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Lumio Eyewear allows use of this website, our applications and other tools including the products advertised on our website, under the agreement that the terms and conditions in this contract must be abided by at all times. These terms are legally binding and by agreeing to them, you acknowledge that misuse of our services or willfully breaking the rules set forth in this contract can leave you open to punitive action such as but not limited to; suspension or deletion of your account, restricted access to your account, and legal action taken in cases of extreme or harmful violations.

This policy may be updated on occasion, so we suggest that you revise this contract occasionally so that you are aware of the current terms and conditions. Your continued use of our services after an update will be considered an acceptance to the revised terms.

 

Licensing

Once you accept the terms and conditions of this policy, and continue to abide by them, you will be granted permission to use our services. This permission is limited, non-transferrable, non-exclusive, and not subject to sub licensing.

 

Terms

Our terms regarding our Privacy Policy, our Copyright Policy, and our Compliance Policy are part of the conditions of using our services and will be explained in full below. Please refer to them if further clarification is needed.

 

Disclaimer

There may be some instances where our service is unavailable. While we try to ensure that our users have access at all times, this is not always possible due to certain circumstances. We cannot guarantee that our services will be uninterrupted and error free at all times. In these instances, we cannot be held responsible for any damages to the user.

In the instances where our site is not functioning properly, we will make every effort to return things to normal.

We have the right to change or discontinue any part of our services at any time, with or without prior notice, as we see fit.

If we notice incorrect or incomplete information on our website, we reserve the right to make corrections at any time and without prior notice, even if your order has already been accepted or is currently being processed.

 

Eligibility

Our users must be at least thirteen (13) years old. By using our services, you are agreeing that you meet this minimum age requirement.

Not all parts of our services are made available to everyone, and the eligibility rules may change at any time at our sole discretion.

The use of our services may cause data charges from your provider.

 

Selling areas

Generally, our products will only be sold and shipped to the continental United States. To make a special request for a shipment outside of these parameters, please email us at {company email address} and we will consider your request. Please note that there may be extra fees involved with special request shipping.

 

Sales terms

Once an order has been accepted into our system, your credit card will be charged for the full amount of the order, including taxes and any other fees.

If your order is cancelled or the payment method chosen is declined, we will try to contact you to confirm the cancellation or to ask for another payment method. If a payment method is given using incorrect or expired information and is still processed, we reserve the right to collect payment for said transaction, and you will be liable to pay for any fees that are accrued, up to and including attorney fees, collection fees, unpaid balance fees, and interest.

In the event that you wish to cancel your purchase or make changes to the shipping address, you must make these changes within twelve (12) hours of making the purchase. No changes after 12 hours shall be permitted.

We reserve the right to decline an order from you for any reason and may do so at any time. If payment has already been collected, a refund will be issued.

 

Shipping Policy

Once the package has been given to the carrier, we are no longer responsible for said package. If the package is lost or damaged while in care of the carrier, it is your responsibility to contact them regarding tracking information or potential compensation! We generally use national carriers such as FedEx, UPS and USPS to make our shipments, and we set up shipment within 1-2 business days of accepting your order. Delivery time generally falls within 4-5 business days of the order date.

We recommend that all your items be shipped to a place where they can be immediately secured. Lumio Eyewear cannot be held liable for a package that is intercepted, mishandled or stolen. If a package is left in an unsecured location, such as your doorstep, we are not responsible for sending a replacement product or for issuing a refund. You agree that the shipping address provided is a safe and secure location. We are not responsible for any incorrect or incomplete addresses that are provided with your order. You alone are responsible for any correspondence between you and the carrier on where to leave said package should you not be available to receive package upon delivery.

 

Return Policy

Except where specifically stated, the return policy on our products is that an item must be returned to us within 30 days from the date of purchase, and the product must be in its original condition. Upon return, the product will be inspected to ensure it is in an acceptable return condition and only then will a refund be issued or denied. If the refund is denied, the product will be sent back to you at the address that it was originally shipped to and the refund claim case will be marked as closed. If the item is deemed acceptable for a return, the purchase price will be refunded to whatever form of payment was used to make the original purchase. Shipping and tax charges are not refundable.

