Last Updated: February 25, 2026
Luxer One Terms of Service
1. Introduction. These Terms of Service (“Terms” or “Agreement”) are an agreement entered into between you (“you,” “your,” or “user”) and Luxer Corporation, a Delaware corporation (“Luxer”). Luxer is sometimes referred to herein as “we,” “us” or “our.” These Terms of Service apply to all Luxer websites (collectively, the “Site”) and all products and services offered by Luxer on the Site and otherwise (collectively, the “Services”), including without limitation, our locker-based package delivery offerings, package room access offerings, and other package receptacle offerings (each a “Luxer One System”), the applications downloadable on mobile devices and tablet computers (the “Luxer One Mobile App”), the Content (as defined below), and the Software (as defined below). Note that special terms might apply to some Services offered by Luxer. Any such special terms are in addition to these Terms of Service, and in the event of a conflict, prevail over these Terms of Service.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON OR ACCESSING OR USING ANY LUXER SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH LUXER. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE LUXER SERVICES. IN ADDITION, YOU ACKNOWLEDGE AND AGREE TO LUXER’S PRIVACY POLICY LOCATED AT HTTPS://LUXERONE.COM/PRIVACY-POLICY/, WHICH IS INCORPORATED HEREIN BY REFERENCE.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION CLAIMS. PLEASE READ ALL TERMS HEREIN CAREFULLY AS THEY AFFECT YOUR RIGHTS.
Luxer reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site. By continuing to access or use the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using all the Services.
2. Age and Eligibility. IN ORDER TO USE THE SERVICES YOU MUST BE AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 YEARS OF AGE. INDIVIDUALS WHO ARE UNDER THE AGE OF 18 OR THE LEGAL AGE TO FORM A BINDING CONTRACT IN THEIR JURISDICTION (THE “MINORS”) ARE PROHIBITED FROM USING THE SERVICES. ACCORDINGLY, IF YOU ARE A MINOR, PLEASE DO NOT ATTEMPT TO REGISTER FOR THE SERVICES OR SEND ANY INFORMATION ABOUT YOURSELF TO US, INCLUDING YOUR NAME, ADDRESS, TELEPHONE NUMBER, OR EMAIL ADDRESS. IN THE EVENT THAT WE LEARN THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A MINOR, WE WILL DELETE THAT INFORMATION AS SOON AS REASONABLY PRACTICABLE. IF YOU BELIEVE THAT WE MIGHT HAVE ANY INFORMATION FROM OR ABOUT A MINOR, PLEASE CONTACT US AT INFO@LUXERONE.COM . YOU REPRESENT THAT THE REGISTRATION DATA (AS DEFINED BELOW) THAT YOU PROVIDE ABOUT YOURSELF AS REQUESTED IN ANY ACCOUNT REGISTRATION FORM IS ACCURATE AND COMPLETE.
3. Agency. You represent that you are using the Services for their intended purpose. If you are registering or using the Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
4. Account Registration. The Services may require you to create an account to participate or to secure additional benefits (the “Account” or “Luxer Account”). You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes, which may include log-in credentials and/or third-party log-in credentials and contact information (the “Registration Data”). You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your username and/or e-mail address, allows you to access the Service. It is your responsibility to update or change such email address, as appropriate. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to notify us promptly at security@luxerone.com of any unauthorized use of your username, password, other Account information, or any other breach of security that you become aware of involving or relating to the Services. We may, in our sole and absolute discretion, suspend or terminate your Account and your ability to use the Services or any portion thereof for failure to comply with these Terms of Service or any other terms related to a particular service or for any use of the Services that in Luxer’s judgment threatens the security, integrity, or availability of the Services, or that violates applicable law.
5. Social Media and Networking Sites. As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing Luxer to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Luxer and/or grant Luxer access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Luxer to pay any fees or making Luxer subject to any usage limitations imposed by such third party service providers. By granting Luxer access to any Third Party Accounts, you understand that (i) Luxer may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Services via your Account and (ii) Luxer may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Luxer’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Luxer Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Luxer makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Luxer is not responsible for any SNS Content. You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to privacy@luxerone.com , Luxer will deactivate the connection between the Luxer Services and your Third Party Account and delete any information stored on Luxer’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.
