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All information, content, services and software displayed on, transmitted through, or used in connection with Lux Exposé , including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by Lux Exposé , and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content.
If you operate a Web site and wish to link to Lux Exposé , you may do so provided you agree to cease such link upon request from Lux Exposé . No other use is permitted without prior written permission of Lux Exposé . The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.
You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Lux Exposé , not to insert any code or product or manipulate the content of Lux Exposé in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
Lux Exposé respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on Lux Exposé , please contact us at the address listed below under the heading “Contact Us.”
User-Provided Information and Content By providing information to, communicating with, and/or placing material on, Lux Exposé , including for example communication during any registration, communication on any Lux Exposé bulletin board, message or chat area, posting any resume or other content, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of Lux Exposé that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).
For all such information and material, you grant us, our affiliates and related entities, including Lux Exposé and its affiliated newsletters, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all Lux Exposé affiliated Web sites, to include the information in a searchable format accessible by users of Lux Exposé and other affiliated Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note Lux Exposé does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Lux Exposé . Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Lux Exposé and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Transactions and e-commerce on our site
During your visit to our site you may elect to engage in a transaction involving the purchase of a product or subscription, a print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent/website/vendor, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. Lux Exposé cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree Lux Exposé is not responsible for such errors or discrepancies by us our third party vendors.
Communications with Third Parties Through Lux Exposé
Your dealings or communications through Lux Exposé with any party other than Lux Exposé are solely between you and that third party. For example, certain areas of Lux Exposé may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Lux Exposé be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
During your visit to Lux Exposé you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. Lux Exposé is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
General Disclaimer and Limitation of Liability
While Lux Exposé uses reasonable efforts to include accurate and up-to-date information; we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content.
Lux Exposé does not represent or warrant that use of any Content will not infringe rights of third parties. Lux Exposé has no responsibility for actions of third parties or for content provided or posted by others.
USE OF Lux Exposé IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER Lux Exposé , NOR ANY OF OUR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING Lux Exposé , THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH Lux Exposé , AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF Lux Exposé OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES Lux Exposé WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. Lux Exposé AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
Lux Exposé CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. Lux Exposé DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE Lux Exposé . ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL Lux Exposé OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Lux Exposé OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Lux Exposé AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF Lux Exposé ; (2) Lux Exposé ‘S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
Lux Exposé is controlled, operated and administered by Lux Exposé from its offices within the United States. Lux Exposé makes no representation that materials or Content available through Lux Exposé are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use Lux Exposé or export the Content in violation of U.S. export laws and regulations. If you access Lux Exposé from a location outside the United States, you are responsible for compliance with all applicable laws.
Lux Exposé reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of Lux Exposé after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
Lux Exposé may modify, suspend, discontinue or restrict the use of any portion of Lux Exposé , including the availability of any portion of the Content at any time, without notice or liability. Lux Exposé may deny access to any person or user at any time for any reason. In addition, Lux Exposé may at any time transfer rights and obligations under this Agreement to any Lux Exposé affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Lux Exposé or any of their assets.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Lux Exposé must be filed in a federal or state court located in Fort Lauderdale, Florida, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Lux Exposé to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Lux Exposé , and all other provisions for which survival is equitable or appropriate.
TERMS AND CONDITIONS FOR
THE LUX CARD AFFILIATE AND ADVERTISING AGREEMENT
1. Agreement.This Affiliate and Advertising Agreement (the “Agreement”), is between Lux Exposé , LLC which is the official company for (“THE LUX CARD”) and Affiliate as those terms are defined herein. This Agreement consists of the order page(s) (the “Order), any properly executed addendums and these Terms and Conditions, as modified from time to time by “L.É.” in the manner provided herein (the “Ts & Cs”).
