Last revised on: October 6, 2022
The website located at https://luxurylink.com/ and its subdomains (“Luxury Link”) (“Site”) is copyrighted work belonging to Luxury Link, LLC (“Company”, “us”, and “we”). The Site provides travel related services (“Services”). These terms of use (“agreement”) set forth the legally binding terms for your use of the Site and its services (“Services”). By accessing or using the Site or Services, you are accepting this agreement and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may not access or use the Site or Services or accept the agreement if you are not at least 18 years old. If you do not agree with all the provisions of this agreement, do not access and/or use the Site or Services. Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this agreement. To the extent any of such terms conflict with the terms in this agreement, the later terms shall govern. These terms require the use of arbitration in section 14.3 on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. Accounts
1.1 Company Accounts. To use certain features of the Services, you may be asked to register for an account with the Company (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site or emailing us at gdprinquiry@luxurylink.com. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not have more than one Account.
2. Hotel Booking Service
2.1 Scope of Service. By making a reservation or booking through Luxury Link’s hotel booking service, you enter into a direct (legally binding) contractual relationship with the hotel with which you book. From the point at which you make your reservation, Luxury Link acts solely as an intermediary between you and the hotel, transmitting the details of your reservation to the relevant hotel and sending you a confirmation email for and on behalf of the hotel. All transactions are made by the hotel, per the terms of the booking. Luxury Link never charges or stores a credit card.
All hotel reservations that you make on the Site will be subject to each hotel’s applicable reservations policy. If you have any questions about the reservation policy, please contact the hotel directly.
We reserve the right, in our sole discretion, to refuse or cancel any reservation you place with us. Some instances that may result in your reservation being canceled include, but are not limited to, when the hotel is overbooked; when the hotel is permanently or temporarily closed; when there was an error in the reservation, such as incorrect hotel ID, room code, rate code, etc.; or when payment or billing information cannot be confirmed. In the event that we cancel a reservation, we will attempt to notify you by contacting the email and/or phone number provided at the time you placed the reservation.
We reserve the right to discontinue any product or service; impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; bar you from making or completing any or all transactions; or refuse to provide you with any product or service.
2.2 Accuracy of Information. The information disclosed on this Site regarding each hotel is based on the information provided to Luxury Link by third parties. While Luxury Link has exercised due care in attempting to check the information provided, Luxury Link cannot guarantee that all information is accurate, complete and correct, nor can Luxury Link or its affiliates be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Site or otherwise), inaccurate, incomplete, misleading or untrue information (including, but not limited to, inaccuracies relating to hotel photographs, hotel property descriptions, and lists of hotel property amenities) or non-delivery of information. Each hotel remains responsible at all times for the accuracy, completeness and correctness of the rates, availability and taxes displayed on our Site.
All descriptions, images, features, specifications, products, and prices of products or services are subject to change at any time without notice in our sole discretion. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. The ability to purchase products and services may vary based on your location, and such restrictions may change without notice.
2.3 Prices. Prior to booking your reservation, a total estimated price (including estimated taxes and fees) will be displayed. When you complete your booking, you authorize Luxury Link to book reservations on your behalf for the total estimated price. All charges are shown in United States dollars, unless otherwise stated. The room rate displayed on the Site is the average nightly rate before taxes and fees, including any “free” nights. An exact breakdown of each night’s rate, as well as taxes and fees, may be obtained by clicking the “Price breakdown” link on any rate. Prices, rates and inventory are subject to change based on availability from the hotel and may change at any time prior to receipt of your booking confirmation. The “taxes and fees” amount displayed includes an estimate of transaction taxes (e.g. sales and use, occupancy, excise and value added tax), government fees and other charges that the hotel must remit to the government for your hotel reservation. The type of tax charged by the hotel may change at any time and will vary by service and location. The hotel suppliers are solely responsible for remitting applicable taxes to the applicable taxing jurisdictions. The hotel reserves the right to charge you additional taxes, service fees, resort fees or hotel charges (including, but not limited to, resort fees, parking charges, minibar charges, room service charges, housekeeping fees, phone call charges, movie rentals, etc.). These charges, if applicable, will be payable by you to the hotel directly. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site and the booking of your hotel room. Please contact the hotel directly as to whether any additional taxes, service fees or charges apply. In the event a service is listed at an incorrect price or with incorrect information, Luxury Link and/or the hotel retain the right to refuse or cancel your reservation whether or not the reservation has been confirmed. If available, we will offer you the opportunity to keep your pending reservation at the correct price or will cancel your reservation without penalty. Luxury Link and/or the hotel are under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.
