Terms of Use

Introduction

This document (referred to as "terms of use", "terms of service", "terms", or "terms and conditions") governs your access to and use of our websites, applications, and services (collectively referred to as "services" or "our services"). These services are provided to you by Luminaire LLC. ("Luminaire LLC.", "Luminaire", "luminaire.com", "we", or "us"). This agreement does not alter the terms or conditions of any other agreement you may have with Luminaire LLC.

Acceptance

Luminaire LLC is a privately held U.S. company operating under the name Luminaire in the State of Florida. By using our services and/or purchasing a product, you agree by reasonable and valuable consideration to the terms and conditions herein, which constitute a binding agreement between you and Luminaire LLC. These terms outline and detail your rights and obligations while using our services. If you do not agree to these terms, including our privacy policy, terms of sale, refund policy, and shipping policy, you may not use our services or purchase our products.

Account Registration

Some features of our services require an account. You agree to provide accurate, up-to-date, and complete account information and maintain it as such. To ensure a secure environment, we may verify your account details at any time and limit access if verification is incomplete or unsuccessful. Accounts are available only to individuals who are 18 years of age or older. We reserve the right to suspend, terminate, modify, or delete any account at any time for any reason, with or without notice.

Accessibility

Luminaire is committed to ensuring our website is accessible to all users, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA) Title III. For full details please review our Accessibility Statement.

SMS Messaging

By signing up for Luminaire SMS messaging or otherwise providing your mobile phone number for SMS communications, you agree to receive recurring automated text messages (SMS and MMS) from Luminaire at the mobile number you provide. These messages may include account updates, order or service notifications, cart reminders, and promotional or marketing messages about our products and services. Message frequency may vary.

Message and Data Rates: Standard message and data rates may apply from your mobile carrier. Check your mobile plan for details.

Consent Not a Condition of Purchase: Your consent to receive automated text messages is not a condition of any purchase or use of our services.

Opt‑Out: You may opt out of receiving SMS messages from Luminaire at any time by replying STOP to any message. You may also text STOP, CANCEL, END, UNSUBSCRIBE, or QUIT (if supported by your carrier). After you send a stop request, you may receive one final confirmation text to confirm that you have been unsubscribed, after which you will no longer receive SMS messages from us.

Help: For assistance with our SMS program, reply HELP to any message or contact us using the support information provided on our website.

Delivery: SMS message delivery is subject to your mobile carrier and network conditions and is not guaranteed. Luminaire is not liable for delayed or undelivered messages caused by your carrier, network issues, or other factors outside our control.

Mobile Number & Authorization: By providing your mobile number, you represent that you are the current authorized user or customary user of that number and that you are authorized to provide consent to receive text messages at that number. If you change, deactivate, or reassign your mobile number, you agree to promptly update your account information or otherwise notify us to prevent messages from being sent to the person who acquires your old number.

Privacy: For information on how we collect, use, and protect your personal information, including your mobile number, please review our privacy policy.

Pricing

Products, services, and subscriptions offered for sale through our websites and apps constitute an invitation to enter into a sales agreement. A sales contract is finalized only when we confirm your order. The total price for your order will be displayed on the final checkout page before purchase. A receipt with the final total price will also be sent to the email address you provide during checkout.

We reserve the right to modify prices and fees for products, services, and subscriptions at any time. Please note that we do not offer price protection or refunds in response to promotions, discounts, or subsequent price reductions.

Payment Disputes and Chargebacks

If you have a question or concern regarding a charge from Luminaire, you agree to contact us directly before initiating a chargeback or payment dispute with your bank or credit card issuer.

If you initiate a chargeback without first contacting us, we reserve the right to dispute the chargeback, suspend or terminate your account, and recover any amounts owed including reasonable costs incurred in disputing the chargeback. Initiating a fraudulent or unjustified chargeback may be considered a breach of this agreement.

Nothing in this section limits your rights under applicable consumer protection laws.

User Content

User content includes any material you or others post, upload, or share while using our services. This can include, but is not limited to, usernames, photos, videos, reviews, discussions, and other media. While you retain ownership of the content you create, you grant us a non-exclusive, royalty-free license to use, modify, distribute, and display your content across various formats and platforms.

By submitting content, you confirm it does not violate the intellectual property rights of others. Some content may be permanent and cannot be deleted, even if your account is terminated. We reserve the right to remove or moderate content that violates our policies or disrupts others' use of our services. Content promoting violence, hate speech, or illegal activities is strictly prohibited.

