Please read these Terms of Service and the other Agreements described immediately below before registering for, accessing or using any portion of the Lumovest website.
This Contract applies to www.lumovest.com, Lumovest-related sites, apps, communications and other services that state that they are offered by Lumovest (“Services”). Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors, collectively, “Users”.
Lumovest reserves the right to restrict and/or deny access to you for any reason or no reason.
1.2 Members and Visitors
When you register and create an account with Lumovest, you become a Member. If you have chosen not to create an account for our Services, you may access limited features as a Visitor.
1.3 Future Changes
Unless otherwise noted, all of these changes are effective once posted on our Website or by direct communication to you.
Use of our Services is restricted to individuals 18 years of age or older who are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. Individuals under 18 years of age may not use our Services.
You must create the account using real, current and complete information about yourself. Creating an account with false information is a violation of the Terms. Lumovest reserves the right to cancel your membership and decline any current or future use of our Services.
Portions of our Services may have additional requirements. If you do not qualify or do not agree, you may not use our Services.
Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, create an agency relationship, or authorize any party to make or enter into any commitments for or on behalf of any other party.
II. Use of Service
2.1 Account Credentials
Members agree to choose a strong and secure password using a combination of letters, upper & lower cases, numbers, and symbols. You should not use obvious passwords such as your name, your birthday or easy patterns such as 1234.
When creating an account, you must register with a valid email address that belongs to you. You may not register an account using another party’s email address.
You must not share your account credentials, including both email address and password, with others. If you believe there has been any unauthorized use of your account, this must be reported to Lumovest Support as soon as you are aware of such breach.
You must keep your account credentials secure. You will be liable for any use made of your account or password and the losses of Lumovest or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
You agree to receive notices and messages from Lumovest in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. Lumovest is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
2.3 Service Availability
Lumovest may modify, restrict, replace, refuse access to, suspend or discontinue our Services, partially or entirely at our sole discretion.
2.4 Third Parties
Lumovest does not review the veracity, reliability or completeness of any information provided by third parties nor do we endorse any views expressed by third parties.
2.5 Intellectual Property
Lumovest Content (“Content”) means all content or other material, in whole or in part, available through our Services, including but not limited to curriculum structure, syllabus, video lessons, speeches, unique terms, discussions, comments, articles, Excel worksheets, course executive summaries, quizzes, tests, presentation materials, assignments, blog posts, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files.
Lumovest reserves all of its intellectual property rights in the Services. All Lumovest Content provided through our Services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Your use of the Services does not grant you any ownership in our Services or the content or information made available through our Services. In consideration for your agreement to these Terms of Service, Lumovest grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Services solely in accordance with the Agreements.
Portions of the Lumovest Content may no longer be relevant, accurate, valid, applicable, fit, or complete at the current time or in the future and Lumovest neither intends, nor assumes any obligation, to update or revise the said content. You agree that we don’t have the obligation to update Lumovest Content with the latest changes in accounting practices, government regulations, security, company or market-related developments, etc.
You may obtain and use Lumovest Content only for your own personal, non-commercial use in connection with the Services. You may not transfer, retransmit, distribute, publish, commercially exploit or create derivative works of Lumovest Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate any of the Services. Notwithstanding the foregoing, certain lesson materials, reference documents, digital textbooks, articles and other information on the Services may be made available to you with the permission of third parties, and use of that third party material may be subject to each respective third party’s terms and conditions. You agree to abide by all such terms and conditions.
Unless we notify you in writing otherwise, you are not permitted to download video lessons available through your Subscriptions or share (a) full versions of the video lessons and (b) course & lesson materials.
Lumovest logos, trademarks and service marks which may appear on our Services, are the property of Lumovest and are protected under the United States and foreign laws. All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of our Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Lumovest.
2.6 Lumovest Achievements
Certain aspects of our Services may allow you to obtain certain reputational or status achievements, including but not limited to points and badges (“Lumovest Achievements”). You understand and agree that regardless of the terminology used, Lumovest Achievements represents a limited license right governed solely by the terms of this Contract and available for distribution at Lumovest’s sole discretion.
Lumovest Achievements are not redeemable for any sum of money or monetary value from Lumovest at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Lumovest on Lumovest servers, including without limitation any data representing or embodying any or all of your Lumovest Achievements. You agree that Lumovest has the absolute right to manage, regulate, control, modify and/or eliminate Lumovest Achievements as it sees fit in its sole discretion, in any general or specific case, and that Lumovest will have no liability to you based on its exercise of such right. All data on Lumovest’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON LUMOVEST’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN LUMOVEST’S SOLE DISCRETION, WITH OR WITHOUT
NOTICE AND WITH NO LIABILITY OF ANY KIND. LUMOVEST DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON LUMOVEST’S SERVERS.
