Terms and Conditions 2017-05-30T16:34:31+00:00

Terms and Conditions

The following Terms and Conditions (the “Agreement”) between the customer (“you,” “your,” or “user”) and Lumenflex Inc. (“Lumenflex,” “we,” “our,” or “us”) that govern the use of this website and its applications (“Site”) and all services and products we provide (“Services”).

By accessing and using the Site and Services, and/or by purchasing Lumenflex products, you are indicating that you accept and agree to comply with all the terms of this Agreement. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS THIS SITE OR PURCHASE PRODUCTS FROM THE SITE OR USE ANY OF ITS SERVICES.

1. Changes to Terms or Privacy Policy; Additional Policies

Lumenflex reserves the right to add to, change, or remove any portion of this Agreement at any time without prior notice. It is the user’s responsibility to review the Agreement to ensure that user is familiar with the most current versions. If the user finds our terms or policies unacceptable, please do not use the website any further. Accessing the Site or Service after any such changes have been posted indicates acceptance of the changes, even if the user has not reviewed them.

Please note that our Privacy Policy is incorporated by reference into this Agreement as if fully set forth herein. Likewise, our Payment and Order Policy, Warranty and Liability Policy, Exchange Policy, Returns Policy, Shipping Policy, and Product Warnings (collectively, “Conditions of Sale Policies”) are all hereby incorporated by reference into this Agreement as if fully set forth herein. Similarly, please be advised that our Privacy Policy and Conditions of Sale Policies are similarly subject to change at any time without prior notice and that accessing the Site or Services after any such changes have been posted likewise indicates acceptance of the changes, even if the use has not reviewed them.

2. Eligibility

Our Site is designed for individuals who are at least 18 years of age. By using the Site, you represent that you are at least 18 year old. While the Site and Services are not directed to children, if you are a minor between the ages of 13 and 17, you may use this Site and the Services only with the consent of your parent or legal guardian. If you are below the age of 13, you may not use this Site or the Services.

Further, you represent, acknowledge and agree that: (a) all account registration information that you submit (including but not limited to payment information, if any) is truthful and accurate; (b) you will maintain the accuracy of such information and keep such information up-to-date; and (c) your use of the Site and/or Services does not violate any applicable laws, rules or regulations. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind yourself and the child to this Agreement and to fully indemnify and hold harmless Lumenflex Inc. if you or your child breaches or disaffirms any term or condition of this Agreement.

We may terminate your use of the Site and the Services without notice if we believe (i) you are between the ages of 13 and 17 and using the Site without the permission of your parent or guardian, (ii) you are under the age of 13 using the Site and the Services, (iii) you have provided us with account registration information that is untruthful or inaccurate in any material respect, or (iv) your use of this website violates any applicable law, rules, or regulations

In order to protect the integrity of our Site and Services, Lumenflex also reserves the right to block visitors from certain IP addresses from accessing the Site.

3. License for Website Use

Subject to your compliance with this Agreement, we grant the user a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of the Site or its contents. Any collection and use of any product listings, descriptions, or prices, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools is strictly forbidden.

Unless for personal, non-commercial use, you acknowledge and agree that you do not have the right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any content or materials on the Site in any manner.

This limited license terminates automatically, without notice to you if you breach any of term of this Agreement. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed materials.

4. Products and Pricing

We refer you to our Conditions of Sale Policies for additional terms and conditions that govern the purchase and use of our products.

5. Intellectual Property Rights

Lumenflex takes its intellectual property rights seriously. We believe in patents, trademarks, copyrights, and trade secrets. We know that they represent important corporate assets and we take all appropriate steps to protect, and enforce our rights under the intellectual property laws. Lumenflex may, in appropriate circumstances and at our discretion, terminate service, and/or access to the Site for users who infringe the intellectual property rights of others.

The Site and its contents are the sole and exclusive property of Lumenflex, Inc. and/or its suppliers and are protected by copyright in the domestic United States and overseas by domestic and foreign laws and treaties. Other items, including product names, domain names and Lumenflex slogans, logos, or otherwise, are the subject of common law or federally registered trademark law. Lumenflex reserves all rights in the Site and its content not specifically granted in any separate written agreements or under this Agreement. Neither use of the Site or Services nor purchase of any product by you is intended to transfer any such rights, in whole in part, to you and no such transfer shall be inferred. Any unauthorized use, except in accordance with this Agreement , may constitute infringement and may be actionable by law.

6. User Submissions and Comments

You are permitted to post reviews, comments, videos and photos on the Site’s blog, and submit suggestions, ideas, comments, questions, or other information through email, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. You understand that if you include your email address in any public posting to the website, that you may receive unsolicited emails for which we bear no responsibility. You have full responsibility for each submission or posting on the site, including its legality, reliability, appropriateness, and trademark and copyright ownership. You shall be solely liable for any damage resulting from any infringement of proprietary rights or any other harm resulting from any submission that you make.

