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Terms of Service

Last Updated: June 15, 2025

THANK YOU FOR YOUR INTEREST IN OUR ONLINE SELF-BOOKING PLATFORM, EXCLUSIVE TO YOUR MEMBERSHIP WITH US (“PLATFORM”). THESE TERMS OF SERVICE ARE ENTERED INTO BY AND BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY (“YOU”), AND LUXE RECESS, LLC (“LR LLC”, “WE” “OUR” OR “US”).

THE FOLLOWING LEGALLY BINDING TERMS OF SERVICE, TOGETHER WITH ANY DOCUMENTS, AGREEMENTS OR POLICIES THEY EXPRESSLY INCORPORATE BY REFERENCE (COLLECTIVELY, “TERMS”), GOVERN YOUR ACCESS TO, AND USE OF, THE PLATFORM, ANY CHANGES TO THE PLATFORM WE IMPLEMENT, AND ALL OTHER TOOLS, DATABASES, APPLICATIONS, WEBSITES, TECHNOLOGY, FEATURES OR SERVICES MADE AVAILABLE BY US IN CONNECTION THEREWITH, SUCH AS SUPPORT PROVIDED BY LR LLC IN CONNECTION WITH THE FOREGOING  (COLLECTIVELY WITH THE PLATFORM, THE “SERVICE”).

THESE TERMS CONTAIN IMPORTANT WAIVERS OF LIABILITY, STATUTES OF LIMITATIONS, AND CHOICE OF LAW AND VENUE SELECTION CLAUSES. PLEASE READ THESE TERMS CAREFULLY BEFORE YOU REGISTER, SUBMIT ANY PAYMENT OR ACCESS ANY ASPECT OF OUR SERVICE. BY ACCESSING OR USING THE PLATFORM, OR OTHERWISE SUBMITTING OR EXCHANGING FUNDS AND/OR INFORMATION VIA ANY ASPECT OF OUR SERVICE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICE. THE RIGHTS AND LICENSES GRANTED TO YOU AND/OR YOUR ORGANIZATION UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON THE ACCEPTANCE OF ITS TERMS AND CONDITIONS BY YOU.

ALL TRAVEL PRODUCTS DISPLAYED THROUGH THE PLATFORM ARE ULTIMATELY PROVIDED BY INDEPENDENT, THIRD-PARTY SUPPLIERS AND THE PLATFORM SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY IN CONNECTION THEREWITH.

  1.  Platform Overview. The Platform enables you to, quickly and in real-time, to access and book exclusive Travel Products for your family or traveling party (collectively, “Travelers”, and all individuals that utilize an account on the Platform are collectively referred to as “Users”). Users understand and agree that all information, marketing, proposed itineraries, travel products and services showcased through our Service, including without limitation, properties, accommodations, venues, cruises, tours, excursions, activities, events, transportation, and all other travel products or services (“Travel Products”) are owned, controlled or otherwise made available, either directly or indirectly, by independent third parties, including, without limitation, hotels, property owners, tour operators, destination management companies, airlines, cruise lines, transportation companies and other owners, operators and providers of Travel Products (“Suppliers”). The Suppliers, and not LR LLC, own, operate and provide the Travel Products that appear on, or are used in connection with, the Service; your interaction with Suppliers is at your own risk, and LR LLC shall not have any liability, obligation or responsibility in connection with any Supplier. The Platform is designed to enable you to self-book exclusive Travel Products, and except for the Fees, LR LLC does not receive any Traveler-related payments from Users (and under no circumstances receives Traveler-related funds from Suppliers).LR LLC is not, and shall not be deemed, the merchant of record in connection with the purchase of Travel Products by Users or Travelers (regardless of whether our Service facilitates the same or not). The Platform may be accessed and used throughout the United States as well as internationally and may contain references to services not available in all states of the United States or in all countries. References to a particular feature, module or component of the Service does not imply that we intend to make such aspects of the Service available in such states or countries, and no warranty or representation is given that the Service (or any components or features thereof) will be available for all Users.