2.7 User Content
“User Content” includes all content, in whatever format, submitted, posted, contributed, published or distributed on any of our Services by a user, via email, social media and/or our Website, including but not limited to all notes, email messages, private messages, names, questions, answers, comments, posts, Feedback, write-ups, presentations, text, analysis, spreadsheets, pictures, audio, videos and file uploads.
With respect to User Content you submit or otherwise make available in connection with your use of the Services, you agree to grant Lumovest a royalty-free, perpetual, worldwide, irrevocable, fully-transferable, sub-licensable and non-exclusive right to use, copy, modify, translate, distribute, publish, create derivative works from, and process, information and content (in whole or in part) that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others.
If you provide any feedback or suggestions to Lumovest regarding the Services, including without limitation in response to a survey or in connection with a particular User Content (collectively, “Feedback”), Lumovest may use such Feedback for any purpose. Lumovest may or may not incorporate such Feedback into our Services and Lumovest alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and you hereby assign such Feedback to Lumovest free of charge.
You acknowledge that your User Content may be visible to other Users and may include personally identifiable information. You also hereby grant each User of the Services a non-exclusive license to access your User Content through the Services, and to use, display, reproduce and perform such User Content solely as permitted through the functionality of the Services and under this Contract.
Each individual who submits User Content, whether published on our Services or not, is solely responsible for his or her own acts, including the content, context or information in the User Content he or she submits. This means that each individual, and not Lumovest, is entirely responsible for anything and everything he or she posts on the Services. Lumovest does not, and does not intend to, pre-screen any comments posted on its Services, and Lumovest cannot and does not guarantee the accuracy, integrity or quality of anything that may appear on its Site. You agree that we are not responsible for others’ (including other Users’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
To the extent that you provide User Content, you represent, warrant to Lumovest and agree that (a) you have all necessary rights to provide and use such User Content and permit Lumovest to use such User Content as provided above; (b) as between you and Lumovest, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content; (c) such User Content does not and will not infringe or misappropriate any third party rights; (d) such User Content does not include material non-public information (“MNPI”) or in violation of securities laws; and (e) you will not upload, download, display, perform, transmit, or otherwise distribute any Content that is libelous, defamatory, obscene, pornographic, abusive, or threatening; advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers.
You acknowledge that we may screen User Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content without any liability to you. Without limiting the foregoing, we have the right to remove any User Content that violates the Agreements or is otherwise objectionable in our sole discretion. You agree and acknowledge that we may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Service, respond to claims that any User Content violates the rights of third parties, or protect our rights, property or personal safety or that of our Users and the public.
Lumovest is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any User Content or information that you or others provide, except to the extent required by applicable law.
2.8 User Content Disclosure
When you submit any User Content to Services, you agree to abide by the following disclosure rules:
- To disclose the existence at the time of writing of any long or short position (including stocks, options or other instruments) in any security you have mentioned in any User Content.
- You may not write about a security with the intention to influence the security’s price and sell (or buy) the security into the resulting strength or weakness.
- If you intend at the time or writing to sell or buy a security within three days of submission of a User Content that discusses that security, you must disclose this.
- You must disclose any material relationships with companies whose stocks you write about in a User Content or parties that stand to gain in any way from the viewpoint you are outlining. Examples: You must disclose if you are employed by a company whose stock you are writing about; perform consulting for a company you write about; receive paid fees of any kind from a company you write about. This applies to narrow asset classes as well. For example, if you are paid to promote BitCoin, that must be disclosed in any User Content about BitCoin.
- You may not write about any security of which you contain MNPI. You must never share MNPI on our Services.
2.9 Privacy and Security
Lumovest cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
2.10 No Investment Recommendation or Professional Advice
All Lumovest Content and User Content provided through our Services are intended to be used and must be used for educational and informational purposes only. Lumovest is an education company. We are not a broker / dealer and we’re not an investment adviser. We do not provide investment or financial advice. The Lumovest Content and User Content presented through our Services should not be construed as legal, commercial, financial, or tax advice of any kind or as an offer to perform advisory services on any subject matter.
You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
We may reference specific securities, investment opportunities and financial analysis in our content. However, they’re intended solely for educational and informational purposes only. They are not endorsements or
recommendations to invest. No Lumovest Content or User Content provided through our Services should be construed as a recommendation to enter into any investment transactions or to engage in any investment strategies.
2.11 Forward-Looking Statements
Certain content provided through our Services may include or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements often address the expected future business and financial performance and financial condition, and often contain words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “see,” “will,” “would,” “estimate,” “forecast,” “target,” “preliminary,” “range”, or words of similar meaning. Such statements are purely illustrative in nature and intended for educational and informational purposes only. It’s your responsibility to conduct your own due diligence on investment opportunities and form your own forecasts. You should never rely investment and financial decisions on the forward-looking statements provided through our Services.
