Date of Last Revision: 1/27/2018
Welcome! TryLumaDream.com (the “Site”) is an online property owned and operated by Summit Nutrients (“Company, “We” or “Us”). The Site allows visitors - who must be eighteen (18) or more years of age - to make purchases, access information, make use of various services and participate in programs that promote the LumaDream product and experience. The following Terms and Conditions of Use and Disclaimer (the "Agreement” or the “Contract Terms") represent a binding legal agreement between you and SUMMIT. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. Therefore, PLEASE READ THESE CONTRACT TERMS CAREFULLY BEFORE ACCESSING THE SITE. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international intellectual property treaties. Those who choose to access this Site from other locations outside of the United States do so of their own initiative and are responsible for compliance with applicable local laws.
SUMMIT reserves the right to modify this Agreement at any time which changes shall be effective immediately and apply to all access to and use of the Site thereafter. You agree to review the Agreement periodically to be aware of such modifications and your continued use of the Site shall be deemed to be your irrefutable acceptance of any modified Agreement. We reserve the right to withdraw or amend this Site and any service or material we provide, in our sole discretion without notice. From time to time, we may restrict access to some parts or all parts of the Site to Users, including Registrants.
Each User who wishes to make use of certain features offered through the Site, as described herein, must register with the Site (each a “Registrant”, collectively the “Registrants”) (Registrants, along with the Users, “You” or “Your”). By checking the box “Accept” next to the text of the “Terms and Conditions of Use”, each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to check the “Accept” box will prevent an individual from becoming a Registrant.
Registrants agree to provide us with accurate, complete and current information during registration, and to update information provided to us if and when such information should change.
Revocation of Registration. Registrant agrees that SUMMIT has the right to cancel their registration for any reason at any time, in its sole discretion. The revocation of a Registrant’s registration shall result in the disabling of any user name, password or other identifier if, in our opinion, you have violated any provision of this Agreement. The loss of access to portions of the Site accessible by Registrants, and Registrants agree that SUMMIT shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests. You release and hold harmless SUMMIT from any and all liability arising from any such revocation of registration.
2. Disclaimer Regarding Medical Information.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, DATA, IMAGES, GRAPHICS, PHOTOGRAPHS, AUDIO, VIDEO, SOFTWARE, INFORMATION, PROGRAMS, TELESEMINARS, ARTICLES, COMMENTS, STORIES, MESSAGES, POSTINGS, INFORMATION, SUMMIT MATERIALS (AS HEREINAFTER DEFINED), REGISTRANT CONTENT (AS HEREINAFTER DEFINED) AND ALL OTHER CONTENT (COLLECTIVELY, “CONTENT”) PROVIDED IN CONNECTION WITH THE SITE BY SUMMIT OR THIRD PARTIES ON BEHALF OF SUMMIT, AND ALL REGISTRANT CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE OR SUBSTITUTE FOR (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE INCLUDING BUT NOT LIMITED TO PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, (III) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (IV) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP BY SUMMIT OR ANY OF SUMMIT’ AGENTS, AFFILIATES, EMPLOYEES, CONSULTANTS OR SERVICE PROVIDERS (COLLECTIVELY, WITH SUMMIT, THE “SUMMIT PARTIES”). YOU ACKNOWLEDGE AND AGREE THAT CONTENT SHOULD BE USED ONLY IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. IF YOU HAVE ANY QUESTIONS OR WISH TO SEEK ADVICE REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN OR ANY OTHER MATTER RELATED TO YOUR HEALTH OR GENERAL WELL-BEING, YOU AGREE THAT YOU WILL CONSULT WITH YOUR PHYSICIAN BEFORE UTILIZING ANY CONTENT APPEARING ON THE SITE.
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Testimonials, case studies, and examples found on this Site are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found on this Site. However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history.
