitutes that third-party’s acceptance of these Terms.
To use our Services, you must be at least 18 years old or have reached the age of majority in the jurisdiction in which you reside and have the legal capacity to agree to and become legally bound to these Terms.
We reserve the right to modify these Terms at any time and from time to time, for any reason, including if necessary or required by applicable law. If you object to the changes, you may not use our Services. Your continued use of our Services after we provide notice of any changes constitutes your acceptance of such updated terms as of the effective date.
By using our Services, you agree to be bound by the terms and conditions of the End-User License Agreement contained in this section 3 (this “EULA”).
Subject to these Terms, Luxe grants to you a limited, non-exclusive, non-sublicensable, non-transferable, temporary, revocable, and confidential right and license to use our Services for the ordinary purposes of such Services. We reserve all rights not expressly granted to you in this EULA.
In your use of our Services, you shall not, and shall not enable or authorize any third-party to, directly or indirectly: (a) copy, modify, or create derivative works of our Services, in whole or in part; (b) rent, repackage, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make our Services available to any third-party; (c) reverse engineer, disassemble, decompile, decode, adapt, or translate (including into any human or computer language), or otherwise attempt to derive or gain access to any source code, object code, or underlying structure, ideas, or algorithms of our Services, in whole or in part; (d) systematically download or store any of our Services through use of any robot, spider, script, site, search/retrieval application, machine learning, AI or other manual or automatic means to retrieve, index, “scrape,” “data mine,” or otherwise gather any information or data or reproduce or circumvent the navigational structure or presentation of our Services; (e) remove, hide, or obscure any proprietary notices or labels from our Services, including any brand names copyright symbols, trademarks, or patent notices; (f) use or access our Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of our or of any third-party, or that violates any applicable laws; (g) monitor the availability, performance, or functionality of our Services or perform any vulnerability, penetration, benchmarking, or similar testing of our Services; (h) interfere with, damage, or disable any features, functionality, or security controls of our Services, including, without limitation, through use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic email address information, or similar methods or technology, or otherwise circumvent any protection mechanisms for our Services; (i) create any software or application that replicates or competes with our Services; (j) combine or integrate our Services with any third-party software, technology, services, or materials not authorized hereunder; (k) design or permit any program to disable, override, or otherwise interfere with any aspects of our Services; (l) use, or allow third-parties to use, our Services (including any architectures, models, or weights (all of which are considered our Confidential Information), or any content, data, or output, or other information received or derived from our Services, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithm or artificial intelligence system; or (m) otherwise access or use our Services except as expressly authorized by these terms.
Luxe reserves the right to (but is not obligated to), from time to time, at any time, monitor any and all uses of our Services, including any information transmitted or received through our Services, to ensure proper operation, to verify the functioning of applicable security features, and to ensure your compliance with this EULA. Additionally, we may use an application to detect screenshots and video recording, which are in violation of this EULA. By using our Services, you expressly consent to such monitoring.
Notwithstanding anything to the contrary herein, Luxe reserves the right, without providing any notice to you, to temporarily suspend or permanently deny your access to any portion or all of our Services if we determine, in our sole discretion, that: (a) you are using or have used our Services (or you are or have enabled any third-party to) in any manner or for any purpose that violates this EULA or is otherwise in violation of any law; (b) your use our Services disrupts or poses a security risk to our Services; (c) there is a threat or attack on our Services; or (d) we are legally required to do so pursuant to a valid government notice or court order. Luxe shall have no liability for any damage, liabilities, losses (including any loss of data or costs of procuring alternative goods or services), or any other consequences that you or any third-party may incur as a result of a suspension or denial of services, and you shall not be entitled to any compensation for any data that was lost as a result thereof.
We reserve the right to make changes to our Services, at any time, and from time to time, in order to implement upgrades, updates, enhancements, new features, bug-fixes, additional security, and any other modifications to improve our Services.
Our Services are subject to applicable export laws and regulations, including, but not limited to, the U.S. Export Administration Regulations. The export or reexport of software in violation of the foregoing laws and regulations is strictly prohibited. By downloading, purchasing, accessing or using our Services, you acknowledge and agree that you have read and understood this notice and agree to comply with all applicable export law and regulations as further detailed in this EULA.
