Legal Stuff

These Terms of Service were last updated on April 9, 2018.

The following terms and conditions govern all use of the Website and all content, services and products available at or through the Website.

1. Welcome to the Luminate website (justluminate.com) where we encourage everybody to Ignite The Light Within! This website, blog, forum and related services which are currently offered or may be offered in the future (collectively, this “Site” or “Website”) is owned and operated by Luminate Labs, LLC (“Luminate” “us” or “we”) and we hope you enjoy using it.  This Site is designed to educate, inform and entertain only and does not constitute legal, financial, professional, medical or healthcare advice and cannot be used for such purposes.

The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy and procedures that may be published from time to time on this Site by Luminate (collectively, the “Agreement”).

You must read and agree to this Agreement before accessing or using the Website.  Your use of any part of the Website constitutes your agreement to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, as may be amended from time to time, then you must discontinue your use of the Website or other Luminate services. If these terms and conditions are considered an offer by Luminate, acceptance is expressly limited to these terms.

Supplemental terms and conditions may apply to some Luminate services that are offered from time to time, in which case supplemental terms and conditions will be disclosed in connection with any such services and are in addition to these terms and in the event of a conflict will prevail over these terms.

You represent and warrant that your use of the Website will be in strict accordance with our Privacy Policy with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside). The Website is being operated from Los Angeles, California.

2. User Conduct.Users are solely responsible for all conduct, content, activity or interactions they have on or with the Website or with other Users of the Website. You may not (i) post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content or other content via the Website. (ii) sell, transfer, license or assign your account, followers, username, or any account rights, (iii) without Luminate’s express consent, create accounts on behalf of anyone other than yourself, (iv) defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Website, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses, and (v) not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Generated Content (defined below), including but not limited to, copyright laws.

We do not allow users of the Website to advertise or offer to sell products or services (whether or not for profit), or to solicit others (including solicitations for contributions or donations).  You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Website or connected network, or interfere with any person or entity’s use or enjoyment of the Website.  You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, malware and other harmful or destructive content.

While we will take reasonable measures to ensure our users are compliant with these terms and applicable law and remove any offending content, the Website may nevertheless contain content or material that (i) is offensive, indecent, or otherwise objectionable, or (ii) contains technical inaccuracies, typographical mistakes, and other errors, or (iii) violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Luminate disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of such content or material.

3. Your Account.Some Luminate services permit or require you to participate or access additional features or benefits. If you create an account on the Website, you agree to provide and maintain accurate, current, and complete information, including contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide.

4. Account Security. You are responsible for taking reasonable steps to maintain the security of your account and account information including usernames and passwords, and any content posted in connection therewith, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with your account. You agree to promptly notify us of any unauthorized uses of your username, password, blog, your account or any other breaches of security that you become, or should reasonably be, aware of. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

5. Minimum Age; Parental Permission. You must be at least 13 years old to use the Website. Luminate may, at its discretion, require users under 13 years of age to obtain the consent of a parent or guardian to view certain content, and Luminate may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid those restrictions.

6. User Generated Content. The site may allow you to contribute, communicate, submit, upload or otherwise make available text, articles, images, audio, video, links or other content (any such material, “User Generated Content”) which may be accessible and viewable in private groups or by the public.  If you post any User Generated Content to the Website, including but not limited to if you operate a blog or comment on a blog, you are entirely responsible for the content of, and any harm resulting from, that User Generated Content.  You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity or violate any person or entity’s privacy or publicity rights, whether or not such material is protected by law.

Representations and Warranties Regarding User Generated Content

By making User Generated Content available, you represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for approval or payment to any other person or entity (including, without limitation your former or current employer(s)) to use and exploit, and to authorize us to use and exploit, your User Generated Content. 

You further represent and warrant that: (i) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; (ii) the Content does not contain or install any viruses, worms, malware or other harmful or destructive content; and (iii) the User Generated Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts.

Without limiting any of the foregoing, we have the right but not the obligation, in Luminate’s sole discretion, to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Website, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you.  We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users. Luminate hereby reserves the right to terminate or deny access to and use of the Website to any individual or entity for any reason, in our absolute and sole discretion.

7. Ownership of Intellectual Property. This Agreement does not transfer from Luminate to you any Luminate or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Luminate. All trademarks, service marks, graphics and logos used in connection with Luminate, justluminate.com, or the Website are trademarks or registered trademarks of Luminate, or licensors of Luminate or its affiliates. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Luminate or third-party trademarks or other intellectual property.

