Privacy policy

In connection with your use of our website, you expressly agree to our privacy policy ("privacy policy") and our cookie policy ("cookie policy"), each of which is incorporated herein by reference. please read the privacy policy and the cookie policy carefully to learn more about how we use the information we collect from you when you access, visit, or use the service. the privacy policy and the cookie policy form part of and are governed by these terms of use, and by accepting the terms of use, you agree to be bound by the terms of the privacy policy and the cookie policy, and you agree that we may use the information collected from you in accordance with the privacy policy and the cookie policy.

Disclaimer

If you choose to use the website, you do so at your own risk. the website is provided "as is," without warranty of any kind, either express or implied. without limiting the foregoing, sunnyside expressly disclaims any warranty of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranty arising out of course of dealing or usage of trade. arte hospitality does not warrant that the website will meet your requirements or that it will be available on an uninterrupted, secure, or error-free basis. sunnyside makes no warranty regarding the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the website.

No advice or information, whether oral or written, obtained from luxeor through the website or the collective content, shall create any warranty not expressly stated in this document.

You are solely responsible for all of your communications and interactions with other users of the website and with other persons with whom you communicate or interact as a result of your use of the website. you understand that luxed makes no attempt to verify the statements of website users. sunnyside makes no representations or warranties regarding the conduct of website users or their compatibility with any current or future users of the website. you agree to take reasonable precautions in all communications and interactions with other users of the website and with other persons with whom you communicate or interact as a result of your use of the website.

You acknowledge and agree that, to the maximum extent permitted by law, all risk arising from your access to and use of the website is yours. neither arte hospitality nor any other party involved in the creation, production, or delivery of the website shall be liable for any incidental, special, exemplary, or consequential damages, including loss of profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any personal injury, bodily injury, or emotional distress arising out of or in connection with these terms, from the use of or inability to use the website, from any communication, interaction, or meeting with other website users, or services or other persons with whom you communicate or interact as a result of your use of the site, website, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not sunnyside has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event shall arte hospitality assume aggregate liability arising out of or in connection with these terms and your use of the website or your inability to use the website.

Indemnification; limitation of liability

To the maximum extent permitted by law, you agree to release, defend, indemnify, and hold harmless arte hospitality and its affiliates and subsidiaries, and their officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the website; (b) your interaction with any user; (c) your breach or violation of the terms of this agreement, any representation, warranty, or covenant referenced in this agreement, or any applicable law or regulation; (d) any allegation that you have infringed or otherwise violated the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (e) your activities in connection with the website; and/or (f) your negligent or intentional misconduct, including, without limitation, any injury, loss, or damage (compensatory, direct, incidental, consequential, or otherwise) of any kind arising therefrom.

Third parties

Our website may contain links or advertisements for other sites, services, or products ("third-party products"). third-party products are provided solely for your convenience and may contain materials you find offensive, objectionable, illegal, or inaccurate. such third-party products are governed by their own terms of use and privacy policies, which may differ from this agreement or those of our website. the inclusion of links to third-party products does not indicate that we endorse those products or services. we are not responsible for examining or evaluating the content of third-party products.

We, our affiliates, or contracted third parties may also offer new, updated, or additional services (“additional services”) through our website from time to time. your use of such additional services will be governed by this agreement but may also be subject to additional terms and conditions, which will be posted periodically and which users must comply with. by continuing to use our website, you expressly consent to any additional terms and conditions associated with the additional services.

Dispute resolution; arbitration and class action waiver

Please read the following terms carefully.

This agreement includes an agreement to arbitrate claims and an agreement that all claims will be brought on an individual basis only (and not as a class action or other representative proceeding). you may opt out of the arbitration agreement by following the opt-out procedure described below. you agree that, in the event of any dispute between you and sunnyside, you will first contact us and make a sustained and good-faith effort to resolve the dispute before resorting to more formal means of resolution, including, without limitation, arbitration or any legal action. following the informal dispute resolution process, any remaining dispute, controversy, or claim (each, a “claim”) relating to your use of the website or to communications from sunnyside to you will be resolved by binding arbitration. this mandatory arbitration agreement applies equally to you and arte hospitality. however, this arbitration agreement does not (a) govern any claim by luxe for infringement of its intellectual property or access to the website that is unauthorized or exceeds the authorization granted in these terms nor (b) prohibit you from making use of applicable small claims court procedures in appropriate cases. if you do not wish to arbitrate disputes with sunnyside and are an individual, you may opt out of this arbitration agreement by sending notice to the address provided below within thirty (30) days of the date of access to the website or the date you receive any service.

Class action waiver

All claims must be brought on an individual basis and not as a plaintiff or member of any class, collective, representative, or multi-plaintiff proceeding (“class action”). you expressly waive the ability to maintain a class action in any forum. if a claim is subject to arbitration, the arbitrator shall have no authority to combine or aggregate similar claims, conduct a class action, or issue an award to any person or entity that is not a party to the arbitration. any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. the parties understand that they are waiving any right to litigate in court, to have a judge or jury decide their case, or to be part of a class or representative action, and that any claim must be decided individually, through arbitration. if this class action waiver is found unenforceable, then the entirety of the arbitration agreement, if otherwise effective, shall be null and void. the arbitrator may award declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. if for any reason a claim proceeds in court rather than arbitration, you and luxe waive any right to a jury trial.

Governing law and jurisdiction

The services provided through the website shall be deemed provided within the state of florida. this agreement shall be governed by and construed in accordance with the laws of the state of florida, without regard to conflict of laws principles. any dispute relating to these terms that results in a legal action, pursuant to these terms, shall be resolved exclusively in a state or federal court located in miami-dade county, florida, and you expressly consent to the personal jurisdiction of such courts and waive any claim of improper venue.

Severability and waiver

If any part of these terms is illegal, void, or unenforceable, such part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. the failure to require performance of any provision shall not affect the right to require such performance at any later time, nor shall any waiver of any breach or default of these terms or any provision of these terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Assignment

You may not assign or transfer these terms or any of your rights or obligations under these terms. arte hospitality may assign these terms at any time without prior notice.

Force majeure

In no event shall sunnyside or any third-party provider or distributor be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based on contract, tort, strict liability, or otherwise, arising from service interruptions caused by an act of god, terrorism, accident, fire, labor dispute, riots, civil commotion, act of public enemy, law, enactment, regulation, order, or act of any government or governmental authority, failure of technical facilities, failure or delay of transportation services, illness or incapacity, or other causes of a similar or dissimilar nature that are not reasonably within the control of luxe or that arte hospitality could not have avoided through reasonable diligence (each such act specified in this paragraph shall be referred to herein as a "force majeure event"). sunnyside shall not be responsible for refunding any fees paid.

Contact

If you have any questions or comments regarding these terms of use, please contact us at:

Arte hospitality group

Attention: legal counsel
8200 nw 41st st st # 312, miami, fl 33166
Phone: +1 (786) 808 7500

Last updated: June 11, 2025