Terms of Service

LuxMotion Terms of Service

Last Updated: 9/5/2023

Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations. These include a number of limitations and exclusions, as well as a clause that governs the jurisdiction and venue for disputes, an agreement to arbitrate on an individual basis, along with obligations to comply with applicable laws.

INTRODUCTION

LuxMotion, LLC, (hereafter, “LuxMotion”, “we”, or „us“), provides Renters with a platform to allow them to rent luxurious vehicles. LuxMotion can be accessed online at www.luxmotion.co (the LuxMotion websites and blogs are collectively called the “Services”) You agree that by accessing and using the Service, or by communicating with LuxMotion or with other LuxMotion Users, regardless of whether you are a registered LuxMotion user, you will comply with the Terms of Service. The Terms apply to your use and access of the Services, and are a legally binding agreement between LuxMotion and you.

The Terms together with LuxMotion’s Privacy Policy and any applicable insurance and roadside assistance policies, as well as the Policies available via the Services, constitute an “Agreement”. This Agreement is between LuxMotion and you (each “Party”, and collectively “the Parties”)

Modification. 

LuxMotion, in its sole discretion, reserves the right to change our services, these terms, or our policies at any time. We will notify you if we make any changes to these Terms, or our Policies. The “Last updated” date will be changed at the top. You agree to the Terms modified by continuing to use or access our Services following a post or notification of a change. You can only stop accessing and using the Services if you do not accept the Terms as modified.

If you have any questions for us concerning this Agreement or LuxMotion generally, please contact us at luxmotionllc@gmail.com.

GENERAL TERMS

Eligibility. 

Only persons 25 years old or older are eligible to use our services. Anyone under the age of 25 must not use our Services.

Registration. 

In order to use certain Services, you will need to create an account (hereafter “a LuxMotion Account”) with us. You can do this by providing your email and creating a unique password.

Verification. If you rent or list a vehicle with LuxMotion, we will ask you for certain personal information that allows us to confirm your identity. You agree to give us accurate and complete information regarding yourself and any vehicles you may have. LuxMotion reserves the right to conduct screenings and checks to verify the identity and/or background of vehicles and users. This includes checking driving records, valid driver’s licences and endorsements for motorcycles. However, we are not obligated to do so. LuxMotion, at its discretion, may use third-party services to verify information that you have provided to us, to get additional information, or to make corrections, if applicable. You hereby give LuxMotion permission to receive, store, and use such information. LuxMotion reserves the right to accept or deny your request to be an approved rider at its discretion. LuxMotion can, but is not obligated to, make efforts to guarantee the safety of the vehicles that are shared via the Services. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any vehicles beyond our policies that require vehicle LuxMotions to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean (non-salvaged/non-branded/non-washed/non-written off) title, not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

Authorization. You authorize LuxMotion to conduct background checks, obtain motor vehicle reports, and/or criminal records, if applicable, in order to comply with applicable laws. LuxMotion may also obtain your credit report, motorcycle and/or auto insurance score or background check if it believes that there is an increase in risk with regards to your LuxMotion account.

Continued Information Updates If your driving history, contact details, or background changes, you promise to keep LuxMotion informed. LuxMotion will send you notices at your most recent contact details, including email address, phone number or billing address. These notices are valid, even if the email address or telephone number you provided is no longer active, or if mail to that address has stopped. You are solely responsible and accountable for any and all activity occurring through your LuxMotion account. Please keep your password secure and your account details safe. You agree to not reveal your password or account information to anyone else and you accept full responsibility for all activities that occur under your LuxMotion Account. This includes whether you authorized the activities. LuxMotion must be notified immediately of any suspected or actual unauthorized usage of your LuxMotion account. If you fail to follow this clause or if we take a long time to shut down your LuxMotion account after reporting unauthorized access, then LuxMotion is not responsible.

You Commitments. You commit to using your LuxMotion account and Services according to the terms, the applicable laws, and other policies or standards that LuxMotion may provide. You agree that as a “traveler”, that you will be a licensed driver, and that you will provide LuxMotion with proof of an active, valid license. In addition, you will return the vehicle in the same or similar condition to when you first received it.

