TERMS AND CONDITIONS OF SALE
PLEASE READ THE TERMS OF SALE CAREFULLY BEFORE PURCHASING OUR PRODUCTS. BY PURCHASING PRODUCTS FROM LUMOS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS. YOU ARE ALSO REPRESENTING AND WARRANTING THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR PLACE OF RESIDENCE TO PURCHASE AND USE OUR PRODUCTS. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT PURCHASE LUMOS’S PRODUCTS. Our online store and the products offered in our online store are for retail sales to private consumers only and not for resale. If you are interested in wholesale or distribution of our products, please contact Lumos at: email@example.com
2. PAYMENT By providing a payment card, you represent and warrant that you are authorized to use the payment card and that you authorize Stripe—our third party payment processor—to charge your payment card for the total amount of your order (including all applicable taxes and other charges). If the payment information you supply us is rejected or we cannot otherwise process your transaction, your order may be canceled, suspended, or delayed. It is your responsibility to resolve any payment problems Lumos encounters while processing your order. If you wish to alter, amend, or change your payment information, you can do so at any time by emailing us at firstname.lastname@example.org
3. AVAILABILITY AND PRICING
All Products offered on Lumos’s site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain products without prior notice. Prices for our products are subject to change at any time, but changes will not affect any order(s) you have already placed.
Prices for the products offered for sale in our online store do not include shipping costs. Our delivery charges and methods are as described on our website from time to time. Title for products purchased from our online store passes to the purchaser at the time of delivery by Lumos to the freight carrier, but Lumos and/or the freight carrier will be responsible for any product loss or damage that occurs when the product is in transit to you.
The Products available on the Store have been designed, marketed and sold for use by residents of the United States. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. You are responsible for complying with all applicable laws and regulations of the country for which the product is destined. We are not liable or responsible if you break any such law.
If you want to return or exchange anything you bought from us, NO PROBLEM! You have 30 days from the date of shipping to make sure what you ordered from Lumos is right for you. If you aren’t 100% satisfied with your purchase, you can return your order for a refund, store credit, or exchange it for the right size. Your choice.
Any product you return needs to be in new condition and with the original tags or packaging. You are responsible for return shipping and any damage that might occur on the way back. Pack it with care like we do. Lumos reserves the right, at our sole discretion, to determine whether a returned product is in new condition.
6. LIMITED WARRANTY
Lumos warrants all products sold by Lumos to be free of defects in material and workmanship for a period of one (1) year from the date of purchase unless otherwise specified on the product. If a product is found to be defective by Lumos, in its sole discretion, Lumos’s only responsibility will be to replace the defective product. Lumos will not be responsible for any costs, losses or damages incurred because of the loss or use of any of its products, and Lumos specifically disclaims all claims for consequential and incidental damages.
This limited warranty is subject to several important restrictions:
- This limited warranty only applies to products purchased directly from Lumos or from an Lumos Authorized Reseller.
- This limited warranty is valid only for the original purchaser of a product, and it cannot be transferred to another person upon the sale, lease, or transfer of the product.
- This limited warranty does not cover normal wear and tear.
- This limited warranty does not apply to anything other than defects in the manufacturing and workmanship of the product.
- The limited warranty is waived if you seek to repair the product using anything other than approved Lumos products and services, or if you seek to combine the product with any third party product (like sealants, cameras, or custom helmet pads).
If, upon its inspection, Lumos discovers that you have modified, changed, or altered the product in any way, this limited warranty is waived.
Lumos gives no warranty regarding the life of the batteries used in its products. Actual battery life may vary depending on a number of factors, including the configuration and usage of a product.
You use our products is at your own discretion and risk. You will be solely responsible for (and Lumos disclaims) any and all loss, liability or damages resulting from your use of our products , including loss of life, personal injury, or the loss of or damage to computer, mobile device, and all other property. Lumos does not guarantee or promise any specific level of performance or battery life associated with the use of its products or any feature of them.
ALL WARRANTIES IMPLIED BY STATE LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY LIMITED TO THE DURATION OF THE LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WITH THE EXCEPTION OF ANY WARRANTIES IMPLIED BY STATE LAW AS HEREBY LIMITED, THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, AGREEMENTS AND SIMILAR OBLIGATIONS OF MANUFACTURER OR SELLER.
7. DATA COLLECTION
Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) LUMOS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF INBOAR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) LUMOS’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO LUMOS OR LUMOS’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. LUMOS DISCLAIMS ALL LIABILITY OF ANY KIND OF LUMOS’S LICENSORS AND SUPPLIERS.
Any dispute relating in any way to your use of the products or these Terms and Conditions, shall be submitted to confidential arbitration in Massachusetts, U.S.A., except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Massachusetts. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the sale or use of Lumos’s products or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future or other waiver.
10. CHOICE OF LAW
All matters relating to these Terms and Conditions and any dispute or claim arising under or relating to the products or these Terms, shall be governed by and construed in accordance with the internal laws of the state of Massachusetts, U.S.A. without giving effect to any choice of law provision of rule (whether of the state of New York or any other jurisdiction.)
11. FORCE MAJEURE
You agree that Lumos is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms and Conditions are deemed to conflict with each other’s operation, Lumos shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms and Conditions as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms and Conditions or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under these Terms and Conditions to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms and Conditions to any other party at our discretion.
15. CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Lumos must be addressed to our agent for notice and sent via certified mail to: [Note to Lumos: Please insert address for correspondence]. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
LAST UPDATED: October 14th, 2015
Users of our app and our site must be 18 or above. If you are under the age of 18 please stop using our Site and Service immediately.
