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Terms Of Use

Last Revised: January 25, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL THE DESCRIBED TERMS AND ALL TERMS IMPLIED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of LUMITEA LLC (hereafter referred to as "LumiTea"), including Lumitea.com and any other online service or mobile application where these Terms of Use are posted. If you are using the Site on behalf of any entity, you authorize that you may accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and LumiTea for violations of these Terms of Use. This agreement contains disclaimers and other provisions that limit our liability to you.

Should there be a conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Site, these Terms of Use will supersede. Third party and exterior sites have terms and conditions of use applicable to that Site that will govern your use of that Site.


LumiTea reserves the right to change or modify, in its sole discretion, these Terms of Use or any statement or guideline of the Site at any time. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive advance notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.


Eligibility, Registration and Account

This Site is not intended for or targeted towards anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Site under parental or legal guardian supervision who agrees to be bound by these Terms of Use.

Certain participation in areas of our Site may require you to register for an account. You agree to (a) create only one account; (b) provide correct, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others; (e) promptly notify LumiTea if you discover or otherwise suspect any security breaches relating to the Site; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.


Privacy

Please read the Privacy Statement carefully to understand how LumiTea collects, uses and discloses personal data from its users.

Terms of Sale

All sales from the Site are governed by LumiTea Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products from LumiTea. By ordering products through our Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in LumiTea' sole discretion, so you should review the Terms of Sale each time you make a purchase.

 

Product Sales and Availability

All prices for products displayed on the Site are quoted in U.S. Dollars. LumiTea reserves the right without prior notice to discontinue or change specifications on products and services offered on the Site without incurring any obligations, effective at the time the change is posted on the Site. Please refer to our Returns & Exchange policy for additional information that applies to purchases made through our Site.


Site Disclaimer

The materials and information on the Site may include technical inaccuracies or typographical errors. The materials, information and services on the Site are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, LumiTea disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and the information, content and materials contained therein.

Copyright and Limited License

The Site and all content and other materials therein, including, but not limited to, the LumiTea logo and all designs, text, graphics, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the property of LumiTea and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Site or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein, without the prior written consent of LumiTea, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

Digital Millennium Copyright Act (“DMCA”) Notice

If you believe any material available via the Site infringes a copyright you own or control, you may file a notification with our Designated Agent as set forth below:

LumiTea Customer Service

shop@lumitea.com 

 

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer due to our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

In accordance with the DMCA and other applicable law, LumiTea reserves the right to terminate, in its sole discretion, users who are deemed to be repeat infringers. LumiTea may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, with or without repeat infringement.


Trademark Information

LumiTea and the LumiTea logo are registered trademarks of LumiTea.
All other LumiTea trademarks, service marks, domain names, logos, company names, product names, and indicia of origin on the Site are either trademarks, service marks, domain names, logos, company names, product names, or indicia of origin or are otherwise the property of LumiTea. In countries where any of the LumiTea trademarks, service marks, domain names, logos, company names, product names, or indicia of origin are not registered, LumiTea claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names, product names, and indicia of origin. Other product or company names referred to on the Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, product name, trade name or indicia of origin of LumiTea or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, product name, trade name or indicia of origin.

All rights not expressly granted are reserved.


Restrictions on Use

The Site may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Site ("User Content"). By using the Site, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:

 

a.Any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);

b. User Content that is unlawful, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;

c. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you certify that you have the lawful right to post such User Content;

d. User Content that impersonates any person or entity, or otherwise misrepresents your identity or affiliation with another person or entity;

e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;

f. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;

g. Viruses, Spyware, Trojan horses, “Easter Eggs” or any other harmful, disruptive or destructive files; and

h. User Content that, in the sole judgment of LumiTea, is objectionable, restricts or inhibits any other person from using or enjoying the Site, or which damages the image or rights of LumiTea, other users or third parties.

 

LumiTea does not control, take responsibility for, or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is LumiTea liable for any user conduct or any mistakes, misrepresentation, defamation, slander, libel, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community spaces for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Site and agree to use the interactive areas at your own risk.


If you become aware of User Content that you believe violates these Terms of Use (with the exception of copyright infringement which is addressed in the Digital Millennium Copyright Act Notice section), you may report it to shop@lumitea.com.  LumiTea reserves the right to enforce these Terms of Use in our sole discretion; absence of enforcement in some instances does not condone any violation or constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not guarantee or promise that the Site will not contain any content that is prohibited by these Terms of Use. Although LumiTea has no obligation to screen, edit or monitor any of the User Content posted on the Site, LumiTea reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Site at any time and for any reason without prior notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense.

If you are viewing the Site on a public computer or are using a computer to which multiple people have potential access, be sure to sufficiently disconnect and log off the Site and the computer system you are using to prevent unauthorized User Content.


License to User Content

You warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to your User Content or otherwise have the right to grant the rights to LumiTea that you grant herein. LumiTea claims no ownership or control over any User Content, except as otherwise provided herein, either on the Site or in a separate agreement. However, by submitting or posting User Content on the Site, or by posting User Content on your own website or social media accounts featuring LumiTea products or promotion, you grant LumiTea and its designees a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with it. By posting User Content on our Site or by posting User Content on your own website or social media accounts featuring LumiTea products or promotion, you hereby release LumiTea and its agents and employees from any claims that the use of it, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.


Submission of Ideas

Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, plans, ideas, and otherwise original or creative materials or other information about LumiTea, our Site and our products (collectively, "Ideas"). Ideas, whether posted to the Site or provided to LumiTea by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. LumiTea shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be compensated or continue to own or claim rights in them.

 

Links

You are granted a limited, non-exclusive right to create text hyperlinks to the Site for noncommercial purposes, provided such links do not portray LumiTea in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Site does not contain any obscene or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time without prior notice. In addition, you may not use LumiTea’s logo or other proprietary graphics to link to our Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any LumiTea trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent.

Limitation on Liability

To the maximum extent permitted by applicable law, LumiTea and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from LumiTea, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from force majeure, communications failure, theft, destruction or unauthorized access to LumiTea's records, programs or services. In no event shall the aggregate liability of LumiTea, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site exceed any compensation you pay, if any, to LumiTea for access to or use of the Site. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.


Indemnification

You agree to indemnify and hold harmless LumiTea, its and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.


Modifications to the Site

LumiTea reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that LumiTea will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

Jurisdiction and Compliance with Laws

Access to and use of the Site and these Terms of Use are governed by U. S. federal law and/or the laws of the State of Florida, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Site or these Terms of Use shall be instituted only in a state or federal court located in Miami Dade County, Florida. You and LumiTea agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.


Termination

Notwithstanding any of these Terms of Use, LumiTea reserves the right, without prior notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site.


Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.


Contact Us

Please feel free to contact us with any comments, questions or suggestions you might have regarding the Terms of Use or products on the Site.

You may contact us at:

 

LumiTea  LLC

Customer Service

shop@lumitea.com

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