You agree not to encourage or request any third parties to engage in the following activities:

Any law including:

  • breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, third party rights or our systems, Policies or determinations of your account status;
  • Post false, inaccurate or misleading content that is defamatory or libelous;
  • Infringe on, reproduce, perform or display, distribute or reverse engineer content owned or licensed by LuxMotion or another LuxMotion User or a third-party, including any works protected by copyrights or intellectual property rights such as trademarks, patents or other intellectual properties, privacy or publicity, moral or contractual rights.

Do not dilute, tarnish or harm LuxMotion in any other way.

  • Through the unauthorized use or user content and/or LuxMotion;
  • Registering and/or Using LuxMotion, derivatives or other terms as domain names, business names, trademarks or any other name;
  • Registration and/or use of domain names or trade names that are similar or identical to LuxMotion trademarks or domain names. This includes taglines and promotional campaigns.

False information can include:

  • False information about your identity, such as your date of birth or name;
  • False or misleading information is used to make a complaint or to respond to one (for instance, about vehicle damage);
  • Offer any vehicle as a LuxMotion that you don’t own yourself or are not authorized to share.
  • Offer, as a LuxMotion any vehicle which cannot be rented under the terms of a contract with a third-party, such as, but not restricted to a leasing or financing agreement.
  • Offer as a LuxMotion any vehicle with a salvaged title, that’s been branded, that’s been written off, that washed or is unclean, that doesn’t meet the legal requirements for registration and insurance, that can not be legally driven, that does not pass safety tests, etc.
  • Rent or ride any vehicles without having a valid motorcycle or driver’s license as required.
  • Any listing that contains false information or is misleading, or any listing which includes a price you don’t intend to honour;
  • Register for a LuxMotion account on behalf of someone other than you;
  • Falsify your identity or affiliation to any entity or person.
You may fail to honour your obligations, such as:

If you fail to pay any fees or amounts due to LuxMotion,

  • If you, either as a traveler, or LuxMotion fail to deliver, make ready, or return a vehicle on time, except for a valid excuse as set forth in our policies;
  • Use the Services to locate a LuxMotion, or a traveler and complete an independent vehicle rental, or other transaction, partially or entirely, to avoid paying any LuxMotion charges related to LuxMotion’s provision of Services or any other reason;
  • Transferring your LuxMotion account and/or User ID without consent is prohibited.
  • Allow anyone else than the Approved Rider with whom you travel to drive the vehicle that you have rented.
  • Leave a motorcycle unattended or running with the key in the ignition except when instructed by LuxMotion to do so in limited circumstances

You may not harm or threaten users in our community.

  • If you “stalk” another LuxMotion User or harass them, or collect any information that can be used to identify the user (other than in order to transact as a LuxMotion LuxMotion traveler or LuxMotion) then this is prohibited.
  • Engage in abusive, threatening or violent conduct.
  • Use our services to send, post or transmit any information about another person or entity. This includes, but is not limited to, photos of other people without their consent, contact details, credit card numbers, debit cards, and calling cards.
  • Treat anyone differently because of their appearance, the people they love, their beliefs, how they identify themselves, where they are from or when they were birthed. LuxMotion does not tolerate any form of discrimination.

You can use LuxMotion to perform your own non-related tasks, such as:

  • Contact a LuxMotion user for anything other than a simple question about a reservation or the vehicle or listings of LuxMotion;
  • Contact a traveler/user for any reason other than to ask a question about a reservation or the use of LuxMotion Services by that traveler;
  • Commercialize content on LuxMotion, or any software that is associated with LuxMotion Services including reviews.
  • We will not harvest, collect or use any information without our users’ consent.
  • Without prior written consent from LuxMotion you may not recruit, solicit or otherwise invite any users to join other services or sites that compete with LuxMotion.

