Last updated: January 1, 2018
Lumme Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Lumme smoking cessation mobile application and services (the “Services”) (the “Services”) operated by Lumme, Inc. (“us”, “we”, or “our”).
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access or use the Service.
Not Healthcare Advice. THE SERVICES (AS DEFINED BELOW) ARE NOT INTENDED TO PROVIDE HEALTHCARE, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE INFORMATION, SERVICES AND OTHER CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING INFORMATION THAT MAY BE PROVIDED ON THE SERVICES (DIRECTLY OR VIA LINKING TO THIRD-PARTY SITES), ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL (COLLECTIVELY, “HEALTHCARE PROFESSIONAL”) REGARDING ANY MEDICAL OR HEALTH-RELATED DIAGNOSIS OR TREATMENT OPTIONS. THE INFORMATION PROVIDED ON THE SERVICE, INCLUDING INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS, PRODUCTS AND TREATMENTS, IS OFTEN PROVIDED IN SUMMARY OR AGGREGATE FORM. AGAIN, THE SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR ADVICE FROM YOUR HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION OR SERVICES FOR DIAGNOSIS OR TREATMENT OF ANY HEALTH ISSUE OR FOR PRESCRIPTION OF ANY MEDICATION OR OTHER TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL, BEFORE USING ANY BEFORE STARTING ANY HEALTH PROGRAM OR BEFORE ADOPTING ANY TREATMENT FOR A HEALTH PROBLEM OR CONCERN.
Subject to the terms and conditions of this Agreement, Lumme hereby provides you with the right and license to access and to use the Services for your lawful, non-commercial, personal use. You will be able to use the Services for as long as you remain a subscriber of the Services in good standing, except as otherwise provided in this Agreement. As between you and Lumme, Lumme owns and shall own all right, title and interest in and to all intellectual property rights in the Services including, without limitation, the contents of any of our websites or Services, such as the compilation and arrangement of content including text, graphics, images and other materials, html scripts, active server pages (ASP), content provided by any web feed or other content or software used in or provided through any Services. Lumme™, the Lumme™ logo, Lumme-labs.com™, Lumme.io™, and other marks are tradenames and trademarks of Lumme. Lumme’s tradename and trademarks may not be used by you in connection with any product or service that is not offered by Lumme or in any manner that is likely to cause confusion in the marketplace or that disparages or discredits Lumme.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or suspend or terminate access to the Services in our sole discretion.
If you are a copyright owner, or authorized on behalf of one, and you believe that copyright-protected work has been copied and used within the Services in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- 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;
- 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.
You can contact our Copyright Agent via email at email@example.com. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
The Service and its original content, features and functionality are and will remain the exclusive property of Lumme or its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lumme.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Lumme
Lumme has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Lumme 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service and/or delete the app.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity/release and limitations of liability.
You agree to defend, indemnify and hold harmless Lumme and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Lumme, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. If, notwithstanding the foregoing it is found by a court of competent jurisdiction that Lumme is liable to you for damages, then Lumme’s maximum aggregate liability to you will in no case exceed the actual direct damages arising as a result of the act or omission complained of or $500, whichever is less. The essential purpose of this provision is to limit the potential liability of Lumme from this Agreement. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the exclusions set forth above may not apply.
Indemnification and Release
As a material inducement to provide you with use of the Services, you hereby indemnify, defend and hold Lumme, and its officers, directors, owners, agents, partners, information providers, and affiliates (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.
If you have a dispute involving the Services with a third party, you release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES
LUMME DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUMME DOES NOT REPRESENT THAT YOUR USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE OR MEET YOUR REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES OR ANY SYSTEM THROUGH WHICH THE SERVICES ARE MADE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law; Arbitration
These Terms are governed by and will be construed under the laws of The Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Hampshire County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located or having jurisdiction in Hampshire County, Massachusetts. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND LUMME ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
If you have any questions about these Terms, please contact us.