Terms of Service

01Acceptance of these terms

Welcome to Lux Markets. This website (the “Site”) is operated by Lux Markets LLC (“Lux Markets,” “we,” “us,” or “our”). The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices set out here (the “Terms”). By accessing or using the Site, you agree to all of these Terms. Please read them carefully and keep a copy for your reference.

Lux Markets is an e-commerce platform dedicated to helping small businesses and brands discover, book, and schedule booths at local pop-up markets — including markets hosted inside apartment buildings.

02Privacy

Your use of the Site is subject to the Lux Markets Privacy Policy, which also governs the Site and explains how we collect and use your information. Please review it so you understand our data practices.

03Electronic communications

Visiting the Site or sending emails to Lux Markets constitutes electronic communication. You consent to receive communications from us electronically — by email or through notices posted on the Site — and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

04Your account

If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that Lux Markets is not responsible for third-party access to your account that results from theft or misappropriation of your credentials. Lux Markets and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

05Children under thirteen

Lux Markets does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with the involvement and permission of a parent or guardian.

06Bookings, cancellations, and refunds

You may cancel your monthly subscription at any time. You may cancel a booth reservation up to 48 hours before the start time of the booked market and receive a full refund for the cost of the booth. Cancellations made less than 48 hours before the market start time do not qualify for a refund. If you have any questions, please contact us at support@luxmarkets.org.

07Links to third-party sites and services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Lux Markets, and we are not responsible for their contents, including any links they contain or any changes or updates to them. We provide these links only as a convenience, and their inclusion does not imply that Lux Markets endorses the site or is associated with its operators.

Certain services made available through the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Site, you acknowledge and consent that Lux Markets may share related information and data with any third party with whom we have a contractual relationship in order to provide the requested product, service, or functionality on behalf of our users and customers.

08Google Maps services

Some location features use Google Maps Platform, including Google Places content and photography. Your use of those features is also subject to the Google Terms of Service, the Google Maps and Google Earth Additional Terms of Service, and the Google Privacy Policy.

09Acceptable use and intellectual property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use, you warrant to Lux Markets that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any way that could damage, disable, overburden, or impair it, or interfere with any other party’s use and enjoyment of it. You may not attempt to obtain any materials or information through any means not intentionally made available through the Site.

All content that is part of the service — including text, graphics, logos, images, and the compilation thereof, as well as any software used on the Site — is the property of Lux Markets or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or restrictions contained in such content, and you will not make any changes to it.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. Lux Markets content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of protected content, and you will not delete or alter any proprietary rights or attribution notices. You may use protected content solely for your personal use and will make no other use of it without the express written permission of Lux Markets and the relevant copyright owner. You do not acquire any ownership rights in any protected content. Except as expressly authorized by these Terms, we grant you no licenses, express or implied, to the intellectual property of Lux Markets or our licensors.

10Third-party accounts

You may be able to connect your Lux Markets account to third-party accounts. By doing so, you acknowledge and agree that you are consenting to the continuous release of information about you to those third parties, in accordance with your privacy settings on their services. If you do not want information about you to be shared in this way, do not use this feature.

11International users

The service is controlled, operated, and administered by Lux Markets from our offices within the United States. If you access the service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use any Lux Markets content accessed through the Site in any country or in any manner prohibited by applicable laws, restrictions, or regulations.

12Indemnification

You agree to indemnify, defend, and hold harmless Lux Markets, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any postings you make, your violation of any of these Terms, your violation of the rights of a third party, or your violation of any applicable laws, rules, or regulations. Lux Markets reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

13Arbitration

If the parties are unable to resolve any dispute arising out of or concerning these Terms — whether in contract, tort, or otherwise, at law or in equity — then the dispute will be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association (or a similar arbitration service selected by the parties) in a location mutually agreed upon by the parties. The arbitrator’s award will be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party will be entitled to recover its costs and reasonable attorneys’ fees. The parties agree to arbitrate all disputes and claims arising out of or relating to these Terms, whether direct or indirect, including tort claims. The Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, will be determined by the arbitrator. This provision survives the termination of these Terms.

14Class action waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class, representative, or collective actions are not permitted. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION. Unless both you and Lux Markets agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.

15Liability disclaimer

16Termination and access restriction

Lux Markets reserves the right, in its sole discretion, to terminate your access to the Site and related services, or any portion of them, at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, and you consent to the exclusive jurisdiction and venue of the courts located in Texas for all disputes arising out of or relating to your use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lux Markets as a result of this agreement or your use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing in this agreement limits our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site or to information provided to or gathered by us. If any part of this agreement is found to be invalid or unenforceable under applicable law — including the warranty disclaimers and liability limitations above — the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original, and the remainder of the agreement will continue in effect.

Unless otherwise specified here, this agreement constitutes the entire agreement between you and Lux Markets with respect to the Site and supersedes all prior or contemporaneous communications and proposals — whether electronic, oral, or written — between you and Lux Markets with respect to the Site. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

17Changes to these terms

Lux Markets reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. We encourage you to review the Terms periodically to stay informed of any updates.

18Contact us

Lux Markets welcomes your questions or comments about these Terms.