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Terms of Service

Luminous Mobile Detailing, LLC (“LUMINOUS”) is pleased to offer our service (the “Service”) via our website and our call center (“Call Center”) under the terms and conditions comprising these Customer Terms of Service (“Terms of Service”).  If you are accessing or using the Digital Services or Call Center on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY BIND YOU TO A CONTRACT WITH LUMINOUS.  THIS INCLUDES A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER CLAUSE IN THE ARBITRATION SECTION THAT GOVERNS HOW DISPUTES BETWEEN YOU AND LUMINOUS WILL BE RESOLVED.

By accessing or using the Digital Services, whether as a guest or registered user, or using our Call Center, you agree to these Terms of Service, as well as LUMINOUS’ Privacy Policy, available at Privacy Policy, which is incorporated herein by reference (“Privacy Policy”).

The detail companies, detail technicians, car rental companies, drivers and other third party providers (“Service Providers”) in our network are independent contractors.  If you request to use a courtesy car service or towing service in connection with your use of the Service, you will be required to enter into a separate agreement with a car rental company or towing company, respectively, selected by LUMINOUS, which will set forth the terms of service of such company (“Service Provider Terms”). Your use of the courtesy car service or towing service is subject to the applicable Service Provider Terms, and you understand that each such service is not controlled by LUMINOUS but rather by the Service Provider over which LUMINOUS has no control or power.  You are fully responsible for reviewing and complying with any and all Service Provider Terms and LUMINOUS shall not be liable for the acts or omissions of such car rental company or towing company and does not provide any warranty whatsoever as to the working condition of the courtesy car in the case of the courtesy car service or otherwise in connection with the courtesy car service or towing service. To the extent there may be a conflict among these Terms of Service and the other Service Provider Terms, these Terms of Service control.

If you do not agree with these Terms of Service or our Privacy Policy, and, to the extent applicable, Service Provider Terms, you must immediately stop using the Digital Services, Call Center and Service. 

These Terms of Service may change from time to time.  When accessing the Digital Services or through other means of notice as described in the Notices section below, you may be invited to review and accept material changes to these Terms of Service.  Your continued use of the Digital Services, Call Center or Service after we make changes is deemed to be acceptance of those changes, whether or not you have actually reviewed them.  LUMINOUS is not responsible for notifying you of changes to the Terms of Service or the Service Provider Terms.  Please check the Terms of Service and the Service Provider Terms periodically for updates.

These Terms of Service shall remain in full force and effect while you access or use the Digital Services, Call Center or Service.  LUMINOUS may terminate your account, your license to use the Digital Services, and/or Call Center, and/or the Service at any time, without warning, in its sole discretion, for any reason, including, but not limited to, your failure to abide by these Terms of Service, our Privacy Policy, any Service Provider Terms, or any other LUMINOUS policies, or for non-payment of fees for the Service. Even after your account or license to use the Digital Services is terminated, the Terms of Service and Privacy Policy, including all of your obligations under the Terms of Service and Privacy Policy prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your use of the Digital Services, Call Center or Service.  LUMINOUS may modify, enhance, suspend, discontinue or remove the Digital Services, Call Center or Service, or any portions thereof, at any time, in its sole discretion.

Eligibility / No Use by Minors

The Digital Services, Call Center and Service are intended solely for users 18 years of age or older. By using the Digital Services, Call Center or Service, you represent and warrant that you are 18 or older and otherwise have capacity to contract.

Use of Digital Services, Call Center and Service is void where prohibited.  The Digital Services, Call Center and Service are not available to any individual whose account has been terminated.  The Digital Services are intended for a United States audience and are controlled and offered by LUMINOUS from Brea, California and hosted in the United States of America.  LUMINOUS makes no representations that the Digital Services are appropriate or available for use in other locations.  Those who access or use the Digital Services from other jurisdictions are responsible for compliance with local law.  You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Our Service

Our mission is to provide professional and high quality auto detailing services in a manner that is most convenient to our clients. LUMINOUS is providing you access to and use of the Service through our Digital Services and Call Center.  The Service provides you with a time-saving and convenient way to have your vehicle detailed. Through the Digital Services and Call Center, you can access our Service, review the detailing prices for your car, request an auto detailing service, and schedule a time-slot that works for you and your busy schedule. Everything is arranged by the Service, so you’ll only have one point of contact.

Scheduling a Service Request

You may submit an auto detail request through the Digital Services or our Call Center.  Before submitting a Service Request, you will be asked to provide the following information, subject to our Privacy Policy: (a) the type of service you are requesting, (b) the requested date and time for services to be performed on your vehicle, (c) certain information about yourself (e.g., name, email address and phone number) and location information.

