Terms and conditions of use

 

Welcome to the LUX CAPITAL, LLC platform

 

Before making use of the SERVICES offered by LUX CAPITAL, LLC, the USER agrees to read this TERM carefully, ensuring that it is fully understood. By indicating the option "I have read and accept" at the end, the USER agrees to the provisions of this TERM, accepting it and binding himself/herself to it.

 

LUX CAPITAL, LLC, located at 1603 Capitol Avenue, Ste 219 - Cheyenne, WY 82001, United States, is the owner of all rights to the Platform through which services will be provided in the area of technology, arbitration and trade in digital assets, hosted under the domain https://app.lux.capital with access via internet browser or application via download.

 

It is forbidden to use the services offered by LUX CAPITAL, LLC to those who have fiscal domicile in the following countries: Syria, North Korea, Iran, Iraq and China, and other restrictions may be included without prior notice. Likewise, it is prohibited to use the platform by persons under 18 years of age

 

1. ACCEPT

 

1.1 By accepting this TERM, the USER agrees that it may undergo alterations over time, and that it is the USER's responsibility to check it periodically, principally before using the SERVICES, and also agrees to the PRIVACY POLICY. If LUX CAPITAL, LLC informs the USER of significant changes made to the TERM, it will do so at its own discretion.

 

1.2 If the USER has any objection to any provision of this TERM, including after its acceptance, the USER must immediately cease use of the Platform and its SERVICES.

 

1.3 To use the SERVICES available on the LUX CAPITAL, LLC platform, the USER must have knowledge of the technological and digital assets market, considering the inherent risk. The value of digital assets may vary in time and place and the USER is aware of this circumstance, accepting it at his own risk, in a conscious and informed manner.

 

1.3.1 By accepting the present TERM, the USER is aware that digital assets are highly volatile in relation to their price, with the possibility of losses.

 

2. THE LUX CAPITAL PLATFORM, LLC.

 

2.1 To use the functionalities of the Platform of LUX CAPITAL, LLC, the USER must register and, if the USER is an individual, he/she must be of legal age in the country of his/her fiscal domicile and have completed 18 years of age, or in the case of a legal entity, it must be done by a duly constituted legal representative. The USER must accept the TERMS and our Privacy Policy.

 

2.1.1 If LUX CAPITAL, LLC verifies any irregularity with the registration of the USER, it may, at its discretion and at any time, block the USER until all irregularities have been corrected.

 

2.1.2 The registration is available for the countries in which LUX CAPITAL, LLC provides its services and may, at any time, change the conditions of eligibility of the USER.

 

2.1.3 Residents of the Syria, North Korea, Iran, Iraq and China may not use LUX CAPITAL, LLC's services.

 

2.1.4 LUX CAPITAL, LLC, reserves the right to change item 2.1.3, without the need for communication/information to any USER, except those whose tax domicile is one of the countries listed.

 

2.2 Registration will be made by filling out the online form available on the registration page of the platform, informing the following data: full name if an individual or, business name if a legal entity, date of birth of the individual, country of tax domicile, e-mail and a password.

 

2.3 After the registration is effective, the USER will possess an Access Account on the platform and will be ENABLE to use the available SERVICES. To be ENABLE, the USER must supply the following additional information and digital copies of the documents:

 

2.3.1. Individual: Additional contact information, ID with photo or equivalent document, proof of address, selfie with the ID provided and sheet with the following text: "LUX CAPITAL, LLC" informing the date.

 

2.3.2. legal entity: additional contact information, ID with photo or equivalent document of the legal representative, proof of address of the company's headquarters, articles of incorporation, selfie with ID provided and sheet with the following text: "LUX CAPITAL, LLC", informing the date.

 

2.4 The USERS will be in the PENDING situation until the effective validation and verification of authenticity of the documents sent, and may be required to resend or supplement in case of missing or illegible information.

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2.5 To complete the registration, the USER must inform true data, which will be his/her exclusive responsibility. LUX CAPITAL, LLC is not responsible for false data entered in the registration form.

 

2.6 The provision of false information or the improper use of third party data in one's own name constitutes a crime. In any of these cases, LUX CAPITAL, LLC may suspend or definitively cancel the USER's access to all the services and functionalities of the platform, without prejudice to the other measures that may be taken.

