Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using
our online, or mobile services, including but not limited to the Lumiio website
(“Dataffintyhealth.com” or the “site”), and our web platform applications provided by
Lumiio Inc. and its affiliates (collective, “Lumiio”, “we”, or “us” or “our”) that post
a link to these Terms (the “Service”).
Lumiio Inc. offers this website,
including all information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices stated
here.
By visiting our site and/or purchasing something from us, you engage in
our Service and agree to be bound by the following Terms of Service, including those
additional terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/ or contributors
of content.
By accessing or using any part of the site, you agree to be bound
by these Terms of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these Terms of
Service are considered an offer, acceptance is expressly limited to these Terms of
Service.
Any new features or tools which are added to the current store shall
also be subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update, change or
replace any part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence. Unless otherwise stated, Lumiio’s
products and service are not intended for children.
You may not use our
products for any illegal or unauthorized purpose nor may you, in the use of the Service,
violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service,
or access to the Service or any contact on the website through which the service is
provided, without express written permission by us.
The headings used in this
agreement are included for convenience only and will not limit or otherwise affect these
Terms.
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk.
This site may
contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor changes to our site.
We reserve the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time.
Prices for our products are
subject to change without notice.
We shall not be liable to you or to any
third-party for any modification, price change, suspension or discontinuance of the
Service.
We reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this right on
a case-by-case basis. We reserve the right to limit the quantities of any products or
services that we offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service made on this
site is void where prohibited.
We do not warrant that the quality of any
products, services, information, or other material purchased or obtained by you will
meet your expectations, or that any errors in the Service will be corrected.
We may provide you with access to third-party tools over which we neither monitor nor
have any control nor input.
You acknowledge and agree that we provide access to
such tools ”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of the terms
on which tools are provided by the relevant third-party provider(s).
We may
also, in the future, offer new services and/or features through the website (including,
the release of new tools and resources). Such new features and/or services shall also be
subject to these Terms of Service.
Certain content, products and services available via our
Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are
not affiliated with us. We are not responsible for
examining or evaluating the content or accuracy and we do
not warrant and will not have any liability or
responsibility for any third-party materials or websites,
or for any other materials, products, or services of
third-parties.
We are not liable for any harm or
damages related to the purchase or use of goods,
services, resources, content, or any other transactions
made in connection with any third-party websites. Please
review carefully the third-party’s policies and practices
and make sure you understand them before you engage in
any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be
directed to the third-party.
If, at our request, you send certain specific submissions (for example joining our
newsletter) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, ‘comments’), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in any medium
any comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
We may, but have no obligation to, monitor, edit or
remove content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree
that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further
agree that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not use a false
e-mail address, pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and assume no liability
for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after you have
submitted your order). <
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results
that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice to you.
You expressly
agree that your use of, or inability to use, the service is at your sole risk. The
service and all products and services delivered to you through the service are (except
as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any
representation, warranties or conditions of any kind, either express or implied,
including all implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.
In
no case shall Lumiio inc., our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or damage of any
kind incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of their
possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Lumiio inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all purposes.
These Terms
of Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.
If in our sole judgment you
fail, or we suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without notice and
you will remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms
of Service and any policies or operating rules posted by us on this site or in respect
to The Service constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including,
but not limited to, any prior versions of the Terms of Service).
Any
ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against Lumiio inc. must be resolved by a court located in Calgary, Alberta, except as otherwise agreed by the parties.
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at info@lumiio.com