6. Communications. Luxer reserves the right to send important notices, service updates, terms and conditions revisions, claims information and updates and other pertinent information by email to the email address provided, which pursuant to this agreement shall be deemed sufficient. You agree to receive periodic email marketing campaigns from Luxer or our affiliates and partners that advertise our resident services and other promotions. You further agree to receive push notifications and similar Luxer One Mobile App related communications from Luxer. Luxer reserves the right to share communications with affiliates and partners for the purpose of providing services to you and processing return pickup requests. You agree to keep your contact information current. To update your Account settings, including email address, you must log into either the Luxer One Mobile App or Luxer One resident web portal and navigate to your Account settings. Some Services may use text messaging to notify you of package deliveries and other messages related to your use of the Services. By providing your phone number, you agree to receive automated text or SMS messages to your phone number related to your use of the Services. Message and data rates may apply.
7. Intellectual Property. Luxer retains all proprietary and intellectual property rights, title, and interest that is or may be recognized in the Services, including but not limited to the Site, Luxer One Mobile App, Content, and Luxer One software. The trademarks, logos and service marks (the “Marks”) displayed on the Services are owned by Luxer or third parties. You are prohibited from use of those Marks without the express, written permission of Luxer or such third party. If you would like information about obtaining Luxer’s permission to use the Content on your website, e-mail us at support@luxerone.com. Subject to your compliance with these Terms of Service, in the event that we offer downloads of software on the Services, and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
8. Payment Terms.
a. Luxer Fees. Certain aspects of the Luxer Services are, or may in the future be, provided for a fee or other charge imposed by Luxer (“Luxer Fees” or “Paid Services”). Paid Services include, but are not limited to, Luxer Premium and Package Return Services (defined below). Additional Paid Services may be made available in the future. In the event you choose to use Paid Services, you agree to the pricing, payment, and billing policies applicable to such fees and charges as provided in these Terms of Service and any other terms provided with or applicable to the Paid Service. All fees are non-refundable and non-transferable except as expressly provided in these. All fees and applicable taxes, if any, are payable in United States dollars.
b. Property Fees. Your property owner, management group, or landlord may charge certain fees to access and use the Luxer One System, including registration fees, subscription fees, late pickup fees, and other fees as determined by your property team. These fees are not imposed by Luxer, and are imposed solely at your property or landlord’s discretion (“Property Fees”). Your property may require payment of such Property Fees via your Luxer Account. If your property imposes Property Fees and requires payment of such fees via your Luxer Account, you will be required to register for a Luxer Account and provide a valid Payment Method. Property Fees may include recurring transactions. Please contact your property or landlord about any required Property Fees.
You agree to pay any Property Fees imposed by your property. If your property requires or allows you to pay Property Fees via your Luxer Account, you hereby authorize Luxer and/or its payment processing agent to charge your Payment Method for any outstanding Property Fees. Luxer and/or its payment processing agent may collect these payments on behalf of the applicable property. You may incur other charges in connection with your payment of Property Fees, including but not limited to taxes and payment processing fees. LUXER IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR ANY CLAIMS, EXPENSES, LOSSES, LIABILITIES AND/OR DAMAGES DIRECTLY OR INDIRECTLY ARISING FROM YOUR PAYMENT OR NON-PAYMENT OF ANY PROPERTY FEES.
c. Payment Methods. By providing your credit or debit card information or other accepted payment information (each a “Payment Method”), you authorize Luxer and/or its payment processing agent to store your provided Payment Method for future use. By using the Services and providing a Payment Method, you authorize Luxer and/or its payment processing agent to charge your Payment Method for any fees, charges, or other amounts owed by you arising out this Agreement or your use of the Services. In the event your primary Payment Method fails or is no longer available, you authorize Luxer and/or its payment processing agent to charge any other Payment Method associated with Account. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or other reasons, we may suspend your access to the Service until we have successfully charged a valid Payment Method.
Luxer may use a third-party payment processor (the “Payment Processor”) to link your credit card to the Services. The processing of payments in connection with your use of the Services may be subject to the terms and conditions and privacy policies of the Payment Processor in addition to these Terms. Luxer is not responsible for any errors made by the Payment Processor.
9. Mobile App License; Use of Services. Subject to your compliance with these Terms of Service, Luxer grants you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of any available application related to the Services, including the Luxer One Mobile App (collectively the “Applications”) on a mobile device or computer that you own or control from an app store (“App Store”) and run such copies of the Applications solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application as permitted by the “Usage Rules” set forth in such App Store terms of service. Luxer reserves all rights in the Applications not expressly granted to you by these Terms of Service. The content contained on the Services, such as text, data, information, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Luxer or by third parties that have licensed their Content to Luxer. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Services are configured to enable the download of particular Content, subject to your compliance with these Terms of Service, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Luxer, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands. You may not, without the prior written permission of Luxer, “mirror” on any other server any material contained on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of Luxer.