Once you submit a Service Request, a fee estimate will be generated based on various factors, such as the year and model of the car, the required Service, the Service location, the condition of the vehicle and our price list (“Fee Estimate”). Our price list (“Price List”) will be made available on our Digital Services, and we reserve the right to modify the Price List for any or all Services at any time in our sole discretion. The Fee Estimate will contain the cost of materials and labor including the service fee. If, in the process of performing the Service, LUMINOUS identifies additional work needed for your vehicle, or determines that your vehicle requires services that are different from the services indicated in the Service Request, LUMINOUS will provide you with a revised Fee Estimate (“Revised Estimate”).  If you accept our Revised Estimate for such additional and/or different work, you will be asked to accept a form indicating your authorization to be charged for such work.

All questions regarding the Service and/or Fee Estimate and/or Revised Estimate will be directed to LUMINOUS by contacting our Call Center at  (949) 274-9963 between the hours of 9am-6pm Pacific Time, Monday to Friday, excluding holidays, or submitted via email at [email protected]

You must be available at the beginning of your scheduled detailing appointment in order to personally transfer the vehicle key to the detailing technician.

You are responsible for removing all items of value from your vehicle prior to your scheduled service.  LUMINOUS shall not be responsible for and hereby disclaims any and all liability for any loss or damage to items left in your vehicle during the Service.

You are responsible for providing an operable vehicle fulfilling the requirements of applicable laws, regulations and rules.

Service Fees / Payment Terms

Once the Service Request is completed, payment is made directly to the Service Provider. We do not require or encourage you to tip your Service Provider. Rather, we recommend giving your Service Provider a favorable rating and positive review to show your appreciation.

You acknowledge that LUMINOUS reserves the right to change its fees from time to time in its sole discretion upon notice to you, subject to these Terms of Service.  If LUMINOUS terminates your account or revokes your privileges to use the Digital Services, Call Center or Service because you have breached these Terms of Service or our Privacy Policy you may not be entitled to a refund of any pre-paid amount for a Service Request and will owe any amounts due to LUMINOUS as of the date of termination or revocation.

Cancellations

Changes to or cancellations of a Service Request may be made in the Digital Services or via email at no charge at least 24 hours prior to the confirmed appointment.  For changes or cancellations made with less than 24 hours’ notice prior to the confirmed appointment, a cancellation fee of $25 will apply and will be charged to your credit card. Changes to the appointment time made by you less than thirty (30) minutes prior to initial pick-up time or drop-off time are subject to an additional charge of $25. Changes to or cancellations of a Service Request while your vehicle is being serviced shall be subject to a Service fee based on the work performed up to the time of change or cancellation of the Service Request. In the event of any changes or cancellations after the completion of the Service Request, the full Service fee shall apply.  If we are unable to reach you at the mobile number you provided to us for delivery inspection of your vehicle, fees may apply.  Any changes to or cancellations of a Service Request should be directed to our Call Center at (949) 274-9963 between the hours of 9am-6pm Pacific Time, Monday to Friday, excluding holidays, or submitted via email at [email protected].

Security and Usage Restrictions; Termination

You will use the Digital Services and Call Center only for personal, non-commercial use.

You will not circumvent, disable or otherwise interfere with the security and functionality of the Digital Services or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the Digital Services or its content.

You will not use the Digital Services in any manner that could disable, overburden, damage or impair the Digital Services, or interfere with any other party’s use of the Digital Services, including their ability to engage in real time activities through the Digital Services.

You will not use any robot, spider, crawler, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Digital Services or its content.

You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Digital Services, the server on which the Digital Services is stored, or any server, computer or database connected to the Digital Services.

You will not attack the Digital Services via a denial-of-service attack or a distributed denial-of-service attack or introduce any viruses or malware into the Digital Services.

Failure to abide by these provisions may subject you to civil or criminal legal action and may result in termination of your account or in termination of your license to use the Digital Services or Service.

Intellectual Property

Subject to these Terms of Service and our Privacy Policy, including your payment of the fees for the Service, LUMINOUS hereby grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable, right to access and use the Digital Services and Service [in the United States].

You acknowledge and agree that LUMINOUS and its licensors own all right, title and interest, including all intellectual property rights, in and to the Digital Services and Service, and no rights in the foregoing are transferred to you hereunder.  Text, images, graphics, sound, animations, videos and other content, as well as the arrangement of the same on the Digital Services are protected by copyright and other intellectual property rights of LUMINOUS and its third-party licensors.  The foregoing content of this Digital Services may not be copied, disseminated, altered or made accessible to third parties for commercial purposes.

