TERMS OF USE

Thank you for visiting discoverlumi.com.

Please review the following basic rules that govern the use of our website. These Terms of Use govern access to and use of the discoverlumi.com website as well as the Lumi mobile apps or service offerings allowing connection to Lumi’s mobile-enhanced versions of its online website, if any (together, the “Lumi Electronic Platforms”). The Lumi Electronic Platforms are hosted on an online e-commerce platform by or for Lumi Pawtners, Inc. and its subsidiaries and/or affiliates (with such entities referenced herein collectively as “Lumi” or with “we” or “us” or “our”), that allows us to sell our products and services to you.

Please note that your use of our website constitutes your agreement to follow and be bound by these terms. These Terms of Use apply to all users of the Lumi Electronic Platforms, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to these terms, please do not use the Lumi Electronic Platforms. And since we may revise this agreement at any time, you should visit this page periodically to review the terms of your use.

Your continued use of or access to the Lumi Electronic Platforms the Lumi Electronic Platforms following the posting of any changes constitutes acceptance of those changes. Should you have any questions concerning any of our policies, please contact us at bark@lumipawtners.com.

ONLINE STORE TERMS

LEGAL INFORMATION

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given us your consent to allow any of your minor dependents to use the Lumi Electronic Platforms.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms of Use will result in an immediate termination of your right to use the Lumi Electronic Platforms.

INTELLECTUAL PROPERTY

The Lumi Electronic Platforms are expressly owned and operated by Lumi Pawtners LLC. Our mailing address is: 13637 Hawthorne Blvd. #200 Hawthorne, CA 90250. Unless otherwise noted, all design and content featured on discoverlumi.com -including navigational buttons and images, artwork, graphics, photography, text, and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Lumi Pawtners LLC.

All intellectual property on the Lumi Electronic Platforms (except for “user generated content”, defined below) is owned by Lumi or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by Lumi. All content on the Lumi Electronic Platforms (except for user generated content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of Lumi; all rights reserved.

“User generated content” is defined as all communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Lumi Electronic Platform users post or otherwise make available on or through the Lumi Electronic Platforms, except to the extent the Content is owned by Lumi Pawtners.

Lumi uses the following trademarks in print and on our products: Lumi Pawtners

PLATFORM RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Lumi Electronic Platforms or to place an order or purchase Lumi products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Lumi Electronic Platforms.

You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or Content appearing on the Lumi Electronic Platforms, including user generated content, without Lumi’s prior written consent, unless it is your own user generated content that you legally post on the Lumi Electronic Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

LUMI PAWTNERS MOBILE MESSAGING

By subscribing to Lumi mobile messages, you agree to receive recurring autodialed marketing messages and cart reminders to the telephone number used at the time of opt in. Message frequency may vary. Message and data rates may apply. Consent is not required as a condition of purchasing any goods or services. Terms & Conditions are subject to change. The mobile carriers are not liable for delayed or undelivered messages.

You can view our privacy policy by clicking discoverlumi.com/privacy-policy

DISCLAIMER OF WARRANTY

YOU AGREE THAT THIS WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ALL RISKS ASSOCIATED WITH USING THIS WEBSITE ARE WITH YOU. LUMI PAWTNERS LLC. DOES NOT WARRANT THAT THE FUNCTION OR OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

AS A VISITOR TO AND USER OF THIS WEBSITE, YOU MUST ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH THE SERVICING OF EQUIPMENT USED IN CONNECTION WITH THE USE OF OUR WEBSITE. AS A VISITOR TO AND A USER OF THIS WEBSITE YOU AGREE THAT YOUR ACCESS WILL BE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LEGAL NOTICE. LUMI PAWTNERS LLC, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT ALLOWED BY LAW INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMI PAWTNERS, INC. SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO ACCESS THIS WEBSITE AND THAT IN NO EVENT WILL ANY CLAIM FOR DAMAGES EXCEED THE ACTUAL COST OF YOUR DIRECT EXPENSE FOR DAMAGES THAT YOU INCUR. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMI PAWTNERS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR USING OR ACCESSING THIS WEBSITE. THIS LIMITATION SHALL APPLY TO DAMAGES RESULTING FROM ANY CAUSE OF ACTION INCLUDING NEGLIGENCE, STRICT OR PRODUCT LIABILITY, OR MISREPRESENTATION EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on discoverlumi.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Lumi product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information from our suppliers, Lumi Pawtners LLC. shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Lumi will issue a credit to your credit card account in the amount of the incorrect price.

For more detail, please review our Returns Policy or contact us at bark@lumipawtners.com.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on our website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Lumi Pawtners LLC., its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and expert witness fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing our website using your Internet account.

CORRESPONDENCE

While we welcome your comments and feedback regarding Lumi, our merchandise, and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through ruffwear.com shall become and remain the property of Lumi Pawtners LLC. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SEVERABILITY

Whenever possible, each provision of these Terms of Use will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms of Use is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms of Use.

COMPLETE AGREEMENT

These Terms of Use constitute the complete agreement between you and Lumi Pawtners LLC. regarding the access and use of this website.

GOVERNING LAW; VENUE AND JURISDICTION; ATTORNEYS’ FEES

The law of the State of California shall govern all questions concerning the construction, validity, and interpretation of these Terms of Use and the performance of any obligation imposed by these Terms of Use, without regard to conflict of laws or where the claim arose, even if in a foreign country. You agree that any disputes shall be heard exclusively in the appropriate forum in California and waive any claim or defense that such forum is not convenient or proper. You agree that the proper state venue shall be in Los Angeles County, California and the proper federal venue shall be in the Central District of California. In any legal action, the substantially prevailing party will be entitled to recover reasonable attorneys’ fees and costs, including expert witness fees. You agree that any cause of action arising out of or in any way connected to the use of this website must commence within one year after the cause of action arose or be forever barred.

CONSIDERATIONS FOR NON-U.S. CUSTOMERS

Our headquarters are located in the United States, and the services are based in the United States. Please be aware that information you provide to Lumi, or that Lumi obtains as a result of your use of our website, may be processed and transferred to the United States and be subject to United States law.

The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using our website, or by providing Lumi with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.

PHOTOGRAPHY CREDIT

Photos appearing on this website are © Lumi Pawtners.

TERMINATION

Lumi Pawtners LLC. reserves the right to terminate or modify these Terms of Use at any time. All provisions set forth in these Terms of Use shall survive termination. Changes will take effect immediately upon being posted on the Lumi Pawtners website.