Usage of Luxer One software, hardware and facilities, whether online or in a physical location, by users shall only be for the purposes of exercising their rights under this Agreement and not for any other purpose. Accessing, or facilitating access to Luxer One Systems via an unauthorized third party vendor is strictly prohibited, and user shall be responsible for any incidental and consequential damages arising from such unauthorized use and shall further indemnify and hold Luxer harmless should a claim arising out of a user’s unauthorized usage be held against Luxer or its subsidiaries or affiliates, including the payment of a reasonable attorney fee.
10. Luxer One Service. Once you register to use the Luxer One Service, you may order packages to be delivered to the locker location or package room for which you have registered (your “Locker Location”) by third parties that are not owned or operated by Luxer. Luxer is not responsible for, nor does Luxer retain any ownership in, any packages delivered to your locker bank, package room, or package receptacle offered in connection with any of the Services (“Locker Bank”). The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Luxer makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and Luxer makes no endorsement of the businesses or the products, services, and information they provide. Once you are notified that a package has been delivered, you will need to pick up the package from your Locker Bank. Your property or landlord may charge fees for this service and may have limits on how long they will retain your package. You may review the applicable charges for your Locker Location by visiting your Account settings and/or speaking with your property or landlord. If your package is not picked up in the time allotted, Luxer reserves the right to return such package to the sender. Your property or landlord may also return packages to the sender in accordance with their policies. You may be responsible for paying return shipping and handling costs. In no event will Luxer be responsible for shipping and handling charges associated with returning a package to the sender in accordance with this policy. Luxer will not be responsible for any lost or stolen packages unless directly due to a locker malfunction and only to the extent such damage was materially caused by the locker malfunction. If a lock or code is not working properly, please inform Luxer by e-mailing support@luxerone.com and your property or landlord. We will use our best efforts to maintain working order of Lockers and to fix any malfunctions within twenty-four (24) business hours after learning of such malfunction. You can check with Luxer or your property staff to find out your location’s policy if you are sent a package that is too large to fit in your Locker (either because the package is too large or because the system is full). Your property or Landlord may have additional policies for how it chooses to receive packages and the placement of packages into the Luxer One System or otherwise, and you are responsible for understanding those policies. Luxer is not responsible for your property or landlord’s package acceptance policies or their placement or non-placement of packages into the Luxer One System.
Luxer may offer additional, optional services such as the Luxer Premium subscription service and the Package Return Services. All additional services are subject to the terms and conditions applicable to those services as set forth in these Terms of Service and any terms and policies accompanying those services that Luxer may implement from time to time.
11. United States Postal Service. By agreeing to these Terms of Service, you agree to the potential delivery of U.S. Postal Service (USPS) mail and/or parcels to your Locker Bank or otherwise received through the Service. By agreeing to these terms, you agree that Luxer is not responsible for the delivery or accessibility of packages shipped through USPS. You maintain full responsibility to retrieve packages in a timely manner according to the terms of your agreement with any third-party businesses and landlords at your location. Your property may charge fees for your use of Luxer One System and there may be limitations on how long they will retain your packages, including USPS parcels. Luxer is not responsible for any inadvertent obstruction to your access to your USPS parcels. If a lock or code is not working properly or if you are otherwise unable to access a USPS parcel delivered to your Locker Bank, please contact your property or landlord and inform Luxer by e-mailing support@luxerone.com. In using the Service for the purposes of receipt of USPS parcels, you agree that Luxer is not responsible for any delays in access to your parcels.
12. Luxer Premium. Luxer Premium is an optional subscription service provided by Luxer that is available through the Luxer One Mobile App.
a. Service Eligibility. To be eligible for enrollment in Luxer Premium and its benefits, you must be a lawful resident of a property utilizing a Luxer One System, registered as Luxer One user, and must be at least eighteen (18) years of age. Users who have enrolled in Luxer Premium are Luxer Premium Members (“Members”).
b. Cancellation/Termination. To cancel your Luxer Premium subscription, you must navigate to the settings page on the Luxer One Mobile App or Luxer One resident web portal and select the option to cancel your subscription under your Account settings. Canceling stops the recurring monthly billing charge, but does not refund the fees and charges, if any, for the transaction for the current billing period. You can continue to use Luxer Premium until the end of the then current billing period. Luxer reserves the right to reject, revoke, cancel or suspend any Membership or take any other action at its discretion, at any time with immediate effect and without written notice or liability to any Member, if Luxer believes: (a) the Member has (1) violated any of the Terms of Service or any other terms related to a particular service; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Services; or (4) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Services, or Luxer or its employees; or (b) Luxer’s provision of the Services and/or any associated benefits to you may violate any applicable laws to which Luxer is subject from time to time.
