These Terms of Service ("Terms of Service") constitute a legally binding agreement between you and Lucia Hospitality Group, Inc. ("Lucia," "we," or "us", "our") governing your access to and use of www.letslucia.com, including any content, functionality, and services offered on or through www.letslucia.com, mobile applications, and related services, information, and communications (collectively, the "Lucia Platform").
The Lucia Platform is offered and available to users who are 18 years of age or older. By using the Lucia Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Lucia Platform.
Changes to the Terms of Service
We may revise these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Lucia Platform thereafter. Your continued use of the Lucia Platform following the posting of a revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Lucia Platform and Account Security
We reserve the right to withdraw or amend the Lucia Platform, and any service or material we provide on the Lucia Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Lucia Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Lucia Platform, or the entire Lucia Platform, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Lucia Platform.
- Ensuring that all persons who access the Lucia Platform through your control are aware of these Terms of Service and comply with them.
If you choose, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Lucia Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name and password or any other breach of security. You also agree to ensure that you exit form your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
1. The Lucia Platform Connects Travel Companies and Co-Pilots
The Lucia Platform is a web- and app-based two-sided marketplace which enables Travel Companies to connect with travel industry contractors referred to as "Co-Pilots." "Travel Companies" are individuals and/or businesses seeking certain travel-related services ("Tasks") from Co-Pilots. "Co-Pilots" are individual contractors who engage in Tasks on behalf of Travel Companies.
The relationship between Co-Pilots and Travel Companies (collectively, "Users") is one of service provider and client, respectively, pursuant to a legally binding contract (the "Service Agreement"), which is formed when you and a User agree on the terms of a Task. The Terms of the Service Agreement include the terms set forth in this Section 1 and any other terms between Co-Pilot and Travel Companies to the extent such terms do not conflict with these Terms of Service. Service Agreements are limited to Co-Pilots and Travel Companies, and no other third-parties, and shall not under, under any circumstances create: (a) an employer-employee relationship as between Co-Pilots and Travel Companies; (b) an employer-employee or service provider-service recipient relationship as between Co-Pilots and Lucia. Travel Companies are required to pay Co-Pilots in full for Tasks as set out in the Lucia Platform. Users agree to comply with the Service Agreement and these Terms of Service in connection with the Task creation, performance, and completion process.
CO-PILOTS ARE INDEPENDENT CONTRACTORS OF TRAVEL COMPANIES AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF LUCIA. LUCIA DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. LUCIA EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY, WARRANTY, AND LIABILITY FOR TASKS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY THAT TASKS SHALL BE PERFORMED BY PERSONNEL OF REQUIRED SKILL, EXPERIENCE, AND QUALIFICATIONS, WARRANTY THAT SUCH TASKS SHALL COMPLY OR COMPLIANCE GENERALLY WITH APPLICABLE LAWS OR REGULATIONS, WARRANTY THAT SUCH TASKS SHALL CONFORM IN ALL RESPECTS WITH ANY SPECIFICATIONS SET OUT IN TASK REQUESTS, OR ANY WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
LUCIA IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES OR REPRESENTATIONS IN RESPECT OF THE TIMELINESS, RELIABILITY, SUITABILITY OR ACCURACY OF TASKS, COMMUNICATIONS, SERVICES, OR EXCHANGE OF DATA BETWEEN USERS ON THE LUCIA PLATFORM.
2. Billing & Payment
Travel Companies are responsible for payment of Tasks through the Lucia Platform. Lucia shall not be responsible or obligated to compensate Co-Pilots for the failure of Travel Companies to pay for Tasks. Annual or monthly subscription-based services are available to Travel Companies. Payment is automatically collected through the Lucia Platform and on behalf of individual users or Travel Companies based on standalone enterprise agreements. Users and Travel Companies must also remit payment to Co-Pilots on a per-task or ongoing basis, depending on the services requested. For individual tasks, Users/Travel Companies are charged at the beginning of each billing cycle or charged at the beginning of a task request. For ongoing tasks, billing is charged at the end of the services provided. Tasks that have been canceled by a Co-Pilot will result in an automatic refund if warranted. In the event a Co-Pilot declines a task, a user or Travel Company can either select another Co-Pilot or opt to cancel the task at no charge. If a user or Travel Company cancels the task, a refund may be remitted, minus associated taxes and fees, solely in the event the cancellation is approved by the associated Co-Pilot.
Prices for each task may change after acceptance in order to accommodate for work already performed. In this case, both the user/Travel Company and the Co-Pilot must agree to the change.
Users of the Lucia Platform may be liable for taxes or similar charges in connection with Tasks. You acknowledge and consent to Lucia issuing receipts or related documentation in connection with any requirement that we report or collect tax and/or financial information about you.
3. User Representations & Warranties
All Users represent and warrant that:
- You are 18 years of age or older;
- You have the authority and capacity to enter into, abide by, and perform your obligations under these Terms of Service;
- You will fulfill all obligations and other commitments you make with and to other Users on the Lucia Platform;
- You will communicate clearly and promptly and act professionally with other Users on the Lucia Platform.