In order to interfere with the services, you may:

  • Interfere with other users’ listings
  • Entering into a LuxMotion Transaction with a Member of Your Family, Household, Friend, Colleague, or Aquaintance
  • Distribute or post unsolicited bulk electronic communication, chain letters or pyramid schemes.
  • Distribute viruses, malware, denial of service attacks, harmful code or other technology such as backdoors or packet or IP spoofing or forged electronic mail addresses, etc., that could disrupt the operation of LuxMotion’s Services or cause harm to LuxMotion, others or their property.
  • Bypass robot exclusion headers; interfere with our services or place an excessive or unreasonable load on our infrastructure.
  • The use of crawlers or bots to retrieve content or data from our services in order to compile or create a database or directory.
  • LuxMotion expressly prohibits the use of the Services and any element contained within them, LuxMotion’s trademarks, logos, other proprietary information or LuxMotion’s name.
  • Access, modify, or misuse non-public parts of the Services or LuxMotion’s computers, or technical delivery systems from LuxMotion’s suppliers;
  • You may not probe, scan or test any system or network of LuxMotion or attempt to breach security or authentication mechanisms.
  • Avoid, bypass, disable, unencrypt, damage, and otherwise circumvent all technological measures implemented by LuxMotion, any LuxMotion providers, or other third parties (including users) in order to protect Services.
  • Use the Services in any manner to alter, deceptive or falsely identify the source of any information, including TCP/IP headers or header information, in an email or newsgroup post;
  • You must not reverse-engineer, decompile or disassemble any software that is used by the Service;
  • You may not attempt to avoid a suspension or termination of your account by creating a brand new account or allowing other LuxMotion members to list vehicles that are registered to you, a family member, or any of the household.

Violations. 

LuxMotion may access, preserve, and disclose any of your information: (i) if we are permitted or required to do so by law; (ii) if we believe in good faith that it is reasonably necessary to respond to claims asserted against LuxMotion, or to comply with legal process (for example, subpoenas or warrants); LuxMotion can access, store, and share any information you provide: (i), if permitted by law, (ii), if in our good faith we feel it necessary to answer claims made against LuxMotion and comply with legal processes (such as subpoenas and warrants); (iii), to enforce the Terms, (iii), to administer them, (iv), to prevent fraud, conduct risk assessments, investigate, assist customers, develop products, or debug; and (v) for the purposes described above;

LuxMotion has the right to disable or remove access at any time, without notice and for any reason that LuxMotion deems objectionable, or in violation of the Agreement, or harmful to our Services or community. We may limit, suspend or terminate access to LuxMotion Services and/or your LuxMotion account(s), if we feel you have abused LuxMotion or our employees or users in some way, or violated the spirit or letter of this Agreement. In addition, without limitation of our other remedies we can remove any hosted content or deny coverage claims, demote and remove your listings, decrease or eliminate discounts and take legal and/or technical steps to stop you using our Services. We reserve the right, at our discretion, to deny or terminate any of our services to anyone. We reserve the right, at our sole discretion, to deny or terminate any Service to anyone.

Application of Policy. 

We may take into account the performance of the user and their specific circumstances when applying our policies. In an attempt to make the right decision, we may be more flexible with our policies. This is at our absolute discretion.

Payment of Fees. 

You authorize LuxMotion or any third party service provider acting on LuxMotion’s behalf to use your payment credentials in case you are owed money by LuxMotion. LuxMotion may use the stored payment credential for any balances including Trip Costs (including payment), fines or fees. LuxMotion, its partners and any third parties will use all available legal means to recover the amount. This includes engaging collection agencies or hiring legal counsel. LuxMotion or any collection agency we hire may report your information to credit bureaus. As a result of this, your late payment, missed payment, or defaults may appear on your credit report. Chargebacks and delinquent account amounts will also be subject to fees or charges incidental to their collection. These fees may include convenience fees, collection charges, and any other charges. LuxMotion has been given your explicit consent to communicate with you about delinquent account via electronic mail, phone or any other means. LuxMotion, or anyone acting on LuxMotion’s behalf (including but not limited third-party collection agents), may make such a communication. If you wish to dispute the information LuxMotion reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at luxmotionllc@gmail.com. You must directly contact the collection company if you want to dispute any information that was reported by a collection agent to a credit agency regarding your LuxMotion Account.