c. Subscription Payments. Luxer Premium is an automatically recurring subscription. You are required to provide a valid Payment Method to enroll in Luxer Premium as a Primary Membership Holder (Household Members are not charged for your Luxer Premium subscription). If you enroll in Luxer Premium as a Primary Membership Holder, you authorize Luxer and/or its payment processing agent to automatically charge your Payment Method each month in accordance with the billing schedule provided to you upon enrollment until you cancel your Luxer Premium subscription (including taxes, late fees, or additional fees as applicable). You agree to pay for all services requested through the Luxer One Mobile App, including any subscription fees and one time payments. All payments are non-refundable. To cancel your Luxer Premium subscription, you must navigate to the settings page on the Luxer One Mobile App or the Luxer One resident web portal and select the option to cancel your subscription under your Account settings.
d. Trials. Luxer may, from time to time, offer a trial of the Luxer Premium subscription. Such trials will be governed by the terms and conditions applicable to the specific offer, which will be provided with the trial offer. Such terms and conditions are hereby incorporated into this Agreement. By participating in a free trial, you acknowledge and agree that the trial is of limited duration. If you do not cancel your trial of Luxer Premium before the trial period ends, you will be automatically charged the then-current monthly fee at the conclusion of the trial period, which will auto-renew on a monthly basis unless and until you cancel your Luxer Premium subscription.
e. Membership Benefits. Luxer Premium includes but is not limited to the following benefits, and Luxer may elect to add services and subtract services as deemed appropriate by Luxer: (i) Household Member Benefits; (ii) Package Return Services; (iii) Package Tracking Services; and (iv) Premium Perks. Luxer reserves the right to terminate, modify, add to, or restrict any Luxer Premium benefit at any time with or without notice.
Household Member Benefits. With Luxer Premium, you can add a limited number of household members (“Household Members”) to receive deliveries to the Luxer One System located at your property. Household Members must be at least eighteen (18) years of age. Luxer reserves the right to impose further Household Member eligibility requirements, including but not limited to being a lawful resident of your unit.
To add a Household Member, you must obtain permission from the individual to share their details with Luxer, including their name and email address. Luxer reserves the right to request additional information. Household Members must agree to the Luxer Terms of Service and Privacy Policy. You must ensure the email address and other information for Household Members is current and accurate. You acknowledge that Household Members may not have Luxer One Mobile App access, and you may not be able to retrieve packages addressed to Household Members. Carriers, not Luxer, are responsible for delivering packages to the correct individual in the Luxer One System. Luxer shall not be liable for packages that are misidentified when entered into the Luxer One System.
If your property or landlord imposes late pickup fees, you may incur late pickup fees on behalf of your Household Members. If a Household Member incurs a late pickup fee, you may be notified via email. You hereby acknowledge and agree that you are responsible for all fees incurred by Household Members on your Account. You hereby authorize Luxer to charge your Payment Method for any fees incurred by Household Members associated with your Account.
If you cancel your Luxer Premium subscription, your Household Members will be deleted from your Account and their rights under this Agreement will be terminated. Any Household Member’s active pickups will remain active.
Package Return Service Benefits. The standard Package Return Service provides for the pickup of boxed and labeled returns or unboxed and unlabeled returns for a fee. With Luxer Premium you may use the Package Return Service at no additional cost for a limited number of returns each month, as determined by Luxer from time to time. Package Return benefits may be subject to certain restrictions, such as size and weight restrictions, as determined by Luxer from time to time. Returns processed after the return limit has been reached will require an additional fee. For more information on the Package Return Service, please see Section 13.
Package Tracking Benefits. Luxer may offer an optional package tracking service (“Package Tracking”) to Luxer Premium Members (package tracking may not be available to Household Members). Package Tracking works by linking to the Member’s email address and utilizing parsing technology to parse the Member’s email for shipping related information (e.g., tracking numbers, photos, package descriptions etc.) and compiling and displaying this information for the Member’s benefit on the Luxer One Mobile App. Luxer does not represent or warrant that the Package Tracking service will detect and display all package deliveries or display the correct shipping and delivery information. Package Tracking relies on shipping codes and shipping status updates provided by carriers, and Luxer has no ability to control and shall not be responsible for any shipping estimates. The Package Tracking services may require agreement to additional terms and conditions.