Registrant Content. SUMMIT may offer Registrants the opportunity to participate in various interactive resources, including message boards, blogs and/or chatrooms. In such event, SUMMIT will also provide Registrants with the opportunity to publish, display, or otherwise transmit directly or indirectly (“Post”) certain text to the Site (“Registrant Content”).
(a) SUMMIT has no obligation to and does not, in its ordinary course of business, review Registrant Content, and therefore we assume no liability for and do not guarantee the accuracy, integrity or quality of such Registrant Content and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Registrant Content will not appear on the Site. SUMMIT has the absolute right to monitor all Registrant Content in our sole discretion. In addition, we reserve the right to alter, edit, refuse to Post or remove any Registrant Content, in whole or in part, for any reason or for no reason, and to disclose such materials, Your identity and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, Our Registrants, Users and service providers. SUMMIT has no obligation to use or respond to any of submissions of Registrant Content. In the event that you object to any Content appearing on the Site, you shall notify SUMMIT in writing. NOTWITHSTANDING any of the foregoing, SUMMIT claims all legal rights and benefits owing to ISPs, OSPs, online content transmission services, and any and all “safe harbors” under the laws of the United States and applicable state laws.
(b) SUMMIT EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND ENDORSEMENT AND MAKES NO REPRESENTATION AS TO THE VALIDITY OF ANY REGISTRANT CONTENT POSTED ON THE SITE. SUMMIT EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY REGISTRANT CONTENT, FOR LINKS EMBEDDED THEREIN, OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY REGISTRANT CONTENT. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SUMMIT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH REGISTRANT CONTENT. THE OPINIONS EXPRESSED BY REGISTRANT CONTENT ARE SOLELY THE OPINIONS OF THE REGISTRANTS WHO HAVE POSTED SUCH CONTENT, AND DO NOT REFLECT THE OPINIONS OF SUMMIT. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES LICENSES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Public Content. Any Registrant Content shall be considered non-confidential and non-proprietary. No Registrant Content posted via message boards, chat rooms or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on SUMMIT’ part and SUMMIT shall not be liable for any use or disclosure of any such Registrant Content.
Usage Limitations. Registrant Content may be subject to size and usage limitations. Registrants are responsible for adhering to such limitations.
4. Commercial Transactions.
Purchases. Products and/or services are offered for sale through the Site. In the event you wish to purchase any of these products or services, you will be asked by SUMMIT or an authorized third party on SUMMIT’s behalf to supply certain personally identifiable information (“PII”), including without limitation, your full name, address, telephone number and credit card information. You agree to provide SUMMIT or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any agreement that you may enter into which governs your purchase of such product or service. You shall be responsible for all charges incurred through your account as well as any shipping and applicable taxes.
Payment. Your right to use any service or product that is available for purchase through the Site is conditional on our receipt of payment for such service or product. If payment cannot be charged to your credit card or other payment mechanism or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your account. Order Processing Time. Your order will be processed and shipped within 24 hours (1 business day) from the date of order. Normal operating business hours are Monday – Friday, 9am – 6pm EST (excluding holidays). For any products not in stock at the time of your order shipment will be processed immediately upon receipt of the product. Shipping times will vary depending upon the selected shipping option.
5. Intellectual Property.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design selection and arrangement thereof) are owned by SUMMIT, its licensors or other providers of such material and are protected by us via contracts, licenses, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Copyright. Except for Registrant Content, any content contained in the Site and any newsletters or other materials created and distributed through the Site by SUMMIT (“SUMMIT Materials”), its licensors or suppliers are the property of SUMMIT or its licensors or suppliers, as applicable, and are protected under the copyright laws of the United States and other countries. You must abide by all copyright notices or restrictions contained on the Site. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for Your personal, non-commercial use.
SUMMIT Materials. Subject to the limited license set forth in Section 6.3 hereof, You will have the opportunity to download and use certain SUMMIT Materials. You acknowledge and agree that you shall not infringe or otherwise violate the copyright or other proprietary rights of any SUMMIT Materials.