Lumovest neither intends, nor assumes any obligation, to update or revise these forward-looking statements in light of developments which differ from what’s shown in our content.
2.12 Force Majeure
Lumovest will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
Both you and Lumovest may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use your User Content;
- Members and/or Visitors’ rights to further access and share content and information you shared through the Service prior to termination;
- Sections 4.2, 5, 6, 7, 8 of this Contract; and
- Any amounts owed by either party prior to termination remain owed after termination.
You can email Lumovest Support to request account deletion.
III. Billing & Payment
3.1 Paid Services
Purchase of the Lumovest Pro Subscription (“Subscription”) grants you access to the Lumovest Foundation Courses and other courses & features of our Services that you’ve purchased for the duration of the Subscription. The Pro Subscription does not entitle you automatic access to all courses that Lumovest may release in the future. You understand and agree that certain courses and services that Lumovest will introduce in the future may require additional purchases.
If you purchase any of our Paid Services, you agree to pay us the applicable fees and taxes and to any additional terms specific to the Paid Services that we’ll post with the Content. Failure to pay these fees will result in the termination of your Paid Services.
Payment for all charges are payable upon registration or the relevant periodic payment date.
All charges are in US Dollars.
3.3 Transaction Fees
If you incur transaction fees or losses due to FX differentials as part of your payment, you agree that this is your own financial obligation and to pay for such fees. You agree not to hold Lumovest responsible for any fees you may incur due to the purchase our Paid Services.
3.4 Changes in Paid Services
Lumovest may add new content or products for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Contract.
3.5 Billing Cycle
Annual Subscriptions will renew on the one-year anniversary of the start of your current annual Subscription term and will be effective for an additional year-long term unless cancelled prior to renewal.
Monthly Subscriptions will renew on the one-month anniversary of the start of your current monthly Subscription term and will be effective for an additional month-long term unless cancelled prior to renewal.
Your Subscription will automatically renew and you will be charged in advance of your renewed Subscription start date until your Subscription is cancelled. You acknowledge and agree that we are authorized to use the payment information on file for the renewal fee.
You may choose to cancel your Subscription at any time through your account, but your cancellation will not take effect until the end of your current Subscription period (which may be either a yearly or a monthly period). While you may cancel your Subscription at any time, there are no refunds of any kind for cancellations.
We don’t provide refunds on any fees or charges for Paid Services for reasons of any kind.
In the event that you cancel your account or Lumovest suspends or terminates your account or this Contact for your breach of this Contract, you understand and agree that you shall receive no refund or exchange for any Lumovest products, any unused time on a Subscription, any license or Subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
3.9 Payment Authorization
By providing payment information to us, you agree that the payment information is valid and (a) in your name or (b) in the name of an individual who has authorized you to use their payment information for your subscription purchase.
All discount codes may only be used for the initial purchase and are not applicable to renewal payments, unless otherwise stated. You may only use a specific discount code only once. Discounts are not redeemable for cash and must be applied at the time of purchase in order to be effective. Discounts not applied at the time of purchase are forfeited and you may not apply discounts to purchases that have already been made.
You may not share discount codes that are meant specifically for you. Similarly, you may not use discount codes meant specifically for another person.
3.11 Referral Earnings
In order to provide an incentive for our users who enjoyed their experiences to refer friends and families to Lumovest, we provide an opportunity for our most loyal and vocal advocates to earn cash rewards.
For every 5 people that you refer who sign up for the Lumovest Pro subscription, whether for the Monthly plan or the Annual plan, we will pay you US$50 in cash through PayPal. Referees signed up under a special / group discount aside from the discount code published on the Referral Earnings page are not eligible to be counted for Referral Earnings.
To be eligible for payment, you must:
- Have a valid user account with Lumovest
- Be able to accept payments via PayPal
- Referred 5 paying users that signed up for Lumovest Pro
- Provide the exact matching emails that the 5 referrals used to sign up for Lumovest Pro
- Submit the relevant details through the referral form on our website
- Be a person not sanctioned by the United States and / or a citizen of a country not sanctioned by the United States
Note that we will only make payments through PayPal. It’s your responsibility to create an account with PayPal in order to accept the cash rewards. You agree to bear any transaction fees associated with this payment and to pay the associated taxes. Referrals who create an account with Lumovest but doesn’t upgrade to Pro are not qualified referrals and do not count. The cash rewards are a one-time payment and are non-recurring in nature. You may not refer yourself.
We only process payments in increments of 5 referrals. For example, if you successfully referred 12 people who signed up for Lumovest Pro, you may apply for the cash rewards on the 10 referrals but not the remaining 2 because we only process cash rewards in increments of 5 referrals per reward.