If you enroll in the Package Tracking service, you will be asked to link one or more of your third-party email account to your Luxer Account, which may include providing Luxer with login credentials to your third-party email accounts. To the extent you link your third-party email account with your Luxer Account, you agree that we may access certain personal information and other data available in your email account. Luxer may not support all third-party email service providers, and may not be able to provide this service to you. You understand and agree that Luxer may collect personal information and other data to provide the Package Tracking service and to communicate with you about shipping information. The personal information Luxer may collect to provide the Package Tracking services may include, but is not limited to, authentication information (including but not limited to username and encrypted access credentials), transaction information, contact and payment information, your name, address, phone number, email address, and shipping information. For an explanation of Luxer’s practices and policies relating to the collection, use, and storage of your personal information and other information relating to you, please refer to the Luxer Privacy Policy located at https://luxerone.com/privacy-policy/.
Premium Perks. Luxer Premium Perks are exclusive offers and benefits for Luxer Premium Members. These exclusive offers and benefits are from Luxer partners and may require you to click an external link within the Luxer Premium Perks page or a direct email that will direct you to an affiliated partner’s mobile app (which may also require you to download such mobile app) or website and complete a purchase or an enrollment to take advantage of the exclusive offer. Taking advantage of these offers is optional. Each offer may be subject to unique additional terms and conditions imposed by the partner. Partner offers may include discounted subscription services or subscription services that are free for a limited time. These subscription services may require affirmative cancellation to prevent repeated billing. Luxer does not have control over the terms of these partner offers and is not liable for the actions of those partners. It is the Member’s responsibility to read carefully and comply with any terms and conditions imposed in connection with a partner offer. Luxer does not handle redemptions and such promotions are not directly redeemable through the Luxer One Mobile App. If you are having any issues redeeming your Premium Perks, please contact the partner company directly. Any and all partner offers and other promotions are void where prohibited.
13. Package Return Services. The Package Return Service provides for the pickup of returned packages for a fee. Pickups may include boxed and labeled returns or unboxed and unlabeled returns. Restrictions, such as size and weight restrictions, may apply as determined by Luxer from time to time. Returns may be picked up from your property’s Luxer One System and taken to the correct carrier facility (UPS, FedEx, etc.). Refunds for your returned items are provided by your retailer, not Luxer. Luxer is not responsible for providing refunds to you. Luxer is not package carrier, and is not responsible for the delivery of your returns. All pickups for returns must be placed through the Luxer One Mobile App. The Package Return Service may not be used on behalf of a trade or business, including a sole proprietorship carried out in the Member’s name. Luxer shall have the authority to delay the processing of any return pickup for an indefinite period of time when, in Luxer’s sole discretion, an event of regional or global significance has occurred that has delayed the normal flow of package deliveries and pickups.
a. Packaging. If you are packing your own return, you must ensure your items are properly packaged. Luxer is not responsible for any damages that occur to your return due to inadequate packaging. Luxer may offer a packaging service, which may require an additional charge. Any returns that require boxing may be inspected by Luxer to ensure its safe delivery. Luxer may, but is not required to, inspect any return for any reason.
b. Text Communication. The Package Return Services may require you to provide a phone number capable of receiving text or SMS messages for you to receive automated messages related to your requested package pickups. By providing your phone number, you agree to receive automated text or SMS messages to your phone number related to your use of the Package Return Services. Message and data rates may apply.
c. Liability. Luxer is not responsible for any lost, damaged, or stolen items that occurs outside of Luxer’s time of possession. Luxer will help rectify damaged returns to the extent the damage was caused by Luxer and not caused by anything outside of Luxer’s control, such as inadequate padding, cushioning, wrapping and/or packaging by you or any packages lost or damaged due to acts of God (including hurricane, tornado, flood, federally declared natural disasters, war, civil unrest, or terrorism). Member is responsible for filing any claims for any lost, stolen or damaged packages that may be asserted against other insurance carriers, the shipper or other third parties and shall indemnify, hold harmless and make whole Luxer out of any recovery obtained from other liable parties.
14. Rules of Conduct. Your use of the Service is expressly conditioned upon you complying with the following restrictions: You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Service, without Luxer’s express written consent, which may be withheld in Luxer’s sole discretion; you may not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer); you may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; you may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. You may not interfere with other users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club userships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited. You will not create multiple Accounts. You will not create and delete Accounts to redeem the same offers. Luxer will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Service security issues, to the fullest extent of the law. Luxer may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Luxer has no obligation to monitor your access to or use of the Service or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Luxer reserves the right, at any time and without prior notice, to remove or disable access to any content, including any User Content, that Luxer, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service.
15. Privacy and Your Personal Information. For an explanation of Luxer’s practices and policies relating to the collection, use, and storage of your personal information and other information relating to you, please refer to the Luxer Privacy Policy located at https://luxerone.com/privacy-policy/. BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND SHARING OF THIS INFORMATION IN ACCORDANCE WITH THIS PARAGRAPH AND OUR PRIVACY POLICY.