 

Conduct

While using our services, you agree to conduct yourself in compliance with the terms and conditions of this agreement. These rules are set in place to protect all users and to create a harmonious experience for everyone. If you violate any of the conduct rules in this policy, you are forfeiting your access to use our services and your rights to your account. The following are the rules of conduct that you agree to follow while using our services:

  • You agree not to post, publish or upload any content or materials that is illegal, or encourage others to engage in illegal behavior
  • You agree not to upload any software that contains viruses, trojans, or other programs that contain malware that will damage the operation of our services or the computers of other users, nor will you embed links or other code that can lead to virus programs.
  • You agree not to post, publish, or upload content that is discriminatory, hateful, obscene, libelous, inappropriate, or otherwise indecent viewing material for all our users.
  • You agree not to engage in behavior that is threatening, abusive, intolerant, sexually charged, unwelcome, or bullying towards other users.
  • You agree not to post, publish or upload any material that is protected under copyright or trademark laws.
  • You agree not to modify, copy, disassemble, or otherwise change or damage any part of our services.
  • You agree not to interfere with others’ use of this service by hacking or deleting their account or attempting to have their account suspended or terminated.
  • You agree not to falsely accuse other users of violating our conduct policy, infringing upon copyrighted or trademarked material, or making other untrue accusations in order to defame the user or interfere with their use of our service.
  • You will not attempt to breach the security of our service by hacking or through other means.
  • You will not attempt collect to the personal and/or contact information of any of our users.
  • You will not submit false, incomplete, or misleading information to us when creating your account of placing an order through our services.
  • You will not register more than one account per user.
  • You will not impersonate any other person, business or entity. This is illegal and any discovery of this may lead to legal action.

While using our services, it is your responsibility to keep your user information private and secure. We cannot be held responsible for any unauthorized use of your account. If your account is accessed by someone not authorized to do so, you will be held accountable if any of the above restricted material has been uploaded under your user name.

You are not entitled to access any part of our service that is not public. Any attempts to override our security measures will result in immediate termination of your account and potential legal action.

We reserve the right to suspend or terminate your account, at our sole discretion, for violation to any of the above terms without giving you prior notice.

 

Submitted Content

Unless otherwise noted, you will retain the rights to any content that you submit to us. You have the freedom to share your content with whomever you please. However, in order to provide our services, we need to have some degree of legal permission to use this content.

Any content that you make available to us through our services will be used by us on our servers. This permission given is non-exclusive, royalty-free, and transferrable. You also agree that we have the permission to modify, make public, copy, or use this content in any way we see fit, but that you still retain all rights to the original content.

You agree that any content you submit to us meets the following requirements:

  • The content does not include confidential or identifying information
  • The content is yours or you have the rights to use it, and that you are not infringing upon third-party copyrights or trademarks
  • All submitted content is accurate and true
  • That we are being granted the permission to use the content in any way we see fit
  • That you are not entitled to any compensation for favors if we use your content

By submitting this content, you are acknowledging that we have no obligation to maintain the material that you have submitted, and that the material can be used or disused at any time.

 

Intellectual Property Policy

All of the material used to create the look and feel of our services is copyrighted and protected by the U.S. copyright and trademark laws. This includes the following:

  • Logos, graphics, button icons, product and service names
  • Color combinations, layouts, designs and other identifying traits

All service marks are our property or the property of their respective owners, and we have been granted permission of their use. You may not use the protected material for any purpose other than as permitted by this Agreement.

Please note that all software, enhancements, updated, and other such modifications to our services is also protected by these copyright laws and are our exclusive property or that of those who have permission or license to use them. By using our services, you are not given any rights to claim these materials under our copyright law.

 

Data Collection

Our collection and use of data are allowable based on your agreement to our terms and conditions policy and enforced upon your use of our services.

 

Enforcement Policy

We have the right to deny portions of our services to users at any time, for any reason, without giving prior notice. Users that repeatedly violate the Copyright act may have their account deleted and legal action may be taken.

Any permission from you to us regarding use of submitted content is ongoing and unbreakable. If your account is suspended or terminated, we reserve the right to continue using any content that you previously submitted.

 

Third-Party Content

There may be links to third-party content on our services. These links are provided for informational and advertising purposes, and we do not claim any affiliation with these third parties. We do not endorse the content on their pages, nor can we be held responsible for any objectionable content on their website, nor any unpleasant experiences associated with your interactions. We also cannot be held responsible for malware or virus that are inadvertently downloaded from their websites.

 

LIABILITY DISCLAIMERS

BY USING OUR SERVICES, YOU ARE ACKNOWLEDGING THAT OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THERE ARE NO WARRANTIES WITH OUR SERVICES REGARDING PERFORMANCE, ACCURACY, SUITABILITY, NON-INFRINGEMENT, OR WARRANTIES REGARDING SERVICES.

YOU ARE USING OUR SERVICES AT YOUR SOLE DISCRETION AND RISK. WE CANNOT PROMISE THAT ALL FEATURES OF OUR SERVICE WILL BE AVAILABLE AT ALL TIMES, AND THAT SERVICES WILL ALWAYS BE UNINTERRUPTED AND ERROR-FREE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT YOUR IDENTIFYING INFORMATION REMAINS SAFE, WE CAN NOT BE HELD RESPONSIBLE IN THE CASE OF A SECURITY BREACH.