IV. Code of Conduct
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, securities laws and regulatory requirements;
- Provide accurate information to us and keep it updated; and
- Be respectful towards other Users, our staff and independent contractors.
You agree that you will not:
- Use the Website for any unlawful purpose;
- Create a false identity on Lumovest, misrepresent your identity, create a Member account for anyone other than yourself, or use or attempt to use another’s account;
- Imply or state that you are affiliated with or endorsed by Lumovest without our express consent;
- Post MNPI of any securities or investment-related vehicles;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any information obtained from our Services, whether directly or through third parties (such as search engines);
- Restrict or inhibit any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- “Frame”, “mirror” or otherwise simulating any part of our Services without our prior written authorization;
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to download, retrieve, index, data mine, scrape, harvest or in any way reproduce the Services or otherwise copy Lumovest Content and/or User Content and/or other data from the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
- Use bots or other automated methods to access the Services;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Harvest or collect information about users of our Services without their and our express consent;
- Send unsolicited or unauthorized advertisements, spam, chain letters, or similar materials to other Users of our Services;
- Transmit any content which contains software viruses, or other harmful computer code, files or programs;
- Access any content on the Service through any technology or means other than those provided or authorized by the Service;
- Bypass the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
- Copy from others on a quiz, exam, exercise, or assignment;
- Allow another student to copy your work on a quiz, exam, exercise, or assignment; and
- Have others complete any quiz, exam, exercise, or assignment on your behalf.
V. DMCA Policy
5.1 Notice of Infringement
Lumovest respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we have a standard process in place to notify us of copyright infringements.
If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through Lumovest Services, please notify Lumovest’s DMCA Agent, including the following information in writing:
- A description of the copyrighted work that you claim is being infringed;
- A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
- Your address, telephone number, and email address;
- The following statement: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
- The following statement: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and
- An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
Please submit all take-down notices to the Lumovest Copyright Agent at the following email address: support (at) lumovest (dot) com.
5.2 REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable law, Lumovest has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may, in appropriate circumstances, disable or terminate the accounts of Users who may be repeat infringers. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
VI. Disclaimer & Limitation of Liability
6.1 No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LUMOVEST, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
LUMOVEST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LUMOVEST SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LUMOVEST WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
6.2 Limitation of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS LUMOVEST HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), LUMOVEST AND ITS AFFILIATES (AND THOSE THAT LUMOVEST WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, INCOME, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF LUMOVEST AND ITS AFFILIATES (AND THOSE THAT LUMOVEST WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) TWO TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A SUBSCRIPTION SERVICE, IF ANY, OR (B) US$100.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LUMOVEST AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LUMOVEST OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LUMOVEST, ITS OFFICERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, AGENTS AND LICENSORS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR BREACH OF ANY PROVISIONS IN THIS CONTRACT, REPRESENTATIONS OR WARRANTIES, AND/OR FROM YOUR SUBMISSION OF ANY USER CONTENT ONTO THE SERVICE, AND/OR FROM ANY AND ALL USE OF YOUR ACCOUNT IN VIOLATION OF THIS CONTRACT OR THE FAILURE TO FULFILL ANY OBLIGATIONS RELATING TO YOUR ACCOUNT INCURRED BY YOU OR ANY OTHER PERSON USING YOUR ACCOUNT. WE RESERVE THE RIGHT TO TAKE OVER THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY US.
VII. Governing Law & Dispute Resolution
7.1 Governing Law
These Terms of Service shall be construed and governed by the laws of the State of New York, without regard to the principles of conflict of laws thereof. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
7.2 Agreement to Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LUMOVEST. In the unlikely event that Lumovest has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Lumovest claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. The choice of arbitrator and location of the arbitration will be at Lumovest’s sole discretion. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees in accordance with arbitrator rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Lumovest from seeking injunctive or other equitable relief from the courts as necessary to protect any of Lumovest’s proprietary interests.
7.3 Waiver of Class Action Claims
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
8.1 Entirety of Agreement
These Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the Terms. If there is any conflict between the Terms and any additional terms, conditions, and rules posted by Lumovest, this Contract shall govern, unless otherwise indicated.
You may not assign or transfer this Contract (or your Subscription or use of Services) to anyone without Lumovest’s written consent. However, you agree that Lumovest may assign this Contract to its affiliates or a party that acquires it without your consent.
If any part of this Contract is held invalid or unenforceable, the remaining provisions of the Contract will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
8.4 No Waiver
Lumovest’s failure to enforce any term or condition in the Contract is not a waiver of its right to do so later.
8.5 Contact Information
You may contact us at support (at) lumovest (dot) com should you have any questions.
This agreement was last modified on September 30th, 2018.