PURPOSE

These Website Terms of Service govern access to and use of this website and related online services (“Website”), made available by Luxx Auto Spa, LLC. and its subsidiaries and affiliates doing business as Luxx Auto Spa (“Luxx Auto Spa,” “Luxx,” “we,” “us,” or “our”).

SCOPE

These Terms apply to anyone accessing or using the Website and related online services.

OVERVIEW

By using the Website, you agree that you have read and understand these Terms and our Luxx Auto Spa Privacy Notice. If you do not agree with these Terms or our Privacy Notice, do not access or use the Website. We may modify these terms at any time. All changes will be effective immediately upon posting to the Website. Material changes will be conspicuously posted on the Website or otherwise communicated to you. By using the Website after changes are posted, you agree to those changes.

These Terms contain an arbitration agreement, class action waiver, and jury trial waiver. BY AGREEING TO THESE TERMS, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE SECTION TITLED “ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY AND WAIVER OF CLASS ACTION” TO RESOLVE ANY DISPUTES REGARDING YOUR USE OF THE WEBSITE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

TERMS

Privacy Notice

We collect certain data when you use the Website. We will treat such data as described in our Luxx Auto Spa Privacy Notice, which is incorporated into these Terms. Our Privacy Notice describes our data collection, use, and sharing practices.

License; Term

Provided you comply with these Terms, Luxx grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Website solely for your own internal purposes as permitted by these Terms. These Terms begin upon your first access to or use of the Website and will continue in effect until terminated in accordance with these Terms.

Intellectual Property Rights

The “Website” includes all text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content. The Website is exclusively the property of Luxx Auto Spa or its licensors. The Website is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Website or related intellectual property belonging to Luxx Auto Spa or any third party is strictly prohibited. The Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

Product and Service Availability

All offers on the Website are void where prohibited by law. Advertised prices and services may change at any time without notice to you. Some products and services may not be available in certain areas. The data contained on the Website may contain technical inaccuracies or typographical errors or omissions. All purchases placed through the Website are subject to these Terms.

Purchases

The Website may allow you to make purchases from Luxx Auto Spa for car wash services. Any such purchases are subject to the Luxx Auto Spa Online Single Wash Purchase Terms and Conditions. Subscriptions for a Mini Detail membership plan are subject to the Mini Detail Membership Plan Terms.

Compliance with Law; Termination by Luxx Auto Spa

You agree to use the Website and your Account in accordance with all applicable laws, rules, and regulations. We may cancel your Account if you violate applicable law, rules, or regulations, or these Terms. To the maximum extent permitted by applicable law, Luxx Auto Spa may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your Account and use of the Website, without notice or liability. If we refuse, suspend, deactivate, or terminate your Account, you may not create another Account without our prior written permission. We may, at our discretion, suspend, deactivate, or terminate your Account to protect you or Luxx Auto Spa from identity theft or other fraudulent activity. Except as required by applicable law, Luxx Auto Spa is not obligated to you for any such refusals, suspensions, deactivations, or terminations.

Restrictions on Your Use of the Website

You agree not to use the Website in any way except as expressly permitted by these Terms. You agree to use the Website in accordance with all applicable laws, rules, and regulations. You warrant that all data you provide to us in connection with your access to and use of the Website and any purchases is true, accurate, and complete. You will not copy, reproduce, modify, reverse-engineer, decompile, disassemble, alter, or otherwise tamper with any software (including source code), databases, and other technology of the Website or any portion of the Website (or authorize, encourage, or assist any other person to do so). You will not access, use, or copy any portion of the Website, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You will not post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Website or any computers, hardware, software, system, data, or networks. You will not engage in activities designed to render the Website inoperable or to make its use more difficult, or to adversely impact the business interests or reputation of the Luxx Parties, as defined below. You will not use the Website in a way which infringes or violates the intellectual property rights of any third party or restricts or inhibits anyone else’s use or enjoyment of the Website. You will not attempt to penetrate, circumvent, or overcome any security measures or technological protection measures intended to restrict access to any portion of the Website or its content.