Registrant Content. In connection with any and all Registrant Content, Registrant warrants and represents that (i) such Registrant either owns all rights title and interest in and to such Registrant Content, or, alternatively, (ii) such Registrant has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Registrant Content. By Posting Registrant Content to the Site, Registrant also warrants and represents that such Registrant Content does and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous or otherwise unlawful.
Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of SUMMIT or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or Post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Site, without Our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits SUMMIT, its licensors or suppliers. DMCA Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is Our policy to terminate the accounts of repeat infringers. If you believe that Your Registrant Content has been copied and Posted on the Site in a way that constitutes copyright infringement, please provide our copyright agent with the following information that is required by law: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that You claim is infringing is located on the Site; your address, telephone number, and e-mail address; a written statement 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SUMMIT actual knowledge of facts or circumstances from which infringing material or acts are evident. SUMMIT’ copyright agent for notice of claims of copyright infringement can be reached as follows: Please send an e-mail to firstname.lastname@example.org.
You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Site. Grant of License to Registrant Content. By Posting Registrant Content to the Site or by otherwise submitting Registrant Content to ss, Registrants automatically grant, and represent and warrant that they have the right to grant to SUMMIT, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Registrant Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Registrant Content (in whole or in part) and/or to incorporate such Registrant Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Registrant Content for any purpose, including for purposes of advertising and publicity on the Site and elsewhere. SUMMIT shall not be limited in any way in its use, commercial or otherwise, of any Registrant Content appearing on the Site. Registrants hereby waive any moral rights in, or approval rights to, such Registrant Content. Further, we have the explicit right to incorporate any Registrant Content into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever.
Grant of Limited License to SUMMIT Materials. As part of Your use of the Site, SUMMIT grants to you a revocable, non-exclusive, non-transferable and limited license, without the right to sublicense, for the sole purpose of downloading and viewing SUMMIT Materials on your personal computer for Your own personal, non-commercial use only. The grant of this limited license is in no way intended, and shall not be interpreted, to grant to you any rights or license permitting You (i) to translate, alter, copy, revise, modify, change, or create derivate works based on SUMMIT Materials in whole or in part; (ii) to publish, display, distribute, sell, rent or otherwise make SUMMIT Materials, in whole or in part, available to any third party; or (iii) to print or otherwise reproduce SUMMIT Materials, in whole or in part. Subject to the limited license granted in this Section 6.3, SUMMIT retains any and all rights that now or hereafter exist with respect to SUMMIT Materials.
SUMMIT and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites, we do not sponsor or endorse such websites, and we are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites and your access and use such websites at your own risk. You also acknowledge and agree that SUMMIT 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
You may include on your website a link to a Site, provided that your website does not violate any Content Restrictions. Further, your link, nor any other content on your website, shall not mislead or suggest that your website is sponsored by or affiliated with the Site. SUMMIT reserves the right to revoke, at any time, this limited authorization to link to the Site.
8. DISCLAIMER OF WARRANTIES.
REGISTRANTS AND USERS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE SITE IS AT THEIR SOLE RISK. SUMMIT EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE SITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE SITE. NO INFORMATION OBTAINED FROM SUMMIT, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. SUMMIT SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE SITE. SPECIFICALLY, SUMMIT DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SITE. SUMMIT MAKES NO GUARANTY OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT (INCLUDING REGISTRANT CONTENT) APPEARING ON THE SITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT (INCLUDING REGISTRANT CONTENT) THEREOF, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT (INCLUDING REGISTRANT CONTENT) CONTAINED THEREIN, LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT (INCLUDING REGISTRANT CONTENT) APPEARING ON THE SITE, ANY CONDUCT BY REGISTRANTS OR VISITORS, OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE. ANY SUCH PRODUCTS OR SERVICES PROVIDED AS PART OF THE SITE ARE ACQUIRED BY YOU “AS IS” AND “AS AVAILABLE”. SUMMIT NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY AND/OR THE RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON THE SITE. THE CONTENT IS NOT NECESSARILY COMPLETE OR UP TO DATE. ANY CONTENT MAY BE OUT-OF-DATE AT ANY TIME AND WE ARE UNDER NO OBLIGATION TO UPDATE IT.