When creating a Lumos Account, you will be asked to designate a preferred payment method. Lumos does not collect or retain payment card information. Instead, our payment processing partner— Stripe —handles payments on our behalf.
END USER LICENSE AGREEMENT
The use of the Lumos App is governed by the following end user license agreement. By downloading and using the App, you acknowledge that this end user license agreement is between you and Lumos, not Apple, and that Lumos, not Apple, is solely responsible for the App.
- Modification: Lumos reserves the right, at any time, to modify, suspend, or discontinue the Lumos Services or the App or any part thereof with or without notice. In the future we may offer additional services, features, functionalities and in-app purchases. You agree that Lumos will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Lumos Services or the App or any part thereof.
- Ownership: The App provided to you is licensed to you and not sold. Lumos (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Lumos Services and the App. These Terms of Service are not a sale and they do not convey to you any rights of ownership in or related to the App. The Lumos name, logo, and the product names associated with the Lumos Service belong to Lumos, Inc. (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Lumos (and its licensors, where applicable) reserve all rights not granted in this Agreement.
Certain features of the Lumos App or Site allow you to post, submit, publish, share, store, or manage (a) ideas, opinions, recommendations, data and information, including Information and (b) literary, artistic, musical, or other content, such as photos and videos (both “Content”). By posting or publishing Content, you represent and warrant to us that you have all necessary rights to distribute Content to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the Content. You further represent and warrant that none of the Content you post or publish contains financial, privileged, confidential, personally identifiable or personal information of any kind whatsoever. You hereby grant to Lumos and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the Agreement), sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit information and Content as we in our sole and absolute discretion deem appropriate to perform and to promote (subject to your account settings) the Lumos Service, App or Site and in accordance with these Terms of Service. This license ends when you disable the Content or your account, unless Content has been shared with others and they have not deleted it.
You further acknowledge and agree that we will own all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the Lumos Service, App or Site. We acknowledge and agree that, as between you and Lumos, you will own all right, title, and interest in and to Content you provide.
THIRD PARTY SERVICES AND CONTENT
USE OF LUMOS SERVICES, APP AND SITE
You are solely responsible for your use of the Services, App or Site, and for any use of Lumos Services, App or Site made using your account. You agree not to access, copy, or otherwise use Lumos Services, the App or the Site, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Lumos. Without limiting the generality of the foregoing:
- You will not copy, distribute or disclose any part of the App, Site or any Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not use the App, Site or any Service to defraud or attempt to defraud Lumos, its partners and service providers, or any other party in connection with your use of the App, Site, or the Service;
- You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App, Site or any Service in a manner that sends more request messages to Lumos servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Lumos grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the App, Site, or any Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not upload invalid data, viruses, worms or other software agents through the App, Site, or any Service;
- You will not collect or harvest any personally identifiable information, including account names, from the App, Site, or any Service;
- You will not access the App, Site or any Service through any technology or means other than those provided or authorized by Lumos;
- You agree not to stalk, harass, bully or harm another individual who uses our App, Site or any Service;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree to use our App, Site and any Service only in a safe manner and in compliance with all laws, you explicitly agree that you will not use the App, Site, or any Service for any criminal communications or for transmitting any child pornography;
- You agree that you will not hold Lumos responsible for your use of our App, Site or any Service;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Lumos;
- You agree not to interfere with or disrupt the App, Site, or any Service;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate Content;
- You agree to not violate any law or regulation and you are responsible for such violations;
- You will not use our App, Site or any Service to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; and you will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our App, Site, or Services may at our discretion be terminated or suspended.
PAYMENTS AND REFUNDS
If you order our products or services using our site, please see our terms of sale [http://www.lumoshelmet.co/terms.html] for additional details on payment terms and our warranty policy.
SOFTWARE AND SITE AVAILABILITY
We do not guarantee that the App, Site or Services will always be available, work, or be accessible at any particular time. Only users who are eligible to use our App, Site or Services may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the App, Site or Services will work as advertised, or that it will give you the desired results.
You agree that you are responsible for all taxes and fees associated with your use of the App, Site and any Service. Although we may deduct nexus taxes or other taxes, you agree that if we do not, you will pay any associated taxes, levies, or fees.
COMPLIANCE WITH ALL LAWS AND REGULATIONS
Lumos is not responsible for your violation of any laws while using our App, Site and Services. Users must comply with all local, state, or federal laws regarding your use of our App, Site and Services. Our App, Site and Services are void where prohibited.
INTELLECTUAL PROPERTY RIGHTS
The design of the App, Site and Services, along with Lumos created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Lumos, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Lumos reserves all rights not expressly granted in and to the App, Site and Services. You agree to not engage in the use, copying, or distribution anything contained within the App, Site or Services unless we have given express written permission.
REPRESENTATIONS AND WARRANTIES
OUR APP, SITE AND/OR SERVICES ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR APP, SITE OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR APP, SITE OR SERVICES MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR APP, SITE OR SERVICES, MERCHANTABILITY OF OUR APP, SITE OR SERVICES OR THAT OUR APP, SITE OR SERVICES ARE NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP, SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE APP, SITE OR SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE APP, SITE OR SERVICES WILL BE CORRECTED, OR THAT THE APP, SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. LUMOS IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR APP, SITE AND SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APP, SITE OR SERVICE. LIMITATION OF LIABILITY
IN NO EVENT SHALL LUMOS ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE APP, SITE OR SERVICES OR ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, SITE OR SERVICES, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP, SITE OR SERVICES TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OR INCLUDED IN OUR APP, SITE AND SERVICES, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR APP, SITE OR SERVICES FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR APP, SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LUMOS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE AND SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, SOFTWARE, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Lumos, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Lumos App, Site and/or Services;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that any of your Content caused damage to a third party.