Without limitation to the foregoing or any other provision of these Terms, you understand and agree that: (i) except for our Fees, the Platform does not collect funds from any User or Supplier, and shall have no liability, obligation or responsibility in connection with any payment (e.g., chargeback, credit card surcharges) or other issues relating to your payments or payment method; (ii) the Platform is only responsible for the operation and maintenance of the Service and is not responsible for the offering, performance or procurement of travel agent services or any Travel Products (and thus assumes no liability for errors, omissions or discrepancies in any User Content or other information relating to Travel Products); (iii) you may only access the Platform through LR LLC’s website (https://luxerecess.com); and (iv) you use our Service at your own discretion and risk. Travelers may also access our Platform via a mobile app, available on both Android and Apple devices via their respective app stores. LR LLC does not warrant that descriptions and content relating to your Travel Products or business information is up-to-date, complete, error-free, or accurate; such content is provided through the Service AS-IS, subject to the disclaimers and limitations on liability more particularly described below.

  1.  Eligibility & Accounts.

 

  1. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service complies with applicable laws and regulations.

 

  1. LR LLC provides you with the ability to register for an account on the Service. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, agency information, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected]. We will not be liable for any losses caused by any unauthorized use of your account. Notwithstanding anything in these Terms to the contrary, you agree that we have the right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third-party hosting providers’) servers in connection with our provision of the Services.

 

  1. You may never use another User’s account or share your account with another natural person, and sharing account seats (to circumvent the permitted number of natural persons authorized by LR LLC to use your account, which is one (1)) is strictly prohibited without obtaining LR LLC’s express prior written authorization.

 

  1. Access to the Services is limited to the scope set forth in any document, webpage or invoice shared with you by LR LLC describing the Services being purchased, which depends upon your applicable purchased subscription tier (“Tier”).

 

  1.  Membership Term; Payment of Fees; Cancellation of Membership.

 

  1. The license to access and use our Services is provided on a subscription membership basis and is conditioned upon your payment of a subscription fee (“Subscription Fee”) depending on your selected membership Tier, and potentially other fees and charges (collectively, “Fees”). At the end of the applicable period for which a subscription has been purchased (the “Subscription Membership Period”), your subscription membership shall automatically renew (and your payment method automatically charged) for another Subscription Membership Period and shall continue to do so until terminated in accordance with the provisions of these Terms. The amount of each Subscription Fee renewal will be billed to the credit card or other payment method you authorize for the initial, one (1) year subscription membership purchase, and your card will be billed on the day your annual subscription membership renews. LR LLC provides invoices and receipts for such periodic payments, and you can access and download your invoices and receipts directly from your account settings. The Subscription Fee for a chosen membership Tier is disclosed at the time you register an account for the Platform, and once received by LR LLC, all Subscription fees are NON-REFUNDABLE.

 

  1. To prevent the automatic billing of the Subscription Fee, you must cancel your subscription membership before the next Subscription Fee is charged. You may only cancel your subscription membership via your account’s settings in the Platform. If you cancel your subscription membership, it will not be automatically renewed and will instead expire at the end of the Subscription Membership Period, and you will no longer have access to the Platform (including our self-booking tools or exclusive Travel Products). If we are unable to process payment for a subscription membership renewal, then your subscription membership will not be renewed, will automatically terminate, and you (and all Users) will be locked out of your account and unable to access the Service until we receive your payment in full. Upon termination of your membership (a) all licenses granted to you under these Terms will terminate and you shall no longer have access to the Service; (b) all payment obligations accrued prior to termination will survive; and (c) your User Content, account information, files and other data associated with your account may be deleted. In LR LLC’s sole discretion, you may be prohibited from future use of all or part of the Services.

 

  1. The amount or rate of our Fees can be viewed during the registration process, or otherwise through your account settings on the Platform or, where applicable, the quotation or other written document agreed between you and LR LLC. You may have the ability to opt-into certain optional modules or features made available by LR LLC through the Platform from time to time. Your use of the same is subject to the terms hereof and of any disclaimers displayed to you during the opt-in process. You shall be charged additional fees in connection with your use of said modules and/or features, if and as applicable.

