THE LUXURY INDEX TERMS OF USE FOR WEBSITE AND RELATED SERVICES
Welcome to Luxury Index. These Terms of Use apply to any display of, posting to, upload to, access of, or other use of, the Luxury Index website accessible at http://www.theluxuryindex.com or http://luxuryindex.com, and any other website (all of the foregoing, collectively, the "Luxury Index Website") operated or owned by The Luxury Index, LLC ("we" or "Luxury Index"), by any person (referred to as "you" below), unless contrary or additional terms and conditions are expressly stated to apply at such other websites or with respect to a given web page or feature. These Terms of Use also apply to any service or feature provided by Luxury Index whether or not reachable through the Luxury Index Website, except when expressly stated otherwise by Luxury Index.
You agree to these Terms of Use by displaying, using or accessing the Luxury Index Website or any service or feature provided by Luxury Index, by placing a listing or advertisement on the Luxury Index Website, by submitting any content or material to the Luxury Index Website, or by allowing or authorizing any person to do any of the same on your behalf or for your benefit. If you do not agree with these Terms of Use, please do not use, or authorize another on your behalf to use, the Luxury Index Website or any such services or features. Questions and concerns regarding these Terms of Use should be directed by e-mail to info@luxuryindex.com.
You confirm that you are at least 18 years of age, and are fully able and competent to enter into the obligations set forth in these Terms of Use. If you are not at least 18, please do not use this website.
1. Services Offered by Luxury Index
1.1 The Luxury Index Website is an online directory and community which facilitates the exchange of information between advertisers (listing owners) and their potential customers and provides related community activities. Presently the Luxury Index Website provides space for listings relating to offerings of real property, aquamarine, automotive, aviation and personal services, and we may remove or add categories or modify how they are used or displayed in our sole discretion.
1.2 Luxury Index may require that you become a member (or join) and register with Luxury Index to access certain advanced features and services available on the Luxury Index Website. You may be asked to provide a username and/or password on each visit so that Luxury Index can confirm your identity and previous entry into these Terms of Use. You are prohibited from sharing or transferring your account or your username and/or password with or to any other person. You may not, nor allow any other person to, timeshare, sublicense, or otherwise transfer all or any portion of your Luxury Index membership or your rights to access any Luxury Index Website or services to any other party, or make commercial use of your Luxury Index account without the express prior written consent of Luxury Index. You hereby indemnify Luxury Index and its officers, directors, employees, agents, affiliates, and sponsors from and against any claim, damage, or loss arising out of or related to any unauthorized sharing of your username and/or password or any attempted transfer of your membership. You may cancel your Luxury Index membership by e-mailing Luxury Index at cancellation@LuxuryIndex.com, which e-mail must originate from the e-mail account you specified at the time you created your username, must specify your Luxury Index username, and must specify that you wish your Luxury Index membership terminated.
1.3 Except when otherwise expressly stated by Luxury Index, you agree that Luxury Index has no responsibility for (a) the content or accuracy of a listing or the quality or availability of any product or service advertised within a listing, or (b) any user or member posted opinions, statements, or other content. Much of the content and information posted on the Luxury Index Website is provided by third parties and the opinions and statements appearing on the Luxury Index Website are not those of Luxury Index or its management, and Luxury Index bears no responsibility for the accuracy or content of any such material. You expressly release Luxury Index and its officers, directors, employees, and agents from any liability or obligation relating to such third party opinions, listings and other statements. The Luxury Index Website provides a public forum for the exchange of opinions regarding certain products and services, and you acknowledge that others' opinions may differ from your own and that the contents of any such opinions or assertions shall not give rise to any claim or right against Luxury Index, its sponsors, affiliates, officers, directors, employees, or agents, each of which you expressly hereby waive.
