Please read these Terms of Service (“Terms” or “Agreement”) carefully as they contain important information about Your legal rights, remedies, and obligations.
Last Updated: November 27, 2023
These Terms of Service apply to all visitors, users and others who access or use the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service.
- Terms of Service
- Interpretation and Definitions
- Overview
- Acknowledgment
- Conduct
- Your Account
- Intellectual Ownership
- Privacy Policy
- Links to Other Websites
- Legal
- Termination/ Access Restriction
- General Provisions
- Changes to These Terms
- Changes to the Service
- Contact Us
- By continuing to use this Service, I acknowledge and agree to these Terms.
Interpretation and Definitions
Interpretation
The section titles and icons in these Terms are for convenience only and have no legal or contractual effect and shall not affect the interpretation of this Agreement.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us”, “Our”, “Our Company”, or “The Lum Group” in this Agreement) refers to The Lum Group.
- Device means any device that can access the Service such as, but not limited to, a computer, a cellphone, or a digital tablet.
- The Lum Group Parties means the Company and its Affiliates, suppliers, affiliates, advertising and promotion agencies, and their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, agents, insurers, independent contractors, providers, suppliers, and successors and any person or entity associated with the production, operation or administration of the Service.
- Service refers to the Website, including without limitation, Referral Programs.
- Terms of Service (also referred as “Terms” or “Agreement”) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Users means all the visitors, users, and others who access or use the Service
- Website refers to The Lum Group, accessible from https://thelumgroup.com
- You (the possessive is referred to as Your) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Overview
The Website provides information about The Lum Group, an investment holding firm.
Acknowledgment
By accessing or using this Service, or by checking a box marked “Accept” (or other language showing consent), You agree to be bound by these Terms of Service and the collection and use of Your information as set forth in Our Privacy Policy.
You represent that:
- You have read and understand these Terms,
- You have full legal authority to enter into these Terms, and
- You agree to be bound to all of the terms and conditions in these Terms.
If You are not eligible, do not have full legal authority to enter these Terms, or do not agree to these Terms in its entirety, You are not authorized to access the Service. Please discontinue use of the Service.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
You may use the Service only if You have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. You may only use the Service if in doing so You do not violate any applicable law, rule, or regulation.
The Service is not available to anyone who is or was previously removed or banned from the Service.
Any use or access to the Service by anyone under the age of 13 years old is strictly prohibited and in violation of these Terms of Service.
Subject to Your complete and ongoing compliance with these Terms, the Company gives You a non-exclusive, non-transferable, freely revocable, royalty-free, non-assignable license to access and use the Service for Your personal use. We reserve the right to terminate this license at any time for any reason whatsoever. You agree that You obtain no rights other than the rights and licenses expressly granted in this Agreement. All rights not expressly granted under this Agreement are reserved by the Company or its licensors.
By accessing, browsing and/or using the Service, You consent to receive electronic communications from the Company. In addition, You agree that all notices, agreements, disclosures, and other communications that the Company provides to You electronically, via email and on the Website, shall satisfy any and all legal requirements that such communications be in writing.
Conduct
By accessing or using the Website, You agree that:
- You will not use the Service for any illegal purpose or is in violation of any local, state, national, or international law;
- You will not attempt to violate, violate, or encourage others to violate any right of a third party, including by infringing or misappropriating any third party intellectual property rights;
- You will not perform any fraudulent activity including, without limitation, impersonating any person or entity, or claiming a false affiliation.
- You will not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. This includes, without limitation, interfering with the security-related features of the Service or uploading any virus or malicious code;
- You will not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
- You will not use the Service for any purpose prohibited by these Terms;
Your Account
We do not accept account registrations, sign ups, or sign-ins.
Intellectual Ownership
Our Content
The Service contains content that is owned by the Company and its licensors or suppliers, such as, but not limited to, information, text, images, videos, graphics, photographs, illustrations, logos, patents, copyrights, trademarks, service marks, audio, music, and other materials, as well as the compilation thereof, and any software used on the Website (“Our Proprietary Content”). Our Proprietary Content is protected by copyright laws, patent laws, and other laws of the United States and other countries. Our Proprietary Content is protected in all forms, media and technologies now known or hereinafter developed. The Company reserves all rights to Our Proprietary Content not granted expressly in these Terms.