- You will act in accordance with all applicable local, state, and federal laws and in good faith;
- When you enter into these Terms of Service on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms of Service.
- You will not and do not have any motivation or interest in using the Lucia Platform for any unlawful or immoral purpose.
- You have all requisite licenses, permits, registrations, and any other approvals required to engage in Tasks and shall further be responsible for identifying and complying with any required licenses, permit, registrations, and any other approvals.
- You will only agree to engage in Tasks for which you have the necessary skills, qualification, and expertise.
- You will complete tasks in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards.
- You have and shall maintain any and all insurance required to operate your business and engage in Tasks.
4. Web and Mobile App Updates & Upgrades
We may update the content on the Lucia website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Lucia website may be out of date at any given time, and we are under no obligation to update such material.
By installing the Lucia mobile app ("Mobile App"), you consent to the installation of the Mobile App and any upgrades released by Lucia from time-to-time. The Mobile App may collect personal information. You may uninstall the Mobile App at any time.
5. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Lucia Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE LUCIA PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LUCIA PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE LUCIA PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LUCIA PLATFORM IS AT YOUR OWN RISK. THE LUCIA PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LUCIA PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LUCIA NOR ANY PERSON ASSOCIATED WITH LUCIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE LUCIA PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER LUCIA NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE LUCIA PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LUCIA PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE LUCIA PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE LUCIA PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LUCIA PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Lucia, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your: (a) violation of these Terms of Service or your use of the Lucia Platform, including, but not limited to, its content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Lucia Platform; (b) your violation of any law or the rights of any User or third party; and (c) participation in Tasks, including your performance, receipt of performance, payment, or receipt of payment for Tasks.
7. No Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LUCIA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE LUCIA PLATFORM, ANY TASKS CREATED BY IT, WEBSITES LINKED TO IT, ANY CONTENT ON THE LUCIA PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
8. Prohibited Uses
You may use the Lucia Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Lucia Platform:
- in any way that violates any applicable federal, state, local, law or regulation;
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
- to impersonate or attempt to impersonate the Lucia, a Lucia employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and
- to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Lucia Platform, or which, as determined by us, may harm Lucia or Users, or expose them to liability.
- use the Lucia Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Lucia Platform, including their ability to engage in real time activities through the Lucia Platform;
- use any robot, spider, or other automatic device, process, or means to access the Lucia Platform for any purpose, including monitoring or copying any of the material on the Lucia Platform;
- use any manual process to monitor or copy any of the material on the Lucia Platform, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent;
- use any device, software, or routine that interferes with the proper working of the Lucia Platform;
- introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Lucia Platform, the server on which the Lucia Platform is stored, or any server, computer, or database connected to the Lucia Platform;
- attack the Lucia Platform via a denial-of-service attack or distributed denial-of-service attack; and
- otherwise attempt to interfere with the proper working of the Lucia Platform.
9. Reliance on Information Posted
The information presented on or through the Lucia Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Lucia Platform, or by anyone who may be informed of any of its contents.
The Lucia Platform may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
10. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
11. Links from the Website
If the Lucia Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility from them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Lucia Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12. Intellectual Property Rights
The Lucia Platform and its entire contents, features, designs, and functionality (including but not limited to all websites, mobile apps, information, trademarks, logos, HTML, look and feel, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Lucia, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Lucia Platform, except as follows:
No right, title, or interest in or to the Lucia Platform is transferred to you, and all rights not expressly granted are reserved by Lucia. Any use of the Lucia Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
13. Confidentiality and Non-Disclosure Agreement (NDA)
User agrees to maintain complete confidentiality and non-disclosure of Lucia trade secrets and business practices at all times, except for cases previously approved in writing by Lucia or required by law or court order. User agrees not to solicit or hire Lucia employees at any time. Users of the platform, both clients and contractors, acknowledge and agree that they may come into contact with confidential information about each other's projects, business strategies, intellectual property, or other sensitive data during their interactions on the platform. Users are bound by a strict duty of confidentiality and agree not to disclose, share, or use this confidential information for any purpose other than fulfilling the specific project for which it was shared. This obligation extends beyond the termination of the project or the use of the platform and will survive this agreement and be perpetual.
14. Competition & Solicitation
Users of the platform, including clients and contractors, agree not to directly or indirectly solicit, hire, or engage with other users found on the platform for the purpose of providing or procuring services, outside the platform, without the platform's explicit consent. This non-solicitation clause is in effect during the user's active engagement on the platform and for a reasonable period after the last engagement. Users shall not undermine the marketplace's business relationships by circumventing the platform to engage in direct business relationships with other users they were introduced to through the platform.
Lucia (“we,” “us,” “our”) is committed to the protection of your privacy.
This policy describes the types of information we may collect from you or that you may provide when you visit our website at www.letslucia.com and related subdomains (the "Website"), mobile applications, and related services (collectively, the “Lucia Platform”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect on the Lucia Platform, unless stated otherwise, regardless of the medium in which it is accessed (e.g., web browser or mobile browser).
This policy does not apply to information you provide to or that is collected by any third party, including through any applications or content that may link to or be accessible from the Lucia Platform.