 

2.7 LUX CAPITAL, LLC may, at its sole discretion, request additional documents and information to confirm or maintain the status of an ENABLE USER. If LUX CAPITAL, LLC decides to exercise this faculty in relation to any USER, the Access Account may be suspended or definitively cancelled if the USER refuses to provide the additional information or send the required documents.

 

2.8 Each USER may maintain only one single Access Account on the platform. If more than one account is found to exist for the same individual or legal entity, one or all of these accounts may be suspended or cancelled at the discretion of LUX CAPITAL, LLC

 

2.9 LUX CAPITAL, LLC reserves the right to refuse any registration request, as well as to suspend or cancel an access account in cases of:

 

(I) of violation of any of the provisions of these Terms of Use,

 

(II) impossibility of verifying the identity of the USER or verification of falsity in any of the information provided by him/her,

 

(III) the USER committing fraudulent or malicious acts or the adoption of any behavior which, at the discretion of LUX CAPITAL, LLC, is incompatible with the objectives of the Platform, with urbanity with other USERS or which may, in any way, cause damage to third parties or to the platform itself.

 

2.10 LUX CAPITAL, LLC may alter the eligibility criteria for access to and use of the Platform at any time, without having to make any type of communication or prior notice to the USERS.

 

2.11 LUX CAPITAL, LLC will keep the Personal Data, through its automated system, for the uses and purposes defined in its PRIVACY POLICY, accessible via the link found on the Platform. By accessing the Platform, the USER accepts any change in the Privacy Policy and agrees to the treatment of his/her Personal Data.

 

2.12 LUX CAPITAL, LLC owns all rights to the Platform and may update it whenever it wishes or is necessary, as well as cease to make it available or even discontinue it over time.

 

2.13 In case of discontinuation of the Platform, LUX CAPITAL, LLC will inform the USERS in advance.

 

2.14 Any and all quantities of digital assets transferred to LUX CAPITAL, LLC may be redeemed at any time, observing the deadlines and prerogatives of each type of custody.

 

3. USERS' RESPONSIBILITIES AND OBLIGATIONS

 

3.1. The USERS are responsible and obliged to

 

3.1.1. use the Platform correctly and ethically, respecting the conditions governing its use and purpose.

 

3.1.2. provide correct, complete and updated registration data, in addition to informing a contact channel to be activated by the company for the best fulfillment of services. If at any time it is found that the USER has provided false data or data that is not consistent with reality, LUX CAPITAL, LLC reserves the right to suspend or cancel its Access Account, without prejudice to adopting the measures it deems appropriate.

 

3.1.3. have compatible devices and equipment, Internet connection service with antivirus and firewall enabled and software properly updated

 

3.1.4. maintain the confidentiality of your Access Account data in relation to third parties and use it in an individual and non-transferable manner, not making available, disclosing or sharing your password or any authentication mechanism with anyone under penalty of having to bear the losses resulting from any misuse of information and resources contained in the Access Account.

 

3.2 The USER is not allowed to register his/her password in third party applications for the purpose of performing automatic consultations in his/her Platform Access Account. In case the USER suspects that the secrecy of his/her password has been compromised, the USER must change it as soon as possible and contact the service channels available on the Platform.

 

3.3 Adopt a strong password. Do not use obvious sequences of numbers or those which are easy to deduce. In addition, the USER must not reuse its password in applications, portals and sites of third parties.

 

3.4 Adopt measures in their technological devices to prevent physical or logical access by unauthorized third parties, such as the use of password and/or biometrics.

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3.5 Recognize that all accesses and operations carried out after their successful digital authentication are interpreted as being their responsibility in an indisputable way, including those derived from misuse or disclosure to third parties.

 

3.6 Leave their anti-spam systems, similar filters or message redirection configurations adjusted so as not to interfere in the receipt of notices and materials from the Platform, no excuse being acceptable if they have not had access to any e-mail or electronic message due to the aforementioned resources.

 

3.7 Respect all intellectual property rights owned by LUX CAPITAL, LLC, including all rights relating to third parties that may be, or have been, in some way available there. Similarly, the USERS may only reproduce the content available on the Platform, especially its brands and the layout of the environment, if they have been expressly authorized by the company to do so.