1.4 You agree that we may in our sole discretion, without notice of any sort, but have no obligation to: (a) modify from time to time the design and functionality of the Luxury Index Website and all services we offer; (b) reasonably edit listing copy or user submitted information or content, or alter the layout or images provided with a listing to create a more uniform and pleasing environment for Luxury Index Website users; (c) reasonably review, approve, edit and modify other data and content submitted by advertisers, listing owners, and users; (d) reformat or create details of (display of a partial version of) images and photographs submitted for use with a listing for the purpose of display on the Luxury Index Website, uniformity with other listings, or to create a pleasing environment for our users; and (e) modify any images or photographs for the purposes of image copyright protection (including without limitation encrypting or watermarking such images and photographs) and may also disable any image save or capture capabilities of your browsing device while the Luxury Index Website is being displayed.
1.5 You agree that we have no liability with respect to the placement or sorting of listings, any modifications made thereto, or for any loss or damage resulting from the design, sorting or positioning of any listing or its components.
1.6 Luxury Index reserves the right to commence charging users or advertisers at any time for any service or feature offered by Luxury Index or through Luxury Index Website. Accordingly, Luxury Index may modify these terms and conditions at any time to include payment and related collection terms in its sole discretion. You will not be charged without prior notice and your consent.
2. Terms Applying to Advertisers and Listing Owners
If you place or upload any listing or advertisement with us or on the Luxury Index Website, allow any other party to do the same on your behalf or for your benefit, or consent to the transfer of a listing or advertisement to the Luxury Index Website from an external source, the following terms apply to you:
2.1 Luxury Index may refuse or remove any listing or advertisement in its sole discretion for any reason or no reason. Each advertisement or listing may only promote one individual property, product, or service, unless pertaining to multiple rental units available in the same location or from the same service.
2.2 You may remove a listing prior to its expiration date (if any), provided that Luxury Index reserves the right to continue publishing the listing thereafter in its sole discretion until you provide us written notice that you are no longer offering the subject property, product, or service. All cancellation or deletion requests must be submitted to cancellation@LuxuryIndex.com at least ten business days prior to the requested deletion.
2.3 You hereby grant to Luxury Index a perpetual, worldwide, royalty-free (and fully paid-up), transferable, sublicenseable, non-exclusive, irrevocable and unlimited license to publish, use, reproduce, copy, display, distribute, transmit, edit or modify (to the extent otherwise permitted herein), synchronize, make derivative works of, compile, use and otherwise exploit, through any medium now known or hereafter developed, all of your listings or advertisements submitted to the Luxury Index Website or otherwise contained on the Luxury Index Website with your permission, including without limitation all content, copy, text, images or photographs, trademarks, service marks, likenesses, names and identities, and other content or proprietary rights comprising the same and other components thereof, including without limitation for the purpose of promoting Luxury Index and the Luxury Index Website. You hereby waive any applicable moral rights.
2.4 While we may, in our discretion, use commercially reasonable means to protect the content of a listing or advertisement, you agree that we have no liability or legal responsibility whatsoever for the acts of any third party who may, or may attempt to, copy any listing or component thereof or reuse the same elsewhere without our permission. However, if you note any such third party behavior, please submit a report to info@luxuryindex.com so that we may assess whether legal or other action is warranted.
2.5 You agree that Luxury Index has an independent right in its sole discretion, but no obligation, to enforce copyright and other proprietary rights or similar rights against any third party who copies a listing or advertisement or any component thereof in violation of these Terms of Use, and you agree to assist Luxury Index, at Luxury Index's cost and expense, and cooperate reasonably with Luxury Index, in any such enforcement action pertaining to your listings and advertisements.
2.6 You are solely responsible for keeping all listing and advertisement information, and all contact and other information provided to Luxury Index by you or on your behalf, accurate and up to date, and you hereby represent and warrant that such information is and shall be kept current and accurate. Additionally, you hereby accept legal responsibility for all representations made in your listings or advertisements, the amenities, location, and other attributes of any property, product or service you offer via the Luxury Index Website, and its or their availability for specific dates, times, prices, or other terms.