Children Under the Age of 18
The Lucia Platform is not intended for children under 18 years of age. No one under age 18 may provide any information on the Lucia Platform. If you are under 18, do not use or provide any information on the Lucia Platform. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under the age of 18, please contact us at firstname.lastname@example.org.
Information We Collect About You
We may collect different types of information from you when you use or navigate the Lucia Platform:
Personal Information: When you use and navigate the Lucia Platform, we may collect personally identifiable information, such as your name, mailing address, email address, telephone number, entity association, payment information (stored for future payments), and other information that may be used to identify you or contact you (collectively, “Personal Information”) from you only when you provide such Personal Information to us voluntarily.
Usage Information: When you use and navigate the Lucia Platform, we may collect additional information from you that may not by itself reasonably identify you as the source (collectively, “Usage Information”). Usage information may include information regarding your internet connection, your computer, your IP address, the type of browser you are using, etc.
How We Collect Information
We collect information:
Directly From You. We collect Personal Information from you when you fill out forms on the Lucia Platform or Contact Us via email. We may also ask you for information when you report a problem with the Lucia Platform.
Through Your Use of the Lucia Platform. As you navigate through and interact with the Lucia Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to the Lucia Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Lucia Platform. Please note, none of this data is specific to you and cannot identify you.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is only statistical data and does not include Personal Information. It helps us to improve the Lucia Platform and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns
- Store information about your preferences, allowing us to customize the Lucia Platform according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the Lucia Platform.
How We Use Your Information
We use information that we collect about you or that you provide to us, including Personal Information:
- To provide the Lucia Platform and its contents to you.
- To provide you with information, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- To notify you about changes to the Lucia Platform.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
How We Disclose Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business, who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lucia assets, whether as a going concern or part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Lucia about the Lucia Platform users is among the assets transferred.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Lucia, our customers, or others.
We do not control third parties' collection or use of your information to serve interest-based advertising.
Lucia will not sell or disclose Personal Information about you to unaffiliated third parties unless Lucia (i) has reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights of Lucia or persons or property that could be harmed by such activities, or (ii) believes in good faith that the law requires such disclosure.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties’ collection or use of your information to service internet-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Security of Personal Information
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Lucia Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of the Personal Information transmitted through the Lucia Platform. We will notify you, as required by law, if we discover a security breach involving your Personal Information (as defined by the applicable state and federal laws) processed by us.
Lucia cannot be responsible for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties, and encourages you to exercise prudence in selecting the information you send via the Internet, including via email.
Individuals in the European Economic Area
Under the European Union’s (“EU”) General Data Protection Regulation (“GDPR”), individuals in the European Economic Area have additional privacy rights:
- Right to Be Informed. Individuals have the right to transparency regarding our collection of personal data.
- Right of Access. Individuals have the right to know exactly what information is held about them and how it is processed.
- Right of Rectification. Individuals will be entitled to have personal data rectified if it is inaccurate or incomplete.
- Right to Erasure. Also known as the “right to be forgotten,” this refers to an individual’s right to having their personal data deleted or removed without the need for a specific reason as to why they wish to discontinue.
- Right to Restrict Processing. An individual’s right to block or suppress processing of their personal data.
- Right to Data Portability. This allows individuals to retain and reuse their personal data for their own purpose.
- Right to Object. In certain circumstances, individuals are entitled to object to their personal data being used.
- Rights regarding Automated Decision-Making and Profiling. The GDPR has put in place safeguards to protect individuals against the risk that a potentially damaging decision is made without human intervention.
To exercise the above rights, please contact us at the information provided below. We will consider and process your request within a reasonable period of time. Please be aware, under certain circumstances, the GDPR will limit your exercise of these rights.
58 Arbor Field Way
Lake Grove, NY 11755
16. Governing Law and Jurisdiction
All matters relating to the Lucia Platform and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Lucia Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Dispute Resolution
At Lucia's sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Lucia Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination. If there is an unresolvable dispute between parties, they will first attempt to Mediate and subsequently resort to Arbitration if a resolution can not be found. Arbitration will be final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
18. Waiver and Severability
No waiver by Lucia of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lucia to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
19. Limitation of Remedies and Damages
LUCIA SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, PROFITS, BUSINESS INTERRUPTION, DOWNTIME, OR COST OF COVER, DAMAGES ARISING FROM LOSS OF USE OF ANY SOFTWARE OR HARDWARE, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST DATA WHETHER FORESEEABLE OR NOT, AND WHETHER ARISING IN CONTRACT, TORT, OR NEGLIGENCE, EVEN IF A REPRESENTATIVE OF GIFTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE AN ESSENTIAL PART OF THE CONSIDERATION UNDER THE TERMS OF THIS AGREEMENT, AND SHALL TAKE EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.
20. Entire Agreement
21. Your Comments and Concerns
The Lucia Platform is operated by Lucia Hospitality Group, Inc., 58 Arbor Field Way, Lake Grove, NY 11755.
All notices of copyright infringement claims should be sent to email@example.com.
All other feedback, comments, requests for technical support, and other communications relating to the Lucia Platform should be directed to: firstname.lastname@example.org.
22. Acknowledgement and Consent