Communication with you. 

We may use automated or prerecorded messages to reach you at certain times. Or, a team member may text you. These calls and texts may be placed to verify your registration, provide information about your LuxMotion Account (or LuxMotion Account Activity), investigate or prevent fraud, collect debts owed to you or to communicate urgent messages. We or our service provider may use autodialed, prerecorded messages and texts to contact you for the above purposes. Your phone number may be shared with our service providers to help us pursue these goals. We will never share it with a third party for its own use without your permission. There may be standard charges for text messages, data and telephone minutes. Where LuxMotion is required to obtain your consent for such communications, you may choose to revoke your consent by writing to us at luxmotionllc@gmail.com.

LuxMotion reserves the right to monitor and record any telephone conversation you have with LuxMotion, or agents acting for LuxMotion, at our sole discretion and without prior notice. This is done in order to ensure quality and train employees. Your communications with LuxMotion can be monitored or recorded, without any further warning or notification. If you do not wish to have your call recorded, please contact us in writing at luxmotionllc@gmail.com.

Insurance.

The Vehicle, ourselves, and you are covered by liability, collision, and comprehensive insurance. Our insurance (the “Policy”) covers third-party liability for motorcycles, including bodily injury or property damage. The limits are no more than those stated by the laws governing financial responsibility in each state. We are not required to pay for any insurance that is valid or collectible, whether it be primary, secondary insurance, excess insurance, contingent insurance, etc. Anyone claiming coverage is subject to the exclusions and conditions of the Policy. We and you reject PIP coverage, medical payments and no-fault insurance. If such coverage is required to be provided by law, it will only cover the minimal limits set forth by the applicable laws. If you have an accident, report it to the police and us as soon as possible. You will also need to fill out our incident form. The Policy will not cover you if the vehicle is given to an unauthorised driver, or you breach the Agreement in any other way. It also won’t cover you if the incident or accident report you submit to us does not match the information you provided.

If there is a discrepancy or conflict between this explanation of coverage and the applicable insurance policies offered to LuxMotion’s community, then the language of the policy will prevail.

LEGAL DISPUTES for RENTERS

Please read this section carefully. It will have a significant impact on how LUXMOTION and you resolve any claims that either of you may make against the other.

You and LuxMotion, subject to applicable laws, agree to resolve any dispute or claim at law that may have arisen between us in relation to this version of the Terms or earlier versions, the Service, any violation, enforcement or termination of the Agreement, as well as any other issue arising from this Agreement.

Applicable law Except as otherwise specified in this Agreement, the Terms, and any use of Services, will be interpreted according to the laws of Colorado, and of the United States of America without reference to their conflict of law provisions.

The Agreement to Arbitrate. The parties agree to resolve any disputes, claims, or disagreements that may have arose or could arise in the future between them and LuxMotion, including its subsidiaries, employees and officers as well as agents and other third-party insurance products and brokers. They also agree to settle any dispute or claim that has arisen, or that might arise, in relation to this Agreement or earlier versions, the use or access of the Services or the services offered or purchased by LuxMotion, any breaches, enforcement or termination, shall exclusively be settled through binding final This Agreement to Arbitrate is governed by the Federal Arbitration Act.

The prohibition of class and representative actions and non-individualized relief. You and LUXMOTION agree that each of us may bring claims against the other only on an individual basis, not as a plaintiff or class member in any purported CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND LUXMOTION AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. The arbitrator may also award relief (including monetary, injunctive, and declaratory relief) only to the individual party seeking it, as well as for the amount necessary to provide that party with any needed relief. Any relief awarded cannot affect other users.

Arbitration procedures. Arbitration can be more informal than litigation in court. In arbitration, a neutral arbitrator is used instead of a jury or judge. The court’s review of the award of arbitration in an Arbitration case is also very limited. Arbitrators can grant the same relief and damages that courts can. The arbitrator decides all issues, with the exception of those relating to the arbitrability or scope of the Agreement to Arbitrate or interpretation of the heading “Prohibition on Class or Representative Actions or Non-Individualized relief”.