16. Recordings. Luxer may record video, take pictures of users and package labels or capture a signature when packages are dropped off or picked up. You consent to Luxer’s right to capture you or your likeness via videotape, film, record, photograph, or voice, and in exchange for the right to use the Services, you hereby irrevocably grant to the Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to (1) use any such videotape, film, record or photograph of you and/or your signature to provide and solely improve the Services and (2) use, and permit to be used, your name and identity solely in connection with Luxer’s performance and delivery of the Services. You hereby waive all rights and release Luxer and its affiliates, and their officers, directors, employees and agents from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of your identity, likeness or voice in connection with the Services. You acknowledge that Luxer shall not owe any financial or other remuneration for using the recordings provided hereunder, either for initial or subsequent transmission or playback, and further acknowledge that the Luxer is not responsible for any expense or liability incurred as a result of your recordings or participation in any recordings, including any loss of such recording data.
17. Third-Party Services. The Services, including but not limited to the Luxer One Mobile App, the Site, and/or any Content, may contain links to third-party, websites, applications, products, and services that are offered and/or maintained by others (collectively “Third-Party Services”). Any such links are provided solely as a convenience to you and not as an endorsement by Luxer of the Third Party Services. When you access Third-Party Services, we will not warn you that you have left the Luxer One Mobile App and may be subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Luxer. Luxer is not responsible for any Third Party Services and does not review, approve, monitor, or make any representations or warranties regarding any Third-Party Services, the privacy practices of any third parties, or any product or service provided in connection therewith. Your access or use of Third-Party Services is at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services before proceeding with any transaction with any third party. Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
18. Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (the “Feedback”). You may submit Feedback by emailing us at feedback@luxerone.com or through any other means provided in the Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of Luxer and you hereby irrevocably assign to Luxer and agree to irrevocably assign to Luxer all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Luxer’s request and expense, you will execute documents and take such further acts as Luxer may reasonably request to assist Luxer to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
19. Copyright Policy; Digital Millennium Copyright Act. Luxer respects the intellectual property rights of others. It is Luxer’s policy, at its discretion and when appropriate, to terminate the Accounts of users who may infringe or repeatedly infringe the copyrights of third parties. To submit a copyright infringement notification to Luxer, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the below-specified Copyright Agent with the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows: By Email: copyright@luxerone.com By Mail: DMCA Designated Agent Attn: Legal Department Luxer Corporation 5040 Dudley Blvd McClellan, CA 95652
20. Export Control. The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Services to countries or persons prohibited under export control laws. By downloading the Services, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Services.
21. Warranties; Disclaimers; Limitation of Liability. THE LUXER SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LUXER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LUXER MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LUXER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LUXER OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER LUXER NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE (INCLUDING BUT NOT LIMITED TO THE OWNER OF THE PROPERTY AT WHICH YOUR LOCKER BANK IS LOCATED OR ITS RELATED SUBSIDIARY, PARENT, OR AFFILIATE (THE “LANDLORD”)) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LUXER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL LUXER’S OR THE LANDLORD’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO LUXER FOR USE OF THE SERVICES, OR FIFTY DOLLARS ($50.00 USD) IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LUXER AND YOU AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
22. Indemnification. You agree to indemnify Luxer and your property owner, property manager, or landlord and their officers, directors, employees, agents, and third party service providers (the “Indemnified Parties”) against, and to hold them harmless from, any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by the Indemnified Parties directly or indirectly arising from (i) your use of and access to the Services or the Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services or the Site.
23. [Reserved] This Section 23 is intentionally left blank.
24. Accessing and Downloading The Applications. The following applies to any Application, including the Luxer One Mobile App, accessed through or downloaded from an App Store (“App Store Sourced Application”): You acknowledge and agree that (i) these Terms of Service are concluded between you and Luxer only, and not an individual App Store, and (ii) Luxer, not the App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for the App Store Sourced Application, if applicable, to you and to the maximum extent permitted by applicable law. Such App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Luxer and the App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Luxer. You and Luxer acknowledge that, as between Luxer and an App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Luxer acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Luxer and such App Store, Luxer will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You and Luxer acknowledge and agree that the App Store, and the App Store’s subsidiaries, are third-party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of these Terms of Service, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
25. Governing Law. This Agreement, and all legal issues arising from or related to the use the Services or the Site, including any Dispute (as defined in Section 36) shall be governed and construed in accordance with and pursuant to the laws of the State of California, without giving effect to its principles of conflict of laws (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. The Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern the interpretation and enforcement of the arbitration agreement in Section 36 of this Agreement. Except for the specific court proceedings expressly permitted below, the parties will resolve all Disputes exclusively by binding, individual arbitration under Section 36. For any court proceeding permitted pursuant to Section 36, the parties consent to exclusive jurisdiction and venue in the state courts located in [SAN FRANCISCO COUNTY], California, or the United States District Court for the [NORTHERN DISTRICT OF CALIFORNIA], and each party waives any objection to such venue, including any claim of inconvenient forum.