User Conduct Policy

By accessing or using our services, you agree to adhere to the following conduct standards. You will not:

• Engage in Illegal Activity: Use our products or services for any unlawful purpose or in violation of any local, state, national, or international law or regulation.
• Violate Rights: Infringe upon or violate the rights of others, including privacy, intellectual property, or contractual rights.
• Distribute Harmful Content: Upload, post, transmit, or otherwise distribute content that is unlawful, harmful, defamatory, abusive, obscene, invasive of privacy, or otherwise objectionable.
• Disrupt Service: Interfere with or disrupt the operation of the service, servers, or networks, including introducing viruses, malware, or any other harmful code.
• Impersonate Others: Misrepresent your identity, affiliation, or authorization to act on behalf of another party.
• Engage in Unauthorized Activities: Attempt to gain unauthorized access to any portion of the service, accounts, or networks connected to the service through hacking, phishing, or other means.
• Misuse Resources: Exploit, scrape, or harvest data from the service, or use automated systems to extract data, unless explicitly permitted.
• Transmit Spam: Send unsolicited messages, advertisements, or promotions (i.e., "spam") through the service.

Enforcement: We reserve the right to investigate and take appropriate legal action for any violations of this policy, including suspension or termination of access to our services without prior notice.

Fraud Detection & Prevention

We reserve the right to decline processing any order if fraud, unauthorized activity, or illegal activity is suspected. In such cases, we may cancel the order or contact you at the email address and/or phone number provided to verify certain information. We reserve the right to hold any order from fulfillment until the verification process is complete. Additionally, we may cancel accounts or refuse to ship to certain addresses if such activity is suspected. We may also block suspected IP addresses or entire IP subnets if we detect fraud or any other unusual activity originating from such. These measures are implemented to protect both our customers and our business from fraudulent or unauthorized activities.

Unsolicited Ideas

Luminaire does not accept or consider unsolicited ideas or proposals. Any such submissions will not be treated as confidential, and we will not compensate you for them.

Personal Use Limitation

Unless specifically agreed in writing, you may not copy, modify, distribute, or create derivative works based on our services' content, software, or source code.

Copyright

All content available through our services, including designs, logos, text, and software, is the property of Luminaire LLC or its suppliers and/or content providers and is protected by intellectual property laws. Unauthorized use or distribution of this content is prohibited.

Trademarks & Brands

Luminaire™ is a registered trademark of Luminaire LLC. Other trademarks, logos, and brand names appearing on our services or products belong to their respective owners. Unauthorized use of our trademarks without prior permission is prohibited.

Any mention of third-party trademarks or trade names is strictly for descriptive purposes, intended to identify the character of products and facilitate comparison. These references are made solely to provide customers with an understanding of the character of a product and to comply with applicable comparative advertising standards.

Claims of Intellectual Property Violations

If you believe that material on our services or products infringes on your intellectual property rights, you may file a DMCA Notice with our designated agent. See 17 U.S.C. § 512 for further detail.

Luminaire LLC
Attn: Legal Department
8950 NW 33rd St.
Doral, FL 33172
United States
Email: info@luminaire.com

To be effective, the DMCA Notice must include all of the following:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
• A description of the intellectual property work that you claim has been infringed;
• A description of where the material that you claim is infringing is located;
• Your address, telephone number, email address, and all other information reasonably sufficient to permit Luminaire to contact you;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the intellectual property owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Service Outages and Data Loss

Our services may occasionally become unavailable due to scheduled maintenance or unexpected outages. We do not guarantee uninterrupted access to our services.

Force Majeure

Luminaire shall not be liable for any delay or failure to perform its obligations under this agreement where such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, hurricane, earthquake, war, terrorism, civil unrest, government action, labor disputes, supply chain disruptions, carrier delays, or failure of third-party service providers. In such events, our obligations will be suspended for the duration of the circumstances. We will make reasonable efforts to notify you of any significant delays and to resume normal operations as quickly as possible.

Typographical Errors

The site may include technical inaccuracies or typographical errors. Changes may be made periodically and at any time to the site. Products may be mistakenly listed at inaccurate prices, they may be mistakenly listed as available when, in fact, they are unavailable, or they may be mistakenly described. In the event that a product is mistakenly listed at an incorrect price, mistakenly described or mistakenly listed as available, Luminaire reserves the right to refuse or cancel any orders placed such product. Luminaire reserves 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, Luminaire shall issue a credit to your credit card account for the price paid.

Relationship

This document does not create any partnership, joint venture, agency, or employment relationship between you and Luminaire LLC.

California Proposition 65 Notice

Some products sold on this website may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information, visit www.p65warnings.ca.gov.