License to User Generated Content

We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable, perpetual and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to (a) use, reproduce, transmit, stream, store, retain, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Website and on third-party sites and platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity (the “Licensed Rights”).

Use of Name and Likeness; Advertising

Our Licensed Rights include, without limitation, the right to use your name and likeness and image and to make editorial revisions to your User Generated Content; to modify and/or display your User Generated Content by combining it with or inserting advertisements, trademarks, service marks, logos and other graphics and content of Luminate, our sponsors, advertisers, and any other third party; to display sponsors and their trademarks and advertisements and other advertising in connection with the display of your User Generated Content; and/or to reproduce and publish, display and distribute your User Generated Content and derivative works together with other Luminate Content through the Site, affiliated websites and other websites for Luminate’s marketing and publicity purposes.   We have no obligation to make any payment to you or share any revenues generated through the Site or any sale of the Site or our business to any third party.

Limited License to Luminate Copyrights

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create.  If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

You may not circumvent or disable any content protection system or digital rights management technology used with the Website or any Luminate service; decompile, reverse engineer, disassemble or otherwise reduce the Website or any Luminate service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use the Website or any Luminate service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

8. Third Party Services and Content.The Website may integrate, be integrated into, or be provided in connection with third-party services, websites and content. We have not reviewed, and cannot review, all of the material, including computer software, made available through the third-party websites and webpages to which the Website links, and that link to the Website.  We do not have control over those third-party services and content, and are not responsible for their contents or their use. By linking to a non-Luminate website or webpage, Luminate does not represent or imply that it endorses such website or webpage. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. Luminate disclaims any responsibility for any harm resulting from your use of any third-party services, content, websites and webpages.

9. Copyright Infringement and DMCA Policy.We are committed to helping people and entities protect their intellectual property rights and this Agreement expressly does not allow the posting of content that violates someone else’s rights. If you believe that material located on or linked to by the Website or related services violates your copyright, you are encouraged to notify Luminate in accordance with standard Digital Millennium Copyright Act (“DMCA”) Policy as set forth below. Luminate will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Luminate reserves the right to terminate the account of any user who infringes the copyrights or other intellectual property rights of Luminate, its users or any third parties, in which case Luminate will have no obligation to provide a refund of any amounts previously paid to Luminate, if any.

DMCA Copyright Procedures:

A notice (“Notice”) of claimed copyright infringement should be emailed to Luminate’s Copyright Agent at inquiries@justluminate.com. (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Luminate Labs

DMCA Notice

8581 Santa Monica Blvd., Suite 139
West Hollywood, CA 90069

Please include the following information in your notice: (i) Your username, address, telephone number, and e-mail address; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of where the alleged infringing material is located; (iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vI) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your User Generated Content that was removed from the Website is not infringing, or that you have the authorization from the copyright owner or pursuant to the law to upload and use the User Generated Content at issue, you may send a written counter-notice (“Counter-Notice”) to the address above and including the same information as set forth above setting forth your basis that the material is not infringing including all relevant evidence in support of your claim.

10. Paid Transactions.

Identity of Seller

Sales are made by Luminate or the third-party seller identified at the time of sale, if different.  If you have questions about your order, please contact the seller at the contact information provided and they will assist you.  Some storefronts on the Website are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.

Subscriptions

Some Website features and services may require paid subscriptions to access.  By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term.  The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale.  The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.  From time to time, we may offer a free trial subscription for a Luminate service.  If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.

Fee-Based Services

We may offer fee-based Services. Our provision of those fee-based Services will be governed by the terms you agree to when you register for the fee-based Service and any terms in this TOS not inconsistent with those terms.

If you register for a fee-based Service, you must designate a payment method and provide us with accurate billing and payment information. All billing information, including payment method, must be kept up to date.

We will bill you for all fee-based Services through the payment method that is associated with any of your fee-based Services. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us.

We may charge for fee-based Services in advance and on a daily, monthly, yearly, lump sum, or other basis. We may, in our sole discretion, post charges to your payment method individually or aggregate charges for some or all of your fee-based Services with us.

Every time you use a fee-based Service, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges, even if your account is canceled by you or terminated by us.

After 30 days from the date of any unpaid charges, your fee-based Service will be deemed delinquent and we may terminate or suspend your account and fee-based Service for nonpayment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.

