Terms Policies Privacy

Terms of Service

Last modified July 24th, 2017


Introduction

Lumi Inc. (“Lumi”), a Delaware corporation, provides use of its websites accessible at www.lumi.com (individually or collectively, the “Website”) to you subject to the following Terms of Use.

BY USING THE WEBSITE IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO WWW.LUMI.COM, OR BY USING THE SERVICES PROVIDED BY THE WEBSITE OR BY LUMI, YOU ARE AGREEING TO THE TERMS OF SERVICE BELOW AS IT MAY BE UPDATED AND AMENDED FROM TIME TO TIME. WHEN USING THE VARIOUS COMPONENTS OF THE WEBSITE YOU AGREE TO ABIDE BY ANY APPLICABLE POSTED GUIDELINES FOR THOSE SERVICES. SHOULD YOU OBJECT TO OR VIOLATE ANY TERM OR CONDITION CONTAINED IN THESE TERMS OF SERVICE OR THE ASSOCIATED PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS TO WWW.LUMI.COM OR TO USE SERVICES PROVIDED BY LUMI.

Lumi may modify these Terms of Service at any time without notice, effective upon its posting the modifications to the Website. Your continued use of the Website constitutes your acceptance to the Terms of Service as amended. Lumi has the right, but is not obligated, to strictly enforce the Terms of Service through active investigation, litigation and prosecution, self-help and community moderation.

1. Trademarks

The term Lumi is a trademark of the Company, registered with the U.S. Patent and Trademark Office. Any unauthorized use of the Lumi trademark is strictly prohibited. Additionally, any other trademarks displayed on the Website are the sole property of their respective companies. All use of these trademarks by Website users is prohibited.

2. Ownership of Website Content

The Website, its content, and content created using the Website platform, are protected to the maximum extent provided by trademark, copyright and intellectual property rights law and applicable international treaties or conventions. All content displayed on or through the Website including but not limited to: content in any associated Lumi blogs, editorials on the Website, font, text, and pictures, are owned exclusively by Lumi (and/or by its affiliated companies, suppliers and licensors), and is protected by trademark, copyright and intellectual property rights laws and applicable international treaties or conventions, both as a collective work and/or compilation, as these terms are defined by applicable law. Any copying, reproduction, redistribution, modification, display, or creation of derivative works from the Website, the content on the Website or the collective work is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written consent of Lumi. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.

You may not use the Website or its content for any commercial purposes unless you execute a separate Agreement with Lumi. This includes but is not limited to not using the content for: the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

3. Use of the Login Portal

The Website features a member portal that is accessible to you once you sign up for an account. This portal can be accessed by clicking “Login”. This portal may contain your stored information based on your previous and ongoing interactions with the Website. You agree that Lumi assumes no responsibility for the accuracy and completeness of information contained in this portal. This information will be accessible only to you once you log in either by using your username and password or by logging in through Facebook, and shall not be made accessible to the general public.

4. Feedback

Any questions, comments, suggestions, or other information about Lumi products or services submitted to Lumi through this Website (“Feedback”) shall be deemed non-proprietary and non-confidential. Lumi is free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Lumi specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-proprietary and non-confidential and we can use such information without any obligation or liability to you.

5. User Conduct

You agree not to transmit to Lumi any information or post, email, or otherwise make any Submission of User Content that:

  • is unlawful, abusive, harassing, harmful, threatening, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
  • is pornographic or depicts a human being engaged in sexual conduct;
  • harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, race gender, sexual orientation, ethnicity, age, or disability;
  • impersonates any person or entity, including, but not limited to, a Lumi employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • that includes personal or identifying information about another person without that person's explicit consent;
  • is false, deceptive, misleading, or deceitful;
  • infringes any trademark, copyright, patent, trade secret, or other proprietary rights of any party, or is a Submission that you do not have the right or authority to make available pursuant to any law or under any contractual duty or fiduciary relationship;
  • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
  • constitutes or contains any form of advertising or solicitation if posted in areas of the Website which are not designated for such purposes or emailed to Lumi users who have not indicated in writing that they consent to your contacting them about other services, products or commercial interests;
  • advertises any illegal service;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  • disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website;
  • that employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to:

  • contact anyone who has requested not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
  • stalk or otherwise harass anyone through or on the Website;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website;
  • post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose unreasonable loads on our infrastructure;
  • post any deceptive events; or
  • attempt to gain unauthorized access to Lumi computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.

Lumi may reject, delete, modify, edit or remove any Submissions at any time for any reason and Lumi may terminate your access to the Website or your account at any time for violation of these Terms of Use or any other reason.

6. External Sites

The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (“External Sites”). You acknowledge that Lumi is not responsible for the unavailability of, or the content located on, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

7. Confidentiality

Certain areas on this Website may contain Lumi confidential information. A valid username and password is required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of Lumi confidential information, is a violation of Lumi's rights and is strictly prohibited. By accessing Lumi confidential information, you agree to keep this information confidential. You also agree to treat this confidential information with the same standard of care which you apply to your most confidential information, and to not to use the information for any purpose that is unlawful or not permitted by these Terms of Service.


9. Customer Policies and Use of Lumi Services

Lumi has defined policies that govern your use of the Lumi Services (“Policies”). The Policies are linked below and are hereby incorporated by reference. In the event of any conflict or inconsistency between these Terms and any of the Policies, these Terms shall control.

Lumi warrants that the Products are of Lumi’s standard quality. No warranty or affirmation of fact, express or implied, other than as set forth in the limited warranty statement above, is made or authorized by Lumi.

10. Disclaimer of Warranties

YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. LUMI DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW. LUMI DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This does not affect the applicability of the disclaimers where otherwise permitted by law.


11. Limitation on Liability and Indemnity of Lumi

UNDER NO CIRCUMSTANCES SHALL LUMI BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LUMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE WEBSITE OR THIS TERMS OF USE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF INCARNATE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. This does not affect the applicability of the limitations of liability where otherwise permitted by law.

You agree to indemnify and hold harmless Lumi, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any Submissions, your third party event, website or organization, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of any third party.

12. Compliance with Applicable Laws; Export Control Laws

This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Lumi does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to, processed and collected in the United States in compliance with the privacy policy.

13. Governing Law

By acceptance of the Terms of Use and/or use of the Website and its content, you accept the following provisions regarding applicable governing law. These Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, or your use of the Website, will be governed by and construed in accordance with the State of California, without regard to its choice of law provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of Goods. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises, otherwise, such claim is time-barred. Any claim or dispute arising out of or relating to these Terms of Use, the associated Privacy Policy, or your use of the Website shall be subject to the exclusive jurisdiction of the state or federal courts in the State of California and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and Lumi with respect to the subject matter of the Terms of Use.

Contact Us

If you have any questions about these Terms of Use, please contact Customer Service via email at hello@lumi.com. You may also send comments or inquiries to the address below:

Lumi
Attention: Customer Service
3828 S Santa Fe Ave
Vernon, CA 90058