Disclaimer of Warranties

THIS SITE AND ALL INFORMATION, SERVICES AND MATERIALS PROVIDED TO YOU VIA THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR GURANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LUMINAIRE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES, REPRESENTATIONS, CONDITIONS AND GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT. LUMINAIRE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR - FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUMINAIRE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT LUMINAIRE SHALL NOT BE RESPONSIBLE FOR ANY FAILURES OR OMISSIONS ASSOCIATED WITH YOUR USE OF THE SITE.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Luminaire, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of our services, products, or any content provided on the website, or for any other claim related in any way to your use of our services or products.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Under no circumstances shall our total liability to you for all claims exceed the amount you paid, if any, for accessing or using our services or products within the 12-month period preceding the event giving rise to the claim.

This limitation of liability applies to the fullest extent permitted by applicable law and survives any termination or expiration of this agreement or your use of our services or products.

Indemnification

You agree to indemnify, defend, and hold harmless Luminaire, its affiliates, officers, directors, employees, agents, and representatives from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising from your use of our services or products, your breach of this agreement, or your violation of any law or rights of a third party.

Account Termination

You may terminate your account if it is in good standing and has no outstanding balance. We may suspend or terminate accounts at our discretion for any reason. Account data may be retained in compliance with our privacy policy and applicable laws.

Access to Our Services

We may modify, suspend, or discontinue any part of our services at any time without notice. We also reserve the right to refuse service to anyone for any reason.

Governing Law and Disputes

This agreement is governed by the laws of the State of Florida and the Federal Arbitration Act, without regard to conflict of law provisions. Any disputes not subject to arbitration shall be adjudicated exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction in those courts.

Informal Resolution

Before initiating any formal dispute, you agree to first contact Luminaire in writing and attempt to resolve the matter informally. Luminaire will have 30 days to respond and attempt resolution. If the dispute remains unresolved after that period, either party may proceed to arbitration as described below.

Binding Arbitration

Except as provided below, any dispute, claim, or controversy arising out of or relating to your use of our website, products, services, or this agreement will be resolved through binding individual arbitration under the American Arbitration Association's Consumer Arbitration Rules. Arbitration will be conducted in Miami-Dade County, Florida. Arbitration decisions are final, binding, and enforceable in any court of competent jurisdiction. All arbitration proceedings and outcomes are confidential and may not be disclosed without the mutual written consent of both parties.

Luminaire will cover arbitration filing costs to the extent required by applicable AAA rules or law.

Waiver of Class Action and Jury Trial

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

Exceptions to Arbitration

The following matters are excluded from arbitration and may be brought in a court of competent jurisdiction in Miami-Dade County, Florida:

• Intellectual property disputes
• Claims for injunctive or other equitable relief
• Small claims court matters
• Regulatory or governmental matters

Arbitration Opt-Out

You have 30 days from the date of your first purchase or first submission of personal data to opt out of the arbitration provision in this agreement. To opt out, you must notify Luminaire in writing by one of the following methods:

Luminaire LLC
Attn: Legal Department
8950 NW 33rd St.
Doral, FL 33172
United States
Email: info@luminaire.com

Your opt-out notice must include your full name, mailing address, email address associated with your account, and a clear statement that you are opting out of the arbitration provision. If you do not opt out within this 30-day window, you agree to be bound by the arbitration terms set forth in this agreement. Opting out of arbitration does not affect any other provision of these terms.

Assignment

Luminaire may assign its rights and obligations under this agreement to any party at any time without notice to you. You may not assign your rights or obligations under this agreement without Luminaire's prior written consent.

Governing Language

These terms of use and all related documents are drafted in the English language. In the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail and control in all respects.

Trade Control Laws

Our services must comply with U.S. trade control laws. We do not provide accounts or shipments to restricted countries.

Right to Modify

We reserve the right to update these terms at any time. Updates will be posted on our website, and continued use of our services constitutes acceptance of the updated terms.

Entire Agreement

These terms of use, together with our privacy policy and any other policies referenced herein, constitute the entire agreement between you and Luminaire LLC regarding your use of our services and supersede all prior agreements, representations, and understandings, whether written or oral.

Severability

If any provision of these terms is deemed unenforceable, the remaining provisions remain in effect.

Headings

Headings in this document are for convenience only and do not affect the interpretation of the terms.

No Legal Advice

This document is not intended to provide legal advice. If you have legal questions, consult a qualified attorney.

Have Questions?

If you have questions or concerns regarding our terms and policies, please reach out to us.