2.7 All tangible/physical (i.e. printed) images or photographs submitted to Luxury Index will be discarded after we have scanned them into our electronic database. Accordingly we advise you not to submit any originals or single copies unless you do not desire to receive them back. We apologize, but it is not practical for us to return them or keep them on file. We will use commercially reasonable efforts to reproduce faithfully any images or photographs displayed (subject to our rights to modify the same as otherwise provided herein), but you agree that we are not responsible for any losses or damages resulting from our display of images or photographs which you submit, regardless of their manner of display.
2.8 You covenant, represent and warrant that: (a) all of your listings and advertisements are true and accurate in all respects, you have all necessary rights to offer and promote the product, property, or service for sale or lease, as applicable, described in the listing, the listing or advertisement complies with all applicable laws and regulations pertaining to advertising, promotional materials, and any other matter contained therein, and your offer of said product, property, or service is legal and the same may be sold or provided legally; (b) you own, or otherwise have the complete right and authority to (x) permit Luxury Index to publish, reproduce, copy, display, distribute, modify (to the extent otherwise permitted herein), and use, and (y) otherwise convey the rights granted Luxury Index herein to, your listings and advertisements, including without limitation all content, copy, text, images or photographs, trademarks, service marks, likenesses, names and identities, and other content or proprietary rights comprising the same and other components thereof, as provided herein or as may otherwise be consistent with the use and treatment of other listings and advertisements on the Luxury Index Website; (c) no such advertisement or listing, and no such component thereof, infringes or violates any trademark, copyright, patent, trade secret, publicity right, privacy right, attribution right, integrity right, personality right, or any other right of any sort of any other person; (d) with respect to each image or photograph submitted or used for your listings or advertisements, any likenesses or individual persons portrayed in such images or photographs have granted full permission for the same to be displayed as permitted herein or as is otherwise consistent with the usage and display of listings and advertisements on the Luxury Index Website; and (e) each image or photograph submitted for your listings and advertisements accurately and fairly represents the objects contained therein and has not been altered in any manner that would mislead a viewer of that photograph.
2.9 You hereby indemnify and hold harmless Luxury Index, its shareholders and owners, managers and directors, officers, employees, agents, affiliates, and sublicensees from and against any damages (including reasonable attorney's fees and expenses), claims, losses, or other liabilities arising out of or relating to (a) any breach by you or your agents or principals of the foregoing representations or warranties or any covenant applicable to you herein, or (b) any matter contained in your listings or advertisements or the placement thereof on the Luxury Index Website.
2.10 As part of Luxury Index's service, we will transmit e-mail notifications of inquiries (requests) generated by users via the Luxury Index Website to advertisers or listing owners' registered e-mail addresses. However, Luxury Index cannot, and has no responsibility to, assure any such e-mails are received by advertisers or listing owners. It is your responsibility to be sure your e-mail systems are capable of receipt of such notifications.
2.11 If we receive any complaints pertaining to the properties, products or services you advertise in your listings, such as that you partake in unfair business practices, double-book your rentals, breach your obligations to customers, or partake in any other unprofessional or unfair activity, and we determine such complaints to be justified, in our sole discretion, we may, but shall not have the obligation to, remove or delete your listings without notice or place warnings on or near your listings, notwithstanding any paid service which you may have purchased.
3. Paid Services and Payment Terms
In addition to any other terms applicable to you in these Terms of Use, if you purchase or agree to pay for any paid service from Luxury Index or provided on the Luxury Index Website, the following terms apply to you:
3.1 Luxury Index presently allows advertisers to bid for top placement of advertisements and listings. All bids are irrevocable and non-refundable. You agree to pay Luxury Index the amount of your bid should Luxury Index accept your offer. Subject to any terms or conditions set forth on the pages describing any such advertisement or listing placement service, and subject further to any written agreement with Luxury Index pertaining to such service, you agree to pay for said service for the applicable time period for which you have submitted your bid. Listings or advertisements removed at the advertiser's request prior to the completion of such period are not subject to a refund. Certain placement services, by their terms, automatically renew for succeeding periods unless you provide notice of cancellation. If you choose to cancel a renewable listing placement order prior to any renewal date, to ensure you are not billed for the next billing cycle, submit your cancellation request by email to cancellation@LuxuryIndex.com [link this] at least five business days prior to the expiration/renewal date, and include your account number, user name and password. Timely cancellation requests will result in the cessation of the placement service at the end of the current billing cycle. Luxury Index may in its discretion, but is not required to, continue to feature or prominently place your listing or advertisement after you have effectively cancelled your paid placement order or it has expired, provided that after such cancellation or expiration date, Luxury Index may withhold from you the contact information of a viewer who has inquired as to your ad or listing until you renew your placement order(s).
