Terms and Conditions

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”) and Lux Rental Connections (the “Company“), concerning your access to and use of the Company’s website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

1. GENERAL TERMS

1.1. You agree that by accessing the Site, it is understood that you have read and agreed to be bound by the Terms of Use set forth herein. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1.2. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference, including without limitation, the Privacy Notice (jointly the “Agreements”). We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use and the Privacy Notice, from time to time, and it is your responsibility to check whether such documents have been updated. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and the Privacy Notice, and you waive any right to receive specific notice of such changes and/or amendments.

Please ensure that you check the applicable Agreements every time you use the Company’s Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreements by the mere use of continued use of the Site after the date such revised Agreements are posted.

1.3. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

1.4. Third Party Sites and Linked Materials. The services may include links to third party websites (“Third Party Sites”). You should review any applicable terms or Privacy Notice of a Third Party Site before using it or sharing any information with it, because you may give the third party permission to use your information in ways we would not. The Company is not responsible for and do not endorse any features, content, advertising, products or other materials on or available through Third Party Sites, even if originally accessed via a link on the Sites.

1.5. Definitions.

1.5.1.Agreement” means, collectively and as applicable to you, these Terms, and all other applicable terms, conditions, and policies, including Privacy Notice, that we make available to you in connection with your use of the Services.

1.5.2.Claim” means any dispute, controversy or claim arising between you and the Company.

1.5.3.Feedback” means feedback, comments, and suggestions for improvements in connection with the Sites and Services.

1.5.4.Lux Rental Connections” or “Company” or “our” or “we” means, collectively or as applicable to you, the specific entity, and/or the affiliates of such entity, providing the Services.

1.5.5.Services” means, collectively or as applicable to you, the Sites and services provided by the Company pursuant to this Agreement.

1.5.6.Site” means the website and mobile application maintained by or on behalf of the Company through which the Companies affiliates may offer services.

1.5.7.Terms” means these Terms of Use.

1.5.8.Third Party Content” means Your Content and any data, content, information, or other materials provided by a third party, including, without limitation (i) such content and information other users of the Services provide to us or any third party affiliate or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the Company Privacy Notice; and (ii) content and information posted or provided by our service providers, or any third party multiple listing service, broker, or agent.

1.5.9.Third Party Sites” means third party websites.

1.5.10.Your Content” means your Feedback and any data, content, information, ideas, comments, property information, listing information, photos, or other materials that you provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the Privacy Notice.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. Unless otherwise indicated, the Companies owns all rights, title and interest in and to the Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”), and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Mexico, international copyright laws, and international conventions.

2.2. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

2.3. The Company, grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Site and Services so long as your use complies with this Agreement and any other applicable policies. Unless you are otherwise explicitly granted permission, this Agreement does not grant you any right or license with respect to any trademarks, service marks, graphics, or logos.

2.4. No Right to Reproduce. These Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on Third Party Sites or otherwise.

3. YOUR CONTENT

3.1. You grant the Company a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and perform and display publicly Your Content (excluding Feedback) in connection with provision of the Services to you or otherwise in connection with your permitted use of the Services.

3.2. In addition to any of Your Content that is made available through the Services, we may share Your Content with our affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Services.

3.3. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to Your Content. Notwithstanding anything in the Agreement to the contrary, the Company has any obligation to store or display Your Content.

3.4. The Company may, but are not obligated to, monitor, modify, or remove Your Content at any time in their sole discretion. You agree that the Company may promote and market Your Content in connection with the Services.

4. PROVISION OF SERVICES AND COMMUNICATIONS WITH YOU.

4.1. To access or use certain Services or features of the Services, you may need to register and create an account with any Company’s affiliate.

4.2. For purposes of responding to you and providing you with information and notices about your account or the Services, you agree that we may communicate with you through the contact information associated with your account.

4.3. We have no liability arising from your failure to maintain accurate contact information, including, without limitation, your failure to receive critical information about the Services. When you request information from us, you are extending an express invitation for us to contact you.

5. USER REPRESENTATIONS

5.1. By using the Site, you represent and warrant that:

5.1.1. you have the legal capacity and you agree to comply with the Terms of Use and the Agreements;
5.1.2. you are not a minor in the jurisdiction in which you reside;
5.1.3. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
5.1.4. you will not use the Site for any illegal or unauthorized purpose; and
5.1.5. your use of the Site will not violate any applicable law or regulation in Mexico or any other jurisdiction.
5.1.6. you acknowledge that the Services offered through the Site are actually provided by, or through, a third party or Third Party Sites, other than the Company.

5.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

5.3. You agree to defend, indemnify, and hold the Company and each Company’s affiliates, and its respective agents, employees, directors, officers and representatives harmless from and against all claims and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (a) your failure to comply with applicable laws, regulations, this Agreement, any Company’s policies, and third party policies, if and as applicable to you; (b) Your Content and Feedback; (c) the Companies’ use of Your Content and Feedback as contemplated or permitted under this Agreement; or (d) any activity in which you engage on or in the Services.