26. Successors and Assigns. You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Luxer’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Luxer may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
27. No Waiver. The failure of Luxer to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Luxer. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise.
28. Force Majeure. Luxer shall not be responsible for any delays or failures in performance arising from causes beyond its reasonable control or unforeseen events, including but not limited to acts of god or nature, fires, floods, earthquakes, accidents, strikes, wars, terrorism, epidemics or pandemics, governmental actions, or interruptions or failures in common carriers (such as internet service providers and web hosting services) or utilities.
29. Severance. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, such provision will be enforced to the maximum extent permissible and shall remain enforceable in all other jurisdictions where such provision remains valid. The invalidity or unenforceability of one provision shall be deemed as severable and not render any other provision, whether expressly stated herein or incorporated by reference, as invalid or unenforceable.
30. No Third-party Beneficiaries. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits except as expressly provided herein.
31. Entire Agreement. This Agreement, and all other documents indicated herein as applicable to the Services, constitute the entire agreement between the parties. Headings used in this Agreement are for convenience of reference only and do not affect the construction or interpretation of this Agreement.
32. Contact Luxer. In the event of a complaint, or to request further information, we may be contacted in writing at Luxer Corporation, 5040 Dudley Blvd, McClellan, CA 95652, USA, or by e-mail at info@luxerone.com. Answers to frequently asked questions (FAQs) may be found at https://www.luxerone.com/support/#faqs. FAQs are subject to change at Luxer’s sole discretion.
33. Notice Regarding Access by Minors. We do not intentionally or knowingly gather personal data about visitors who are under the age of 13. The Services are not for or directed to children nor anyone under 18 years old. If we learn that we have collected personal data from an individual under age of 13, we will remove that personal data immediately and delete it from our servers (unless retention is required by applicable law). If you believe content from an under 13 years child has been posted in our “service,” please notify us by contacting us at support@luxerone.com.
34. California Minors. The Services are not intended for anyone under the age of 18. If you qualify as California resident, under 18 years old, and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at support@luxerone.com.
35. Arizona Provisions. With respect to Services rendered in the State of Arizona, you acknowledge and agree that (1) neither these Terms of Service, nor any related dealings between you on the one hand, and Luxer or the Landlord on the other, nor the provision or use of the Services, constitute or establish a “rental agreement,” as that phrase is defined in Arizona Revised Statutes (“ARS”) Section 33-1701.A.14, (2) neither the Locker Location nor any other property of Landlord, Luxer or of any third party involved in the provision of the Service is a “self-service storage facility,” as that phrase is defined in ARS Section 33-1701.A.15, and (3) notwithstanding anything in these Terms of Service or any statement or undertaking by property staff at the Locker Location to the contrary, the Landlord has absolutely no responsibility concerning provision of the Services, and by using the Services, you waive and release any and all claims, demands, causes of action, obligations, damages, and liabilities against or of the Landlord, any officer, director, employee, agent or contractor of the Landlord, that relate in any manner whatsoever to the provision of the Services.
36. Agreement to Arbitrate: Dispute Resolution, Binding Arbitration, Class Action Waiver; Waiver of Jury Trial
a. Exclusively Individual Arbitration; Order of Precedence
Except where prohibited by applicable law, you and Luxer Corporation agree to resolve all Disputes (as defined in Section 36 (b), below) arising out of or relating to these Terms, the Privacy Notices, the Services or their Content by binding, individual (non-class, non-consolidated, and non-multiple claimants) arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms.
Arbitration is an alternative dispute resolution procedure that allows us to resolve issues without going to court and without the use of a jury trial. Any dispute between you and Luxer Corporation will be submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. The right to appeal from an arbitrator’s decision is very limited.
The AAA Rules, including instructions for how to initiate arbitration, are currently available at https://adr.org and https://adr.org/sites/default/files/Consumer%20Rules.pdf. If these links do not bring you to the AAA Rules, you should use a search engine (such as Google) to search for “American Arbitration Association Consumer Arbitration Rules.”
Accordingly, you and Luxer agree that this Section 36 governs the exclusive method for resolving all Disputes.
YOU AND LUXER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING (INCLUDING ANY “PRIVATE ATTORNEY GENERAL” ACTION), TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERM OR ANY DISPUTE, AS DEFINED HEREIN.