 

3.8 Do not access the programming areas of the Platform, its database, source codes or any other set of data available in these environments.

 

3.9 Not to perform or allow reverse engineering, not to translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disclose, transmit, lend, distribute or otherwise inappropriately dispose of the Platform's functionalities.

 

3.10 Do not use spider software or data mining software of any kind or type, as well as any other software not mentioned herein that acts in a similar manner.

 

3.11 The functionalities that make up the Platform are offered for the use of the services provided, not conferring the USER any rights over the software used by LUX CAPITAL, LLC or over its computer structures that support the Platform.

 

3.12 The eventual removal, blocking or suspension of any content or functionality of the Platform as a result of any complaint must always be understood as a demonstration of good faith and the intention of an amicable solution to conflicts, never as recognition of guilt or of any infringement by LUX CAPITAL, LLC of a third party's right.

 

3.13 In the incidence of damages to LUX CAPITAL, LLC or third parties, the party responsible undertakes to bear all the obligations of indemnifying the injured party, including those originating from acts practiced through its Access Account, assuming the passive pole of a lawsuit or administrative procedure and requesting the exclusion of LUX CAPITAL, LLC, and must pay all the expenses and procedural costs involved, leaving it free of losses and burdens.

 

3.14 Failure to comply with any of the obligations stipulated herein may result in the total or partial suspension of the functionalities, or exclusion from the Access Account, without prior notice, as provided in this Term.

 

3.15 The USERS acknowledge that the LUX CAPITAL, LLC platform only holds in custody digital assets consisting of a STABLE COIN determined according to the user's country and that any other digital assets transferred to it, by the means it allows, will be immediately converted to the STABLE COIN determined, at the exchange rate at the time of receipt.

 

3.15.1 It is hereby established that the custodian will determine the STABLE COIN used according to the country of each user.

 

3.15.2 The USERS further understand that the STABLE COINS held in custody by LUX CAPITAL, LLC are not securities issued or sanctioned by a government, central authority, monetary authority or financial institutions.

 

3.16 The USERS will proceed in accordance with the ethical and legal precepts provided for in the legislation on Money Laundering, Currency Evasion and Anti-Terrorism.

 

3.16.1 The USER who disregards the above and comes to be held responsible by the authorities, will alone bear the penalties resulting from the act committed.

 

4. OF THE MODALITIES OF CUSTODY

 

4.1 The USERS of the LUX CAPITAL, LLC platform will have several types of custody available for contracting. The LCContracts, as they are called, will be available with different durations, and acceptance of the chosen option will take place when hiring each LCContract.

 

4.1.1 Each USER may have innumerable LCContracts, there being no limitation to the number of such contracts, and each one of them will have distinct terms, conditions and custody modalities.

 

4.1.2 The modalities of the LCContracts will be made available by the Platform and may, at any time, no longer be available for new contracts.

 

4.1.3 The discontinued arrangements will not affect LCContracts currently in effect.

 

4.1.4 In the OPEN LCContracts, USERS may only withdraw the quantity of digital assets held in custody by LUX CAPITAL, LLC at the end of their term.

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4.1.5 The increased volume of digital assets will be allocated daily in the USER's account history, being blocked until the next CREDIT DAY.

 

4.1.6 The USER's CREDIT DAY is attributed to him/her at the moment of the activation of his/her access account.

 

4.1.7 The withdrawal is released on the first business day subsequent to the CREDIT DAY, and the USER may withdraw his/her volume of digital assets at any time.

 

4.1.8 The USER will be allowed to effect 01 (one) monthly withdrawal on the Platform with exemption of any type of fee. For each excess withdrawal a 3% (three percent) fee will be charged on the volume of digital assets requested.

 

4.2 For LCContracts in the CLOSED mode, USERS may only withdraw both the quantity of digital assets held in custody by LUX CAPITAL, LLC, and the increase in volume obtained, at the end of their term.

 

4.2.1 The increased volume of digital assets will be allocated daily in the USER's account history, but will remain blocked until the end of the LCContract term.

 

4.2.2 At the end of the LCContract, the total volume of digital assets in custody with LUX CAPITAL, LLC will be available to the USER to request withdrawal at any time, as defined in this TERM.

 

4.3 LUX CAPITAL, LLC may at its discretion, regardless of prior notice, terminate any active LCContract that the USER holds, subject to the practices established in each contract.