2.4 Signature Travel Network Amenities. Some hotels offer special benefits (“Signature Amenities” or “Perks”) with certain bookings based on rates and availability. These benefits are not available for all rates and bookings or other hotel deals displayed on the Site and therefore it is important that you read the booking details carefully so you understand what your booking entails and whether you are entitled to receive the Signature Amenities. Rates that include these benefits are clearly labeled, and the Signature rate must be booked in order to receive the Signature Amenities. If a Signature Amenity, or any portion thereof, cannot be provided by the hotel for any reason whatsoever, the hotel and/or Luxury Link reserve the right to substitute the perk with another perk or no perk at all if one is not available at the time of your stay. Signature Amenities are not guaranteed. Unless otherwise noted, all extras are per room, per stay and can only be used once at the time of your scheduled booking and can no longer be used after checkout. Signature Amenities have no cash value and cannot be redeemed for cash or a cash value. No refund or credit will be issued for any unused Amenity (or portion of an Amenity). Food and beverage amenities may be available only in select hotel restaurants and a hotel may decide that an amenity is not valid for in-room dining. Room upgrades and early check-in/late check-out are based on availability and cannot be guaranteed. Any recipient of a Signature Amenity that involves alcoholic beverages must be of the appropriate legal age in accordance with applicable law. Other restrictions may apply. Offer is subject to change or cancellation at any time without notice.
2.5 Deals and Promotions. All deals, promotions and special offers are provided by the hotels and are subject to terms and restrictions determined by the hotel. Deals can be discontinued or modified by the hotel at any time, without notice. Because Luxury Link advertises a deal does not guarantee that the hotel offers the deal as advertised, or at all. Rates that include a “free night” are clearly noted, and the “free night” is averaged into the nightly rate shown. Only rates that clearly display a free night in the Price Breakdown include a free night.
2.6 Credit Card. Hotels require credit card or debit card details in order to guarantee your reservation. As such, Luxury Link will send your credit or debit card information directly to the hotel at which your booking is made. Upon check-in, guests may be required by the hotel to present a valid ID and/or credit card or, in the hotel’s discretion, debit card, in their name that is consistent with the transactional details provided to Luxury Link. For certain rates or special offers, please note that your credit card may be pre-authorized or charged by the hotel (sometimes without any option for refund) upon reservation and confirmation of the booking. In such circumstances, you agree that your credit card or debit card may be charged for the total estimated reservation price. Please check the room details and the booking terms thoroughly for any such conditions prior to making your reservation.
2.7 Changes or Cancellations. By making a reservation with a hotel, you accept and agree to the relevant cancellation and no-show policy of that hotel, and to any additional (delivery) terms and conditions of the hotel that may apply to your reservation during your stay, including for services rendered and/or products offered by the hotel. The terms and conditions of a hotel can be obtained with the relevant hotel. The general cancellation policy of each hotel is made available on our Site during the reservation process and in the booking confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Hotel cancellation policies vary. If you fail to check in to your hotel on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be canceled, you may be subject to hotel-imposed penalties and you may not be entitled to a refund, depending on the terms and conditions of the applicable hotel. Please check room rate details and booking terms thoroughly for any such conditions prior to making your reservations. If you would like to review, change or cancel your reservation, please review the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the hotel’s cancellation and no-show policy.