 

  1. If you wish to purchase (e.g., book or reserve) any Travel Products made available through the Platform (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. The submission of such information to us is further confirmation of your agreement to these Terms, as well as our Privacy Policy (incorporated herein by reference), and you hereby grant to LR LLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information and identity may be required prior to the acknowledgment or completion of any Transaction.

 

  1. Your agreement to these Terms constitutes your authorization for (and you represent and warrant that you have the ability to authorize) LR LLC and its Suppliers to charge your credit card or other payment method for all Fees, and in connection with any Transaction. If there are changes to the Subscription Fees or any issues with payment methods that cannot be resolved, we will inform you via the email linked to your account, and you will not be charged until the issue is resolved (which, in addition to extra charges, could lead to your subscription membership being cancelled or deemed expired. You agree that we may charge your credit card or other payment method prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

 

  1. LR LLC or our agents may communicate with you via phone, email, text, zoom, or other electronic means, regarding your account or your Transactions. You agree that (i) we may place such calls or texts using an automatic dialing/announcing device; (ii) we may make such calls or texts to a mobile telephone or other similar device; and (iii) we may, for training purposes or to evaluate the quality of our Service, listen to and record phone conversations you have with us.

 

  1.  Provision of License.

 

  1. Subject to your complete and ongoing compliance with these Terms (including without limitation timely payment of all Fees) and the scope of Service purchased pursuant to your subscription membership Tier, LR LLC grants you, solely for the purposes herein described, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and the Service.

 

  1. You shall not: (a) reproduce, distribute, or publicly display the Service; (b) make modifications to the Service; (c) engage in any Prohibited Activities, or interfere with or circumvent any feature of the Service; or (d) use the Service for any purposes not expressly permitted hereunder. If you are prohibited under applicable law from using the Service or any Travel Product, you may not use the Service or that Travel Product.

 

  1. We do not warrant the accuracy, completeness, or usefulness of the information posted on or through the Service. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other User of the Service or by anyone who may be informed of any of its contents. The Service includes content created and uploaded by third parties, and by LR LLC on behalf of third parties, including materials provided by other Users and third-party licensors. It is the responsibility of the actual Supplier providing the Travel Products to ensure the accuracy and completeness of any information published through the Service. LR LLC is not responsible or liable to you, or any third party, for the content or accuracy of any information, data or materials posted on or through the Service.

 

  1. We may, in our sole discretion, suspend or terminate your access to the Service (and cancel your membership subscription), at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue any part of the Service at any time (e.g., by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We have no liability for any change to the Service or any suspension or termination of your access to, or use of, the Service.

 

  1.  Responsibility for Financial Transactions. Certain aspects of the Service may facilitate financial payments to Suppliers and other financial transactions. You are solely responsible for all financial transactions, including without limitation client payments, supplier payments, credit card surcharges and expense management conducted through the Services. Payments are processed through integrated third-party payment providers (using Third-Party Products). You are solely responsible for managing and timely executing all Supplier payments through the applicable integrated third-party payment systems. We have no liability or obligations in connection with these transactions. You are responsible for complying with applicable law and ensuring the accuracy of all financial data entered. You acknowledge that certain modules may integrate with Third-Party Products and agree to comply with their respective terms of service. We are not responsible for the performance, availability, or security of these Third-Party Products. You are responsible for maintaining the security of your account credentials and for any activities that occur under your account. We reserve the right to terminate or suspend your access to any features or modules at any time, for any reason, without notice, including without limitation for updates, maintenance, or cancellation of certain features, modules or tools in connection with the Service.

 

  1.  Ownership; Intellectual Property Rights. The Service is provided under license and is not sold to you. You do not acquire any ownership interest or Intellectual Property Right in the Service or any rights other than to use the Service in accordance with the license granted under these Terms. All right, title and interest, including without limitation, patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), visual interfaces, graphics, logos, design, compilation, information, data, computer code (including source code or object code) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world, in and to the Services (collectively, “Intellectual Property Rights”), are owned by LR LLC or its licensors. Nothing in these Terms shall purport to effectuate a transfer of any Intellectual Property Rights without our prior written consent.