3.2 With respect to all other paid services or features on the Luxury Index Website, you agree to pay all fees, usage charges, and other charges applicable according to the web page or specified pricing and other terms and conditions, and to comply with applicable billing terms (prepaid or post-paid) in effect at the time the fee or charge becomes payable (including without limitation, as applicable, that payments will be charged to your payment card). The terms of said services may or may not provide, in Luxury Index's discretion, that they may be cancelled prior to the end of the stated term for which you have purchased such service. Unless otherwise expressly provided in another agreement with Luxury Index, any notice of cancellation, if applicable, must be submitted at least 5 business days' prior to the end of the billing cycle (typically, a calendar month), or the cancellation will take affect at the end of the following billing cycle.
3.3 With respect to all paid services that require monthly (or other periodic) payment card billing, you authorize regular monthly (or such other periodic) billing, including charges to be applied to your payment card, according to the terms for such service until cancelled as provided below. With respect to all paid services, you are also responsible to pay (1) unless they are stated as included in the applicable charges, any applicable taxes, surcharges, and other governmentally imposed amounts on the applicable service (state charges typically include most normally anticipated taxes and surcharges; further information available upon request), (2) any penalties, administrative fees, or other amounts arising out of unauthorized payment card usage, charge-backs, bounced checks, and the like, and (3) account reactivation fees imposed by Luxury Index after termination or suspension of a service. Billing disputes must be submitted within 30 days of the applicable billing date or are deemed waived. Payments to Luxury Index are non-refundable.
3.4 All payments must be in United States dollars. Time is of the essence for payments hereunder, and any past due amounts shall bear interest at the lower of 15% per annum or the highest rate allowed by applicable law. You are responsible for any costs or expenses (including legal or collection agent fees and expenses) of collecting any past due amounts from you or on your account. Unpaid bills may be sent to third party collections. Your payment obligations are not contingent upon collection of any amounts from any third parties.
4. Terms Applying to Members, Users, and Community Participants
If you post or upload any opinion, content, or other matter on the Luxury Index Website, participate in any community forum or feature on the Luxury Index Website, or allow any other party to do the same on your behalf or for your benefit, the following terms apply to you:
4.1 You agree that Luxury Index shall have the right, but not the obligation, to choose the contents displayed on the Luxury Index Website and that it shall have no obligation to use or display any content or submission from you. You also agree that Luxury Index shall have the right, but not the obligation, to edit, redact, or remove any content or submission from you or any other person.
4.2 You understand that by participating in any community, communications, or opinion feature or service of the Luxury Index Website that the contents of your submissions and communications may be published and become public information, not subject to any obligations or rights of privacy. If you include any contact or other information in your posting, that will also be publicly available. You shall be solely responsible for your own submissions and communications and the consequences of posting or publishing them. You retain all of your ownership rights in your submissions and communications, provided that you hereby grant to Luxury Index a perpetual, worldwide, royalty-free (and fully paid-up), transferable, sublicenseable, non-exclusive, irrevocable and unlimited license to digitize, publish, use, reproduce, copy, display, distribute, transmit, edit or modify (to the extent otherwise permitted herein), synchronize, make derivative works of, compile, use and otherwise exploit, through any medium now known or hereafter developed, all of your opinions, content, or other matter submitted to Luxury Index, including without limitation all proprietary rights comprising the same and other components thereof. You hereby waive any applicable moral rights.
4.3 You agree that Luxury Index has an independent right in its sole discretion, but no obligation, to enforce copyright and other proprietary rights or similar rights against any third party who copies postings or any component thereof in violation of these Terms of Use, and you agree to assist Luxury Index, at Luxury Index's cost and expense, and cooperate reasonably with Luxury Index, in any such enforcement action pertaining to your postings or other matter.