This Agreement to Arbitrate will modify the rules of the American Arbitration Association (AAA) and the arbitration process. You can find the AAA rules at www.adr.org, or call 1-800-778-7879.

The party that intends to submit a dispute to arbitration should first email the other party a fully completed Notice of Dispute (the “Notice”) form. The Notice to LuxMotion should be sent via email to luxmotionllc@gmail.com. Please include your name, phone number, email address and mailing address. You should also briefly explain the nature of the dispute you are having and what relief LuxMotion can provide.

You or LuxMotion can initiate arbitration proceedings if you are not able to settle the claim described in the notice within 30 days of receiving it. The AAA website, www.adr.org, has a form to initiate arbitration proceedings. (The AAA offers a Demand For Arbitration and separate forms for California Residents.) The party initiating arbitration is required to send the other party a copy. This form must be filed with the AAA according to its rules and procedure. You or LuxMotion may not disclose any settlement offers made to the arbitrator.

If the relief sought is less than $25,000, you or LuxMotion may elect to have arbitration conducted by telephone or based solely on written submissions. This election shall be binding upon both parties. You or LuxMotion can elect for the arbitration to be conducted via telephone, or solely based on written submissions if you are seeking relief of less than $25,000, but this choice is binding. The arbitrator may, however, require an in person hearing if circumstances warrant. If an in-person meeting is scheduled, either you or LuxMotion can attend via telephone.

The arbitrator will provide the findings and conclusions that he used to base his award in cases where relief is sought over $1,000. Arbitrators will determine the merits of any claim in accordance to applicable law and equity principles, while also honoring all privilege claims recognized by law. In terms of both types of damages and amounts, the arbitrator must award damages in accordance with “Limitation of Liability”, section of these Terms. Arbitrators are not bound by previous arbitration rulings that involved different LuxMotion users. However, they may be bound to prior rulings that involve the same LuxMotion User if applicable laws require it. Arbitrator’s decision is final and binding, and any court with jurisdiction can enter judgment on it.

All communications and evidence concerning the dispute are to remain confidential. Neither party will take actions that could harm or negatively affect the reputations of either Party or entity.

Arbitration Costs. 

The AAA rules will govern the payment of filing, administrative, and arbitrator costs, unless this agreement to arbitrate states otherwise. LuxMotion, upon your request and if the amount of relief requested is less than $1,000, will reimburse all fees related to the arbitration, including filing, administrative, and arbitrator costs, following either the decision of the arbitrator or a settlement. LuxMotion will not reimburse any arbitration fees if the arbitrator finds that the claims you make in arbitration are frivolous, or brought with an inappropriate purpose. This is measured according to the Federal Rule of Civil Procedure 11 (b).

Severability. 

If an arbitrator decides to invalidate or render unenforceable any provision of the Agreement to Arrange, except for those in the section “Prohibition Class Actions, Representative Claims, and Non-Individualized Redress” of these Terms the remaining provisions of the Agreement to Arrange will still be valid. The entire Agreement to Arbitrate will be invalidated if an arbitrator decides any of the provisions of “Prohibition of Class and Representative Actions and Non-Individualized Relief”, section of these Terms, is invalid. All other provisions of this Agreement and these Terms will remain in effect.

Opt-Out Procedure. IF YOU ARE A NEW LUXMOTION USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO LUXMOTIONLLC@GMAIL.COM (“OPT-OUT NOTICE”). The OPT-OUT notice must be received no later than 30 days after the date you accept these terms for the first time.

In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your LuxMotion Account(s) to which the opt-out applies, to luxmotionllc@gmail.com. You can only opt out of the Agreement for Arbitration by following this procedure. You can opt out of the Agreement for Arbitration, but all the other provisions of the Agreement will still apply.

Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against LuxMotion prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and LuxMotion. If you do not agree to these amended terms, you may close your account within 30 days of the amendment being posted and you will not be bound by the amended terms; however, you will continue to be bound to arbitrate any dispute in accordance with the provisions of the “Agreement to Arbitrate” section of these Terms as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to LuxMotion, you do NOT need to submit another one when the Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid Opt-Out Notice as to future versions of the Terms.

Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court or the parties have reserved their rights to pursue legal action in a court of law for actual or threatened intellectual property infringement pursuant to these Terms, you agree that any claim or dispute that has arisen or may arise between you and LuxMotion must be resolved exclusively by a state, federal, or small claims court located in Boulder County, Colorado. You and LuxMotion agree to submit to the personal jurisdiction of the courts located within Boulder County, Colorado for the purpose of litigating all such claims or disputes.

OTHER LEGAL MATTERS

LuxMotion Photography. 

You agree that LuxMotion is the sole and exclusive LuxMotion of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your rental review and you shall take no action to challenge or object to the validity of such rights or LuxMotion’s LuxMotionship or registration thereof. You hereby acknowledge that LuxMotion may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your rental review or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. At LuxMotion’s request, you will execute documents and take such further acts as LuxMotion may reasonably request to assist LuxMotion to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

LuxMotion Content and User Content License. 

Subject to your compliance with the provisions of these Terms, LuxMotion grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any LuxMotion content solely for your personal and non-commercial purposes and access and view any user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LuxMotion or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. 

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your vehicle(s) reviews, feedback, and descriptions of your trip. By making available any content on or through the Services, or through LuxMotion promotional campaigns, you hereby grant to LuxMotion a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Services. LuxMotion does not claim any rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright Protection. 

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, please contact us at luxmotionllc@gmail.com

Terms for Protection Plans. 

LuxMotion is not an insurance company and does not insure Renters. In the United States, LuxMotion makes protection plans available to Renters with respect to the rented vehicle. In addition to the terms set forth in the sections “Your Financial Responsibility is Primary” and “Other Insurance and Legal Matters”, protection plan details and other specifics can be found in our policies.

Termination. 

You may discontinue your use of the Services at any time, and LuxMotion may terminate your access to the Services at any time for any reason or no reason in its sole and absolute discretion. Termination of access to the Services will not release either party from any obligations incurred prior to the termination, and LuxMotion may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those provisions will survive any termination of this Agreement.

No Transfer or Assignment. 

Except as otherwise provided herein, each traveler and LuxMotion agrees that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in any vehicle shared through the LuxMotion Services.

Disclaimers. 

LUXMOTION PROVIDES SERVICES THAT ENABLE VEHICLE RENTALS TO TRAVELERS. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, LUXMOTION 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. LuxMotion makes no warranty that the Services, including, but not limited to, any listing and/or any vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. LuxMotion makes no warranty regarding the quality of any listings, vehicles, travelers, the Services, or any content 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 LuxMotion or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST LUXMOTION AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (THE “LUXMOTION PARTIES”) AND ANY LUXMOTION USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A VEHICLE NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU. NEITHER LUXMOTION NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES 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, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VEHICLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. Except for our obligations to pay amounts to applicable pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will LuxMotion’s or its  insurers’ aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of (i) in the case of travelers, the amounts you have paid or owe for bookings via the Services in the twelve (12) month period prior to the event giving rise to the liability, or in the case of LuxMotions, and (ii) US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LUXMOTION AND YOU. 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST LUXMOTION,  AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

Remote pickup and dropoff option: 

You may have the option to have Cycle Gear or one of our other partners facilitate a pickup or dropoff with a rider. If you choose to use this service, you agree to waive any and all rights you have to sue or make claims against Cycle Gear or any other partner for any damages or losses arising out of or in connection with your use of the services.

Indemnification. 

To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold LuxMotion and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or your violation of these Terms; (ii) your user content; (iii) your interaction with any Luxmotion officers, directors, employees, and agents, booking of a vehicle or (iv) the use, condition, or rental of a vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a vehicle.

Rounding off. 

LuxMotion may, in its sole discretion, round up or down amounts that are payableto LuxMotions to the nearest whole dollar.

No Agency. 

