These Terms of Use apply to your access to and use of this and any other website or online media maintained by LumaBridge, LLC (“LumaBridge”, “we”, “us”, or “our”), whether personally or on behalf of an entity (“you”), and concerning the www.lumabridge.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Access to and/or use of the Site are subject to the terms and condition set forth herein and all applicable laws, statutes, and/or regulations. Your access to or use of the Site indicates your acknowledgement that you understand and agree to be bound by these Terms of Use. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Site.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for US audiences only and for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

PRIVACY POLICY

Our Privacy Policy describes how the Site collects information and how that information is used, disclosed, and protected.

CONTENT DISCLAIMER

LumaBridge maintains the Site to provide information about our company and its products and services.

We use reasonable efforts to include accurate and up-to-date information in the Site, but all information is presented “AS IS” and should not be considered free of errors or as a comprehensive information source on a particular topic. LumaBridge makes no warranties or representations as to the accuracy of information presented on the Site and disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non infringement to the full extent permitted by applicable law.

In addition, any information presented on the Site as of a particular date may only be accurate as of such date, and LumaBridge disclaims all responsibility to update such information. LumaBridge shall not be held responsible for any action or inaction taken based on the information and/or material presented on the Site. All users of the Site agree that all access to and use of this Site and/or materials contained in the Site are at the user’s own risk.

Neither LumaBridge nor any of its agents or affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of user’s access, use, or inability to use the Site or for any errors or omissions in the content of the Site.

Features and specifications of products or services described or depicted on the Site are subject to change at any time without notice.

NEWS AND PRESS RELEASES

The Site may contain information, news, and/or press releases about LumaBridge. You acknowledge that we have no duty or obligation to maintain the accuracy of or update any such information, and you agree that your use of and/or reliance on any such information is at your own risk.

COPYRIGHTS, TRADEMARKS, AND INTELLECTUAL PROPERTY RIGHTS

Copyright, trademark, patent, and other applicable laws protect the services and materials appearing on the Site. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or nonhuman means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER CONDUCT

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree to comply with all applicable laws, rules, and regulations. In addition, you agree not to:

• Upload, post, email, transmit, or otherwise make available (or attempt to do so) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, email, transmit, or otherwise make available (or attempt to do so) any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Make any unauthorized use of the Site, including but not limited to collecting information about other users, including email addresses, by electronic or other means;
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
• Take any action that interferes with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
• Make any attempt to gain unauthorized access to any portion or feature of the Site, to any other systems or networks associated with the site, to any of our servers, or to any services offered on or through the Site, including but not limited to, by hacking, password mining, or any other unauthorized means;
• Take any action that interferes with, disrupts, or creates an undue burden on the Site or the networks or services connected to the Site.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use the Site in a manner inconsistent with any applicable laws or regulations.

 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are nonconfidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to do any of the following, at any time, at our sole discretion, with or without notice: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) modify, suspend, or terminate operation of or your access to the Site; (4) modify or change the Site, or any portion of the Site; (5) interrupt the regular operation of the Site, or any portion of the Site, as necessary to perform routine or nonroutine maintenance, to correct errors, or to make other changes to the Site; and (6) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

THIRD-PARTY WEBSITES

The Site may include hyperlinks to websites maintained or controlled by others. LumaBridge is not responsible for and does not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that may be offered at these websites.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

In no event will LumaBridge or anyone else involved in creating, producing, or delivering the Site or the materials, information, software, products, tools, and services included in or available through the Site be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from use of, or inability to use, the Site. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE ONLINE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless LumaBridge and its subsidiaries, affiliates, employees, officers, directors, agents, contractors, servants, insurers, and representatives from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

SEVERABILITY

If any provision of these Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use will remain in full force and effect. Any provision of these Terms of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.

APPLICABLE LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Texas. Any dispute between LumaBridge and you related to these Terms of Use will be resolved exclusively by the state and federal courts of Texas.

The Site can be accessed from the United States and other countries worldwide. Because the laws of each state or country may differ, you agree that the statutes and laws of the State of Texas, without regard to any principles of conflicts of law, will apply to all matters relating to your access to and/or use of the Site.

LumaBridge makes no representation that material on the Site is appropriate or available for use in other locations. Accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Site from other locations do so by their own initiative and are responsible for compliance with local laws.

CONTACT US
LumaBridge
1305 East Houston Street
San Antonio, TX  78205
United States
contact@lumabridge.com

Last updated December 9, 2022