2.8 Special Requests. Depending on the hotel and the reservation you book, you may or may not be able to select your room type and number and type of beds. Room assignments are based on hotel availability and are at the hotel’s sole discretion. Luxury Link cannot guarantee a non-smoking room. If you have special requests (including, for example, preferences for smoking or non-smoking rooms, a specific room, particular bedding, floor location, proximity to an elevator, connecting rooms, or pet accommodations), you must call the hotel and verify that special requests can be met after you have made your booking. Since Luxury Link has no control over which room a hotel will assign you, Luxury Link may not be able to accommodate special requests in advance of your booking and cannot guarantee that special requests will be met. In addition, frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to Luxury Link’s hotel Services.
2.9 Correspondence. By completing a booking, you agree to receive email communications which we may send you (or your guest) prior to your arrival date. We may also send you an email promptly after your stay inviting you to share feedback about your stay.
2.10 Hotel Ratings. Hotel ratings displayed on this Site are intended as only general guidelines, and Luxury Link and its affiliates do not guarantee the accuracy of the ratings or the consistency of the ratings across other online or offline platforms. Luxury Link reserves the right to change a hotel’s ratings at its sole discretion at any time with or without notice.
2.11 Third Parties. You represent and warrant that you will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act. If you use this Site for or on behalf of a third-party (“Third-party”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the name of the credit card holder. This should match what is on file with their financial institution. In addition, you must inform the Third-party of all terms and conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party (as defined below) harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party’s or the User’s failure to fulfill any of its obligations as described above. You are directly responsible for any bookings submitted including for total charges and performance obligations.
The Site includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither Luxury Link or Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations, gives travel advice, or advocates the purchase of any particular travel service. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information available on this Site in any manner without the express written consent of Luxury Link, nor to use the information available on this Site for any unlawful purpose. You agree to access the information available on this Site manually by request and not programmatically by macro or other automated means. Luxury Link may link or refer to other sites that may of be of interest to you but for which Luxury Link has no responsibility.
Links on the Site to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Site. Your dealings with third parties through links to such third-party websites or applications are solely between you and such third parties. You will use these links at your own risk.
3. Certain Important Disclaimers and Releases
3.1 Suppliers, and not the Company, provide the goods and services (“Hotel Stays”) available through the Site. We make no warranties regarding the Hotels or Suppliers. You should make whatever investigation you feel necessary or appropriate before booking any Hotel Stay. In no event, shall we (or our Suppliers) be liable to you or any third party for any losses or damages whatsoever arising from or relating to your Hotel Stay or your interaction with any Suppliers, including any bodily injury, death, or property damage or loss. Our sole role is to facilitate the availability of the Site and Services. Your interactions with Suppliers and the terms governing such interactions are solely between you and such Suppliers. If there is a dispute between you and any Supplier, we are under no obligation to become involved. The foregoing disclaimer shall not limit the more general disclaimers in sections 10 and 11.
3.2 You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions with, or act or omission of, the Suppliers or Hotel Stays you book using the Company’s Services.
3.3 If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
4. Acceptable Use Policy
The following sets forth the Company’s “Acceptable Use Policy”:
4.1 Other Restrictions. You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Site.
4.2 We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion (including terminating your Account and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
5. Site
5.1 License. Subject to the terms of this Agreement, Company grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal use.
5.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
5.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
5.4 Feedback. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
5.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
6. Indemnity
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your interaction with any other user, (iii) your violation of this Agreement or applicable laws, and (iv) your use of any Hotel Stays (including any personal injury, death, or property damage or loss). The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. Third Party Sites and Ads
The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”), including Hotel Booking Partners. Hotel Booking Partners are suppliers that you may access through links provided by the Company within the Site. Such Third Party Sites and Ads are not under the control of the Company, and the Company is not responsible for any Third Party Sites and Ads. The Company provides these Third Party Sites and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites and Ads. You use all Third Party Sites and Ads at your own risk. When you link to a Third Party Site and Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites and Ads.
8. Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. The Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3, 4, 5, 6, 7, 8, 10, 11, and 14.