(a) “Advertising”means, individually and collectively, items specified on the Order and for which a charge is assessed;
(b) “Artwork” means the Advertising, or any portion thereof, including but not limited to, text, graphics, illustrations, symbols, logos and photographs to be published, displayed, distributed or disseminated pursuant to this Agreement;
(c) “Cardholders” means persons or entities that have purchased the Lux Card on LuxExpose.com
(d) “Directory” means the local Affiliate directory and/or internet directory or directories specified on the Order,
(e) “Discount Program” means the discounts and benefits as itemized on Order that Affiliate shall extend to Cardholders upon presentation of a current and valid Lux Card;
(f) “Distribution Site” means each of “L.É.”‘s distribution or fulfillment vendors, each of their associated distribution networks and/or each Internet search engine on which “L.É.” places Advertising;
(g) “Final Date For Changes” is the date so specified on the Order, or if no such date appears or if the Agreement is signed by Affiliate after such date, then the third (3rd) day after execution;
(h) “Internet Advertising” means Advertising which appears on the internet (whether on “L.É.” luxexpose.com or otherwise) or is otherwise distributed via any electronic method of distribution;
(i) “Internet Directory” means any internet or electronic based directory type service upon which the Advertising will be placed pursuant to the Order, it being understood that “L.É.” generally tracks Internet Directories by geographical location in association with corresponding local Affiliate directories;
(j) “Issue” means any particular issue of the Directory in which the Advertising appears;
(k) “Issue Date” as to a Directory means the first day of the month/year identified on the cover of that Directory and, as to an Internet Advertising, means the first day upon which the Advertising is initially fulfilled for the Initial Term and the Issue Date of the associated Directory for any Renewal Term;
(l) “Issue Life” means the time between a Directory’s Issue Date and the Issue Date of the next succeeding issue of the Directory;
m) “Affiliate ” means the business, person or other legal entity shown as the Affiliate on the face of the Order, its owners and successors who participate in the “L.É.” Lux Card Program by providing benefits and discounts to the “L.É.” Lux Card Program Cardholders;
(n)”Preference” means any claim on the part of Affiliate to priority and/or preferential treatment with respect to any advertising product sold by “L.É.”, including without limitation, claims of “seniority” and/or LIA related renewal or contingency rights, whether written or otherwise;
(o) “Print Directory Advertising” means advertising that appears within a Directory;
(p) “Renew/Cancel Date” means the date by which “L.É.” must receive written notice of Affiliate ‘s decision to either renew or cancel.
(q) “Terms and Conditions” or “Ts&Cs” means the terms and conditions of this Agreement or as modified from time to time by “L.É.”.
(r) ““L.É.”” means Lux Exposé , LLC.
s) “The Lux Card is the official membership card purchased by Cardholders on WWW.LUXEXPOSE.COM with the right to use at the business establishments of the Affiliate s to obtain discounts or benefits itemized in the Discount Program;
(t) “The Lux Card Program means the program in which “L.É.” sells membership cards to persons or entities to obtain the benefits and discounts provided by participating Affiliate s.
(u) “LuxExpose.com is “L.É.”s official website where the Lux Cards can be purchased by Cardholders.
(a) Initial Term. This Agreement is effective when the Order page is executed by Affiliate ; provided, however, that effectiveness remains subject to acceptance/rejection by the “L.É.” as described herein. Unless otherwise specified, the initial term of this Agreement (the “Initial Term”) shall be from the effective date through the date specified on the Order page. (usually 12 months.)
(b) Automatic Renewal. Unless otherwise expressly specified in the order, it is Affiliate ‘s intention in entering into this Agreement that the Advertising be placed in the LuxExpose.com directory specified on the Order until cancelled by Affiliate or “L.É.”, or superseded by a subsequent Agreement. With respect to each such succeeding issue, this Agreement shall automatically renew, unless cancelled in the applicable manner provided herein, for the issue life of the succeeding issue (the “Renewal Term”). All services provided during the Renewal Term will be subject to the then-current pricing and other terms for the applicable Advertising, copies of which shall either be provided to Affiliate or made available on the “L.É.”‘s official website(s) (such then current terms and conditions being the Ts&Cs for purposes of this Agreement). Unless this Agreement is properly cancelled or otherwise terminated hereunder, and if “L.É.” elects to publish and/or continue to otherwise fulfill the Advertising, Affiliate hereby agrees to pay for such Advertising for each billing cycle of the Renewal Term at “L.É.”‘s then standard rates during such billing cycle for the applicable Advertising, which standard rates may be higher than the rates set forth on the Order.
(c) Cancellation/Renewal Terms.
(i) Affiliate may cancel this Agreement, in whole or in part, only by written notice signed by an authorized representative of Affiliate sent by “U.S. Certified Mail“ to “L.É.” at “L.É.”‘s address on the Order and mailed return receipt to the attention of “Lux Exposé , LLC, 9000 Sheridan St, Suite 11, Fort Lauderdale, Florida 33027 , ATTN: Cancellation Manager.”
(ii) For a particular Print Directory Advertising or Internet Advertising, as to the Initial Term, Affiliate must deliver notice of cancellation to “L.É.” on or before the Final Date for Changes specified on the Order for the Directory in which such Advertising product shall be published/fulfilled. If the Agreement is executed or authorized after the Final Date for Changes, or if no Final date for Changes is specified on the Order, Affiliate must deliver notice of cancellation to “L.É.” within three (3) days of execution/authorization. Regarding a Renewal Term, with respect to any particular Directory, notice of cancellation must be received on or before the Final Date for Changes applicable to a particular Print Directory and/or the Issue Date for any applicable Internet Directory. Affiliate is responsible to obtain the Final Date for Changes for a subsequent issue of a Directory from “L.É.”‘s Affiliate Service Office by calling the number specified on the Order. If Affiliate chooses to have any Internet Advertising removed from any site and/or discontinued prior to the end of the Initial Term or Renewal Term, as the case may be, Affiliate shall notify “L.É.” in writing and the unpaid balance for the entire Initial Term or Renewal Term will become immediately due and payable.