6. PROHIBITED ACTIVITIES

6.1. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

6.2. As a user of the Site, you agree not to:

6.2.1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
6.2.2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
6.2.3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6.2.4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
6.2.5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
6.2.6. Make improper use of our support services or submit false reports of abuse or misconduct.
6.2.7. Use the Site in a manner inconsistent with any applicable laws or regulations.
6.2.8. Engage in unauthorized framing of or linking to the Site.
6.2.9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
6.2.10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
6.2.11. Delete the copyright or other proprietary rights notice from any Content.
6.2.12. Attempt to impersonate another user or person or use the username of another user.
6.2.13. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
6.2.14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
6.2.15. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
6.2.16. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
6.2.17. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
6.2.18. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
6.2.19. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
6.2.20. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
6.2.21. Use the Site to advertise or offer to sell goods and services.
6.2.22. Sell or otherwise transfer your profile.

7. SUBMISSIONS

7.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Third Party Sites provided by you to us are non-confidential and shall become our sole property.

7.2. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

8. PRIVACY POLICY

8.1. We care about data privacy and security. By using the Site or Third Party Sites through which the timeshare intervals or the properties are being offered, you agree to be bound by our Privacy Policy posted on the Site and any Company’s affiliate privacy policy, which are available at the Site.

8.2. Please be advised the Site is hosted in Mexico.

8.3. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Mexico, then through your continued use of the Site, you are transferring your data to Mexico, and you expressly consent to have your data transferred to and processed in Mexico by the Company or any third party related to us.

9. TERM AND TERMINATION

9.1. These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

9.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. MODIFICATIONS AND INTERRUPTIONS

10.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Content published in Third Party Sites related to properties or timeshare intervals, without notice at any time.

10.2. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Content in Third Party Sites related to properties or timeshare intervals.

10.3. We cannot guarantee the Site and the Content in Third Party Sites related to properties or timeshare intervals will be available at all times.

10.4. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Third Party Sites at any time or for any reason without notice to you.

10.5. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Third Party Sites during any downtime or discontinuance of the Site or Third Party Sites.

10.6. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or Third Party Sites or to supply any corrections, updates, or releases in connection therewith.

11. GOVERNING LAW; JURISDICTION; AND CLASS ACTION WAIVER

11.1. THESE TERMS SHALL BE GOVERNED BY THE LAWS OF MEXICO.

11.2. THE COMPANY AND YOU IRREVOCABLY CONSENT THAT ANY DISPUTE OR CONTROVERSE ARISING FROM OR IN CONNECTION WITH THESE TERMS OF USE OR THE AGREEMENT, SHOULD BE RESOLVED BHY THE COURTS OF MEXICO; AND SUCH WILL HAVE EXCLUSIVE JURISDICTION TO RESOLVE ANY DISPUTE WHICH MAY ARISE IN CONNECTION WITH THESE TERMS; THEREFORE, BY ACCEPTING THE AGREEMENTS, YOU EXPRESSLY AND IRREVOCABLY WAIVE ANY OTHER JURISDICTION THAT MAY BE APPLICABLE DUE TO YOUR PRESENT OR FUTURE DOMICILE.

11.3. YOU AND THE COMPANY AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR US ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

11.4. IF THE CLASS ACTION WAIVER HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW.

12. CORRECTIONS

12.1. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to your timeshare interval or property, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

13. DISCLAIMER

13.1. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.

13.2. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK.

13.3. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13.4. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

13.5. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. LIMITATIONS OF LIABILITY

14.1. THE COMPANY SHALL NOT BE LIABLE FOR AND DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURT TO INDIVIDUALS OR PROPERTIES ARISING FROM OR AS A RESULT OF THE ACT OR OMISSIONS, RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY RENTAL OFFERING OR BOOKING AND TRAVEL RESERVATIONS.

14.2. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID.

15. INDEMNIFICATION

15.1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES AND THIRD-PARTY PROVIDERS AND THEIR CORRESPONDING EMPLOYEES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, INCLUDING BUT NOT LIMITED TO, THIRD PARTY CLAIMS, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEY’S FEES ARISING OUT OF OR IN CONNECTION WITH, YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY OF THE PROVISIONS SET FORTH IN THE AGREEMENTS.

16. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

16.1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

16.2. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

17. COMPLAINTS

17.1. If any complaint with us is not satisfactorily resolved, you can contact the Mexico’s Federal Consumer Protection Agency (Procuraduria Federal del Consumidor) in writing.

18. MISCELLANEOUS

18.1. These Terms of Use, the Agreements and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Agreements shall not operate as a waiver of such right or provision.

18.2. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

19. CONTACT US

19.1. In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: vacation@luxrentalco.com