LuxMotion does not appoint you or any other user as its employee or legal agent, or form any kind of legal partnership or joint venture with you. You are not authorized to make any commitments on behalf of LuxMotion and LuxMotion will not make commitments on your behalf, except as contemplated by the Services or expressly stated in this Agreement.

General. 

This Agreement states the entire understanding between you and LuxMotion concerning your access to and use of the LuxMotion Services and supersedes any earlier verbal or written communications between us. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be invalid, void, or unenforceable for any reason, the remaining provisions will not be affected and will continue in full force and effect. A LuxMotion director or officer must agree to any modification or waiver of any term of this Agreement in writing in order for any such modification or waiver to be effective. LuxMotion’s failure to exercise any right under this Agreement will not constitute a waiver of any other right LuxMotion may have.

Headings are for reference purposes only and do not limit the scope or extent of any section herein. Except as otherwise provided in the Agreement, if any provision of these Terms are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

LuxMotion can be contacted at 1942 Broadway STE314C, Boulder CO, 80302. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.

Translations. Where LuxMotion has provided you with a translation of the English language version of these Terms, in case of any wording discrepancies between the English language version and any other version of the Terms, the English language version takes precedence.

ADDITIONAL TERMS FOR RENTERS

The following provisions also apply if you rent a vehicle using the Services:

Fees and fines. You are responsible for paying all fees when they come due.   You permit us to reserve or set aside against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges.  We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit upon the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer.  You will pay us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including:  (a) time and mileage for the period during that you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) tolls (“Tolls”) and Toll, parking, and traffic fees, fines, and penalties (“Violations”) assessed against us or the Vehicle; if we are required to pay the charging authority for Tolls or Violations, you will reimburse the amount that we pay, plus our administrative fee of up to $50 for each such Toll or Violation;  (g) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre‐ and post‐judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (k) a reasonable fee not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented; and (l) a fee of up to $350.00 if you lose the keys to the Vehicle; m) a fee of up to $650 if you use up (“burn”) more than 40% of the tire thread (measured at the most used up tire area) or if the tire exhibits significant abuse (e.g. uneven tire wear, bubles, blisters, punctures, bulges, cracks etc.) compared to rental beginning. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer

In addition, any violation of these terms may result in a fine of up to $750.

Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities incurred during the rental period, you acknowledge that you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal motorcycle insurance or insurance from credit cards, etc.) which can be the primary source of funds for your liabilities hereunder. Any protection plan you select when booking a vehicle, to the extent offered, will not be available to you until your personal insurance has been exhausted. In addition, the protection plan you select when booking a vehicle, if any, may not be available to you in the event you breach your obligations under these Terms or our Policies.  Subject to the coverage and protection available to you, you acknowledge and agree that you are fully responsible for any damage, losses, or other liabilities relating to your activities through LuxMotion during the rental period. You agree that in the event damage is reported, LuxMotion may immediately charge you up to the amount stipulated in the protection plan you selected when you booked the vehicle. Nothing in these Terms is intended to limit your responsibilities or LuxMotion’s legal rights in connection with your use of the Services. You acknowledge that LuxMotion may require and hold a deposit as part of the reservation of a vehicle. You acknowledge that LuxMotion may, in its sole discretion, require and hold a deposit as part of the reservation of a vehicle.

You understand and agree that LuxMotion, or third party insurance companies or producers, acting for the benefit of LuxMotion and/or the LuxMotion will arrange for or provide primary liability insurance for the LuxMotion and that you, as the renter, will not look to the LuxMotion or the LuxMotion’s insurance policy for coverage, in accordance with our Policies and all applicable vehicle sharing statutes. You are fully responsible for paying any damage to the vehicle, subject to the protection plan you selected, as well as deductibles, contribution, fees, expenses, liens, or fines arising out of your use of a vehicle booked through LuxMotion. If LuxMotion advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to LuxMotion’s schedule for repayment of those amounts to LuxMotion.

Use of the Vehicle. 