Any software downloaded via our Services is deemed to be commercial computer software as defined in Section 12.212 of the Federal Acquisition Regulation (“FAR”). Any use, modification, reproduction release, performance, display or disclosure of our Services by the Government (as that term is used in FAR) shall be solely in accordance with the terms of this EULA, and except as otherwise explicitly stated in these Terms, all provisions of this EULA shall apply to the Government.
“Intellectual Property Rights” means all: (a) patents, patent applications, patent disclosures, and inventions; (b) trademarks, service, marks, trade names, logos, brand names, corporate names, and registrations and applications for registration thereof together with all of the goodwill associated therewith; (c) copyrights (registered or unregistered) and copyrightable works and registrations and applications for registration thereof; (d) mask work rights, moral rights, rights of publicity, and registrations and applications for registration thereof; (e) computer software, data, databases, and documentation thereof; (f) any other intellectual property rights as may now exist or hereinafter come into existence; and (g) any copies and tangible embodiments thereof (in whatever form or medium).
“Trade Secrets” means, without limitation: ideas, formulas, compositions, inventions (whether patentable or unpatentable and whether or not reduced to practice), know-how, process, techniques, algorithm, large language models, artificial intelligence, research and development, drawings, specifications, designs, plans, proposals, technical data, specifications, financial and marketing plans, and customer lists, and any other information that derives commercial value from not being generally known to the public.
Luxe owns and shall retain all right, title and interest, including all Intellectual Property Rights, in and to: (a) our Services (including our Site); (b) our Trade Secrets; (c) all improvements, enhancements, modifications, or derivative works of subclauses (a) and (b); and (d) any additional software, applications, inventions, written reports, notes, requirements documents, specifications, materials, flow charts, outlines, or other data, information, or technology developed, conceived, or made by us in connection with the provision of our Services to you, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Except for the rights and licenses expressly granted to you in this EULA, nothing contained in these Terms shall grant to you or any third-party, by implication, waiver, estoppel, or otherwise, any Intellectual Property Rights or any other right, title, or interest in or to our Services.
If in your use of our Services, you provide or submit to us any ideas, suggestions, comments, or any other feedback regarding any part of our Services, including ideas for new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names (collectively “Feedback”), Luxe will own any and all such Feedback. To the extent that we do not own any such Feedback, you hereby grant to us an exclusive, perpetual, royalty-free license and right to use such Feedback for any business purposes.
Luxe takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any aspect of our Services violates your copyright, you may request removal of those materials (or access thereto) from our Services by submitting written notification to us at legal@luxepricing.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate the material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and email address); (e) a statement that you have good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. If you fail to comply with all of the foregoing requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
In your use of our Services, you may share personal information with us. We may process your personal information to conduct our business and to provide you with effective services and recommendations as described in our Privacy Policy.
Additionally, you acknowledge and agree that our Services, particularly our upgrade recommendation and pricing services, may contain complex algorithms and mathematical equations. We cannot and do not guarantee that any other information provided by us, will be accurate, up to date, error-free, or complete. And further we are not and will not be held liable for any errors or omissions in such information or for any damage that you may suffer as a result of your reliance on such information.
We provide our Services to you as optional upgrades to products and services you purchased from another commercial entity (whether a hotel, theater, museum, or other entertainment or services venue) (collectively referred to as “Third-Party Venues”). You acknowledge and agree that the Third-Party Venues are third-parties as between you and Luxe and that Luxe does not provide the services of those Third-Party Venues. You understand that Luxe cannot and does not endorse, supervise, direct, control, or monitor the Third-Party Venues. You further agree that Luxe is not responsible for and will not be held liable for the performance, actions or obligations of any of the Third-Party Venues.
These limitations of liability are part of the basis of the bargain between you and Luxe and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Luxe has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for fraud, gross negligence, or intentional misconduct.
You agree to defend, indemnify, and hold harmless Luxe and our members, managers, officers, employees, agents, and affiliates (collectively, the “Luxe Parties”) from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) that any of the Luxe Parties may incur arising out of or related to: (a) any breach by you of these Terms; or (b) any claims brought by any third-parties arising from or related to your use of the Services.
These Terms shall be construed in accordance with, and governed by, the laws of the State of Nevada as applied to contracts that are executed and performed entirely in Nevada and without regard to any conflict of terms provisions, regardless of the location where you use of Services.