You understand that we cannot and do not guarantee or warrant that filed available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERIVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITED LINKED TO IT. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF SUMMIT. SUMMIT MAKES NO GUARANTY OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
9. LIMITATION OF LIABILITY.
IN NO EVENT SHALL SUMMIT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY GOODS AND/OR SERVICES ACQUIRED THROUGH THE SITE, WHETHER OR NOT SUMMIT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SUMMIT TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH GIVE RISE TO YOUR CLAIM, OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU.
You shall indemnify and hold harmless SUMMIT, its affiliates or their licensors, service providers, employees, agents, officers or directors from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against SUMMIT, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with, any use or misuse of Registrant Content Posted to or transmitted through our Site, your use of our Site, your connection to our Site, your breach of this Agreement, or your violation of any law or the rights of a third party.
11. Third Parties.
13. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and SUMMIT by this Agreement.
Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to SUMMIT Management LLC, 8902 E. Via Linda, Suite 110-174, Scottsdale, Arizona 85258 and if to a Registrant at the email address provided in such Registrant’s registration information.
15. Governing Law.
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, excluding conflict of law provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Arizona although we retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your federal district or county of residence or any other relevant county. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF OUR SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
16. Class Action Waiver and Arbitration.
THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROVIDES THAT ANY DISPUTE ARISING FROM THIS AGREEMENT MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE WAIVERS SET FORTH IN THIS SECTION INCLUDE ANY CLAIM THAT YOU MAY HAVE AGAINST SUMMIT WITH RESPECT TO ANY THIRD PARTY SERVICE. TO THE EXTENT A PROVIDER OF A THIRD PARTY SERVICE JOINS SUMMIT IN ANY ACTION BETWEEN YOU AND SUCH PROVIDER, YOU AGREE THAT THIS SECTION SHALL APPLY TO ANY CLAIMS THAT YOU MAY HAVE AGAINST SUMMIT. IF NOT FOR THIS CLASS ACTION WAIVER AND ARBITRATION SECTION, YOU MAY HAVE OTHERWISE HAD A RIGHT TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS) AND YOU AND SUMMIT MAY OTHERWISE HAVE HAD A RIGHT TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU WAIVE ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL A DECISION.
The party filing a claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or JAMS in Phoenix, Arizona. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein. Arbitration hearings will be held at a place chosen by the arbitrator or arbitration administrator within Phoenix or the federal judicial district in which you reside at the time the claim is filed or at some other place as agreed by the parties in writing. Copies of the current rules of the arbitration administrators named above, and well as information about arbitration and arbitration fees, and instructions for initiating arbitration may be obtained by contacting JAMS or the American Arbitration Association.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by SUMMIT, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
18. Contact Us.
19. Electronic Communications.
By becoming a Registrant or by sending e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this Site. You consent to receive communications from us electronically. Further, you agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
No products purchased from this Site shall be resold without written permission from SUMMIT Management LLC.
21. Product Returns..
SUMMIT offers a 60-day money back guarantee. This means that you may return your purchase of LumaDream for any reason within 60 days of date of purchase for a full refund of the purchase price (less shipping & handling). To ensure that your account is properly credited and your return processed, you must contact Customer Service at 888-936-5482 or via email at help@TryLumaDream.com within 60-days of purchase in order to obtain an RMA number (“Return Merchandise Authorization” number). We cannot process returns that are simply marked “Return To Sender” so please DO NOT do this. You must obtain an RMA number, and include the number on your shipping address label, in order to return your product and receive a refund. Returned products must be sent to the following address:
RMA Number: ____________
LumaDream c/o FSI Fulfillment
7800 The Bluffs, Suite C
Austell, GA 30168