Lumenati | Terms of Use

Lumenati, Inc. Web Site Terms and Conditions

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF Lumenati, INC. ("Lumenati"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY ALL OF THE TERMS SET FORTH BELOW.

General Use Restrictions

This Site and all information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (collectively, the "Materials"), are made available by Lumenati solely for your personal, non-commercial use. You agree not to (i) alter or remove any trademarks, copyrights, or other proprietary notices appearing on this Site, or (ii) modify, copy, distribute, reproduce, frame, upload or otherwise commercially exploit any Material appear on this Site without the prior written consent of Lumenati. No intellectual property or other rights in and to the Materials and/or this Site, other than the limited right set forth above, are granted to you. Any other use of the Site and/or Materials is strictly prohibited. Except for the license expressly stated herein, no right, title or interest in or to the Site and/or Materials is granted to you on any legal basis or under any legal theory.

Disclaimer of Warranty

This Site may include certain errors, omissions, inaccuracies or typographical errors which may affect the quality of the Materials. Lumenati has no liability for any errors, omissions inaccuracies or typographical errors in the Materials. Lumenati MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY TYPE OR KIND WITH RESPECT TO THE SITE AND/OR MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Lumenati SHALL NOT BE LIABLE FOR ANY AMOUNTS OR DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THE SITE. IN NO EVENT SHALL Lumenati BE LIABLE FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF Lumenati HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USING THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

Additional Rights

Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Compliance with Laws

You agree to comply with all applicable international, federal, state, and local laws, rules and regulations in connection with your use of the Site and Materials.

Trademarks

Lumenati is a trademark or registered trademark of Lumenati in the United States and other countries. Lumenati Trademarks, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Lumenati. Any such trademarks must be identified as trademarks of Lumenati using the appropriate symbol (* or ®) at the first occurrence in any published communications, printed or electronic, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, the trademarks must also be listed and identified as the property of Lumenati in a footnote at the end of the communication. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

General

Lumenati may make improvements and/or changes to this Site at any time without notice. Lumenati reserves the right to revise these Terms at any time without notice by posting an updated version of these terms. The performance, interpretation and construction of these Terms will be governed by California law, without regard to the choice or conflicts of law provisions. You agree to submit to the jurisdiction of the federal and state courts located in Santa Clara County, in the State of California, for the resolution of all actions arising out of or relating to these Terms and/or your use of the Site. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of Lumenati and all other provisions shall remain in full force and effect. The failure of Lumenati to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lumenati in writing. These Terms comprise the entire agreement between you and Lumenati and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.