Terms & Conditions
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IMPORTANT NOTICE TO YOU
These terms and conditions of use (the “Terms and Conditions”) govern your use of the Lumicrest.com website, including without limitation use of all content, data, images, information and other materials posted on or available through this website (collectively, the “Site”). These Terms and Conditions are in addition to any other agreement you may have with Lumicrest including any agreement governing your use or your organization’s use of Lumicrest’s products or services. In addition, certain areas of the Site and use of data, content, or services made available through the Site may be subject to additional terms and conditions provided in connection with those areas or use of the data, content, or services.
In the Terms and Conditions, “Lumicrest” means Lumicrest and any related business; “we”, “us” or “our” means Lumicrest, as defined; and “you” or “your” means the person accessing or using the Site.
Restrictions on Use
As a condition of your use of this Site, you warrant to Lumicrest that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, and only in conjunction with the intended use of Lumicrest products. You may not reverse engineer, deconstruct, disassemble or decompile any software or technology underlying the Site or provided through the Site.
The contents of the Site may not be distributed, modified, or reproduced, in whole or in part, without the prior written consent of Lumicrest, except that you may download content from the Site to any single computer, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements.
Nothing herein shall be construed as a right or license to make, have made, use, sell, offer to sell, import, lease or distribute Lumicrest’s products or services. Where this Site is used in connection with a Lumicrest product or service, the rights granted in these Terms and Conditions are subject to the restrictions of any license described in Lumicrest’s terms and conditions governing the use of such product or service.
You must not transmit any material on or through the Site that (a) restricts any other user’s enjoyment of the Site, (b) is unlawful, threatening, abusive, libelous, defamatory, pornographic, profane or otherwise offensive, (c) constitutes or encourages criminal conduct, gives rise to civil liability, or otherwise violates any law, (d) violates or infringes the rights of any third party including, without limitation, patent, copyright, trademark, privacy or any other proprietary right, (e) contains a virus or other harmful component, or (f) contains false or misleading indications of origin or statements of fact. Lumicrest reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, government request, court order, subpoena or other legal process, or to edit or remove any information, in whole or in part, that in Lumicrest’s sole discretion is objectionable, disruptive to the Site or in violation of these Terms and Conditions.
Copies of These Terms and Conditions and Updates
We may revise these Terms and Conditions at any time, and by your continued use of the Site, you agree to be bound by future revisions to these Terms and Conditions. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
Ownership and Intellectual Property Rights
The Site and all intellectual property rights in the Site are owned and operated by Lumicrest. We reserve all our intellectual property rights, which include without limitation all copyright, trademarks, service marks, trade names, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.
Lumicrest’s trademarks and service marks may not be used in connection with any product or service that is not Lumicrest’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lumicrest. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Lumicrest does not make any claims to the marks of others which might appear on the Site. You gain no right to use any marks of Lumicrest or any other entity by virtue of your use of this Site.
You may not frame or utilize framing techniques to use, surround or enclose any names, trademarks, service marks, logos, or other proprietary information (including images, text, page layout, or form) of Lumicrest and/or our affiliates or subsidiaries without Lumicrest’s express written consent.
This Site is controlled and operated by Lumicrest from its offices within the Province of Ontario, Canada. Lumicrest makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable.
YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND LUMICREST DOES NOT AND CANNOT GUARANTEE THAT INFORMATION CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, THE SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT LUMICREST DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, MALWARE OR OTHER HARMFUL DATA OR SOFTWARE, OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE SITE AND/OR YOUR INFORMATION, COMPUTERS, AND/OR NETWORKS. LUMICREST SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS.
Hyperlinking to this Site
If you desire to link to this Site in any manner, you must obtain Lumicrest’s written permission. You shall not link to this Site in any manner which states or implies any affiliation between you or your organization and Lumicrest, or any sponsorship, approval or recommendation of you or your organization by Lumicrest. Any permitted link to this Site must clearly identify Lumicrest as the owner of this Site. Lumicrest reserves the right to redirect any links to the Site to any page it chooses.
Use of Robots
At this time, Lumicrest does not permit the use of robots, spiders, crawlers or the like in connection with the Site without Lumicrest’s prior written permission. This restriction does not apply to the use of these mechanisms to index content of the Site for use in connection with search engines and other online directories.
Registration is required for you to access certain portions of the Site. If you complete the registration form, then you represent that the information on your registration form is complete and accurate. You will be responsible for promptly contacting Lumicrest to update this information if it changes. When registering, you must select a user ID and password. You are solely responsible for keeping your password confidential, and for all use of the Site with your password. You must immediately notify Lumicrest of any known or suspected unauthorized use of your password.
External Hyperlinks from the Site
The Site may contain hyperlinks to third-party websites. External hyperlinks to or from the Site do not constitute any endorsement or recommendation by Lumicrest of any third party or its website, products, resources or other information. An external hyperlink to a site does not imply that Lumicrest is affiliated with or sponsors the third party’s website. Lumicrest is not responsible for any software, data or other information available from any third-party website. You are solely responsible for complying with all terms and conditions of use for the third-party sites. You acknowledge that Lumicrest shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.
Accuracy and Integrity of Information
Although Lumicrest attempts to ensure the integrity and accuracy of the Site, it makes no guarantees as to the availability, correctness, accuracy or currency of the Site. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Lumicrest reserves the right to sell products for prices different than those listed on the Site and to accept or reject orders for any reason. Persons interested in placing orders for any products should contact customer service and a current price quote as well as a current version of our product-related terms and conditions will be made available at such time.
Disclaimer of Warranties
THE SITE AND ALL INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE”. LUMICREST DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. LUMICREST DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, LUMICREST DOES NOT REPRESENT OR ENDORSE THE COMPLETENESS, ACCURACY, RELIABILITY OR CURRENCY OF ANY DATA, ANNOTATION, DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION DISPLAYED, DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LUMICREST DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LUMICREST , NOR ITS AFFILIATES, REPRESENTATIVES,LICENSORS OR SUPPLIERS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SITE AND THE INFORMATION CONTAINED THEREIN. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
In no event will our aggregate liability to you for any and all claims, whether for breach of contract, breach of statutory duty, in tort, negligence, equity or otherwise, arising from your use of the Site exceed the amount you paid to us DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify, defend and hold harmless Lumicrest from any claim (including lawyers’ fees and costs) arising from your (a) use of the Site, (b) violation of any third-party right, or (c) breach of any of these Terms and Conditions. You agree to cooperate as fully as reasonably required in the defense of any claim. Lumicrest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Lumicrest .
If any part of the Terms and Conditions is held by a court of competent jurisdiction in any jurisdiction to be void, illegal, invalid or unenforceable, the enforceability of any other part of these Terms and Conditions will not be affected.
The Terms and Conditions shall be construed in accordance with and governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
The parties acknowledge that the Terms and Conditions and all related documents will be prepared in English.
Last Updated: October 31, 2018