Who May Use the Site?
The Site may only be accessed or used by individuals who register to use the Site by providing accurate and truthful identifying information. Lumo nevertheless reserves the right, in its sole discretion, to deny access by any User or to modify, suspend or terminate any User’s access to or use of the Site at any time, for any reason or for no reason, without notice. In no event may this Site be used or linked to by any party charging a fee for access to this Site or for access to any information on the Site without the prior written consent of Lumo.
Each User may be assigned a unique password, permitting such User (and only such User) to access and use authorized portions of the Site. No User shall create more than one account on the Site without the prior written consent of Lumo. You are responsible for maintaining the confidentiality and security of your password, and for any and all use of your password or registration, and all activities relating to your password or account. You agree (a) not to disclose or share your password with any third party, (b) to use your best efforts to prevent any third party from obtaining your password, and (c) to inform us immediately of any actual or potential unauthorized use of or access to your password or to the Site. Passwords are subject to cancellation or suspension and Users may be subject to additional fees upon the misuse of any password.
Acceptable Use of the Site
The Site may only be used for lawful purposes, to obtain information about and access to Lumo’s products and services. This Site also provides a passive platform for those interested in learning about Lumo’s unique and proprietary products and services, to store and retrieve their user data including as collected by various Lumo products and services, and to interact with one another. The content accessed on this site is solely provided for your personal use, general information and convenience, and may not be used for any commercial purpose except as authorized by Lumo.
The information contained in or conveyed by this Site is for informational purposes only. Lumo does not control, and is not responsible, for the accuracy of any information posted on this site by any User. Recipients of this information should not act upon it in any way without consulting their qualified personal medical advisors prior to undertaking any therapeutic program.
Legal Compliance & Posting Limitations.
Users must use the Site in accordance with all applicable international, federal, state and local laws, and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violates any law. For example, Users specifically acknowledge and agree that they may not:
- Post or transmit any message, information, data, text, software or images, or other materials (collectively, “Content”) that violates the trademark, copyright, privacy, confidentiality, publicity, intellectual property, or any other proprietary rights of any person, or that reveals any information that should be known to the User to be confidential or a proprietary.
- Post or transmit Content that is false, misleading, defamatory, obscene, indecent, threatening, harassing, harmful, tortuous or otherwise objectionable or that could constitute an incitement to unlawful conduct.
- Impersonate any person or entity, including without limitation any Lumo employee or agent, or an authorized user of Lumo’s services, or otherwise misrepresent your affiliation with any person or entity.
- Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships
- Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
Site Security and Integrity.
Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Site or its Content in any way, including, without limitation:
- Accessing content, data, features or functionality on the Site for which your password is not authorized or accessing or logging into a server or account that you are not authorized to access.
- Deleting or revising any Content (including, but not limited to, legal notices) posted by Lumo.
- Aggregating, copying or duplicating in any manner or framing of or linking to any of the Content available from the Site.
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way accessed as a part of the Site.
- Taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Lumo on this Site and other than generally available third-party web browsers or online search engines.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. Lumo may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
No Impermissible Commercial Activity.
This Site may not be used for any commercial activity other than those described in the Section entitled “Acceptable Use of the Site,” without the prior written consent of Lumo. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, “spam,” chain letters or any other form of solicitation without the prior written consent of Lumo is strictly prohibited.
No Resale of Content or Services.
Users are strictly prohibited from, and agree to refrain from, reproducing, duplicating, copying, selling, reselling, trading or otherwise distributing or exploiting for any commercial purposes the Site or its Content or any portion thereof, access to or use of the Site or the Content or any portion thereof, or any of the related services offered on the Site.
We also gather and compile information and data about our Users and their usage of the Site on an aggregate basis and in a manner that does not disclose or reveal any personally identifying information about individual Users. You understand, acknowledge and agree that we are the sole owners of all such aggregate data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we deem appropriate so long as it does not contain personally identifiable information about our Users.
