Terms of Use

INTRODUCTION

Welcome to the LUGDEN website (“LUGDEN”, “we” or “us”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Use”) apply to your use, whether as a guest or a registered user for the sole purpose of gathering information about luggage storage, determining the availability of luggage storage and other related services, i.e. phone charging, making legitimate reservations and conducting business transactions for luggage storage and/or phone charging plus any additional services available at lugden.com and other LUGDEN websites and/or our subsidiaries (collectively, the “Website”). The term “you” refers to the customer visiting this website, mobile site, and/or booking luggage storage reservation(s) though lugden.com, via phone, and/or through our agents. These Terms of Use are posted along with any content, functionality and services offered on or through such websites.

Please read the Terms of Use carefully before you start to use the site. By using this website, you accept and agree to abide by the terms, conditions, and notices set forth below (collectively, the “Agreement”) as well as be bound by our Terms of Use and Privacy Policy (found at lugden.com/privacy-policy). If you do not accept all of these terms and conditions, do not use this website or related platforms.

We reserve the right to change or modify these Terms of Use or any policy or guideline of the Website, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. The most current version of the Agreement will be available on this page.Your continued access or use of this Website will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Website. If you do not agree to the amended terms, you must stop using the Website.

You acknowledge that the Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Website and receipt of data, materials and information available at or through the Website.

USE OF THE WEBSITE

As a condition of using this website, you attest that: You are at least 18 years of age; You possess the legal authority to create a binding legal obligation; You will use this website in accordance with this Agreement; You will only use this website to make legitimate luggage storage and/or phone charging reservation(s) for you or for another person for whom you are legally authorized to act; All information supplied by you on this website is true, accurate, current and complete; If you make a reservation or otherwise transact online with LUGDEN, you will safeguard your login information and will supervise and be completely responsible for login by anyone other than you. At our sole discretion, we retain the right to deny anyone access to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Use of Mobile Site

LUGDEN’s mobile site serves the same purposes and contains the same conditions as the website. By accessing or using the mobile site, you are agreeing to be bound by the Agreement. Do not use the mobile site if you do not agree to and accept all the terms and conditions. Only use the mobile site if you accept all of these terms and conditions.

Prohibited Activities

The content and information on this Website (including, but not limited to, price and availability of luggage storage, phone charging, etc.), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You may make limited copies of your luggage storage and phone charging reservation(s) and related documents for luggage storage and phone charging booked through this website, but you also agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website.

Furthermore, you agree not to: Use this website or its contents for any commercial purpose; Make any speculative, false, or fraudulent reservation or any reservation in anticipation of influencing demand; Access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website; Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; Deep-link to any portion of this website (including, without limitation, the rental path for any luggage storage related information) for any purpose without our express written permission; or “Frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization.

TCPA CONSENT

Upon agreeing to the terms of our rental agreement, you will be prompted to disclose certain information about yourself and your storage or charging needs. By providing this information to us, or by submitting a reservation, you are requesting and expressly consenting to being contacted by us via phone, email, mail, text (SMS) messaging, or other reasonable means of communications, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, so that we may provide you services, to service your account, address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes related to your request for service and our business, including marketing related emails. You also authorize LUGDEN to send you a text, email or call you confirming your reservation.

WEBSITE COPYRIGHTS

If you believe in good faith that materials hosted by us infringe your copyright, you or your agent may send us a written notice that includes the following information: a clear identification of the copyrighted work you claim was infringed; clear identification of the material you claim is an infringement the copyrighted work, and information that will allow us to locate that material on the website, such as a link to the infringing material; your contact information so that we can reply to your complaint, preferably including an email address and telephone number; A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law”; A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TRADEMARKS

LUGDEN trademarks, service marks, graphics and logos used in connection with this website are trademarks, service marks or registered trademarks of LUGDEN: LUGDEN and “Lugging around Luggage is a drag. Leave your baggage with us.” Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Using this website grants you no right or license to reproduce or otherwise use any LUGDEN trademarks or third-party trademarks.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless LUGDEN, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the website and services, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions of Use.

Notices with respect to this website should be sent to:
LUGDEN, PO Box 13412, Denver, CO 80201

We will review and address all notices that comply with the requirements above.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

LIMITATION OF LIABILITY

LUGDEN will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. LUGDEN will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Website, even if there is negligence or LUGDEN or an authorized LUGDEN representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. LUGDEN total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to LUGDEN to access this Website, which in all cases should be $0.

JURISDICTION

This Agreement will be governed by the laws of the State of Colorado as applied to agreements entered into and performed entirely within the State of Colorado.

Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in Denver, Colorado. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, LUGDEN shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of Colorado, to which jurisdiction, for such purpose, Customer hereby irrevocably consents.

GENERAL NOTICE

These Terms of Use will be governed and be interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. Any legal action or proceeding relating to your access to, or use of the Website or these Terms of Use shall be instituted only in a state or federal court located in Denver County, Colorado. You and LUGDEN agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Website. LUGDEN products and services are available in various parts of the world. However, the Website may describe products and services that are not available worldwide. The Website may be linked to other sites which are not maintained by LUGDEN. LUGDEN is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by LUGDEN of the sites.

DISCLAIMER

The material in the Website could include technical inaccuracies or typographical errors. LUGDEN may make changes or improvements at any time. THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. LUGDEN DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUGDEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUGDEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LUGDEN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

HYPER-LINKS NOTICE

The Website may link to sites not maintained or related to LUGDEN. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this Website or LUGDEN.

LUGDEN has not reviewed any or all of the sites hyper-linked to or from this web site and is not responsible for the content of any other sites. The links are to be accessed at the user’s own risk, and LUGDEN makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the Website. Further, LUGDEN does not implicitly endorse third-party sites hyper-linked to the Website.

WAIVER

The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms of Use will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained. All contents and code are copyright © 2017 LUGDEN. All Rights Reserved.

REFUNDS

Credit will be issued for missed paid reservations. Refunds will only be issued for paid reservations if LUGDEN is unable to provide luggage storage services, no other exceptions.

CANCELLATIONS

Must be made at least 1 hour prior to the reservation time with via phone (303) 747-5600 or email storeit@gmail.com. Authorized cancellations will incur a $3 per bag cancellation fee.

OVERNIGHT AND WEEKLY STORAGE

Overnight luggage storage is until 12pm the following day. Luggage not picked up by noon will incur a day charge of $10, due at time of pick-up.
Weekly luggage storage is for 7 days, starting the day of drop-off.
Notification via phone, text or email will be attempted for unretrieved luggage. Bags with unpaid balances will be deemed abandoned an discarded.

EFFECTIVE DATE

Terms and Conditions of Use effective revision date 12/26/17.