Terms of Service

8.1 - DMCA Notification. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512, as amended) we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of or material posted on the Service, you may contact our Designated Agent at the following address: 

9.1 - use the Service for any purpose other than for Your personal use only, solely as permitted by the provided functionality of the Service and these Terms and our Privacy Policy; 

9.2 - use the Service for any illegal purpose, or in violation of any local, state, provincial, national, or international law, including, but not limited to, applicable privacy laws; 

9.3 - unless expressly permitted, copy, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, modify, create derivative works of, sell, license or in any way exploit any part of the Service; 

9.4 - violate the rights of third parties, including by infringing or misappropriating third party intellectual property rights; 

9.5 - post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; 

9.6 - bypass or interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine User Content or any other Materials from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage; 

9.7 - interfere with the operation of the Service or any user's enjoyment of the Service, including without limitation by: (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (b) making unsolicited offers or advertisements to other users of the Service; (c) attempting to collect, personal information about users or third parties without their consent; or (d) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers; 

9.8 - use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, unless and solely to the extent Lumens makes available the means for embedding any part of the Service, such as materials related to products listed on the Service. 

9.9 - perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth; 

9.10 - sell or otherwise transfer the access granted in the Terms or any Materials or any right or ability to view, access, or use any Materials; or 

12.1 - Privacy Policy. Please read the Lumens Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Lumens Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms. 

THE SERVICE AND ALL PRODUCTS, MATERIALS, AND CONTENT AVAILABLE FROM OR SOLD THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LUMENS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL PRODUCTS, MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE LUMENS ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY PRODUCTS (INCLUDING PRICES, PRODUCT IMAGES, SPECIFICATIONS, AVAILABILITY, AND OTHER DESCRIPTIONS THEREOF), MATERIALS, OR CONTENT OFFERED OR MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, RELIABLE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.  

IF YOU ARE NOT SATISFIED WITH ANY PRODUCT ORDERED THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN THE UNUSED PRODUCT AS PERMITTED PURSUANT TO SECTION 5 OF THESE TERMS. 

NOTWITHSTANDING THE FOREGOING, CERTAIN SUPPLIERS OR PROVIDERS OF PRODUCTS SOLD THROUGH THE SERVICE MAY SEPARATELY PROVIDE LIMITED WARRANTIES WITH RESPECT TO THEIR PRODUCTS SOLD THROUGH THE SERVICE. THE DISCLAIMERS IN THIS SECTION 16 DO NOT APPLY TO SUCH PRODUCT WARRANTIES PROVIDED SEPARATELY BY THE SUPPLIERS OR PROVIDERS. PLEASE REVIEW THE RETURNS POLICY OR CONTACT THE LUMENS CUSTOMER SERVICE TEAM (CONTACT INFORMATION AVAILABLE AT HTTPS://WWW.LUMENS.COM/CUSTOMER-SERVICE/CONTACT-US.HTML) FOR INFORMATION REGARDING SUCH SPECIFIC PRODUCT WARRANTIES AND THE AVAILABILITY THEREOF. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE LUMENS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. 

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LUMENS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION. 

20.2 - Exceptions. Notwithstanding subsection 20.1, we both agree that nothing in the Terms will be deemed to waive, preclude, or otherwise limit either of our right to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address intellectual property infringement claims. 

20.3 - Arbitrator. Any arbitration between you and Lumens will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Lumens. 

20.4 - Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Lumens's address for Notice is: Lumens, LLC, Legal Department, 2020 L Street LL10, Sacramento, CA 95811, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Lumens may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Lumens will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Lumens will pay you: (x) the amount awarded by the arbitrator, if any, (y) the last written settlement amount offered by Lumens in settlement of the dispute prior to the arbitrator’s award; or (z) $1,000.00, whichever is greater. 

20.5 - Fees. In the event that you commence arbitration in accordance with these Terms, Lumens will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Sacramento County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Lumens for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. 

21.1 - Generally. In the interest of resolving disputes between you and Lumens in the most expedient and cost effective manner, you and Lumens agree that any and all disputes arising in connection with these Terms will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. 

Without limiting the preceding paragraph, you may opt-out of this agreement to arbitrate, by providing us with written notice of your intention to do so to [email protected] within 30 calendar days of the date you first accept these terms (an “Arbitration Opt-Out Notice”).  

IF YOU DO NOT PROVIDE US WITH AN ARBITRATION OPT-OUT NOTICE WITHIN THIS 30 DAY PERIOD, YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LUMENS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION. 

21.2 - Exceptions. Notwithstanding our arbitration agreement set out in subsection 21.1, we both agree that nothing in the Terms will be deemed to waive, preclude, or otherwise limit either of our right to: (a) bring an individual action in small claims court; (b) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address intellectual property infringement claims. 

21.3 - Arbitrator. Any arbitration between you and Lumens will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Lumens. 

21.4 - Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Lumens’ address for Notice is: Lumens, LLC, Legal Department, 2020 L Street LL10, Sacramento, CA 95811, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Lumens may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Lumens will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Lumens will pay you: (x) the amount awarded by the arbitrator, if any, (y) the last written settlement amount offered by Lumens in settlement of the dispute prior to the arbitrator’s award; or (z) $1,000.00, whichever is greater. 

21.5 - Fees. In the event that you commence arbitration in accordance with these Terms and your claim for damages does not exceed US$25,000, Lumens will pay all filing, administrative, and arbitrator fees set forth in the AAA rules. If your claim is for US$25,000 or more, or if the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)) then the payment of all arbitration fees will be governed by the AAA Rules. 

Unless you and Lumens agree otherwise, any arbitration hearings will take place at a location to be agreed upon in your jurisdiction of residence, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules.  

Lumens will not seek, and hereby waives, all rights it may have under applicable law to recover attorneys’ fees and legal expenses if it prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Lumens for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and legal expenses to the extent provided under applicable law. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. 

21.6 - No Class Actions. YOU AND LUMENS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Lumens agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.