All LUMINOUS trademarks, service marks, typefaces, company designs, logos and emblems on this Digital Services are protected by trademark law. The marks and design elements used on our Digital Services are intellectual property of LUMINOUS MOBILE DETAILING, LLC and its affiliates.  You will not copy, use, infringe upon, misappropriate or otherwise violate these marks and design elements. The Digital Services may also contain other product, service and/or company names that may be the trademarks of their respective owners.

You will not, and will not cause others to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, offer for sale, or create modifications, enhancements or derivative works based on the Digital Services or Service, or any intellectual property rights therein or thereto, or any portions thereof, or (b) rent, lease, loan, sell, or offer for sale access to or use of the Digital Services or Service, or any intellectual property rights therein or thereto, or any portions thereof.

Links / Third-Party Websites

The Digital Services may contain links to third-party websites that are not owned or controlled by LUMINOUS.  A link to a non-LUMINOUS website does not mean that LUMINOUS endorses or accepts any responsibility for the content, or the use, of such website.  LUMINOUS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.

User Contributions

LUMINOUS  may provide interactive features, including, without limitation, message boards, messaging/chat features, information sharing features (including the ability to email information directly to other users), photo sharing features, profiles, forums, bulletin boards (collectively, “Interactive Features”) that allow users to post, submit, publish, display or transmit to other users or other persons (“post”) information, data, content or materials, including, without limitation, comments, suggestions, reviews, drawings, photos, ideas, and concepts (collectively, “User Contributions”) on or through the Digital Services .
Any User Contribution you post to, or transmit through, the Digital Services will be considered non-confidential and non-proprietary.  By providing any User Contributions on or through the Digital Services, you grant us and our affiliates and Service Providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, make derivative works of, perform, display, distribute and otherwise disclose to third parties any and all such User Contributions for any purpose (including for marketing and advertising purposes), including the right to sublicense the foregoing (through unlimited levels of sublicenses).  All User Contributions must comply with the Content Standards set out in these Terms of Service.  LUMINOUS will not provide you with compensation and may not provide you with attribution for any User Contribution.  You understand that LUMINOUS is under no obligation to use your User Contribution and that we may already have similar ideas under development.
You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and Service Providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do, and will, comply with these Terms of Service.

You understand and acknowledge that you are responsible for any and all User Contributions you submit or contribute, and you, and not LUMINOUS, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Digital Services.
Monitoring and Enforcement
We have the right to:

  • Edit, remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Digital Services or the public, or could otherwise create liability for LUMINOUS.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their rights of publicity or privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Services or Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Digital Services.  YOU WAIVE AND HOLD HARMLESS LUMINOUS  AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, FINES AND EXPENSES RESULTING FROM ANY ACTION TAKEN BY LUMINOUS  OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LUMINOUS , SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all User Contributions or other material or content posted by third parties before it is posted on the Digital Services, and cannot ensure prompt removal of objectionable material after it has been posted.  Although LUMINOUS may, from time to time, monitor or review discussions, chats, postings, transmissions, and other user-generated materials, we are under no obligation to do so.  Accordingly, we assume no liability for any action or inaction regarding such User Contributions or other material or content.  We do not control the information available on or through the Digital Services or through the Service and all opinions, advice, services, offers or other information or content disseminated through the Digital Services are those of their respective authors, including users, who are solely liable for their content.

Content Standards

These content standards apply to any and all User Contributions and use of the Interactive Features.  User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or business entity.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws, regulations or rules or that otherwise may be in conflict with these Terms of Service.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement

It is the policy of LUMINOUS to respond to claims of copyright infringement. You may not post, upload, or otherwise place any content or information on or through the Digital Services that belongs to a third party, unless you have the legal right to do so.  If you believe in good faith that your copyrighted work has been reproduced on or through our Digital Services without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent for the Digital Services (“Designated Agent”) at the phone number, email or mailing address set forth below.  LUMINOUS will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.

Designated Agent:

Joe Felix
(949) 274-9963
LUMINOUS Mobile Detailing, LLC
259 Kraemer Circle, Unit 212, Brea, CA 92821

Email address
[email protected]

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Reliance on Information

You acknowledge and agree that communications on or through the Digital Services or Call Center, or with LUMINOUS, our Service Providers, or other users, are at your sole and exclusive risk.  We do not represent, warrant or guarantee that any Service Provider, user or other person contributing to the Digital Services, Call Center or Service has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, including, without limitation, as to the subject matter to which their contributions relate.  We do not independently verify or attempt to confirm any information they provide, nor their qualifications or credentials.  LUMINOUS cannot and does not represent or warrant the accuracy, completeness or truthfulness of the contributions of any Service Provider, user or other person contributing to the Digital Services, Call Center or Service.

