Luminia LLC (the “Company,” “we,” “our,” or “us”), owns and operates the website at www.luminia.io (the “Site”) and a related mobile technology platform (“Mobile Platform”). By accessing or using the Site or Mobile Platform, you (“Customer”, “you”, or “your”) agree that you have read, understand and agree to be bound by these terms of service (the “Terms of Service”). Please review these Terms of Service before using the Site or Mobile Platform. If you do not agree to these terms, you should not access the Site or Mobile Platform.
THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE TERMS OF SERVICE ALSO INCLUDES AN AGREEMENT TO ARBITRATE ANY DISPUTES AND YOUR AGREEMENT TO WAIVE A JURY TRIAL AND CLASS ACTION IN THE EVENT OF A DISPUTE.
The Site and Mobile Platform are intended solely for users who are 18 years of age or older (or the age of majority in your state), and any use of the Site or Mobile Platform by anyone under the age of majority is unauthorized and in violation of these Terms of Service. In addition, the Site and Mobile Platform are intended solely for users who are citizens or permanent residents of the United States of America and are physically present in the United States of America at the time of such use. By using the Site or Mobile Platform, you represent and warrant that you are 18 years old or older, and that you will abide by all of the terms and conditions of these Terms of Service. If you violate any of these Terms of Service, the Company may delete your account and/or prohibit you from using or accessing the Site or Mobile Platform, at any time in its sole discretion.
We may make changes to these Terms of Service from time to time in our sole discretion. If we do make revisions, we will post the changed Terms of Service on the Site and will indicate at the top of this page the date these Terms of Service were last revised. You understand and agree that your continued use of the Site or Mobile Platform after we have made any such changes constitutes your acceptance of the changes to the Terms of Service.
All content on the Site and Mobile Platform, including designs, text, graphics, pictures, video, information and their selection and arrangement (the “Content”), are the proprietary property of the Company with all rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company‘s prior written permission. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Company’s services, including any Content. Unless explicitly stated in these Terms of Service, nothing in these Terms of Service will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company‘s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Provided that you are eligible to use the Site and Mobile Platform, you are granted a limited license to access and use the Site and Mobile Platform and to download or print a copy of any portion of the Content solely for your use of the Site or Mobile Platform, provided that you keep all copyright or other proprietary notices intact. You may not republish the Content or incorporate the Content in any other compilation, and any other use of the Content is strictly prohibited.
You may not use the Site or Mobile Platform in any manner that violates applicable law. Without our prior consent, you may not use the Site or Mobile Platform in any manner that violates these Terms of Service, or that could damage, disable, overburden, or impair the Site or Mobile Platform or interfere with any other party‘s use and enjoyment of the Site or Mobile Platform. We may terminate, disable or limit your access to, or use of, the Site or Mobile Platform any time without notice for any reason in our sole discretion.
You represent, warrant and agree1 that no materials of any kind submitted through the Site or Mobile Platform will violate or infringe upon the rights of any third party, or contain otherwise unlawful material. You further represent, warrant, and agree that you will not use the Site or Mobile Platform in any unlawful manner or in any other manner that could impair the operation, functionality, or use of the Site or Mobile Platform.
Use of the Mobile Platform
You agree to use the Mobile Platform in accordance with these Terms of Service and any applicable usage rules of any third-party mobile telephone, tablet or other device, or service provider or the third party from whom you are downloading the Mobile Platform. You agree that you have software on your applicable mobile device that allows you to view, print and save the content presented to you. You acknowledge, understand and agree that your use of the Mobile Platform and your access to your account through a mobile device is also governed by any other agreement with the Company and each and every current and future affiliate of the Company in addition to these Terms of Service.
You agree that it is your responsibility to verify the status of any attempted transaction by reviewing your account or contacting us at the toll-free number 800-675-0632 or online at firstname.lastname@example.org. You acknowledge and agree that the Company, and its representatives, agents, employees, and any affiliates, will have no liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility problems or your failure to confirm any attempted transaction.
Customer Communications Policy
By using the Site and/or Mobile Platform and creating an account with the Company, you are agreeing to transact business with the Company electronically. This means you may not receive paper copies of important notices, agreements and disclosures.
By using the Site and/or Mobile Platform and creating an account with the Company, you are consenting that any communications we provide to you may be provided in electronic form. This includes any information that we are required by law to provide to you in writing in connection with your application provided to the Company or any information we may otherwise provide to you relating to any Company service or products that you obtain from us. This includes, but is not limited to, all communications, agreements, policies, documents, notices and disclosures.
You agree that the Company may use electronic signatures and obtain them from you as part of our transactions with you. When you provide us with your electronic signature, you agree that your electronic signature has the same effect as if your signature had been provided on paper.
All communications that we may provide to you electronically will be provided either directly to your email address on file in your online account or otherwise provided to us, on our website, or on your online account. Your consent covers all communications relating to any Company services and/or product. Your consent remains in effect until you give us notice that you are withdrawing it.
By giving your consent, you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any of the Company’s communications for your records.
You may withdraw your consent to receive Company’s communications electronically by contacting us at email@example.com. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. If you withdraw your consent to receive communications electronically, Company reserves the right to deny your application for a service or product, restrict or deactivate your online account, close your account, or charge additional fees for paper copies.