Users are solely responsible for any and all content and communications that they post or transmit to the Site or to any User of the Site, as well as for the consequences of such postings and transmissions. Lumo has no obligation to preview, screen, edit or monitor User-submitted content on the Site. Lumo has no control over and takes no responsibility for the truthfulness, accuracy, quality, safety, morality, desirability or legality of any User communications or User-submitted content on the Site. You acknowledge that any reliance on any material or communication posted or transmitted by another User will be at your own risk and subject to your own discretion.
By submitting or posting any content to any area of the Site, you grant Lumo, including its affiliates, licensees, and assigns, the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology whether now known or later developed.
You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for the purposes contemplated by the Site. Subject to the foregoing, the owner of such content placed on the Site retains any and all other rights that may exist in such content which are not otherwise limited or modified by the grant of this license.
Third Party Content and Links.
The Site may provide content and material from, and links and references to, web sites of third parties and other third party resources not controlled by Lumo; We may also rely on such Third Party Content for services to be rendered to You or Us (collectively, “Third Party Content”). Third Party Content specifically includes, but is not limited to, all information and postings by Users. You acknowledge and agree that Lumo neither endorses nor is responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party.
The Site and its contents, including, but not limited to, the Site look and feel, text, graphics, icons, logos, buttons and images and any and all software used on or incorporated in the Site (collectively, the “Site Content”), are protected under United States and international copyright, trademark, patent, trade secret and other laws. All Site Content is the property of Lumo.
The compilation (meaning the collection, arrangement and assembly) of the Site Content is the exclusive property of Lumo and is protected by United States and international copyright laws. Unauthorized use of the Site Content may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Site Content on any copy you make of such material. You may not (a) sell or modify the Site Content; (b) modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site, or (c) reproduce, display, publicly perform, distribute, or otherwise use the Site Content in any way for any public or commercial purpose. The use of the Site Content on any other web site or in a networked computer environment for any purpose is prohibited.
LUMO, LUMOBACK, LIFT, MOTIONMATRIX, GIVE YOUR BODY A VOICE, and all other Lumo trade and service marks, trade names, slogans, tag lines, product and service names, and logos are trade or service marks of Lumo (collectively, the “Lumo Marks”). You agree that you will not, without the prior written consent of Lumo display or use any of Lumo Marks in any manner.
Disclaimer of Warranties.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL SITE CONTENT AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, LUMO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LUMO MAKES NO WARRANTY THAT (I) THE SITE OR ANY RELATED PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR (IV) THAT THE SITE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUMO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE OR ANY SITE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability.
IN NO EVENT SHALL LUMO BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND – INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA – ARISING OUT OF OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER LUMO WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. YOU AGREE TO HOLD LUMO HARMLESS FROM, AND YOU COVENANT NOT TO SUE LUMO FOR, ANY CLAIMS BASED ON YOUR USE OF, OR INABLITY TO USE, THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Copyrights and Copyright Agent.
If you believe any content or material on the Site infringes your copyright, you agree to abide by the notice and take down procedures of the Digital Millennium Copyright Act by contacting our copyright agent and providing the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
The name and contact information of our agent for copyright issues is as follows:
Omid A. Mantashi
DMCA Copyright Agent
360 Grand Ave., Ste. 90
Oakland, CA 94610
These TOU shall be governed by and construed under the laws of the State of California without giving effect to the principles of conflicts of law and without application of the UN Convention on Contracts for the International Sale of Goods. No waiver of rights by either party shall constitute a subsequent waiver of any right under this Agreement and all waivers must be in writing. In the event that any term is held by a court to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of these TOS shall otherwise remain in full force and effect and enforceable. Licensee may not assign these TOU without the prior written consent of Lumo at its sole discretion. This is the complete agreement between the parties hereto concerning the subject matter of this agreement and replaces any prior oral or written communications between the parties with respect thereto.
If you access the Website from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Lumo makes no representation that materials on this site are appropriate or available for use in locations outsides of the United States, and accessing them from territories where their contents are illegal is prohibited.
©2014 Lumo Bodytech, Inc. All rights reserved. Lumo reserves the right to make changes in services, terms, and other information contained in this document without prior notice. The reader should in all cases consult Lumo to determine whether any such changes have been made. Revised January 15, 2014.