Terms and Conditions of Use

Effective Date of Terms of Service: March 10, 2017

WELCOME

WELCOME TO WWW.LUMEWORKS.COM (THE "SITE"). PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING OR USING THE SITE, BY USING ANY INTERACTIVE AREAS (AS DEFINED BELOW) OF THE SITE (DEFINED BELOW), OR BY UPLOADING, BROWSING OR DOWNLOADING ANY DOCUMENTS, INFORMATION, MATERIALS, PRESENTATIONS, OR AUDIO OR VIDEO CLIP(S) (COLLECTIVELY, "CONTENT") FROM THE SITE, YOU ("YOU" or "YOUR") AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE SITE OR ANY OF THE INTERACTIVE AREAS AND DO NOT ACCESS ANY CONTENT. WE SUGGEST YOU PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS. NOTHING IN THESE TERMS OF USE WILL BE CONSTRUED TO CONFER ANY RIGHTS OR BENEFITS TO THIRD PARTIES.

These Terms of Use apply exclusively to Your access to, and use of, the Site, Your use of the Interactive Areas, and Your access and use of the Content. However, these Terms of Use do not alter in any way the terms or conditions of any other agreement You may have with Us, or Our subsidiaries or affiliates ("Affiliates"), for products, services or otherwise. Your use of the Site and the Interactive Areas and Your access and use of the Content are subject to, and expressly conditioned upon Your agreement to, these Terms of Use. If You are using the Site or the Interactive Areas or are accessing and using the Content on behalf of any entity, You represent and warrant that You are authorized to accept these Terms of Use on such entity’s behalf, and that such entity will be responsible for and indemnify Us for violations of these Terms of Use.

If You have any question regarding the use of the Site, please refer first to the Homepage. For all other questions or comments about the Site or its contents, please email Us at info@lumeworks.com

 

UPDATE TO TERMS OF USE

We reserve the right to change or modify any of the terms and conditions contained in these Terms of Use or any policy or guideline of the Site, at any time and in Our sole discretion. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site, and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Site or the Interactive Areas or the access or use of any Content following the posting of such changes or modifications constitutes Your acceptance thereof. Therefore, You should frequently review these Terms of Use and all applicable policies or guidelines on the Site, to understand the terms and conditions applicable to Your use of the Site or the Interactive Areas or Your access and use of the Content. If You do not agree to any changes or modifications to these Terms of Use or to any applicable policies or guidelines on the Site, You should stop using the Site and Interactive Areas, and cease accessing or using any Content.

 

PRIVACY POLICY

We believe strongly in user privacy. Please refer to the Site’s Privacy Policy ("Privacy Policy") for information on how We collect, use and disclose personal information from users of the Site. Your use of the Site signifies Your acknowledgment of, and agreement to, the Privacy Policy. If You are a resident of any country outside the United States, including, but not limited to, any country within the European Union, You understand and agree that We store and process Your personal information on computers located in the United States, and that by providing any information to Us, You consent to the transfer of such information to the United States.

 

ELECTRONIC COMMUNICATIONS

When You visit the Site or send emails to Us, You communicate with Us electronically and consent to receive communications from Us electronically.

 

NO GUARANTEES

YOU ACKNOWLEDGE AND AGREE THAT STRAYER UNIVERSITY, LLC AND STRAYER EDUCATION, INC., THE SITE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CLIENTS OR USERS (INCLUDING, BUT NOT LIMITED TO, EMPLOYERS REGISTERED ON THE SITE) DO NOT AND CANNOT PROMISE OR GUARANTEE ANY PARTICULAR RESULT, SUCCESS OR REWARD. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 

COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, but not limited to, Our logo and all designs, text, graphics, logos, icons, images, photographs, audio and video clips, digital downloads, data compilations, software and the selection and arrangement thereof as well as all Content posted on the Site, whether by US or our users or clients (collectively, the "Materials") are Our property or that of Our Affiliates, licensors or users and are protected by United States and/or international copyright laws.