Nothing in the Terms gives You a right to use the Company name or any of the Company trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All other trademarks, marks, logos not owned by Us are the property of their respective owners.
All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material, marks, trade names, logos is strictly prohibited without the express written consent of the owner.
Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Feedback
We love hearing from Our users and encourage You to provide feedback, comments, and suggestions regarding the Service (“Feedback”).
You may submit Feedback by emailing Us directly or by other means of communication.
Any Feedback You submit to Us will be considered non-confidential and non-proprietary to You.
Please be advised, however, that if You provide Us any Feedback, You hereby (a) assign, transfer, and convey all now known or later discovered rights to the Feedback to the Company; (b) agree that the Company will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and (c) agree that the Company will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person or entity.
Privacy Policy
Our Privacy Policy describes how We collect, process, and handle the information You provide to Us when You use the Service. You understand that through Your use of the Service, You consent to the collection and use of this information, including the transfer of this information to the United States for storage, processing, and use by the Company.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We provide these links to You only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the website or any association with its operators.
Certain services made available on the Website are delivered by third party sites. By using any product, service, or functionality originating from the Website, You hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of Company Users.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Legal
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising out of Your access to and use of the Service remains on You.
Release Agreement
To the maximum extent permitted by applicable law, You release the The Lum Group Parties from any and all liability for any special, incidental, punitive, indirect, actual, economic, exemplary, or consequential damages whatsoever, or damages for loss of profits or revenue, whether incurred directly or indirectly, or, including without limitations, for loss of data or other information, costs of procurement of substitute products or services, loss of goodwill, property damage, business interruption, loss of customers, service interruptions, computer damage, failure to store any information or other content maintained or transmitted by the Company, personal injury and/or death, emotional distress, loss of privacy arising out of or in any way connected to (i) these Terms; (ii) the use or inability to use the Service; (iii) the defamatory, offensive, or illegal conduct of any third party; (iv) any content obtained from the Services; (v) hacking, tampering, or other unauthorized access to or use of the Service or the information contained therein; whether based on warranty, contract, tort (including negligence), or any other legal theory even if the Company knows or had been advised of the possibility of such damages and whether or not the remedies provided herein fail of their essential purpose.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE MAXIMUM EXTENT POSSIBLE BY LAW, THE LUM GROUP PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) EVEN IF THE LUM GROUP PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, WILL LIMITED TO $100 USD.
Some states do not allow the limitation or exclusion of limitation of liability of certain damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Indemnification:
By using and accessing the Service, You agree to indemnify, release, defend, and hold the The Lum Group Parties harmless from and against any and all claims, liabilities, losses, damages, demands, suits, costs, debt, or expenses (including legal fees and costs) caused by, arising from, in connection with, or related to:
- Your use or inability to use the Service, including any data or content transmitted or received by You,
- Your breach or violation of these Terms or any other binding agreements (for example, Referral Program Terms and Conditions if applicable)
- Your violation of any applicable laws or regulations,
- Your willful misconduct,
- Your violation of any User or third party’s rights, including, but not limited to, infringing intellectual property rights,
We reserve the right, in Our sole discretion, to assume the exclusive defense and control at Our own expense of any matter otherwise subject to Your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Our Company. You agree to cooperate as fully as reasonably required in Our defense and/or settlement of any claim.
Disclaimers
If You choose to access and/or use the Service, You do so voluntarily and at Your sole risk.
Computer/Device System
The Company disclaims any liability for damage (including without limitation loss of data) to any device or computer system resulting from Your access or use of the Service or any content on the Service (including without limitation the downloading of any content on the Service). The Company disclaims any liability for deletion of, or the failure to store or to transmit, any content maintained by the Service.
User or Third Party Content
Opinions, advice, statements, offers, or other information or content concerning Our Company or made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will We be responsible for any loss or damage resulting from Your reliance on information or other content posted by third parties, whether on the Service or otherwise.