If you do post content or submit material, and unless we indicate otherwise, you grant Lumenflex a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Lumenflex the right to use the name that you submit in connection with such content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity. Lumenflex has the right, in its sole discretion, to edit or remove content, and to restrict or prohibit a user from posting on the Site, for any reason.

By posting on the Site, you represent and warrant that: (i) you own all submissions posted by you on or through this site or otherwise have the right to grant the ownership to Lumenflex as set forth in this section, and (ii) the posting of your submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any submissions posted by you to or through the Site, including costs and reasonable attorney fees incurred by Lumenflex in connection therewith.

7. Unauthorized Activities and Uses

When using this Site and/or the Services, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of such solicitation.
  • Use any robot, spider, scraper, or other automated device, program, algorithm, or methodology to access or monitor any portion of the Service or Site content.
  • Gain unauthorized access to any portion of the Site or the Services by hacking, password mining, or any other illegitimate means.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.

This list of prohibitions provides examples and is not complete or exclusive. Lumenflex reserves the right to (a) terminate your access to your account or your ability to post to this Site and (b) refuse, delete, edit, or remove any submissions, with or without cause and with or without notice, for any reason, or for any action we determine is inappropriate or disruptive to this site or to any other user of the Site and/or Services on the site. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, Lumenflex will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this website.

8. International Use

Lumenflex makes no representation that the Site or Services are appropriate or available for use in the country, geographic area, or jurisdiction where the user is located, and accessing the Site or Services from territories where any of the website material may be illegal is prohibited. The user is responsible for compliance with local laws when the user accesses and uses the Site and Services.

9. Indemnification

By using the Site and/or Services, you hereby agree to indemnify, defend, release, and hold Lumenflex and its officers, directors, employees, affiliates, contractors, agents, and business partners harmless from and against any and all costs, fines, damages, liabilities, and expenses Lumenflex or any other indemnified party suffers (including costs and reasonable attorney fees) from any claim or demand from a third party that arises out of or relates to:

(i) use of this Site or Services by you, anyone acting on your behalf or at direction, or any person using your user name and/or password, violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party;

(ii) your breach of this Agreement, including, without limitation, any representation or warranty by you contained in this Agreement;

(iii) your access to or use of the Site or Services;

(iv) your provision to Lumenflex of information or other data; or

(v) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.

10. Disputes

This Agreement and any litigation or other legal proceedings between Lumenflex and the user shall be governed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.

The State of Texas will have exclusive jurisdiction over any claim arising from, or related to, your use of the Site or Services, and our products.

By using the Site or Services, or by purchasing any product, you irrevocably submit to the exclusive jurisdiction of the court of the State of Texas in connection with all such claims. Should a Texas court find there is no jurisdiction or choose not to exercise such jurisdiction, or should another court of competent jurisdiction exercise jurisdiction over such claims,we retain the right to prosecute against you and/or defend proceedings by you in such court as shall have and exercise jurisdiction thereover.

11. Violation of Terms

If Lumenflex becomes aware that you have violated any terms of this Agreement, Lumenflex may alter or limit your access to the website without notice, and remove any information or content you have submitted to the website. We prefer to advise you of your inappropriate behavior and recommend corrective action. However, certain violations of theses terms, as determined by Lumenflex, may require our immediate termination or suspension of your access to the Site or Services. If Lumenflex has been injured by your violation, we may, in our sole discretion, seek to recover damages, including costs and reasonable attorney fees.

12. Miscellaneous

This Agreement is fully binding on you, on any person on whose behalf you use the Site or Services, and any person who uses the Site or Services on your behalf or at your direction.

In the event that a force majeure occurrence prevents or delays Lumenflex from fulfilling any of its performance obligations, Lumenflex shall be excused from performance for the duration of such occurrence.

Any captions used in this Agreement are simply for convenience and shall not be given legal effect.

In the event that any term or provision in this Agreement is deemed illegal or unenforceable for any reason, then all other terms and provisions herein shall, in so far as possible, remain in full force and effect and (i) the offending term or provision shall be construed so as to render it enforceable, consistent with the intent of this Agreement, or (ii) should such construction not be possible, then the Agreement shall be construed as if the offending term or provision were not part of the Agreement.

The information provided by Lumenflex on this Site is for general informational purposes only. If you have questions about your obligations under this Agreement or any law, statute, regulation, or requirement expressly or implicitly referenced in the Lumenflex, Inc. website, or otherwise, please consult legal counsel.

13. Questions, Concerns, or Comments

If you have any questions or comments about these Terms and Conditions, please email us or call +1 512-686-0965 (Mon to Fri, 8:30 AM to 6:00 PM CST).

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