You must notify us about any billing problems or discrepancies within 90 days after they first appear on your billing method statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

The Order Process

You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details.  We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice.  At such time, the contract for sale will be made and become binding on both you and us.  The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

We reserve the right to refuse or cancel any order prior to delivery.  Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments.  We also may require additional verification or information before accepting an order.  We will contact you if any portion of your order is cancelled or if additional information is required to accept your order.  If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.

Payments and Billing

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.  We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

Right of Cancellation; Return of Goods

When you subscribe to a Luminate service, you have the right to cancel your contract within fourteen (14) days after your receipt and acceptance of these terms and you will receive a full refund of the subscription fee paid.  For semi-annual and annual subscriptions, if notice of cancellation is received within the first thirty (30) days following the first day of initial billing, you will receive a refund of the subscription fee paid.  If we refund your subscription fee, you will still be obligated to pay other charges incurred.

When you purchase a license to access digital content, you will be given an opportunity to consent to delivery at the time of purchase.  By consenting to delivery, you acknowledge that you have lost the right to cancel and the license purchase fee is non-refundable.

You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods.  This right does not apply to goods stated by us on the Website services to be non-returnable, including audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been unsealed.  If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods.

If you wish to cancel, you must do so by following the cancellation instructions for the particular Luminate service.

Personalized Goods

Please note that the rights of cancellation and return do not apply for personalized goods.  Cancellations and changes to personalized goods cannot be made once you have submitted your order and personalized items cannot be returned unless there is a manufacturing error or product defect.  We reserve the right to refuse personalized orders at our discretion.  Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.

Pricing; Taxes

We may revise the pricing for products and services we offer from time to time.  If you pay a periodic subscription fee for a Luminate service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change.  When you place your order, we estimate the tax and include that estimate in the total for your convenience.  The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

International Shipping; Customs

When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied.  These and any additional charges for customs clearance must be borne by you.  For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter).  You are responsible for assuring the goods can be lawfully imported to the destination country.  When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

11. Competitions

Competitions that you enter on or in connection with the Website may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.

Entries

Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content.  We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided.  Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted.  Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.

We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice.  We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically.  If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.

Eligibility

To enter a competition, you must be a registered user of the Website and have an active account with current contact information.  No purchase is necessary to enter a competition.  Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the specific competition.  You must be of legal age to participate in any competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry.  We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person.  Competitions are void where prohibited or restricted by law.  Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a test in order to be eligible to win a prize.

Prizes

No cash or alternative prizes are available, except that we (or the party providing a prize, if a third-party) reserve the right to substitute a similar prize of equal or greater value.  Prizes cannot be transferred (except to a child or other family member) or sold by winners.  Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded.  Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize.  All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.

Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation.  As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.

12. Changes; Interruption, Discontinuance.We reserve the right, in our sole discretion, to modify, replace, or discontinue the Website, and services related thereto and/or any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Luminate may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement or any supplemental terms provided therewith.  Luminate may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Disclaimers and Limitation of Liability of Warranties.The Website and other luminate services are provided “as is”. Luminate and its suppliers and licensors hereby disclaim all conditions, representations and warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.  Neither Luminate nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

In no event will Luminate, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Luminate under this agreement during the twelve (12) month period prior to the cause of action. Luminate shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

You agree that you are solely responsible for your interactions with any other user in connection with your use of the website and luminate will have no liability or responsibility with respect thereto. luminate reserves the right, but has no obligation, to become involved in any way with disputes between you and other users of the website.

14. You (and also any third party for whom you operate an account or activity on the Website) agree to defend (at Luminate’s request), indemnify and hold Luminate, its affiliates and each of their respective directors, officers, managers, members, agents, employees, contractors, representative and assigns, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf): (i) your User Generated Content or your access to or use of the Website; (ii) your breach or alleged breach of this Agreement; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Luminate in the defense of any claim. Luminate reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Luminate.

Entire Agreement

This Agreement constitutes the entire agreement between Luminate and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Luminate, or by the posting by Luminate of a revised version of this Agreement.

Governing Law, Venue

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, without giving effect to any conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California.   Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Luminate or relating in any way to your use of the Website resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving Luminate or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Binding Arbitration

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, and the arbitral decision may be enforced in any court.

Attorneys’ Fees

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and reasonable attorneys’ fees.

Severability

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

Waiver

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Assignment; Successors

You may not assign your rights under this Agreement to any party with Luminate’s express written consent. Luminate may assign its rights under this Agreement freely and without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

If you have any questions, comments or complaints about this policy, or the site in general, please email us at inquiries@justluminate.com.

Thank you for taking the time and interest to review our policies at Luminate and we hope you enjoy the use of the Website!