Force Majeure
The Company shall not be liable to any participant for failure to supply any reward/prize or any part thereof, by reason of any acts of God, any actions(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove(s) to be invalid), equipment failure, epidemic, pandemic, quarantine, civil commotions, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, hurricane, tsunami, war (declared or undeclared), fire, flood, explosion, unusually severe weather, embargo, labor or material shortage, labor dispute or strike (whether legal or illegal), transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of The Lum Group Parties’ control.
Disclaimer of Warranties
The Service and its content is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty or conditions of any kind either express or implied. Your use of the Service is at Your own risk. To the maximum extent permitted under applicable law, The Lum Group Parties expressly disclaims any conditions and warranties of any kind, whether express, implied, statutory or otherwise, with respect to the Service, including all warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, The Lum Group Parties make no representation or warranty of any kind, express or implied, and disclaim all responsibility and liability for: (i) the operation, connectivity, security, or availability of the Service, or the information, content, and materials or products included thereon; (ii) whether the Service will be uninterrupted or error-free; (iii) the accuracy, reliability, correctness, completeness, validity or currentness of any information or content provided through the Service or any sites linked to the Service; (iv) whether any defects or errors will be corrected; and (v) whether the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, timebombs or other harmful components.
No advice or information, whether oral or written, obtained by You from Us or through the Service will create any warranty not expressly stated herein.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
Applicable Law
These Terms are governed by, and construed and interpreted in accordance with, the laws of the state of Pennsylvania without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. You and the Company agree to submit to the personal and exclusive jurisdiction by and venue in the state and federal courts located within Monroe County, Pennsylvania for resolution of any lawsuit or court proceeding permitted under these Terms, and You waive any objection to such jurisdiction or venue.
Except where prohibited, disputes, claims, and causes of action arising out of these Terms shall be resolved under the laws of the United States, and except where prohibited, Pennsylvania law (without reference to its conflicts of law principles).
Your use of the Service may also be subject to other local, state, national, or international laws.
Disputes
You agree that You must file any claim or action within one (1) year after such claim/action arose or it is forever barred.
You agree to first try to work in good faith to resolve the dispute informally by emailing the Company an email (“Notice Email”). The Notice Email must (1) describe the nature and basis of the claim or dispute, and (2) set forth the specific relief sought. We will contact You back via the email address that You have provided to us; You may contact Us using the contact information below.
Neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time that the Notice Email was sent, provided that nothing herein will prevent Us from seeking injunctive relief in the event of Your actual or threatened breach of any terms of these Terms. The party intending to pursue any action agrees to notify the other party via email prior to initiating the action.
Class Action Waiver
You and the Company acknowledge and agree that, to the fullest extent permitted by law, each is waiving the right to participate as a plaintiff or class member in any purported class action, collective action, consolidated action, private attorney general action, or other representative proceeding as to all disputes. You and the Company agree that no relief can be awarded on a class or representative basis.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision (or the part of it that is making it unenforceable, invalid or void) will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of that provision. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Termination/ Access Restriction
We reserve the right to terminate Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if You breach these Terms of Service.
Upon termination, Your right to access and use the Service will cease immediately.
Even after Your rights under these Terms are terminated, these Terms will still apply.
General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the entire Agreement between You and the Company, superseding any and all prior agreements or understandings (written or oral) between You and the Company, in relation to the access and use of the Service. Any representations, statements, or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding towards the Company unless expressly confirmed in writing by the Company to You.
Changes to These Terms
We reserve the right, in Our sole discretion, to modify, update, discontinue, change, cancel, remove, or replace any aspect of these Terms at any time without prior notice. If a revision is material, We will post the modification on the Website, which is effective upon posting. What constitutes a material change will be determined in Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. Continued use of the Service after any modification shall constitute consent to such modification. The most current version of the Terms supersedes all previous versions.
Changes to the Service
We reserve the right, in Our sole discretion, to modify, update, or discontinue any aspect of the Service at any time, temporarily or permanently, without prior notice to You. The Company will have no liability for any change to the Service or any suspension or termination of Your access to or use of the Service.
Contact Us
If You have any questions about these Terms of Service, You can contact us:
- By email: contact@thelumgroup.com