Please read these Terms and Conditions (“T&C”) carefully before using this website (the “Website”). You are agreeing to the T&C by using the Website.
The Website and its Content (as further defined below) are owned by Lumiere, Inc. (the “Service Provider”). As used herein, the terms “you” or “yours” refer to the user or viewer of the Website.
The Service Provider reserves the right to change the T& C at any time without notice, and, by using the Website you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use the Website.
Website Use and Consent
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property (“Content”) accessible on or through the Website is the property of the Service Provider and is protected by United States intellectual property laws.
By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and abide by the T&C. Registration by, use of, or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and is in violation of these T&C.
Intellectual Property Rights
Limited License. This Website and its Content is property solely owned by the Service Provider and/or the affiliates or licensors of the Service Provider, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. If you view, purchase, or access the Website or any of its Content, you will be considered the licensee (“Licensee”) of the Service Provider. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
When you purchase or access our Website or any of its Content, you agree that you will not copy, duplicate, or steal the Website or Content. You understand that doing anything with the Website or its Content is contrary to these T&C and the limited license the Service Provider is providing to you. This is considered theft, and the Service Provider reserves the right to prosecute theft to the full extent of the law.
You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give the Service Provider full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
You may not in any way, at any time, use, copy, adapt, imply, or represent that the Website or Content is yours or created by you. By downloading, printing, or otherwise using the Website and Content for personal use, you in no way assume any ownership rights of the Content – it is still property of the Service Provider.
You must receive written permission from the Service Provider before using any of the Website or Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any of the Website Content because that is considered stealing work of the Service Provider.
The Service Provider is granting you a limited license to enjoy the Website and its Content for your own personal use, not for your own business/commercial use or in any use that earns you money, unless the Service Provider gives you written permission that you may do so.
As a Licensee, you understand and acknowledge that the Website and its Content have been developed or obtained by the Service Provider through the investment of significant time, effort and expense, and that the Website and its Content are valuable, special and unique assets of the Service Provider which need to be protected from improper and unauthorized use. The T& C clearly state that you may not use the Website or its Content in a manner that constitutes an infringement of the Service Provider’s rights or that has not been authorized by the Service Provider.
The trademarks and logos displayed on the Website or its Content are trademarks belonging to the Service Provider, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without written permission from the Service Provider. All rights not expressly granted in these terms or any express written license, are reserved by the Service Provider.
You acknowledge that the Service Provider has the right but not the obligation to use any contributions from you and that the Service Provider may elect to cease the use of any such contributions on the Website or Content at any time for any reason.
Request for Permission to Use Content. Any request for written permission to use the Content, or any other intellectual property or property belonging to the Service Provider, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e- mail to firstname.lastname@example.org
The Service Provider’s terms clearly state that you may not use any Content in any way that is contrary to these T&C unless the Service Provider has given you specific written permission to do so. If you are granted permission by the Service Provider, you agree to use the specific Content that the Service Provider allows and ONLY in the ways for which the Service Provider has given written permission. If you choose to use the Content in ways that the Service Provider has not given you specifically by written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Service Provider, and you consent to immediately stop using such Content and to take whatever actions as the Service Provider may request and by the methods and in the time frame that the Service Provider prescribes to protect the intellectual property and ownership rights in the Website and its Content.
Digital Millennium Copyright Act. The Service Provider respects others’ copyright and intellectual property rights. However, if you believe that the Content on this Website infringes upon any copyright owned by you and was posted on the Website without your authorization, you may provide the Service Provider with notice requesting that the Service Provider remove the information from the Website. Any request should only be submitted by you or an agent authorized to act on your behalf to email@example.com.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgment in using the Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse, or non-use of this Website or any of its Content.
You acknowledge that the Service Provider has the right but not the obligation to use any contributions from you and may elect to cease the use of any such contributions on the Website or Content at any time for any reason.
The Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, the Service Provider expressly excludes any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with the Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Medical Disclaimer. The information provided through the Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from the Service Provider. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. You agree that the Service Provider is not responsible for your health, the success or failure of your wellness decisions, or any other result of any kind that you may have as a result of information presented to you through the Website or its Content. You are solely responsible for your results.
Health Disclaimer. The Service Provider cannot and does not guarantee that you will attain a particular result, positive or negative, through the use of the Website or its Content and you accept and understand that results differ for each individual. The Service Provider also expressly disclaims responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through the use of the Website or its Content. You agree that your results are strictly your own and the Service Provider is not liable or responsible in any way for your results.
Legal and Financial Disclaimer. This Website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through the Website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. The Service Provider is not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer, or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation.
THE SERVICE PROVIDER MAKES NO WARRANTIES AS TO THE WEBSITE OR ITS CONTENT. YOU AGREE THAT THE WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE PROVIDER DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. The Service Provider will try to ensure that the availability and delivery of the Website and its Content is uninterrupted and error-free. However, the Service Provider cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, the Service Provider will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, the Service Provider will be not be liable to you for damages or refunds, or for any other recourse, should the Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Website or its Content inaccessible to you.
Errors and Omissions. The Service Provider makes no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information on the Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, the Service Provider cannot be held responsible or accountable for the accuracy of the Service Provider’s content. The Service Provider assumes no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites. The Service Provider may provide links and pointers to other websites maintained by third parties which may take you outside of the Website or its Content. These links are provided for your convenience and the inclusion of any link in the Website or its Content to any other website does not imply the Service Provider’s endorsement, sponsorship, or approval of that website or its owner. The Service Provider does not endorse and is not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in the Website or its Content, or their accuracy or reliability. The Service Provider has no control over the contents or functionality of those websites and so the Service Provider accepts no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies. By purchasing and/or using the Website and its Content in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on this Website.
Limitations on Linking and Framing. You may establish a hypertext link to the Website or Content so long as the link does not state or imply any sponsorship, endorsement, or ownership with the Website or Content and does not state or imply that the Service Provider has sponsored, endorsed, or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
By purchasing and/or using our Website and its Content in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on this Website.
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to defend, indemnify and hold harmless the Service Provider, as well as any of the Service Provider’s affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable (collectively, the “Indemnitees”), from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with the Service Provider.
Limitation of Liability. The Service Provider and Indemnitees will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on the Website and its Content. The Service Provider does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. The Service Provider and the Indemnitees do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged in rendering the Website or its Content, or in any way or in any location. In the event that you use the Website or its Content or any other information provided by the Service Provider or affiliated with the Service Provider, the Service Provider assumes no responsibility.
Release of Claims. In no event will the Service Provider or the Indemnitees be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on the Website and its Content, or on those affiliated with the Service Provider in any way, and you hereby release the Service Provider and the Indemnitees from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if the Service Provider or the Indemnitees are expressly advised of the possibility of such damages or difficulties.
Your Conduct. You agree that you will not use the Website or its Conduct in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to the Service Provider.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You must use the Website and its Content for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:
- For fraudulent purposes or in connection with a criminal offence or otherwise conduct any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others
- To send, negatively impact, or infect the Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether or not intended
- To cause annoyance, inconvenience, or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your contributions
- To reproduce, duplicate, copy or resell any part of the Website or its Content in a way that is not in compliance with these T&C or any other agreement with us.
Your participation, correspondence, or business dealings with any affiliate, individual or company found on or through the Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that the Service Provider shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from the Service Provider. The Service Provider has no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through the Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant or Service Provider that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release the Service Provider, its affiliates, the Service Provider’s payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against the Service Provider or them, arising from your purchase through or use of the Website or its Content.
The Service Provider reserves the right in its sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or the Service Provider.
If you have any questions about these T&C, please contact us at firstname.lastname@example.org