4.4 You covenant, represent and warrant that: (a) all of your postings and other submitted content are either clear expressions of opinion or are true and accurate in all respects; (b) you own, or otherwise have the complete right and authority to (x) permit Luxury Index to publish, reproduce, copy, display, distribute, modify (to the extent otherwise permitted herein), and use, and (y) otherwise convey the rights granted Luxury Index herein to, your postings and other submitted content, including without limitation all content, copy, text, images or photographs, trademarks, service marks, likenesses, names and identities, and other content or proprietary rights comprising the same and other components thereof, as provided herein or as may otherwise be consistent with the use and treatment of other postings and similar matter on the Luxury Index Website; and (c) no such posting or matter, and no such component thereof, infringes or violates any trademark, copyright, patent, trade secret, publicity right, privacy right, attribution right, integrity right, personality right, or any other right of any sort of any other person.
4.5 You agree to abide by all of Luxury Index's use policies in effect from time to time, including any Acceptable Use Policy published at the Luxury Index Website, any policies distributed by email, or any amendments thereto, which policies include, without limitation, the following: you (a) shall (i) abide by all applicable laws, rules, and regulations relating to the use, posting or transmission of content, software or other matter; and (b) shall not (nor allow any person to) use the Luxury Index Website in any manner which is illegal, fraudulent or deceptive (including without limitation any practices likely to deceive any other party contacted through the Luxury Index Website), harassing, threatening, harmful, libelous, defamatory, abusive, slanderous, hateful, sexually, racially or ethnically objectionable, vulgar, pornographic, obscene, or otherwise objectionable or unlawful.
4.6 You hereby indemnify and hold harmless Luxury Index, its shareholders and owners, managers and directors, officers, employees, agents, affiliates, and sublicensees from and against any damages (including reasonable attorney's fees and expenses), claims, losses, or other liabilities arising out of or relating to (a) any breach by you or your agents or principals of the foregoing representations or warranties or any covenant applicable to you herein, or (b) any matter contained in your postings, opinions, or other matter, or the placement thereof on the Luxury Index Website.
4.7 Additional legal terms and policies may apply to specific community features and promotions offered by Luxury Index or available on the Luxury Index Website. Please check for those specific terms on the web pages where such features or promotions are offered. Any such terms and conditions are in addition to, and not in replacement of, these Terms of Use, except when such other terms expressly state that they superseded or replace these Terms of Use. To the extent of any direct conflict of terms between the two, such other terms shall govern in respect of the feature or promotion to which they pertain, and these Terms of Use shall govern all remaining aspects of use of the Luxury Index Website.
5. Permitted Uses and Related Terms
5.1 You may not use the Luxury Index Website for any purpose other than to (x) post legitimate advertisements allowed hereunder, or (y) view listings and make legitimate inquiries to advertisers and listing owners regarding your genuine interest in a particular property, product, or service. Advertisers and listing owners may not be solicited for other purposes (for example and without limitation, solicitation of advertisers and listing owners for your services is strictly prohibited). Any other use is strictly prohibited. You may not use the Luxury Index Website in any manner to deceive, harass, or injure any other person or to violate any applicable law, rule, or regulation. You may not use or access the Luxury Index Website in any manner that, in our reasonable judgment, adversely affects the performance or function of the Website or any other computer systems used by Luxury Index. You shall not (a) attempt to gain unauthorized access to any account, the Luxury Index network, or any related components; (b) use or access the Luxury Index Website by mobile browsing device while operating a motor vehicle to the extent prohibited by any competent jurisdiction; or (c) interfere with another's use and enjoyment of the Luxury Index Website or any Luxury Index services.
5.2 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Luxury Index Website in a manner that sends more request messages to the Luxury Index Website servers in a given period of time than a human would produce in the same period by using a conventional web browser. Luxury Indexallows the operators of bona fide public search engines to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Luxury Index source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. Luxury Index reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use. You agree not to collect or harvest any personally identifiable information from the Luxury Index Website, nor to use the communication systems provided by the Luxury Index Website for any commercial solicitation purposes.