(iii) For special products, as to the issue of the directory specified on the Order, there is no right to cancel. With regard to any subsequent issue of the Directory, notice must be received on or before the Renew/Cancel Date established for the subsequent issue, which date Affiliate is responsible to obtain by calling the toll-free number for Sales listed on the Order.
(iv) “L.É.” may cancel and/or reject this Agreement, in whole or in part, at any time and for any reason or no reason as determined by “L.É.” in its sole and absolute discretion, and in such event, this Agreement will remain effective as to any Advertising not canceled or rejected. Voluntary suspension of billing activity by “L.É.” with respect to all or any portion of an Order shall not, absent definitive documentation to the contrary, constitute cancellation or rejection of this Agreement and “L.É.” shall retain the right to enforce the remainder of any applicable Initial and/or Renewal Term and to resume billing when and as it deems appropriate in connection therewith.
(v) “L.É.” may immediately terminate Affiliate without giving Affiliate any opportunity to cure if “L.É.”, in its sole discretion, believes that Affiliate : (1) used the Directory, Distribution Site, Print Directory, Internet Directory, “L.É.” Lux Card in a manner which is improper or unauthorized; (2) compromised the integrity or security of the “L.É.” Lux Card Program; (3) engaged in illegal or inappropriate activities or is the subject of a government complaint or investigation; (4) provided false information to “L.É.” and its Cardholders or others; and/or (5) created a risk of injury or damage to “L.É.” and its Cardholders or others.
(vi) Cancellation shall immediately extinguish any Preference(s) Affiliate may claim. For purposes of this extinguishment of Preference(s), “L.É.” shall be entitled to immediately rely upon a Affiliate ‘s verbal expression of cancellation, without requirement of written confirmation thereof.
(d) Changes To The Directory(s) and/or Issue Life(s).
(i) If timely notice of cancellation is not received, and if no subsequent Directory serving the same geographic area is published, “L.É.” may, in “L.É.”‘s discretion, choose to place the Print Directory and/or Limited Inventory Advertising in an alternate Directory serving all or part of the same geographic area, even if the geographic scope is different from the preceding geographic scope, and Affiliate will pay for such Advertising at the then existing undiscounted rates for the alternate Directory.
(ii) The Issue Life of any Directory is not fixed. “L.É.” typically posts directories in twelve-month intervals but has the right to extend or reduce the Issue Life for a period of not more than six months, without notice to Affiliate . The Issue Life of an Internet Directory may vary upon fulfillment of the applicable Advertising, but will generally be co-terminus with the associated Print Directory and is subject to extension or reduction in the same manner therewith. In the event an Issue Life is extended, the parties agree that the term of this Agreement shall likewise be extended and Affiliate agrees to pay additional charges associated with the extended Issue Life at the monthly rate then in effect for the Affiliate for the applicable Directory.
4. Responsibilities and Duties of Affiliate . The Affiliate shall undertake to:
(i) The Affiliate shall accord all agreed benefits and discounts services for all “L.É.”’s Cardholders as itemized on the Order and Discount Program.
(ii) Allow “L.É.” to use the Affiliate ’s name and benefit offer in promotional advertising for the “L.É.”‘s Card Program;
(iii) Provide the agreed benefits and discounts in the Discount Program to all “L.É.”‘s Cardholders;
(iv) Provide training to its employees in the handling of “L.É.” Cards upon presentation by Cardholders;
(v) In some cases display “L.É.” Lux Card Program decals at all business entrances to draw the attention of “L.É.”‘s Cardholders.
(vi) Assure that only valid “L.É.” Lux Cards are accepted by the Affiliate ;
(vii) In the event of misuse of the “L.É.” Lux card, the Affiliate is required to retain the “L.É.” Lux Card and notify “L.É.” as soon as possible of the “L.É.” Lux Card misuse;
(viii) Notify “L.É.” of any updates, changes, and amendments to the Discount Program.
5. Responsibilities and Duties of “L.É.”. “L.É.” shall:
(i) Provide the Affiliate with information itemizing the benefits of the “L.É.” Card Program;
(ii) Publish the Affiliate ‘s Advertising or Discount Program in the Directories as specified on the Order;