 

  1.  Feedback & Comments. Certain features of the Service permit you and other Users to upload and publish Feedback, questions and comments relating to Travel Products and other content (“User Content”). We disclaim any and all liability or obligation in connection with User Content. You are solely responsible for your User Content and the consequences of submitting, posting, publishing, or sharing User Content. By submitting, posting, publishing, or sharing User Content, you affirm, represent, and warrant that:

 

  1. You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and Users of the Platform to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by us, other Users, and these Terms. You may choose to provide input and suggestions regarding the Service, including problems with or proposed modifications or improvements to the Service (“Feedback”). You hereby grant LR LLC an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right and license to use and implement the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

 

  1. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law or regulation;

 

  1. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, discriminatory or otherwise inappropriate; and

 

  1. your User Content is not likely to deceive or promote any illegal activity, or advocate, promote, or assist any unlawful act.

We are under no obligation to edit, monitor or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. You waive and hold harmless LR LLC and the Indemnified Entities from and against any claims or damages in connection with User Content, or from any claims resulting from any action taken by any of the foregoing parties during, or as a consequence of, investigations by law enforcement authorities. However, you understand that when using our Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. We cannot ensure prompt removal of such material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Content, or any other communications, transmissions, information, materials or content provided by Users or other third parties. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content.

  1.  Prohibited Activities. You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

 

  1. In any way that violates any applicable federal, state, local, or international law or regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our operational providers, our Suppliers, or other Users.

 

  1. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

 

  1. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

 

  1. To impersonate or attempt to impersonate the Platform, any employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

 

  1. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Service or Users of the Service, or expose them to liability.

Additionally, you agree not to:

  1. Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.

 

  1. Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

 

  1. Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

 

  1. Use any device, software, or routine that interferes with the proper working of the Service.

 

  1. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

 

  1. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

 

  1. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

 

  1. Disassemble, reverse engineer, decode or decompile any part of our Service.

 

  1. Copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Service or any of our Intellectual Property Rights.

 

  1. Remove any copyright notices or proprietary legends from our Service.

 

  1. Use our Service in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage.

 

  1. Use our Service for benchmarking or competitive analysis of our Service.

 

  1. Share passwords or authentication credentials for our Service.

 

  1. Bypass the measures we may use to prevent or restrict access to our Service or enforce limitations on use of our Service or the content therein, including without limitation features that prevent or restrict use or copying of any content.

 

  1. Identify us or display any portion of our Service on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights.

 

  1. Identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Service under these Terms, without our express written consent.

 

  1. Otherwise attempt to interfere with the proper working of the Service.

 

  1.  Third-Party Products and Integrations. These Terms apply only to our Services, and not to the websites, platforms, offerings, content, applications (e.g., artificial intelligence) or resources of any other person or entity that may be linked to, or interoperate with, our Service (“Third-Party Products”). We may also provide links to other websites, platforms or resources (such as, but not limited to, TravelWits, Kajabi, Facebook, Twitter, Instagram, Venmo, YouTube, and LinkedIn). You acknowledge and agree that we are not responsible for the availability of such Third-Party Products, and do not endorse (and are not responsible or liable for) any advertising or content on or available from such other Third-Party Products. You further acknowledge and agree that, under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage caused or suffered by you in connection with your use of, or reliance on, any content, advertisements, or other Third-Party Products available from any other platform (regardless of whether we directly or indirectly link to such Third-Party Product). You must direct any concerns, issues or complaints with respect to any other websites, platforms, or resources to the applicable entity that owns, operates or provides that Third-Party Product.