5.3 Luxury Index encourages all listing viewers and those who inquire into specific listings to perform their own independent investigation and evaluation of offered properties, products, or services. You assume responsibility for your use of any information available on the Luxury Index Website.
5.4 The Luxury Index Website is intended for entertainment purposes only, and your use of the Luxury Index Website is limited to internal, personal, and non-commercial purposes except for the strict purpose of posting advertisements for the categories we feature. You may not circumvent, disable or otherwise interfere with security related features of the Luxury Index Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Luxury Index Website or the content therein. You may not upload or transmit, or use, any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere, or intercept the normal operation of the Luxury Index Website or any user equipment. Luxury Index reserves the right to refuse hypertext links to other websites or advertiser's pages, and to remove links or web addresses without notice at our sole discretion. In addition, we may institute a policy of charging for links to outside sources upon notice.
5.5 You may use and print a single copy of the textual matter and all non-trademarked graphical matter for personal, non-commercial purposes solely as necessary to utilize the Luxury Index services as consistent with their stated purpose provided that (1) the applicable copyright and trademark notice appears in all copies, (2) such materials will not be copied or posted on any network or computer or broadcast or published in any media, and (3) no modifications of any materials are made. Except as provided herein, no other materials or content available on the Luxury Index Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Materials which you are permitted to use as described above do not include the design or layout of the Luxury Index Website or any proprietary materials of any third party, including the trademarks of any sponsors.
5.6 Although comments and questions about the Luxury Index Website are welcome, Luxury Index does not accept unsolicited submissions or creative ideas except where expressly provided. Any suggestions, ideas, or concepts that are submitted shall become, and remain, the property of Luxury Index. Luxury Index is not responsible for the confidentiality of any information communicated to Luxury Index (except as provided in the Privacy Policy [link this]), and by communicating any such suggestions, ideas, or concepts, you agree that Luxury Index may utilize or publish any of the same in its discretion and without obligation.
5.7 Any violation of the letter or spirit of these Terms of Use, or any other rule, policy, restriction or limitation set forth on the Luxury Index Website, is grounds for immediate termination of access, posting, or use privileges in Luxury Index's sole discretion. Luxury Index shall have no liability whatsoever arising out of termination of your access, posting, or other use privileges. Without limitation to any other reason for which Luxury Index may terminate your membership or rights to access or use the Luxury Index Website, Luxury Index may terminate the same if Luxury Index suspects fraudulent use of your Luxury Index membership account. Fraudulent use of an account may include but is not limited to: (a) permitting access to your Luxury Index username and password to third parties; (b) use of your Luxury Index account for any purpose other than private, non-commercial entertainment purposes or valid advertising purposes if you are a listing owner; (c) entering invalid or apparently invalid user information (such as anonymous "Hotmail" e-mail accounts); (d) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-user limitation; or (e) posting or submitting any opinion, communication, or other content that may indicate that you are affiliated with or related to any advertiser, sponsor, listing owner, or person the subject of any such opinion or content, or a competitor thereof, or are otherwise making non-commercial use of the privileges afforded Luxury Index members.
6. Limits of Liability
6.1 You agree that Luxury Index has no legal liability or responsibility whatsoever for or arising out of any inaccuracy or illegality in any listings or other information made available on or through the Luxury Index Website, or any breach of contract or violation of law by any advertiser, listing owner, service provider, supplier, or other third party. While Luxury Index makes reasonable efforts to assure that listings are up to date and that your search or filtering of listings provides relevant search results, you agree that Luxury Index has no legal liability whatsoever pertaining to the search results made available to you or the accuracy of any special offers, date ranges of availability, pricing, or other information provided in a listing or in your search results. You further agree that Luxury Index is not responsible for any error, omission, or inaccuracy in any image or photographs provided with a listing.
