Argument between User and Luma III
Welcome to Luma III. The lumaiii.com website (the “site”) is comprised of various web pages operated by Luma III. Luma III is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of lumaiii.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
lumaiii.com is an E-Commerce Site.
Luma III is the manufacturer and seller of the Aurora 2 Spray Gun Light attachment along with other spray booth accessories such as the Luma III premium Spray Paint Suit and the Luma III Air Hose Hang system. They also sell other Luma III related merchandise.
Privacy
Your use of lumaiii.com is subject to Luma III’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting lumaiii.com or sending emails to Luma III constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Luma III does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use lumaiii.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Please allow up to 7 business days for processing. Refunds will be processed via the same payment method as the original purchase.
If the product is found to be defective, Luma III’s only obligation and the purchaser’s sole and exclusive remedy is the repair of replacement of the Luma III product. Shipping fees may apply. Luma III shall have no liability or responsibility to the purchaser or any other person for any special, incidental or consequential losses or damages caused or alleged to be caused directly or indirectly by the product.
All returns must be verified through Luma III’s support email provided above. If you return your items without verification or return your item in used condition, you will be required to pay the shipping fee to have the item sent back to you.
To learn more about our returns and refund policy, click here.
SMS and Text Message Notifications and Marketing
1. Consent to Receive SMS and Text Messages
By providing your phone number and opting in to receive SMS and text messages from Luma III, you consent to receive marketing messages, notifications, alerts, and updates from us. These messages may include promotions, product information, and other relevant content.
2. Frequency of Messages
The number of SMS and text messages you receive will vary based on your interactions with us. You may receive messages periodically, and message frequency may increase during special promotions or events.
3. Opt-Out and Unsubscribe
You may opt out of receiving SMS and text messages from Luma III at any time by replying “STOP” to any message you receive. Upon receiving your opt-out request, we will promptly remove you from our messaging list. Please note that you may receive a final confirmation message before the opt-out process is complete.
4. Message and Data Rates
Standard message and data rates may apply for any SMS and text messages sent to you by Luma III. These rates are determined by your mobile carrier, and you are responsible for any charges incurred.
5. Accuracy of Information
You are responsible for providing accurate and up-to-date information when opting in to receive SMS and text messages from Luma III. We are not liable for any issues that arise from incorrect or outdated information provided by you.
6. Privacy and Security
Luma III is committed to protecting your privacy and personal information. Your phone number and any other personal data collected through SMS and text messaging will be handled in accordance with our Privacy Policy.
7. Changes to SMS and Text Message Terms
We reserve the right to modify these SMS and Text Message Terms and Conditions at any time. Any changes will be effective immediately upon posting the updated terms on our website. Your continued receipt of SMS and text messages after any such changes will constitute your acceptance of the new terms.
If you have any questions or need further assistance regarding our SMS and text message notifications and marketing, please contact our customer support team.
Links to Third Party Sites/Third Party Services
Lumaiii.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under control of Luma III and Luma III is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or changes or updates to a Linked Site. Luma III is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Luma III of the site or any association with its operators.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use lumaiii.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Luma III that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You many not obtain or attempt to obtain any materials or information through any means not intentionally made available or provides for through the Site.
All content included as part of the Service, such as test, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Luma III or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit reverse engineer, participate n the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Luma III content is not for resale. Your use f the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no otehr use of the content without the express written permission of Luma III and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Luma III or our licensors except as expressly authorized by these terms.
International Users
The service is controlled, operated and administers by Luma III from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Luma III Content accessed through lumaiii.com in any or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Luma III, its officers, directors, employees, agents and third parties, for any losses, costs. liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this agreements of your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Luma III reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Luma III in asserting any available defenses.
Arbitration
In the event of the parties are not able to resolve any dispute between them arising our of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Condtions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions., whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUALS CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Luma III agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERIVES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LUMAIII AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LUMA III AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM ENTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IN” WITHOUT WARRENTY OR CONDITION OF ANY KIND. LUMA III AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUMA III AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVERINCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LUMA III OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION MAY NOW APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Luma III reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of Kansas and you hereby consent to the exclusive jurisdiction and venue of courts in Kansas in all disputes arising out of or relating to the use of the Site. Use of the Site in unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Luma III as a result of this agreement or use of the Site. Luma III’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Luma III’s right to comply with governmental, court and law enforcement requests or requirements relating to your use f the Site or information provided to or gathered by Luma III with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid of enforceable provision will be deemed superseded by a valid. enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Luma III with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Luma III with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Luma III reserves the right, in its sole discretion, to change the Terms under which lumaiii.com is offered. The most current version of the Terms will supersede all previous versions. Luma III encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Luma III welcomes your questions or comments regarding the Terms:
Luma III:
- 1809 S Hoover Rd, Ste 101, Wichita, KS 67209
- Email Address: [email protected]
- Telephone Number: (316) 440-4430
Effective as of May 26, 2021