Terms of Service
1. Acceptance of Terms
Your Acceptance of These Terms of Use
These Terms of Use apply to all users of the online and mobile website and other applications and platforms (collectively, the “Site”) owned and/or operated by Lumi Home Solutions LLC. By using this Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.
Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us because of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
Your Consent to Other Agreements
When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement.
2. User Eligibility, Obligations, and Access
Age Requirement
You agree that you are more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms of Use, and to abide by and comply with these Terms of Use. The Site is not intended to be used by, or targeted to, anyone under the age of 13 years old. You must be at least 13 years old to use the Site.
Your Access
Lumi Home Solutions LLC hereby grants you permission to use the Site solely for noncommercial and personal use, provided that you: (i) comply with these Terms of Use; (ii) use the Site for lawful and permitted purposes; (iii) do not modify, copy, or distribute the Site or Content, including on any network, computer, or broadcast in any media; (iv) you retain any and all copyright and other proprietary notices contained in the Site or Content; and (v) do not disable or interfere with any security features of the Site.
Your Obligations
In consideration of your use of this Site, you agree that to the extent you provide personal information to Lumi Home Solutions LLC it will be true, accurate, current, and complete and that you will update all personal information, as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You may not use another’s account without permission. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you.
You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us using the information provided below. You may be liable to Lumi Home Solutions LLC for losses due to any unauthorized use of your account.
3. Content and Intellectual Property
Ownership of This Site and Its Content
This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, foreign laws, and international conventions. All Content and intellectual property rights therein are owned by Lumi Home Solutions LLC or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You will not attempt to and do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Responsibility For User-Generated Content (UGC)
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any UGC. This means that you, not Lumi Home Solutions LLC, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others.
You represent and warrant that for all UGC: (i) you own or have all necessary rights, licenses, and permissions to use and grant Lumi Home Solutions LLC authority to use all intellectual property or proprietary rights therein; and (ii) you have the appropriate consent and permission of each identifiable individual in the UGC to use their name, image, and likeness.
Removal of Content
In general. You can seek removal of objectionable UGC by contacting us using the information provided below. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.
Violation of copyrights. Lumi Home Solutions LLC does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
Your Feedback
We will be entitled to reduce to practice, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
4. Third-Party Services and Texting
Texting
You understand and agree that our text messaging program is considered an “other application” under these Terms of Use. Message frequency may vary. Based on consent provided, messages may include marketing, promotional, and or transactional messages. We do not share your SMS opt-in data and consent with third parties for their own marketing purposes. You can unsubscribe at any time from messages by replying STOP. For assistance, reply HELP or visit lumihomesolutions.com/privacy-policy. Your consent to receive text messages is not required to make a purchase. Message and data rates may apply. Please contact your wireless carrier for information about your messaging plan.
You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges. We will not be liable for any delays or failures in your receipt of any SMS or MMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS and MMS message services are provided on an AS-IS basis.
The service and the content and materials received through the service are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality. The service is available only in the United States. Carriers are not liable for delayed or undelivered messages. Message content may not be available on all carriers. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. We may discontinue the service at any time.
Links to Third-Party Websites
This Site may provide links to other websites operated by third parties (i.e., social media websites, vendor pages, websites of other corporations, limited liability companies, etc.). We have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites.
Lumi Home Solutions LLC shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
By installing any third-party application, you are authorizing such third-party application to perform the actions and/or share with the third-party application the information communicated to Lumi Home Solutions LLC or requested from Lumi Home Solutions LLC to perform the actions and/or share with the third-party application the information communicated to Lumi Home Solutions LLC, or requested from Lumi Home Solutions LLC. Lumi Home Solutions LLC is going to send that information through the third-party application, which will then go through the internet. Lumi Home Solutions LLC shall not be held responsible for any dissemination, use, misuse, and/or disclosure of the user's information through use of this or any third-party application.
5. Disclaimers and Limitation of Liability
Disclaimers
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Lumi Home Solutions LLC, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LUMI HOME SOLUTIONS LLC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATED TO AND ASSUMES NO LIABILITY FOR ANY (A) TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ISSUES RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; (D) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERRORS, MISTAKES OR INACCURACIES; (E) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM ACCESS TO OR USE OF THE SITE; AND (F) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS SITE, OUR SERVERS, OR ANY PERSONAL OR SENSITIVE PERSONAL INFORMATION WE STORE.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
LUMI HOME SOLUTIONS LLC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED LUMI HOME SOLUTIONS LLC SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF LUMI HOME SOLUTIONS LLC.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, PARENTS, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW WE, ON BEHALF OF OUR PARENTS, AFFILIATES, DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE OR DATA; LOSS CAUSED BY A VIRUS OR THE LIKE; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; THIRD PARTY CLAIMS; OR OTHER LOSSES.
This Site gives you specific legal rights and you may also have other rights. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall fully apply permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Indemnity
You agree to indemnify, defend and hold harmless Lumi Home Solutions LLC, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another.
6. General Provisions
Governing Law and Jurisdiction
These Terms of Use will be governed under the laws of the State of Arizona without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in the City of Phoenix and County of Maricopa, Arizona. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe an infringement of these Terms of Use is taking place or originating.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Questions
If you have any questions about this Site or these Terms of Use, please contact us using the following information: 480.902.2062 or by email to: contact@lumihomesolutions.com.