6.2 You agree that Luxury Index has no liability whatsoever pertaining to any transaction between a user, member, or other respondent to a listing or advertisement and any listing owner or advertiser, or other service provider or supplier. You agree that Luxury Index is not involved in any such transaction in any way and each of the advertiser, listing owner or supplier and the user or other respondent accept full responsibility as participants to such transaction to the full exclusion of Luxury Index. You hereby indemnify and hold harmless Luxury Index, its shareholders and owners, managers and directors, officers, employees, agents, affiliates, and sublicensees from and against any damages (including reasonable attorney's fees and expenses), claims, losses, or other liabilities arising out of or relating to any such transaction or any dispute arising therefrom or related thereto.
6.3 Luxury Index does not warrant that the Luxury Index Website or any service or feature thereof will be secure, timely, uninterrupted or error free or that any data, content, information, software or other material accessible on or through the Luxury Index Website are true, accurate, or are free of viruses or other harmful components. All use of the Luxury Index Website and any features or services thereof are at your own risk and you are solely responsible for all damages resulting therefrom. Luxury Index reserves the right, in its discretion, to limit or terminate your ability to access Luxury Index services from certain regions, countries, or IP address ranges, or through certain devices, operating systems, or software. Luxury Index reserves the right to refuse access or service to any person in its discretion.
6.4 THE LUXURY INDEX WEBSITE AND ANY SERVICES OR FEATURES AVAILABLE (A) ARE NOT INTENDED FOR "MISSION CRITICAL" APPLICATIONS OR FOR USE ON "MISSION CRITICAL" EQUIPMENT, (B) ARE PROVIDED ON AN "AS IS," WHERE IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, QUIET ENJOYMENT, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EACH OF WHICH ARE DISCLAIMED).
6.5 YOU HEREBY WAIVE ALL RIGHTS TO DAMAGES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE LUXURY INDEX WEBSITE OR ANY SERVICES OR FEATURES AVAILABLE, REGARDLESS OF THE FORM OF CLAIM OR THEORY OF RECOVERY AND REGARDLESS IF SUCH DAMAGES ARE FORESEEABLE. Without limiting the foregoing, in no event shall Luxury Index, nor any officer, director, employee, sponsor or agent thereof be liable for (a) any damages (i) arising in connection with the fraudulent, unlawful, or tortious acts of any third party, (ii) that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operations or transmissions, (iii) that result from yours or any other user's use of or inability to access your Luxury Index account or other information or data, (iv) that result from unauthorized access to or alteration of your submissions, transmissions, or data, or (v) that result from your reliance upon any opinion, assertion, or other matter displayed on the Luxury Index Website; (b) business interruption, (c) loss of profits or savings, (d) loss of data, or (e) the cost of procurement of substitute goods and services.
6.6 YOU UNDERSTAND THAT LUXURY INDEX WILL TAKE REASONABLE MEASURES TO MAINTAIN THE PRIVACY AND SECURITY OF ALL PRIVATE INFORMATION PROVIDED BY YOU TO THE LUXURY INDEX WEBSITE (SUBJECT TO OUR PRIVACY POLICY), BUT THAT THIRD PARTIES (SUCH AS HACKERS) MAY BREACH OR ATTEMPT TO BREACH LUXURY INDEX'S SECURITY MEASURES OR MAY GAIN UNAUTHORIZED ACCESS TO THE LUXURY INDEX DATABASE OR OTHER EQUIPMENT CONTAINING YOUR INFORMATION. YOU HEREBY SPECIFICALLY AGREE, AS PARTIAL CONSIDERATION FOR THE LUXURY INDEX SERVICES, THAT LUXURY INDEX SHALL NOT BE LIABLE FOR DAMAGES OF ANY SORT, WHETHER ARISING UNDER CONTRACT, TORT, OR OTHERWISE, WITH RESPECT TO ANY BREACH OF SECURITY OF THE LUXURY INDEX WEBSITE OR ANY OTHER EQUIPMENT OR USER INFORMATION.
6.7 Luxury Index shall not be deemed in breach of these Terms of Use, nor for any breach of any implied warranty or other obligation, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or other acts of God.