You and Luxer knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”).
The arbitrator may award relief only on an individual basis and only to the extent necessary to resolve the individual Dispute, even if the arbitrator has rules permitting class or mass or collective arbitrations. The arbitrator may not consolidate the claims of more than one person or preside over any form of class, collective, consolidated, or representative proceeding.
This Section 36 replaces, supersedes, and controls over any inconsistent dispute resolution, arbitration, venue, or forum language elsewhere in these Terms (including former Section 23 and any other references to arbitration or court forums), to the maximum extent permitted by law.
If there is any conflict between this Section 36 and any AAA rule or policy, this Section 36 will control to the maximum extent permitted by law.
b. Definitions; Scope of Disputes; Exceptions
“Dispute” means any dispute, claim, or controversy (other than those exceptions listed below) for which you or Luxer seeks legal recourse against or involving the other, including: (a) these Terms (including any breach of the Terms); (b) the Services, the Site, the Luxer One Mobile App, Content, or Software; (c) Luxer’s advertising, marketing, or communications; (d) your account, enrollment, billing, or payments (including any Luxer Fees); or (e) the validity, enforceability, applicability, scope, or meaning of this Section 36 or any portion of it; in each case, including claims that arose before this or any prior agreement or that arise after the termination of the Terms. The term “Dispute” will be given the broadest possible meaning permitted by law. The involvement of a third party which or who is not a party to this agreement to arbitration shall not affect, prevent, or destroy your or Luxer’s right to have Disputes arbitrated pursuant to this agreement.
This agreement to arbitrate applies to claims based in contract, tort (including negligence), statute, fraud, misrepresentation, or any other legal theory, and it applies regardless of whether the claim seeks damages, injunctive relief, declaratory relief, or any other remedy.
Only the following Disputes are exempt and excepted from the arbitration requirement: (1) complaints you wish to make to a government agency; (2) small claims court actions; (3) claims related to intellectual property infringement; (4) claims related to the enforceability of the requirement that arbitrations must be conducted on an individual basis only; (5) actions to compel arbitration or to uphold or enforce any prior arbitration decision, and (6) all Disputes and claims related thereto that are not subject to arbitration pursuant to these Terms and which are not included in the preceding subparagraphs (1) through (5) which shall be settled in accordance with decision of the referee rendered as provided for in Part 1, Title 8, Chapter 6, § 638(a) of the California Code of Civil Procedure, or any successor California statute governing resolution of disputes by a court-appointed referee without a jury. Further, you or Luxer may seek an injunction in court on an individual (non-class) basis to preserve the status quo between us for the entire period until we resolve the Dispute in arbitration.
c. Arbitration Procedure and Location; Time Limits; Statute of Limitations
For matters which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in [San Francisco], unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you and Luxer are unable to agree on a location, the neutral arbitrator shall determine the location.
Any Dispute must be filed within the time period required by applicable law. The same statute of limitations and defenses (including laches, equitable estoppel, or other equitable defenses) apply in arbitration as would apply in court.
d. Consumer Arbitration Fees and Costs; Attorneys’ Fees; Enforcement
If you initiate an arbitration against us, you must pay the AAA filing fee required for consumer arbitrations in an amount no greater than the fee you would have to pay if you filed a complaint in federal court. Luxer will pay any remaining administrative or arbitrator fees as required by the AAA Rules. However, if the arbitrator determines your claims are frivolous, you shall bear all arbitration costs. If Luxer initiates arbitration against you, Luxer will pay the AAA filing fee and arbitration costs.
Each party will pay his/her/its own attorney’s fees, as well as costs relating to proof and witnesses, regardless of who prevails, unless applicable law and/or the AAA Rules gives a party the right to recover any of those fees from the other party.
The arbitrator may award any relief permitted by applicable law on an individual basis. Judgement on the award may be entered in any court of competent jurisdiction.
This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act.
e. 30-Day Right to Opt Out
You have the right to opt out of and not to be bound by the binding, individual arbitration provisions set forth in these Terms. To exercise this right, you must send written notice of your decision to Luxer Corporation at 210 Progress, Suite 100, Irvine, CA 92618. Your notice must include your name, mailing address, and email address associated with your account with us, and state that you do not wish to be bound by the agreement to arbitrate contained in Section 36 of these Terms.
TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION.
You are responsible for ensuring that we receive your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, we will not be bound by them with respect to Disputes with you.
f. Survival of Arbitration Provision
Unless you opt out in a timely manner as provided in Section 36 (e), this Section 36 shall specifically survive any termination or expiration of these Terms and/or the closure of your account, and it will apply to any Dispute between you and Luxer.
