Terms and Conditions
Agreement between User and hellolume.com
Welcome to hellolume.com. The hellolume.com website (the "Site") is comprised of various web pages operated by LUME DESIGN LLC ("LUME"). hellolume.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of hellolume.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
hellolume.com is an E-Commerce Site. We design, manufacture and sell consumer products.
Privacy
Your use of hellolume.com is subject to LUME's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting hellolume.com or sending emails to LUME constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LUME is not responsible for third party access to your account that results from theft or misappropriation of your account. LUME and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
LUME does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use hellolume.com only with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your order(s) at any time before it is shipped. For return policy please check out the "FAQ" section of this website or contact support@hellolume.com with any questions.
Links to Third Party Sites/Third Party Services
hellolume.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of LUME and LUME is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LUME is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LUME of the site or any association with its operators.
Certain services made available via hellolume.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the hellolume.com domain, you hereby acknowledge and consent that LUME may share such information and data with any third party with whom LUME has a contractual relationship to provide the requested product, service or functionality on behalf of hellolume.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use hellolume.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to LUME that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of LUME or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LUME content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LUME and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of LUME or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your LUME account to third party accounts. By connecting your LUME account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by LUME from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the LUME Content accessed through hellolume.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless LUME, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. LUME reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LUME in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and LUME 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LUME DESIGN LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LUME DESIGN LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LUME DESIGN LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUME DESIGN LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LUME DESIGN LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
LUME reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LUME as a result of this agreement or use of the Site. LUME's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LUME's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LUME with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LUME with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LUME with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
LUME DESIGN Giveaway Terms & Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
By entering a LUME DESIGN Giveaway (each, a “Sweepstakes”), you will be bound by these Terms & Conditions and you acknowledge that you satisfy all eligibility requirements. “LUME DESIGN” means LUME DESIGN LLC or any of its affiliates.
Eligibility.
Unless specified in Sweepstake announcements, LUME DESIGN giveaways open to individual legal residents of the 50 United States or the District of Columbia who have a LUME DESIGN product and are the older of 18 years of age or the legal age of majority in their state of residence prior to the date of entry. Employees of Sponsor, LUME DESIGN and its affiliates, and their immediate family members are not eligible to participate.
Sponsor.
The Sponsor is the individual or entity offering the Sweepstakes on the Sweepstakes Landing Page. Neither LUME DESIGN nor any of its affiliates is a sponsor of the Sweepstakes.
Prize(s) and Winner Selection Method.
LUME DESIGN will award a prize to one or more individuals who enter at the Sweepstakes point of entry (varied in each giveaway campaign) using the selection method identified below. The Sweepstakes announcement (typically through an email or other online platforms) will specify the how to enter, and when each Sweepstakes begins and ends (which may be sooner than the end dates and times provided depending on the available supply of prizes). Potential winner(s) will be selected at random from among all eligible entries received. Odds of winning depend on the number of eligible entries received. If you are a winner, an email or other online notification will be sent to you.
Prize(s) will be selected by LUME DESIGN and not limited to LUME DESIGN products. Prize(s) will either be delivered using the shipping address you provided for the Sweepstakes. Each winner will be responsible for paying income taxes, customs tax, duty and any other expenses incurred.
Each prize will be awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In some cases the prizes may have been taken out of the package for photography purpose only. If you win a prize, you may not transfer, assign, or redeem the prize for cash. Unless stated otherwise in Sweepstakes announcement, LUME DESIGN has no affiliation to the prize manufacturers and not responsibility to the quality of the products.
Disclosure in Connection with Publicizing Entry.
If you choose to promote your entry via social media or other channels, you should disclose your connection to the Sweepstakes. For example, it may be sufficient to include a statement such as #LumeDesignGiveaway.
Other Sweepstakes.
By entering a Sweepstakes, you will not be eligible to receive any prizes awarded in any other Sweepstakes unless you enter each Sweepstakes separatel
Additional Terms.
LUME DESIGN reserves the right to modify or cancel a Sweepstakes at any time. LUME DESIGN and its affiliates are not responsible for: (a) lost, misdirected, late, or incomplete entries or for inaccurate entry information; (b) any operation or transmission error, theft, unauthorized access to, or alteration of, entries; or (c) damage to any computer or device resulting from downloading Sweepstakes materials. LUME DESIGN may disqualify any individual found to be: (x) tampering with a Sweepstakes; (y) violating these Terms & Conditions; or (z) acting in an unsportsmanlike or disruptive manner or with intent to threaten or harass any person. Incomplete and robotic, automatic, programmed or similar entries will be disqualified. The authorized subscriber of the account used to enter a Sweepstakes at the actual time of entry will be deemed to be the participant and must comply with these Terms & Conditions in the event of a dispute as to entries submitted by multiple users having the same email account.
No greater than the number of prizes stated on the Sweepstakes announcement will be awarded. If any errors occur in the selection of a potential winner, or if more prizes are claimed than specified, LUME DESIGN may award the prize(s) by random drawing from among all eligible claimants. All prizes made available for a Sweepstakes may not be awarded in the event Sponsor or LUME DESIGN does not receive a sufficient number of qualified and eligible entries for an applicable Sweepstakes.
Miscellaneous.
Each Sweepstakes is governed by the laws of the United States. By entering a Sweepstakes, you agree (for yourself and your heirs) that LUME DESIGN, and each of their respective affiliates and agents, and any entity involved in any aspect of the Sweepstakes (all aforementioned parties are collectively, the “Released Parties”) will have no liability, and will be held harmless from and against liability, loss, injury or damage to property or person, including death, and reasonable attorney’s fees and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of a prize or participation in the Sweepstakes, even if caused or contributed to by the negligence of any of the Released Parties. You agree that Sponsor’s decisions related to each Sweepstakes and all distribution of prizes are final. Each winner agrees that, by participating in a Sweepstakes, LUME DESIGN, and their respective affiliates may use the winner’s name in any manner and in any medium for its promotional purposes without additional compensation, including posting in a winner’s list, except where prohibited by law, and LUME DESIGN, and their respective affiliates may be required to disclose the winner’s address to state regulatory authorities.
Changes to Terms
LUME reserves the right, in its sole discretion, to change the Terms under which hellolume.com is offered. The most current version of the Terms will supersede all previous versions. LUME encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
LUME welcomes your questions or comments regarding the Terms. Please reach out to us through the Contact Us form.
Effective as of December 01, 2017