6.8 If you are dissatisfied with the Luxury Index Website, you do not agree with any part of these Terms of Use, or have any other dispute or claim with or against Luxury Index with respect these Terms of Use or the Luxury Index Website, your sole and exclusive remedy is to discontinue using the Luxury Index Website.
7. Proprietary Rights
7.1 Luxury Index and its licensors hold and reserve all right, title and interest (including patent, trademark, and copyright) to all content available on the Luxury Index Website (subject to the terms hereof). Elements of the Luxury Index Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, video or image from the Luxury Index Website may be copied or retransmitted unless expressly permitted by Luxury Index.
7.2 Unless otherwise expressly provided herein or on the Luxury Index Website, you may not, without the prior written consent of Luxury Index: (a) copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Luxury Index Website in any form whatsoever; (b) reproduce Luxury Index Website content on any other website (whether framed, mirrored or otherwise and whether or not Luxury Index is attributed as the owner); (c) modify, translate into any language or computer language, or create derivative works from, any content or any part of the Luxury Index Website; (d) reverse engineer any part of the Luxury Index Website or any software made available by Luxury Index; or (e) disguise the origin of the information available on or through the Luxury Index Website.
7.3 Luxury Index owns the copyright to the digital reproduction, reformatting, and other digital manipulation of the images and photographic material made available at the Luxury Index Website performed by it, for it, or at its expense, and such images may not be reused for any purpose or in any manner without Luxury Index's express prior written consent.
7.4 "Luxury Index" together with any other services or products referenced on the Luxury Index Website, together with all associated graphics, logos, and slogans, are either trademarks or registered trademarks of Luxury Index or its licensors, and may not be used or reproduced without Luxury Index's or its licensors express prior written permission. Other product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved to Luxury Index.
7.5 Except as expressly provided otherwise in these Terms of Use or on the Luxury Index Website (such as, for example, with respect to the content of posted user opinions, listings, and advertisements), or as may otherwise be provided in a written agreement executed by an authorized representative of Luxury Index, Luxury Index owns all right, title, and interest to the contents of its databases and all user and other data collected by or through the Luxury Index Website or any module, add-on, or other technology which interfaces with the Luxury Index Website.
8. Miscellaneous
8.1 Each advertiser or listing owner, and each user who posts comments or opinions or otherwise submits content to Luxury Index agrees that Luxury Index may host the Luxury Index Website or retain a copy of the data comprising such materials outside of the United States.
8.2 Any disputes concerning the Luxury Index Website, any content thereon, any feature or service available through the Luxury Index Website, the Privacy Policy [link this], or these Terms of Use requiring judicial resolution shall be determined exclusively in the Courts of the State of Florida, in the County of Miami-Dade, under the laws of the State of Florida, provided that Luxury Index may seek injunctive relief and similar remedies in any court of competent jurisdiction.
8.3 You may not assert against Luxury Index any claim in connection with the Luxury Index Website or any Luxury Index feature or service unless you have given Luxury Index written notice of the claim within 30 days after you knew or should have known of the facts giving rise to such claim.
8.4 These Terms of Use: (a) shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees; (b) together with the Privacy Policy [link this] (which also applies to and binds you, and is incorporated herein by reference) and such other legal terms as are expressly provided on the Luxury Index Website, contains the entire understanding between the parties hereto with respect to the Luxury Index Website and the subject matter hereof, and supersedes all previous oral or written agreements or understandings between the parties with respect thereto, and no advice or information, whether oral or written, obtained by you from Luxury Index or the Luxury Index Website (whether before or after the date you accept these Terms of Use) shall create any obligation or warranty of Luxury Index not expressly stated herein or therein; and (c) shall not be modified, except by an express modification by Luxury Index as described herein. There are no third party beneficiaries hereof. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. If any provision(s) of the Terms of Use is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
8.5 You agree that Luxury Index may, in its sole discretion, from time to time add to, delete from, or modify these Terms of Use in any reasonable manner by publishing such modifications on the Luxury Index website. Please check back often if you are concerned about any such modifications.
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