9. Disclaimers
The Site and Services are provided “as-is” and “as available” and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site or Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
10. Limitation on Liability
These terms limit only our liabilities under applicable law. Nothing in these terms will limit our (or the Service Provider’s) liability for our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation, gross negligence, or willful misconduct. Company shall not be liable for any losses outside of the rights and responsibilities described in this section, unless said losses are caused by Company’s breach of these terms. As a non-limiting example, Company shall not be liable for any:
- indirect or consequential loss or damage
- loss of profits, use, data, revenues, business opportunities, or goodwill
- special, punitive, or exemplary damages
- inaccurate information about a Service Provider
- product, service, or action of a Service Provider or other business partner
- mistake in an email address, phone number, or credit card number
- force majeure or event beyond our control.
If you are in breach of these Terms and/or the Service Provider’s terms, to the extent permitted by law, we will not be liable for any costs you incur as a result, and you won’t be entitled to any refund.
Unless expressly stated herein, Company makes no representations, warranties, or commitments related to Service Providers’ products or services. We accept no liability for ensuring that said products or services are appropriate for the client’s objectives. You alone assume responsibility for this. To the fullest extent permitted by law, Company disclaims all representations and warranties, including, but not limited to, warranties of merchantability and fitness for a particular purpose. Company does not warrant or make any representations that its website will operate error-free or uninterruptedly, that defects will be corrected, or that the website and/or its servers will be free of viruses and/or other harmful components. Company does not warrant or make any representations regarding suitability, availability, accuracy, reliability, or timeliness of any material of any kind on the website for any purpose, including software, services, information, text, and related graphics content. You agree that you will make use of the Company Site and Services at your own risk. You understand and accept that Company is not responsible or liable for any misuse or unauthorized use of its Site or Services, or for any consequences arising out of such misuse or unauthorized use.
11. Copyright Policy
Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our Services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and email address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. The designated Copyright Agent for Company is:
Copyright Agent Luxury Link, LLC 2307 West Broward Blvd, Suite 400 Fort Lauderdale, FL 33312 Email: info@luxurylink.com
12. Rules For Sweepstakes, Contests, Raffles, Surveys, And Similar Promotions
Any sweepstakes, contests, raffles, surveys, games, or similar promotions made available through the Services may be governed by specific rules that are separate from and in addition to this Agreement. By participating in any such sweepstakes, contest, raffle, survey, game, or similar promotion, you will become subject to those rules, which may vary from this Agreement set forth herein, and which are incorporated into this Agreement. Luxury Link urges you to read the applicable rules, which may be linked from the particular activity, and to review our Privacy Policy, which in addition to this Agreement, governs any information you submit in connection with such activities.
13. Travel Destinations
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Luxury Link shall not be liable for damages or losses that may result from travel to such destinations. Luxury Link urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and the aviation administration prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING TRAVEL SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, LUXURY LINK DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
14. General
14.1 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
14.2 Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
14.3 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be settled through binding and confidential arbitration.
(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or the Judicial Arbitration and Mediation Services (“JAMS”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
(c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(d) You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
(e) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Broward County, Florida. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Broward County, Florida in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Broward County, Florida for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
(f) With the exception of subparts (1) and (2) in the paragraph 14.3(d) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the paragraph 14.3(d) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Broward County, Florida.
(g) Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.
(h) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at https://www.jamsadr.com.
(i) Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be governed by the internal laws of the State of Florida, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
14.4 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Company may freely assign this Agreement. The terms of this Agreement shall be binding upon assignees.
14.5 Copyright/Trademark Information. All contents of this Site are: © 2022, Luxury Link LLC All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
14.6 Electronic Communications. The communications between you and the Company use electronic means, whether you use the Service or send us emails, or whether the Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights
14.7 Contact Information:
Luxury Link, LLC
2307 West Broward Blvd,
Suite 400
Fort Lauderdale, FL 33312
info@luxurylink.com
State of Florida Seller of Travel Registration No: 2056321-40