If you would like a paper copy of a communication we previously electronically sent you, you may request a copy by contacting us as described above. In order for us to send you paper copies, you must have a current street address on file.
Updating your Electronic Contact Information
You must promptly notify Company of any change to your email address so that we can communicate with you electronically. You may do so by calling us at 800-675-0632 or contacting us online at firstname.lastname@example.org. You understand and agree that if Company sends you an electronic communication but you do not receive it because your email address on file is incorrect, has not been updated by you, or you are otherwise unable to receive electronic communications, the Company will be deemed to have provided the communication to you.
Communications with Customer
By accepting these Terms of Service, you expressly consent to be contacted by Company at any telephone number, e-mail address, mailing address, account with the Company, or physical or electronic address you provide. You agree that Company, any Company’s affiliates, our agents, service providers, contractors, and non-affiliated third parties with whom your information was shared may contact you at any phone number you have provided to us, including any mobile phone number, as well as any address in our records or in public or nonpublic databases. In addition, Company may contact other people who may provide employment, location or other contact information for you. You represent, warrant and agree that the telephone numbers that you have provided to us are your contact numbers, and you agree to promptly notify Company whenever you stop using a particular telephone number. You agree that Company and Company’s agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded or monitored line and that any incoming calls may also be recorded and monitored.
Your Online Account
Your acceptance of these Terms of Service is required to create an online account with the Company. When you create an account, you will be required to create a user name, password, and/or provide other access credentials. You are responsible for maintaining the confidentiality of your account and access credentials and for restricting access to your computer and any other mobile devices you use to access your account, and you agree to accept responsibility for all activities that occur under your account or access credentials. You may not assign or otherwise transfer your account to any other person. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its service providers reserve the right, in our sole discretion, to refuse or cancel service, terminate accounts, or remove content from your account. You agree to immediately notify us of any unauthorized use of your access credentials or account or any other breach of security. You further agree to ensure that you exit from your account at the end of each session when accessing the Site or Mobile Platform. You agree that Company will not be liable for any loss or damage arising from your failure to comply with this section.
When you use or access your account, you may be requested to provide financial documents and information to be uploaded onto the Site or Mobile Platform to apply for and/or receive Company services and products that you are requesting from Company. You agree to provide current, complete, and accurate information. If any information you provide is inaccurate, not current, or incomplete, the Company reserves its right to terminate your application and to decline to provide any and all future use of the Site or Mobile Platform.
You agree to indemnify and hold harmless the Company and each of its directors, officers, shareholders, partners, members, employees, agents and contractors, from and against any loss, damage, judgment, liability, penalties, claims, fines, costs, fees and expenses, including reasonable attorney‘s fees, arising out of or in connection with:
Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ITS SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF, OR A DELAY OR INABILITY TO USE, THE SITE OR MOBILE PLATFORM OR ANY OF THE CONTENT OR OTHER SERVICES OR MATERIALS ON OR ACCESSED THROUGH THE SITE OR MOBILE PLATFORM, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, MOBILE PLATFORM OR THEIR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR MOBILE PLATFORM. CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Jurisdiction
By using the Site or Mobile Platform, you agree that these Terms of Service are governed by and interpreted in accordance with the laws of the State of California. You agree that you will not use the Site, Mobile Platform or the Company’s products or services in any unlawful manner or for any unlawful purpose.
Arbitration Agreement and Waiver of Class Action
You agree that any and all disputes and claims arising from your online account, and your use of the Site, Mobile Platform, and their content, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Company’s services, any advertising, any aspect of the relationship or transactions between you and the Company relating to your online account and use of the Site or Mobile Platform, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Company are each waiving the right to a trial by jury relating to disputes or claims described in this section. Your rights will be determined by a neutral arbitrator, and not by a judge or jury. You agree that the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
You agree that, by entering into these Terms of Service, you and Company are each waiving the right to participate in a class action relating to disputes or claims described in this section. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing the Company at email@example.com. If an informal resolution cannot be reached, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to Luminia LLC, Attn: “Notice of Dispute”, 4445 Eastgate Mall, Suite 200, San Diego, CA 92121. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. If Company and you cannot resolve the claim within 60 calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled. Arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, which can be found at https://www.jamsadr.com/. The prevailing party in any dispute shall be entitled to reasonable attorneys’ fees and costs.
If there is any inconsistency between any term of the JAMS rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Company and you agree otherwise, any arbitration hearing shall take place in San Diego, California.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT WILL BE FOREVER BARRED.
Pursuant to California Civil Code Section 1789.3, any questions about complaints, or inquiries must be sent via US Mail to Luminia LLC, Attn: Complaints, 4445 Eastgate Mall, Suite 200, San Diego, CA 92121; or sent via Email with the subject line “Attn: Complaints” to firstname.lastname@example.org. You may also contact the California Department of Consumer Affairs to file a complaint via online at www.dca.ca.gov, or call 800.952.5210, or send via US mail in writing to the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834.
The failure of Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of any of Company’s rights to enforce these Terms of Service. If any provision of these Terms of Service is held invalid or unenforceable, the remainder of these Terms of Service will continue in full force and effect. A waiver of Company’s rights shall be effective only if Company agrees in writing.
I agree to the Terms of Service