Third-Party Websites

The Website may be accessed by websites and other technology infrastructure not maintained or controlled by Luxx Auto Spa. Luxx Auto Spa is not responsible for any such third-party websites or technology outside of its control.

Linking to the Website

If you operate a website and are interested in linking to the Website: (a) the link must be a text-only link and clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Luxx Auto Spa’s names and trademarks; (d) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Luxx Auto Spa; and (e) the link, when activated by a user, must display the Website full-screen and not within a frame. Luxx Auto Spa reserves the right to revoke consent to link to the Website at any time in its sole discretion, either by amending these Terms or through other notice.

No Warranty

THE WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. NEITHER LUXX AUTO SPA NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE WEBSITE. LUXX AUTO SPA DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE WEBSITE. LUXX AUTO SPA DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. LUXX AUTO SPA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUXX AUTO SPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. LUXX AUTO SPA HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM LUXX AUTO SPA OR IN ANY MANNER FROM THE WEBSITE CREATES ANY WARRANTY.

WE MAKE NO REPRESENTATION THAT THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE WEBSITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN INITIATIVE AND RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LUXX AUTO SPA, ITS AFFILIATES, SUPPLIERS, OR LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “LUXX PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR ACCESS TO OR USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE WEBSITE), WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT LUXX AUTO SPA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE LUXX PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR ACCESS TO OR USE OF THE WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You will indemnify, defend, and hold harmless the Luxx Parties from and against all claims, damages, losses, costs, or expenses (including without limitation reasonable attorneys’ fees and court costs) that arise directly or indirectly out of or from (a) your breach of these Terms, (b) your use of and activities in connection with the Website, and (c) your account and any use thereof by your employees or agents.

Third-Party Disputes

Luxx Auto Spa is not affiliated with any third-party service or content providers (“Third Parties”) referenced or linked on the Website and is not responsible for any of their acts or omissions. We are not responsible for disputes or damages that may arise between users and any Third Party. You assume all risks associated with dealing with Third Parties.

Disputes; Choice of Law

These Terms are governed by the laws of the State of Florida, without regard to its conflicts of law principles. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms.

Arbitration Agreement; Waiver of Trial by Jury and Waiver of Class Action

If you are dissatisfied with the Website, if you do not agree with any part of these Terms, or if you have any other dispute or claim with or against Luxx Auto Spa with respect to these Terms or the Website, your sole and exclusive remedy is to discontinue using the Website.

ARBITRATION AGREEMENT: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LUXX AUTO SPA AGREE TO ARBITRATE ALL DISPUTES BETWEEN YOU AND LUXX AUTO SPA, EXCEPT DISPUTES RELATING TO THE ENFORCEMENT OF LUXX AUTO SPA’S OR ITS LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. “Dispute” includes any dispute, action, claim, or other controversy between you and us concerning the Website or these Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis.

YOU AND LUXX AUTO SPA AGREE TO GIVE UP THE RIGHT TO LITIGATE DISPUTES IN COURT, EXCEPT AS OTHERWISE PROVIDED HEREIN. YOU AND LUXX AUTO SPA ALSO AGREE TO GIVE UP THE RIGHT TO A JURY TRIAL. YOU AND LUXX AUTO SPA AGREE THAT YOU WILL NOT ASSERT ANY CLAIMS AGAINST THE OTHER PARTY IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AND LUXX AUTO SPA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The foregoing will not prevent us from seeking injunctive or other equitable relief in connection with the enforcement of our intellectual property rights and will not prevent you from seeking relief in a small claims court for disputes or claims within the scope of its jurisdiction.

Miscellaneous

These Terms, together with the Luxx Auto Spa Privacy Notice, set forth the entire agreement between you and Luxx Auto Spa regarding the subject matter hereof and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Luxx Auto Spa regarding the subject matter hereof. Luxx Auto Spa’s failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.

These Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you will be null and void.

Contact Us

If you have any questions about these Terms, please contact us at:
Phone: (813) 376-2026
Email: support@luxxautospa.com
Mail: Luxx Auto Spa, LLC., 3730 Midtown Dr. Tampa, FL 33607