 

4.3.1 If the aforementioned termination occurs, the total digital assets of the USER will be available for withdrawal on the USER's platform, within the deadlines contained in this TERM.

 

5. USE OF THE LUX CAPITAL PLATFORM, LLC

 

5.1. The USER is aware that LUX CAPITAL, LLC operates in the development of technology, arbitrage and trade of digital assets, whose operation is of inherent risk to the services and that there is no way to guarantee any type of increase in volume of assets of the USER, however, presents statistics of past variation in the platform for the purposes of mere information of the USER. 5.2.

 

5.2 Once the registration has been validated and the USER is in the QUALIFIED condition, the USER is able to contract the LCContracts available on the platform.

 

5.2.1 After choosing the custody modality, the USER must accept the terms of the LCContract in order to validate the SERVICES to be provided and transfer the minimum amount as specified in each custody modality.

 

5.2.2 The LCContract chosen by the USER will be activated within two business days (D+2) after the transfer of digital assets to LUX CAPITAL, LLC's digital wallet. After activation of the LCContract, the USER will be in the condition of ACTIVE.

 

5.2.3 This transfer can be made from an external portfolio or from the use of the balance in the history.

 

5.3 The results obtained in the operations of technology development, arbitration and trade of digital assets, will be computed and allocated daily in the account of the USER in the platform and the result can be verified as the balance to be released in the history.

 

5.4 Transfers of digital assets to LUX CAPITAL, LLC may only be made using digital asset types previously agreed upon between the parties and subject to the technical support of the platform.

 

5.5 Digital assets transferred to LUX CAPITAL, LLC will, on the date of receipt, be converted at the current exchange rate in STABLE COIN used for the user's country by the platform itself.

 

5.6 The volume of digital assets held in custody by LUX CAPITAL, LLC, will remain in its custody throughout the term of the LCContract and cannot be redeemed before the term.

 

5.6.1 In the exceptional case of early redemption of the volume held in custody by LUX CAPITAL, LLC, the USER must request the cancellation of the LCContract in accordance with the provisions of this TERM.

 

5.7 When the USER wishes to make the redemption of its volume of digital assets, it will do so by its own free initiative on LUX CAPITAL, LLC's platform, considering the criteria established in the contracted LCContracts.

 

5.8 After the request for redemption, the USER shall, at his discretion, request the withdrawal on the Platform, which will be carried out within a maximum period D+30 also taking into account the Blockchain transaction deadlines, which may increase this period, without liability of LUX CAPITAL, LLC

 

5.8.1 The transfers related to withdrawals will be made in type of digital assets determined by mutual agreement between the parties and subject to the technical support of the platform, whose quotation will be calculated at the time of its realization.

 

6. OPERATIONAL CHARGES

 

6.1 LUX CAPITAL, LLC does not charge fees for deposit, custody or withdrawals on the platform, the latter when not exceeding one monthly withdrawal.

 

6.2 The result (increase in volume) that will be passed on to the USER will observe the limit foreseen in each LCContract.

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6.2.1 If the limit of the contracted LCContract is not reached, only the operational costs of the services will be deducted. Likewise, if the limit of the LCContract is exceeded, the surplus will be reverted to LUX CAPITAL, LLC as remuneration for the services rendered, and the USER will be responsible for the limit established in each LCContract.

 

7. VALIDITY AND RENEWAL

 

7.1 This term will be valid for an indefinite period, and all alterations and amendments will be subject to acceptance.

 

7.2 LUX CAPITAL, LLC will remain in custody of the digital assets transferred by the USER, who may request redemption at any time. However, if the request occurs before the end of the term of the LCContract, there will be a fine for breach of contract, according to the following cases:

 

7.2.1 From the beginning to the half term of the LCContract, a percentage of 15% will be charged on the volume held in custody.

 

7.2.2 From the middle to the end of the LCContract term, the percentage in section 7.2.1 is reduced proportionally to the remaining time.

 

7.3 Upon completion of the LCContract term, the LCContract will become inactive, thus ceasing operations.

 

7.4 As the LCContract is inactive, the USER may at any time request the full redemption of its digital assets.

 

7.4.1 It is the entire responsibility of the USER to verify the validity of his/her LCContract, its term, redemption and withdrawal.