All disputes arising out of or relating to these Terms will be exclusively resolved under confidential binding arbitration (“Mandatory Arbitration”) to be held virtually (via Zoom) before and in accordance with JAMS Streamlined Arbitration Rules and the JAMS Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (which will prevail over any inconsistent terms herein). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
You can choose to reject the mandatory arbitration provision in this section (the “Opt-Out”) by emailing us at the email address below (an “Opt-Out Notice”). Your Opt-Out Notice must be received no later than 30 days after the date on which you accept these Terms for the first time (which, for the avoidance of doubt, is the first time you access or use our Services).
To Opt-Out of the Mandatory Arbitration, your Opt-Out Notice must include your full legal name and email address associated with your use of our Services: legal@luxepricing.com. This information is necessary to ensure that we can accurately identify individuals who’ve properly exercised their right to Opt-Out of the Mandatory Arbitration. If you Opt-Out of the Mandatory Arbitration, all other terms and conditions contained in these Terms, including all other provisions of this Section 11, will remain valid and enforceable and continue to apply to your use of our Services. Your timely Opt-Out Notice of this Mandatory Arbitration has and will have no effect on any previous, other, or future arbitration agreements between you and Luxe.
Notwithstanding the foregoing, Luxe will have the right to bring a lawsuit solely to seek injunctive relief in a state or federal court located in Clark County, Nevada, without engaging in Mandatory Arbitration for any breach of these Terms that relate to its confidentiality or intellectual property rights or to prevent an infringement of a third-party’s rights. In the event that equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such courts.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connection with these Terms, such claim or cause of action must be filed within 12 months after that date on which the events giving rise to the claim or cause of action first occurred, or be forever barred.
You may not assign or transfer these Terms or any of your rights herein or delegate any duties herein to any third-party, representative, heir, or trustee without the prior written consent of Luxe. Any attempted assignment, transfer or delegation in contravention of this section is null and void. These Terms will be binding upon and inure to the benefit of any permitted successors and assigns.
These Terms constitute the entire agreement between us relating to the subject matter hereof, and there are no other representations, understandings or agreements between the parties relating to the subject matter hereof. We may use standard business forms or other communications, but use of such forms is for convenience only and does not alter the provisions of these Terms. No modifications or amendments to these Terms, and no waiver of any provisions hereof, will be valid unless in writing and signed by duly authorized representative of Luxe.
Any failure or delay by either party to exercise or partially exercise any right, power or privilege under these Terms will not be deemed a waiver of any such right, power or privilege. No waiver by either party of a breach of any term, provision, or condition of these Terms by the other party will constitute a waiver of any succeeding breach of the same or any other provision hereof. No waiver will be valid unless executed in writing by the party making the waiver.
Any notice, demand, or request required or permitted to be given under these Terms shall be in writing and shall be deemed sufficient: (a) when delivered personally; (b) within 24 hours’ of being sent by email; or (c) 72 hours after being deposited in the U.S. mail as certified or registered mail with postage prepaid. All such communications must be sent as follows: if to Luxe, to our address located in Section 13 below, or if to you, to the email address and/or address used with our Services (or as subsequently modified by written notice), or that may be confirmed by our carrier for services of process.
You consent to receiving electronic notices, agreements, disclosures, emails, or other communications from Luxe, including to the email address used in connection with our Services and that any such electronic communications will satisfy any legal requirements, including that those communications be in writing.
If any provision of these Terms is to any extent held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, you and Luxe agree that the arbitrator or court shall modify the term to make it enforceable while still achieving its original intent. If the foregoing is not possible, the arbitrator or court shall remove the unenforceable term from these Terms, and the remainder of the terms herein will not be affected thereby, and each term will be valid and enforceable to the fullest extent permitted by law.
The unavailability or delay in availability of our Services shall be excused to the extent that performance is rendered commercially impracticable by strike, fire, flood, terrorism, governmental acts or orders or restrictions, or any other reason where our ability to provide our Services is beyond our reasonable control and not caused by any wrongdoing on our part (any such event, a “Force Majeure Event”). In the event that the availability of our Services is directly impacted by a Force Majeure Event, we shall provide prompt notice to you, if we have your email address, and we we shall resume providing the Services as soon as commercially practicable.
You expressly agree that these Terms shall not be construed against Luxe merely because they were prepared by its counsel; rather, each provision herein shall be construed in a manner which is fair to both parties.
You may contact us using the following mailing or email address or phone number:
Luxe Pricing, LLC
2831 St. Rose Pkwy., Suite 200
Henderson, NV 89052, USA
Email: legal@luxepricing.com
Phone: +1 (888) 711-8148