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This website is operated by Lumioshine. Throughout the site, the terms "we", "us" and "our" refer to Lumioshine. Lumioshine 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 and conditions ("Terms of Service", "Terms"), 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.
Please read these Terms of Service carefully before accessing or using our website. 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.
Any new features or tools added to the current store shall also be subject to these Terms of Service. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with an online e-commerce platform to sell our products and services to you.
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, or that you have given consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) in the use of the Service.
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of these 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 (not including credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.
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 as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
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.
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. 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 reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control or 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the 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).
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 of those sites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.
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. Complaints, claims, or questions regarding third-party products should be directed to the third party.
If you send us creative ideas, suggestions, proposals, plans, or other materials (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 under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You are solely responsible for any comments you make and their accuracy.
Your submission of personal information through the store is governed by our Privacy Policy.
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, 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 at any time without prior notice.
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, state, or local regulations, rules, or laws; to infringe upon intellectual property rights of others; to harass, abuse, insult, harm, defame, discriminate, or intimidate others; to submit false or misleading information; to upload or transmit viruses or any other malicious code; to collect or track the personal information of others; to spam, phish, pharm, spider, crawl, or scrape; or to interfere with or circumvent the security features of the Service or any related website.
We reserve the right to terminate your use of the Service 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 obtained from the use of the Service will be accurate or reliable.
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 provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied.
In no case shall Lumioshine, our directors, officers, employees, affiliates, agents, contractors, 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, or replacement costs, arising from your use of any of the Service or any products procured using the Service.
You agree to indemnify, defend, and hold harmless Lumioshine 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 your violation of any law or the rights of a third party.
If 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 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 you have failed, to comply with any term or provision of these Terms of Service, we 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.
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 constitute 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.
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 State of New York, United States, without regard to its conflict of law provisions.
You can review the most current version of the Terms of Service at any time on 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. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at support@lumioshine.com.
Tel: 800-978-5754
Email: support@lumioshine.com
Address: 418 Broadway STER, Albany, NY 12207
