Welcome to Cupid’s Cronies, LLC d/b/a LUMA (hereinafter “LUMA”) a unique matchmaking service offering single adults the opportunity to be matched with other single adults. You agree to be bound by these Terms & Conditions of Service (this “Agreement”), whether you sign up as a Member or Client of LUMA:
2. Eligibility. You must be at least eighteen (18) years of age and single, legally separated or divorced from your spouse to become a Member or Client of LUMA. If you become a Member or Client, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If you choose to have LUMA perform a background check and we find information to the contrary of these eligibility requirements, or other concerning or conflicting information, you may be removed and banned permanently. This would not justify or result in a refund of any type.
3. Term. This Agreement will remain in full force and effect while you are a Client or Member. If LUMA terminates your membership because you have breached this Agreement, you will not be entitled to any refund of fees paid to LUMA. All decisions regarding the termination of accounts shall be made in the sole discretion of LUMA. LUMA is not required to provide you notice prior to terminating your membership. LUMA is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Client contracts with the Company supersede this.
4. Your Interactions with Members or Clients. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT LUMA CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS UNLESS REQUESTED AND PURCHASED BY A MEMBER. LUMA ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. LUMA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. LUMA RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.IN NO EVENT SHALL LUMA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS AND/OR CLIENTS OR PERSONS YOU MEET THROUGH LUMA. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS AND/OR CLIENTS, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON. YOU UNDERSTAND THAT LUMA MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH LUMA. YOU SHOULD NEVER PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS AND/OR CLIENTS.
5. Proprietary Rights. LUMA owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of LUMA. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
6. Prohibited Activities. LUMA reserves the right to investigate and terminate your Membership if you have misused the services of LUMA, or behaved in a way which could be regarded as inappropriate or engaged in conduct that is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the services of LUMA:
a. You will not impersonate any person or entity.
b. You will not “stalk” or otherwise harass any person.
c. You will not express or imply that any statements you make are endorsed by LUMA without our specific prior written consent.
d. You will not post, distribute or reproduce in any way any copyrighted material.
e. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
f. You will not email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
g. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
h. You will not “frame” or “mirror” any part of the Service or the Website, without LUMA’s prior written authorization.
i. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the services of LUMA.
6. Communications and Use of Information. When you become a Client or Member of LUMA, you agree and consent to receive email, text, phone and other communications from us. These communications may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or communications containing commercial offers, promotions or special offers from us or third party partners. You hereby give consent and authorization to LUMA for the use of your photographs, pictures or images in connection with LUMA’s matchmaking services, and you waive and forever releases LUMA from and against any and all claims, demands or causes of action arising out of, or associated with LUMA’s use of your photograph, picture or image. The authorization and consent granted herein shall continue in full force and effect until a written revocation is executed and delivered to LUMA by you. You understand and agree that some editing of your profile and photos by LUMA may be necessary. You understand and agree any contact information of other Clients or Members that is released to you only and may not be shared with others, whether or not they are LUMA Clients or Members.
7. Interaction with Representatives. LUMA provides assistance and guidance through its representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to terminate your membership. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.
8. Disclaimer.In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. LUMA makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
9. Links. The Service may provide, or third parties may provide, links to other Internet sites or resources. Because LUMA has no control over such sites and resources, you acknowledge and agree that LUMA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LUMA 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 upon, any such content, goods or services available on or through any such site or resource.
10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will LUMA be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of services, even if LUMA has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, LUMA' liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to LUMA for the services during the term of a Client Services Agreement.
11. Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association venued in Minneapolis, Minnesota. You may not under any circumstances commence or maintain against LUMA any class action, class arbitration, or other representative action or proceeding.
12. Notice of Rights. By using the services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and LUMA. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
13. Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against LUMA may be commenced only in the federal or state courts located in Minneapolis, Minnesota. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
14. Governing Law. This Agreement, and any dispute between you and LUMA, shall be governed by the laws of the State of Minnesota without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
15. Indemnity by You. You agree to indemnify and hold LUMA, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
16. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
16. Amendments. This Agreement contains the entire agreement between you and LUMA regarding the use of its services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by LUMA at any time. The revised terms will be effective upon posting on the LUMA website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. Please Contact Us with any questions regarding this agreement. LUMA are trademarks of LUMA. BY USING THIS SITE, YOU CERTIFY THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.