 

7.5 When the request for redemption, the USER will receive his volume of digital assets in his USER account, being available for withdrawal and/or contract of a new LCContract in D+4 (working days).

 

8. TERMINATION OR WITHDRAWAL FROM THE USER TERM

 

8.1. If LUX CAPITAL, LLC is no longer interested in the continuation of this Term, it must notify the USER in advance, without the need for justification, payment of a fine or fee, and the volume of digital assets existing in active LCContracts on the platform will be available for withdrawal.

 

8.2 If there is no interest in the continuity of this Term on the part of the USER, the same must request the full redemption and withdrawal of the volume of digital assets existing in active LCContracts on the LUX CAPITAL, LLC platform, without the need for justification, subject to the existing penal clauses in this term and in each LCContract.

 

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

 

9.1 The Platform and its functionalities are presented to the USERS in the manner in which they are available, and may undergo constant improvements and updates, LUX CAPITAL, LLC being obliged to:

 

(a) preserve its functionality, with links not broken and using layout that respects usability and navigability, whenever possible;

 

b) display the functionalities in a clear, complete, precise and sufficient manner so that there is an exact perception of the operations performed; and

 

c) protect, through the available technique, the data collected by the available functionalities.

 

9.2 LUX CAPITAL, LLC makes every effort to maintain the continuous and permanent availability of the Platform. However, some temporary unavailability may occur due to necessary maintenance or even generated by force majeure, such as natural disasters, failures in communication systems and Internet access or third party events which are beyond the control and responsibility of LUX CAPITAL, LLC.

 

9.2.1 If this occurs, LUX CAPITAL, LLC will do everything in its power to re-establish access to the Platform as soon as possible, within the technical limitations of its services and those of third parties on which it depends in order to be online.

 

9.2.2 Eventual maintenance procedures that cause the unavailability of the Platform for long periods will be informed by means of the official communication channels, such as e-mails, official profiles, service telephone, among others.

 

9.3 The USER has no right to demand the availability of the LUX CAPITAL, LLC platform, nor may he/she claim indemnity or reparation for damages in the case of the Platform remaining offline, regardless of the motivation.

 

9.3.1 In the case of unavailability of the Platform, the USER may contact the official communication channel indicated in this Term.

 

9.4 LUX CAPITAL, LLC is not responsible:

 

9.4.1. for any problems, bugs, glitches or malfunctions that occur in the devices and equipment of the USERS and are a direct or indirect result of the regular use of the Platform.

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9.4.2 For any direct or indirect damage caused by the events of third parties, such as, but not limited to, hacker attacks on the USERS' computers, failures in the system, server or Internet connection, including the actions of software which may somehow damage physical or logical assets or the USERS' connection as a result of access, use or browsing on the Platform, as well as the transfer of data, files, images, text, audio or video contained therein.

 

9.4.3 For the browsing of USERS on the external links provided on the Platform, being their duties to read the Terms and Conditions of Use and Privacy Policy of the site accessed and act as determined.

 

9.4.4. for checking, controlling, approving or guaranteeing the adequacy or accuracy of the information or data available on such links, not being, therefore, responsible for losses or damages incurred by the visit of such sites, it is up to the interested party to check the reliability of the information and data displayed there before making any decision or performing any act.

 

9.4.5 All and any responsibility for eventual losses and damages, ceasing or emerging profits, whose causes may be attributed, directly or indirectly, to the provision, use or performance of the platform;

 

9.4.6 Events of nature or force majeure;

 

9.4.7 Dangerous and/or improper use of the platform;

 

9.4.8 Technical factors that make it impossible to transfer data and/or download information from the platform, including internet problems,

 

9.4.9 Acts of bad faith of the user.

 

10. CHARGES AND TAXES

 

10.1 The parties agree that it will be the exclusive responsibility of the USER for the information, completion of taxes and the payment of all taxes levied on the digital assets that it possesses, according to its tax domicile.

 

10.1.1 LUX CAPITAL, LLC is exempt from any taxes, fines or any type of imposition by the public authorities, regarding the non-declaration/information of the quantity of digital assets that the USER possesses, according to the USER's tax domicile.