When you rent a vehicle from LuxMotion and through LuxMotion, you must use the vehicle only for your personal use and not for any commercial purposes unless you have express written permission from LuxMotion in advance. You may not access a vehicle until the beginning of your rental period and you must return the vehicle on time and in the correct location. You must present LuxMotion with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event LuxMotion has any concern about your use of a vehicle, LuxMotion may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of LuxMotion. You are required to comply with local, state, and federal laws with regards to wearing a helmet during the operation of the vehicle.  You must remove any keys from the motorcycle when not in use and take cautionary measures to prevent any damage or theft while not in use. You must supply your own equipment, helmet (D.O.T. or Snell-rated), boots, gloves, goggles, jacket, riding pants and comply with state regulation. You may make prior arrangements to borrow the LuxMotion’s safety equipment, but the LuxMotion is under no obligation to do so.  It is your responsibility to evaluate and determine if weather conditions permit the safe operation of the vehicle. The LuxMotion Policies provide a list of “Prohibited Uses” of any vehicle rented through the Services. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact luxmotionllc@gmail.com.  You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle and your protection plan may be voided. Renters also acknowledge that using a vehicle in a prohibited manner or otherwise breaching this Agreement may lower the renter’s liability coverage to legal minimum limits, or nullify coverage and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.

Daily Mileage Allowance. 

Every renter has 350 miles per day included in the purchase price. There will be a $0.50/mile charge for every additional mile driven. However, it will be possible to negotiate a flat rate per your written request.

Condition of the Vehicle. 

Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, LuxMotion, third party administrators, or insurance partners may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; in that event, please contact the LuxMotion team immediately at 1-719-629-7770.

Incident Reporting. 

You must immediately report any damage to the vehicle you are using to LuxMotion by calling 1-719-629-7770, and if there has been a collision, to the local police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide LuxMotion or third party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by LuxMotion, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of LuxMotion staff.

Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.

State Laws Regarding Rental Vehicle Theft. It is a felony (C.R.S. §18-4-402)to fail to return a rental vehicle within a certain period of time after the rental period has expired. The following conduct may result in the reporting of the vehicle you have rented as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your insurance coverage and/or protection plan:

If you fail to return the vehicle you have rented at the time and place agreed upon with the vehicle LuxMotion and/or designated in your reservation;

If you do not return the vehicle by the end of the rental period and you have not properly obtained an extension of the reservation through LuxMotion;

If you return the vehicle to any place other than the return location designated on the reservation or agreed upon with the LuxMotion; Any damage to, or loss or theft of, a vehicle occurring prior to the LuxMotion inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility;

If you misrepresent or withhold facts to or from the LuxMotion pertaining to your rental, use, or operation of the vehicle;

If the vehicle’s components are stolen or damaged or keys are not secured during the rental period;

If you fail or refuse to communicate in “good faith” with the LuxMotion, police, LuxMotion, or other authorities with a full report of any accident or vandalism involving the vehicle, or otherwise fail to cooperate in the investigation of any accident or vandalism; or

If the vehicle is operated by anyone (i) who has given a fictitious name, false address, or a false or invalid driver’s license; (ii) whose driver’s license becomes invalid during the rental period; (iii) who has obtained the keys without permission of the vehicle LuxMotion;  (iv) who doesn’t have a valid motorcycle endorsement; or (v) who misrepresents or withholds facts to/from the LuxMotion or LuxMotion material to the booking, use or operation of vehicle

The primary renter who books the reservation is responsible for any private investigation costs LuxMotion deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary renter if LuxMotion has to report a vehicle as stolen to law enforcement due to it not being returned.

Repossession. LuxMotion, a hired agent of LuxMotion may repossess any vehicle rented through the Services without demand, at the renter’s expense, if the vehicle (i) is not returned by the end of the reservation, (ii) is found illegally parked or apparently abandoned, or (iii) is used in violation of applicable law or these Terms.

Missing Vehicles. If a vehicle you have rented through the LuxMotion Services goes missing and/or is stolen during the rental period (or any extension period thereof), you, as the renter, must (i) immediately return the original ignition key to LuxMotion, if such key is still in your possession; (ii) file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and (iii) cooperate fully with LuxMotion, law enforcement,, and any other authorities in all matters related to the investigation.