Third-Party Products may be subject to an independent agreement with the third-party provider, and the Platform’s application programming interface (API) may provide integrations that facilitate the use of, or access to, Third-Party Products (“Connectors”). Unless otherwise agreed in writing by LR LLC, LR LLC may discontinue the availability of any Connectors to the Service (or a User’s account) if: (a) LR LLC receives credible notification from the Third-Party Product provider that they no longer maintain or is authorized to use the underlying Third-Party Product with which the Connector integrates, (b) the Third-Party Product provider ceases making the Third-Party Product available in the normal course, (c) LR LLC’s Connector development or similar agreement with the Third-Party Product provider ends, is suspended, or is terminated for any reason, or (d) pursuant to LR LLC’s standard end-of-life policies and procedures, including, but not limited to, where LR LLC generally discontinues commercial availability of such Connector. LR LLC will provide Users as soon as practicable regarding a Connector discontinuation. Notification may be provided via email or notices through a User’s account. LR LLC does not currently maintain or guarantee that it will maintain direct agreements or relationships with all Third-Party Product providers for which LR LLC develops a Connector, and therefore, while LR LLC agrees to use reasonable and diligent efforts to update supported Connectors promptly in response to known changes to the Third-Party Product or the API on which the Connector relies, LR LLC does not guarantee or promise that all Connectors will be updated, or that all updates will be released within specified periods. Users agree to use reasonable efforts to inform LR LLC if they are notified or become aware of a current or planned change in the Third-Party Product API that may affect a Connector in use by the Service. Any Connector release periods announced by LR LLC are target periods only and are subject to change.

LR LLC is not the developer or provider of Third-Party Products and does not assume any obligation to provide or deliver the Third-Party Products, even when integrated with the Platform or other aspects of the Service. LR LLC will have no liability, responsibility or obligation in connection with such Third-Party Products. LR LLC does not guarantee the continued availability of any Third-Party Products, whether resold by LR LLC or enabled through the Service. LR LLC reserves the right to replace or substitute or discontinue Third-Party Products resold by LR LLC or integrated with the Service as necessary to meet or improve technical, security, privacy, quality, financial, or other industry or market requirements. LR LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with a User’s enablement, access, or use of any such Third-Party Products, or a User’s reliance on the privacy practices, data security processes, or other policies of the providers or suppliers of such Third-Party Products.

  1.  Service Data; Privacy Policy. Please read our privacy policy, available on our website and incorporated herein by reference (collectively, “Privacy Policy”) carefully for information relating to our collection, use, storage, disclosure of your personal information. As part of your use and interaction with the Service, we will collect data, metadata, and information about individuals, including personal information, that you provide to us or that is collected by us or via the Service, including without limitation as described in our Privacy Policy (“User Data”). For clarity, however, User Data does not include your User Content described above. You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right and license to collect, use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and to modify and make derivative works of any and all User Data, in order to provide and maintain the Service and for such uses as described in our Privacy Policy, and, to improve our products and websites and for our other business purposes. We take no responsibility and assume no liability for any of your User Data. You shall be solely responsible for, and your indemnification hereunder shall cover, any liability in connection with User Data submitted by you to our Service, as well as your compliance with applicable data protection laws.

Notwithstanding anything to the contrary in this Agreement, LR LLC may collect and use Service Data to develop, improve, support, market, and operate its products and services. “Service Data” refers to usage and operations data in connection with Users’ use of our Service, including without limitation information regarding the performance, usability, and health of the Service, query logs and metadata (e.g., object definitions and properties). As between LR LLC and you, LR LLC owns and shall be the ‘controller’ of the Service Data and Aggregate Data (defined below), excluding however any Service Data that constitutes User Data or personal information.  LR LLC may combine this Service Data with other data (including anonymized elements of personal information of Users and Travelers), and use such combined data, or a subset thereof, in an aggregate and anonymous manner (the “Aggregate Data”).  You hereby agree that LR LLC may, both during the term of your subscription membership and perpetually after you cease use of the Service, use, reproduce, publish, make available, and vend such Aggregate Data; provided, however, that such usage shall not personally identify a User or any Travelers.

  1.  Digital Millenium Copyright Act. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address: PO Box 320444, Boston MA 02132 Please note that this procedure is exclusively for notifying us that your copyrighted material may have been infringed. All intellectual property infringement claims shall be made under penalty of perjury. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. LR LLC will promptly terminate the ability of users that are determined by LR LLC to be repeat infringers from supplying content to the Service.