LUMIO EYEWEAR, OUR BUSINESS PARTNERS, AND OUR AFFILIATES CANNOT BE HELD LIABLE FOR DAMAGES RELATED TO USE OF OUR SERVICE, NOR SHALL WE BE HELD RESPONSIBLE FOR ANY LOSSES OR OTHER DAMAGES CAUSED BY USE OF OUR SERVICES. YOU AGREE THAT BY USING OUR SERVICES THAT YOU WILL NOT ATTEMPT TO TAKE LEGAL ACTION OR REQUEST COMPENSATION FOR ANY DAMAGES, LOSS OF INFORMATION OR INCONVENIENCES ASSOCIATED WITH USING OUR SERVICES.

THIS DISCLAIMER DOES NOT APPLY TO ANY DAMAGES CAUSED BY US INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THIS AGREEMENT.

SOME JURISDICTIONS MAY NOT ACCEPT THIS DISCLAIMER. IN THIS EVENT, YOU AGREE THAT IF YOU SEEK COMPENSATION THROUGH THE LEGAL SYSTEM, YOU ARE NOT ENTITLED TO ASK FOR DAMAGES IN EXCESS OF $500.00 OR, IN THE CASE OF A REFUND, THE AMOUNT THAT YOU PAID FOR YOUR PRODUCT.

 

Indemnification

You agree to hold harmless our company, as well as any of our affiliates, advertisers and licensors from any type of claims, liabilities, expenses, and judgements including court and attorney fees and litigation costs based on content submitted by you to our servers, your use of our services, your violation of these terms and conditions, or any illegal or unlawful conduct that takes places on our services.

 

Jurisdiction

You agree that any problems arising from the use of our services will be settled via arbitration instead of in a court. The exception is taking your case to a small claims court if your claim qualifies to that venue. Any and all Federal Arbitration laws and acts apply to these terms and conditions.

During arbitration, there is no judge or jury present, and the awarded amount is limited. An arbitrator can make awards to an individual based on the damages incurred. The arbitrator is bound to the terms of this policy the same way a court of law is.

An arbitration proceeding would be conducted by the American Arbitration Association (AAA) and its rules and guidelines would be in effect for the proceedings. Payment for all fees including in an arbitration case will be paid by the filing party.

You agree that by filing an arbitration proceeding, the dispute is between you the user and us Lumio Eyewear, and that you are not entitled to a class action lawsuit. If a claim does proceed to a courtroom setting, both parties have agreed to waive their right to a trial by jury.

By using these services, you agree that Lumio Eyewear is entitled to bring a lawsuit against you for reasons of infringement violation or misuse of intellectual property or violations of trademarked or copyrighted properties.

 

CHILD POLICIES

Our services are not intended for use of individuals under the age of thirteen (13). If it is discovered through identifiable information that a child under age 13 has been using our services, the child’s account will be terminated, and we will make every effort to purge their personal identifying information from our database systems in accordance to the Children’s Online Privacy Protection Act.

There are ways that you as a parent can control and limit the amount of access your child has on the internet by use of parental control settings. More information on how to access these settings can be found publicly online, or by contacting your internet service provider.

 

GENERAL INFORMATION

Severability

If any portion of this agreement is deemed by a court of law to be unlawful or unenforceable, that portion of this policy shall be stricken, and the remainder of this policy is still in effect.

 

Revisions

Occasionally, this agreement may be modified or updated. In these instances, you may be required to re-affirm that you agree to these policies. Continued use of our services after these changes have taken place shall be considered agreement to the new terms.

 

No Partnership

You understand and agree that using our services does not constitute a partnership of any kind between you and us.

 

Assignment

We have the authority to assign some or all our rights under this agreement to any person, business or entity at any time without your consent. However, you do not have the right to sublicense your rights to another party without our express written consent. If you do, your authorization is null and void and is not considered binding. By offering unauthorized rights to a third party, you may have your own account suspended or terminated for non-compliance to these rules.

 

No Waiver

Lumio Eyewear tries to be vigilant with making sure our users uphold the terms and conditions in this contract, but that is not always possible. If at any time our company fails to enforce any of the terms of this agreement, it shall not be considered a waiver of these terms and conditions, and it does not affect future enforcement’s for non-compliance.

 

Notices

Any notices from you given of your own accord or required under this policy will be sent in writing to {company email address}.

 

Dispute Resolutions

By accepting the terms and conditions of this policy, you are acknowledging that non-compliance can cause damage to our services. In order to protect ourselves, we are entitled to hold accountable anyone who violates these terms and seek remedy befitting the situation. This remedy may or may not be financial compensation.

 

Entire Agreement

These terms and conditions encompass the entirety of this agreement between you and Lumio Eyewear regarding the use of our services and supersedes any previous written or oral agreements between the parties involved.

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