We grant You a limited, non-sublicensable, non-transferable and non-exclusive license to access and make use of the Site and print to hard copy portions of the Site for Your informational, non-commercial and personal use only, solely in accordance with, and subject to, the terms set forth in these Terms of Use and any other agreement You may enter into with Us or any of Our Affiliates. Such license does not include, except as and to the extent otherwise expressly permitted by these Terms of Use: (a) the collection, use, copying or distribution of any portion of the Site or the Materials; (b) any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Materials; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof; (d) use of data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Materials other than for their intended purposes.

Any use of the Site or of any Materials not owned by You, other than as specifically authorized herein, without Our prior written consent, is strictly prohibited and will terminate the license granted herein and constitute a breach of the license granted herein. Such unauthorized use may also violate applicable laws, including, but not limited to, copyright and trademark laws and applicable communications, regulations and statutes. Unless otherwise expressly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. In the event any license (which is not expressly granted under these Terms of Use to You) is otherwise deemed to be granted to You by operation of law or otherwise, You hereby irrevocably assign to Us forever all right, title and interest therein, without any fee. In addition, such license will be revocable by Us at any time without any penalty.

 

TRADEMARKS

Strayer Education, Inc. the Strayer Education logo, Strayer University, LLC, the Strayer University, LLC logo, LumeWorks, the LumeWorks Logo, and all other of Our products and service names, logos and slogans contained in or displayed the Site are Our (or Our supplier’s and licensor’s) trademarks or service marks ("Our Marks") and may not be copied, imitated or otherwise used, in whole or in part, without Our prior written consent. You may not use any of Our names, trademarks, service marks or products or service names, without the prior written consent of Us or the applicable trademark holder. In addition, the look and feel of the Site, including, but not limited to, all page headers, custom graphics, button icons and scripts, is Our service mark, trademark and/or trade dress and may not be copied, imitated or otherwise used, in whole or in part, without Our prior written consent. All other trademarks, registered trademarks or service marks, product names and company names and logos mentioned in or displayed on the Site are the property of Us or their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us. You understand that any consent required of Us under these Terms of Use may be withheld by Us in Our sole discretion, without or without any reason.

You shall not make use of any marks similar to, dilutive of, or identical with Our Marks and will not directly or indirectly dispute, contest or impair Our ownership of or rights in Our Marks. Accordingly, You shall not traffic in, bid on, appear under or use a domain name or search key words confusingly similar to, dilutive of, or identical to Our Marks. For clarity, You may not, among other prohibited actions, misspell or misuse the word "Strayer," the word “LumeWorks,” Our website address, or any other combination of words in order to serve Your own purposes, including, but not limited to, generating traffic or attracting potential customers for Yourself or a third party. Misspelling and misuse include, but are not limited to, any variation of a word or phrase (1) where additional letters are inserted; (2) where letters are removed or rearranged; (3) in which search terms or key words are added, deleted, or rearranged; or (4) likely to confuse, mislead or redirect traffic or customers from Us or Our websites.

 

HYPERLINKS

You are permitted to hyperlink to the Site; provided such link does not portray Us or any of Our products or services in a false, misleading, derogatory or otherwise defamatory manner; and provided, further, that the linking site does not contain any pornographic, illegal material or material that is offensive, harassing or otherwise objectionable material. This limited right may be revoked by Us at any time, with or without any reason. You may not use any logos of Strayer Education, Inc., Strayer University, LLC, or LumeWorks, or any subsidiaries or affiliates thereof without Our prior written consent. Further, You may not use, frame or utilize framing techniques to enclose any of Our proprietary information, including, but not limited to, the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Our prior written consent. Except as noted above, You are not conveyed any right or license by implication, estoppel or otherwise in or under any of Our patent, trademark, copyright or proprietary rights or those of any third party.