 

  1.  Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. If we make a change to these Terms, we may notify you by sending you an email to the last email address you provided to us (if any) or by posting notice of the changes to your account. Your continued use of the Service after our notification of such changes constitutes your consent to said changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

 

  1.  Indemnity. Your use of the Service is at your sole risk, and to the fullest extent permitted by law, you agree to indemnify, defend, release and hold harmless LR LLC and each of their respective officers, directors, employees, affiliates, subsidiaries and agents (together, the “Indemnified Entities”) from and against any claim, demand, complaint, litigation or arbitration (including those brought by a third party), and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, in connection with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, including any representation, warranty, or other agreement referenced in these Terms (including, without limitation, a Supplier’s terms and conditions), or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party, including an Supplier; or (e) any unauthorized person or entity’s access and use of the Service with your unique username, password or other appropriate security code. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. You will not settle any claim without the prior written consent of LR LLC.

 

  1.  No Warranties; Disclaimers. To the maximum extent permitted by law:

 

  1. THE SERVICE AND ALL INFORMATION, MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, USER CONTENT AND THIRD-PARTY PRODUCTS) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. LR LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL INFORMATION, MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LR LLC DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY INFORMATION, MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND LR LLC DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. LR LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE SERVICE, OR YOUR UPLOADING OR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY PRODUCT LINKED TO IT.

 

  1. LR LLC IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE MATERIALS DISPLAYED ON, OR INTEGRATED IN CONNECTION WITH, THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, REGARDLESS OF IF CREATED OR UPLOADED BY LR LLC, OR ANY THIRD-PARTY PRODUCTS). LR LLC DOES NOT PROVIDE, OWN, CONTROL OR ENDORSE ANY TRAVEL PRODUCTS. IT IS THE SOLE RESPONSIBILITY OF THE SUPPLIER OR ITS PARTNERS, AFFILIATES, OR AGENTS TO PROVIDE THE TRAVEL PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR LR LLC, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WILL CREATE ANY WARRANTY REGARDING LR LLC OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. LR LLC IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALINGS WITH ANY SUPPLIER.

 

  1. CERTAIN PORTIONS OF THE SERVICE MAY INCORPORATE ARTIFICIAL INTELLIGENCE (E.G., GENERATIVE AI) AND ARE PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. YOU UNDERSTAND THAT THE ENTIRE RISK ASSOCIATED WITH THE USE OF OUR SERVICE, AND ANY COMPONENTS RELATING TO THIRD-PARTY PRODUCTS OR ARTIFICIAL INTELLIGENCE, RESIDES SOLELY WITH YOU.

 

  1. NOTWITHSTANDING THE FOREGOING, LR LLC DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT, THE DISCLAIMER OF WHICH IS PROHIBITED FROM APPLICABLE LAW.

 

  1.  Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LR LLC OR THE INDEMNIFIED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THE TRAVEL PRODUCTS, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY USER CONTENT, MATERIALS OR INFORMATION ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LR LLC OR ANY INDEMNIFIED ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF LR LLC AND THE INDEMNIFIED ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO LR LLC UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

ANY DISPUTE YOU WITH ANOTHER USER OR SUPPLIER IS DIRECTLY BETWEEN YOU AND SUCH USER OR SUPPLIER, AND YOU IRREVOCABLY RELEASE LR LLC AND THE INDEMNIFIED ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1.  Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

 