Limited Warranty

LUMINOUS provides you with a limited warranty for a period of 24 hours, or 24 miles of use, whichever comes first, as of the date the Service Request was completed (the “Warranty Period”). LUMINOUS warrants that (a) the service technician will fulfill the detailing package as ordered, and (b) any work performed on your vehicle will be done properly. If there is probable and clear cause that the service technician did not fulfill the detailing package as ordered or there is clear evidence of poor craftsmanship, LUMINOUS, in its sole discretion, during the Warranty Period, will either redo the uncompleted or unsatisfactory portion of the service free of charge or provide you with a full refund.  Any claims in accordance with this limited warranty should be directed to our Call Center at (949) 274-9963 between the hours of 9am-6pm Pacific Time, Monday to Friday, excluding holidays, or submitted via email at [email protected]

Insurance

Liability Insurance
LUMINOUS carries commercial general liability insurance for Service Requests performed by detailing professionals in our network while your vehicle is being detailed.

Your Insurance Requirements
You are required to carry and maintain auto insurance and will be required to provide proof of insurance at the time of pick up.

Disclaimers

YOU AGREE THAT YOUR USE OF THE DIGITAL SERVICES, CALL CENTER AND INTERACTIVE FEATURES SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY, THE DIGITAL SERVICES, CALL CENTER, SERVICE, INTERACTIVE FEATURES AND PARTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY. LUMINOUS EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  LUMINOUS CANNOT AND DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES, CALL CENTER, SERVICE OR INTERACTIVE FEATURES.

LUMINOUS  MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE DIGITAL SERVICES, INTERACTIVE FEATURES, OR THEIR RESPECTIVE CONTENT, OR THE CONTENT OF ANY SITES LINKED TO THE DIGITAL SERVICES OR INTERACTIVE FEATURES, OR INFORMATION PROVIDED VIA THE CALL CENTER, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR DEATH OR PROPERTY LOSS OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE DIGITAL SERVICES, CALL CENTER, SERVICE, PARTS OR INTERACTIVE FEATURES OR FROM THE CONDUCT OF ANY LUMINOUS  EMPLOYEES, SERVICE PROVIDERS OR USERS OF THE DIGITAL SERVICES, CALL CENTER, SERVICE OR INTERACTIVE FEATURES, WHETHER ONLINE OR OFFLINE, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR OR OUR SERVICE PROVIDERS’ SECURE SERVERS AND/OR ANY AND ALL USE OF OR LOSS OR CORRUPTION OF PERSONAL INFORMATION (INCLUDING, WITHOUT LIMITATION, FINANCIAL INFORMATION)  STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DIGITAL SERVICES, (D) ANY BUGS, VIRUSES, MALWARE, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE DIGITAL SERVICES OR ANY USE OF DISABLING CODE, (D) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, CONVEYED OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL SERVICES, SERVICE OR INTERACTIVE FEATURES; AND (E) MAINTENANCE OR REPAIR WORK OR PARTS, WHETHER COORDINATED THROUGH THE DIGITAL SERVICES, CALL CENTER, SERVICE, INTERACTIVE FEATURES OR OTHERWISE.

LUMINOUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DIGITAL SERVICES, SERVICE OR INTERACTIVE FEATURES OR ANY HYPERLINKED WEBSITE OR APPLICATION OR FEATURED IN ANY ADVERTISING, OR BY ANY SERVICE PROVIDERS OUTSIDE OF THE SERVICE, AND LUMINOUS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT SHALL LUMINOUS, ITS AFFILIATES, ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE CONTRACTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) PERSONAL INJURY OR DEATH OR PROPERTY LOSS OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE DIGITAL SERVICES, CALL CENTER, SERVICE OR INTERACTIVE FEATURES OR FROM THE CONDUCT OF ANY LUMINOUS EMPLOYEES, SERVICE PROVIDERS OR USERS OF THE DIGITAL SERVICES, SERVICE OR INTERACTIVE FEATURES, WHETHER ONLINE OR OFFLINE, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR OR OUR SERVICE PROVIDERS’ SECURE SERVERS AND/OR ANY AND ALL ACCESS TO, USE OF OR LOSS OR CORRUPTION OF PERSONAL INFORMATION (INCLUDING, WITHOUT LIMITATION, FINANCIAL INFORMATION) STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DIGITAL SERVICES, (D) ANY BUGS, VIRUSES, MALWARE, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR DIGITAL SERVICES OR ANY USE OF DISABLING CODE, (F) ANY ERRORS,  INACCURACIES OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, CONVEYED OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL SERVICES, SERVICE OR INTERACTIVE FEATURES; AND (E) MAINTENANCE OR REPAIR WORK OR PARTS, WHETHER COORDINATED THROUGH THE DIGITAL SERVICES, SERVICE, INTERACTIVE FEATURES OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LUMINOUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  YOU AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY LUMINOUS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, FINES AND EXPENSES ARISING FROM YOUR ACCESS TO OR USE OF THE DIGITAL SERVICES, SERVICE OR INTERACTIVE FEATURES.