 

11. PRIVACY

 

11.1 LUX CAPITAL, LLC has its own document, called the Privacy Policy, which regulates the treatment of the data collected on the Platform, and is an integral and inseparable part of these Terms and Conditions of Use and can be accessed via the link found on the platform.

 

11.2 Should any provision of the Privacy Policy conflict with any other in this document, the more specific rule shall prevail.

 

12. TECHNICAL SUPPORT

 

12.1 The provision of the technical support service is limited to clarifications about the functioning of the LUX CAPITAL, LLC platform, presupposing knowledge on the part of the USER of the use of the computer and mobile device and its functions, as well as the operating system under which the system will be used. It is also assumed the proper configuration of the computer and its good state of operation.

 

12.2 The technical support is limited to attending the USER in the service channels mentioned in the platform, and LUX CAPITAL, LLC is committed to providing an answer within 24 (twenty-four) working hours, except in exceptional situations, as from the call made by the USER.  

 

12.3 The Technical Support provided by LUX CAPITAL, LLC does not cover the connection to the Internet, internal network and computers/mobile devices of the USER.

 

12.4 The Support provided by LUX CAPITAL, LLC also does not include financial, economic or tax advice or consultancy, and the USER will be fully responsible for the decisions he/she makes for the use of the platform.  

 

13. INTELLECTUAL PROPERTY

 

13.1 All intellectual property rights such as the brand, company name or domain name, as well as the logos, brands, insignias, content of the screens relative to the functionalities of the Platform and the set of programs, databases, networks and files that allow the USER to access and use his/her account relative to LUX CAPITAL, LLC belong to the company, with the USER being granted only the right to use the functionality made available on it. The improper use and total or partial reproduction of the said contents are prohibited.

 

13.2 The Platform may be improved, and temporary suspension of service may occur as a result of this, The USER hereby agrees to the modifications, implementation of new resources, tools, improvements or corrections to the platform.

 

14. GENERAL DISPOSITIONS

 

14.1 By navigating the Platform and using its functionalities, the USER agrees to be guided by the Terms and Conditions of Use and by the Privacy Policy that are in force on the date of access. For this reason, it is recommended that the USER keep up to date.

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14.2 The tolerance of the eventual non-fulfillment of any of the clauses and conditions of this instrument shall not constitute novation of the obligations stipulated herein, nor shall it prevent or inhibit the enforceability of the same at any time.

 

14.3 In the event that any provision of these Terms and Conditions of Use or of the Privacy Policy published on the Platform is judged to be inapplicable or without effect, the remainder of both documents will continue in force, without the need for any judicial measure declaring such an assertion.

 

14.4 The USER recognizes that all communication made by LUX CAPITAL, LLC to the e-mail address of the USER registered on the platform is valid, effective and sufficient for the dissemination of any subject that refers to the services object of this contract, as well as the conditions of its provision or any other subject addressed therein, with the exception of the expressly different provisions foreseen in these Terms and Conditions of Use.

 

14.5 The USER has the right, at any time, to request the closure of his/her account with LUX CAPITAL, LLC

 

14.6 The closure of the USER's account will only be possible if there are no funds recorded, that is, if there are not, at the time of cancellation, any amounts in his/her account and/or open LCContracts, and it is up to the USER to make the withdrawal.

 

14.8 After the closure of the account of the USER, carried out by himself or by LUX CAPITAL, LLC the USER recognizes that he may no longer have access and/or retrieve information about transactions carried out through the platform, and LUX CAPITAL, LLC has no duty to store information, nor to pass on this information to the USER.

 

14.9 In the event of suspicion of fraud or any other illicit activity, LUX CAPITAL, LLC may, in addition to resorting to the appropriate legal measures, at the effective time of termination, retain any funds stored, until the conclusion of the respective investigations.

 

14.10 Even in the event of termination, all fees paid and charges made prior to termination are non-refundable.

 

14.11 Termination of registration shall not affect any prior right and obligation. The obligations of any parties contracted will continue in full force and effect until remedied.

 

14.12 Failure or mere liberality in not enforcing any provisions of this TERM does not constitute a waiver of rights, and may be enforced at any time.

 

14.13 The Terms and Conditions of Use herein shall be construed in accordance with the laws of the headquarters of LUX CAPITAL, LLC to settle any dispute or controversy involving this document.

 

Text updated on 03/06/2023