  1.  Force  LR LLC cannot accept liability, and Travelers shall be entitled to a refund or a credit from you or the applicable Supplier, where the performance or prompt performance of either parties’ contractual obligations is prevented or affected or an Experience is cancelled as a result of circumstances amounting to Force Majeure. “Force Majeure” means any event or circumstances which either party could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire, earthquake, volcanic eruption, and all similar events outside our control. In the case of Force Majeure, you shall work with the applicable Suppliers to promptly refund all money to Travelers, or provide a credit or voucher for the Travel Products affected by Force Majeure. LR LLC shall have no obligation, responsibility, duty or liability, financial or otherwise, in connection with Force Majeure events.
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  1. Governing Law; Venue. These Terms, and any and all claims, complaints, or disputes, whether arising in contract, tort or otherwise, directly or indirectly arising out of or relating to these Terms or our Services (collectively, “Disputes”), shall be governed by and construed in accordance with the laws of the State of Massachusetts, without reference to the choice of law rules thereof. Any Disputes shall be brought in a court of competent jurisdiction located in Massachusetts. You agree that you will only bring legal claims against LR LLC in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. LR LLC shall not in any case be liable except as expressly described hereunder. Notwithstanding the forgoing, for any equitable or injunctive relief sought by LR LLC under this Agreement, or in connection with any intellectual property claims, LR LLC may elect to seek such relief in any federal or state court located in the United States, and all Users hereby consent to the exclusive jurisdiction and venue of such courts in connection with any such actions.

 

  1. Entire Agreement; Non-Assignability and Binding Effect. These Terms, together with any additional policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service, as well as documents or agreements expressly incorporated herein by reference (such as our the Privacy Policy and the applicable terms and conditions of Suppliers), are the entire and exclusive understanding and agreement between you and LR LLC regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign our rights under these Terms at any time without notice or consent. Any attempt by you to transfer or assign these Terms except as expressly authorized under this section will be null and void. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their successors and assigns.

 

  1. No Waiver; Severability. Either party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable the remaining provisions of this Agreement shall not be affected by such determination and shall be binding upon the parties and shall be enforceable as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement, and the provision so held to be invalid, unenforceable or otherwise illegal will be reformed or stricken to the extent (and only to the extent) necessary to make it enforceable, valid or legal.

 

  1. Independent Contractors; Third-Party Beneficiaries. The parties to these Terms are independent contractors. There is no relationship of partnership, joint venture, employment, franchise, or agency created hereby between the parties. No party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent, and neither party’s employees, staff, customers, or Travelers are eligible for any form or type of insurance or benefits, including health, life or disability insurance, offered by the other party. LR LLC may use subcontractors as part of providing the Services and fulfilling its obligations under these Terms, and you hereby consent to the use thereof. There are no third-party beneficiaries under this Agreement.

 

  1.   Any notice or communication required or permitted under these Terms shall be given in writing by either party to the other in accordance with this section and will be deemed to have been received by the recipient: (a) if given by hand, immediately upon receipt; (b) if given by overnight courier service, the first business day following dispatch; (c) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail; or (d) if given by email, immediately upon receipt. Email notifications to LR LLC must be sent to [email protected]. Notwithstanding the foregoing, except for notices pertaining to non-payment, notices related to termination of this Agreement or any claims (including without limitation breach, warranty or indemnity) may not be given via email (all terminations of your membership subscription must be made through your account settings).

 

  1. Consent to Electronic Communications; Electronic Execution and Counterparts. LR LLC or our representatives may message you through your account, or send an email to the email address tied to your account, or contact you via other means (text, call, zoom, etc.) regarding your account or your Transactions. You consent to receiving certain electronic communications from us as further described in our Privacy Policy, and you agree that we may place such calls or texts to your mobile phone or similar device using an automatic dialing/announcing device. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. You further agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us. You may execute these Terms and any other documents or agreements with LR LLC electronically (including by means of a checkbox or clickwrap, or DocuSign software, etc.) in counterparts, each of which will be deemed an original, and all of which together will be considered one and the same, single agreement between the parties.

 

  1.   The Service may display your initials in connection with identifying you as a User of the Platform.

 

  1.   The terms and conditions of this Agreement which by their nature extend beyond termination or expiration of this Agreement shall survive the termination or expiration of this Agreement to the full extent necessary for their enforcement and for the protection of the party in whose favor they operate.

 

  1. Contact Us. The Platform is owned and operated by LR LLC. All notices of copyright infringement claims should be sent to the copyright agent in the manner and by the means set out above. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [email protected].