IN NO EVENT SHALL THE LIABILITY OF LUMINOUS, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, SUCCESSORS OR ASSIGNS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE FEES PAID BY YOU FOR THE SERVICE REQUEST IN WHICH THE EVENT GIVING RISE TO LIABILITY OCCURRED, IF ANY, OR (B) US $1000.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND SHALL SURVIVE TERMINATION OF THESE TERMS OF SERVICE.

Miscellaneous

Technical Requirements

Use of the Digital Services does not include the provision of a mobile device or other necessary equipment to access it.  To use the Digital Services, you will require internet connectivity and appropriate telecommunication links.  We shall not have any responsibility or liability for any telephone, mobile data or other costs you may incur.

Governing Law 

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions.

Arbitration

YOU AND LUMINOUS AGREE THAT, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE, THE PRIVACY POLICY, AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION.

You and LUMINOUS agree to submit all disputes between you and LUMINOUS arising out of or relating to the Service, these Terms of Service or the Privacy Policy or the alleged breach or interpretation thereof, to binding arbitration, provided that the foregoing shall not prevent LUMINOUS from seeking injunctive relief in a court of competent jurisdiction.  Within thirty (30) days after either party has notified the other in writing that it is submitting a dispute to arbitration, one arbitrator shall be chosen under the then current Rules of the American Arbitration Association (“AAA”) pertaining to commercial disputes (“Rules of the AAA”).  The arbitration proceedings shall be conducted before a panel of three arbitrators (one appointed by each party and the neutral appointed by the other two arbitrators).  The arbitration will be held in Brea, California, and will be conducted according to the Rules of the AAA.  These Terms of Service, the Privacy Policy and the arbitration agreement shall be governed by the laws of the State of California, without regard to its conflicts of law provisions.  The arbitration award shall be by a written decision containing findings of fact and conclusions of law, shall be final and binding and may be enforced by any court of competent jurisdiction.  The party prevailing in the arbitration or other legal proceedings is entitled to recover its litigation costs, including reasonable attorney’s fees. In no case shall the arbitrator be authorized to award costs and damages otherwise prohibited herein.

CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, REGULATIONS AND RULES, ANY ARBITRATION PROCEEDINGS UNDER THESE TERMS OF SERVICE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION[, UNLESS BOTH YOU AND LUMINOUS  SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

No Assignment

These Terms of Service, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by LUMINOUS without restriction.  Any attempted assignment by you will be null and void.

Force Majeure

Any delay in the availability of the Service or non-performance of any Service Request shall not be deemed a breach of these Terms of Service if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers, labor strike or walk-out, act of God, or any other event beyond the reasonable control of LUMINOUS or its Service Providers.

Notices

You expressly consent and agree to receive communications from us, including via e-mail, text message, calls, fax, and push notifications to the mobile number you provided to us. By agreeing to being contacted by us, you understand and agree that you may receive communications concerning your account or use of the Digital Services, Call Center and/or Services, including confirmations, other transactional communications and satisfaction ratings. You may opt out of receiving text messages from LUMINOUS at any time.

You agree that we may provide notices to you of changes to these Terms of Service and/or our Privacy Policy, in one or more of the following ways: (a) a pop-up notice, push notification or other notification on or through the Digital Services, (b) an email or mail sent to an address you provided, or (c) by mobile number.

Entire Agreement; Severability; No Waiver

These Terms of Service, together with our Privacy Policy and all other policies or legal notices published by LUMINOUS pursuant to the Notices provision (each as amended or supplemented from time to time) (“Agreement”), constitute the entire agreement between you and LUMINOUS concerning your use of the Digital Services and Service.  If any provision of this Agreement is deemed invalid, unenforceable or void by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and LUMINOUS’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Questions/Contact Information

If you are not completely satisfied with the Service or the Digital Services, or have any questions or concerns about this Agreement, the Service, the Digital Services, the Service fees, or any general inquiries, you may call us at (949) 274-9963 between the hours of 9am-6pm Pacific Time, Monday to Friday, excluding holidays, or contact our support center via email at [email protected],