 

THIRD PARTY SITES AND CONTENT

We may host or provide links to Web pages, Websites and other content of third parties ("Third Party Sites and Content"). The inclusion of any link or the hosting of any content is provided solely as a convenience to Our users, including You, and does not imply affiliation, endorsement, approval, control or adoption by Us of any Website or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including You, may use these links and the Third Party Sites and Content contained therein at their own risk. When You leave the Site, You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which You navigate from the Site.

 

DISCLAIMER OF WARRANTIES

THE SITE, THE MATERIALS, THE USER CONTENT AND OTHER INFORMATION AVAILABLE (INCLUDING ANY CONTRIBUTIONS) ON THE SITE ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. WE EXPRESSLY DISCLAIM, WITHOUT LIMITATION, ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WE ALSO MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE, REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE, THE MATERIALS, THE USER CONTENT AND OTHER INFORMATION AVAILABLE (INCLUDING ANY CONTRIBUTIONS) AVAILABLE ON THE SITE.

WE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS, THE USER CONTENT AND OTHER INFORMATION (INCLUDING ANY CONTRIBUTIONS) AVAILABLE ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR-FREE OR THAT THE SITE, ITS WEB SERVERS OR ANY EMAIL SENT BY US OR FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO MATERIALS, THE USER CONTENT AND OTHER INFORMATION (INCLUDING ANY CONTRIBUTIONS) AVAILABLE ON THE SITE.

 

LIMITATION OF LIABILITY

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL WE, OUR AFFILIATES, PARENT COMPANIES, LICENSORS, OR OUR OR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE THE SITE, THE MATERIALS, THE USER CONTENT OR OTHER INFORMATION AVAILABLE (INCLUDING ANY CONTRIBUTIONS) CONTAINED IN OR ACCESSED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS OF USE FOR ANY CLAIMS IS LIMITED TO THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SITE, THE MATERIALS, THE USER CONTENT AND/OR ANY OTHER INFORMATION (INCLUDING ANY CONTRIBUTIONS) AT ISSUE. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

DISCLAIMER OF TORT LIABILITY

The foregoing warranties and remedies are EXCLUSIVE and You waive and release all other warranties, obligations, and liabilities of Us and all other remedies, claims, and rights that You may have relating in any way to the Site, the Materials, and any other information available on the Site, whether arising from contract, warranty, strict liability or tort or from Our negligence, tort or other fault, including, but not limited to, claims for loss of or damage resulting from the use or access to any Content.

 

INDEMNIFICATION

You agree to indemnify, defend and hold Us, Our Affiliates and parent companies, and Our and their respective independent contractors, service providers, consultants, directors, officers, employees and agents, and applicable third parties (such as licensors, partners and advertisers) (collectively, the "Indemnified Parties") harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys’ fees) brought against any Indemnified Parties, arising out of or relating to: (a) Your use of the Site or any other information available on the Site; (b) Your conduct, including, but not limited to, any intentional or negligent acts or omissions; (c) Your failure to perform Your obligations under these Terms of Use (including, but not limited to, Your violation of these Terms of Use); and/or (d) Your violation of the rights of any third party, including, but not limited to, infringement of intellectual property rights.

 

MISCELLANEOUS

Your use of the Site is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and Your use of the Site will be governed by the laws of the Commonwealth of Virginia and County of Fairfax without resort to conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use. The application of the Uniform Computer Information Transactions Act is expressly excluded. You will not assign any of Your rights and obligations under these Terms of Use without Our prior written consent. Nothing in these Terms of Use will restrict or limit any assignment by Us of Our rights or obligations herein to third parties, including, but not limited to, Our Affiliates. If any provision of these Terms of Use is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms of Use. No failure or delay on the part of either party hereunder in either exercising or enforcing any right hereunder will operate as a waiver of, or impair, any such right. No single or partial exercise or enforcement of any such right will preclude any other or further exercise or enforcement thereof or the exercise or enforcement of any other right. No waiver of any such right will have effect unless given in a signed writing.