The following Terms and Conditions of Use (“Terms”) is an agreement between you, the user (“you”), and Lumity, Inc., dba as Lumity Insurance Services, Inc., and its affiliates (“Lumity” or “we”) with respect to your use of the website Lumity.com, including any subdomains or web services available thereon (the “Site”).
- Acceptance of Terms and Conditions of Use
By using the Site, you agree to comply with these Terms and Conditions. Please review them carefully. If you do not comply or agree with these Terms and Conditions, please do not access or use the Site or any of its Content (as defined herein).
These Terms may be revised or updated from time to time. You should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Updated” legend at the bottom of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Site and information collected from you on and after Last Updated date, unless we have other communications with you.
We may modify, suspend or discontinue, temporarily or permanently, the Site or the Content of the Site at any time. In addition, Lumity may suspend, discontinue, restrict or terminate your use of the Site at any time for any reason or no reason with or without notice. Lumity will not be liable to you or any third party for any such suspension, discontinuance, restriction or termination.
You represent and warrant that you are at least 18 years of age and possess the legal authority, based on the state of your residence, to enter into this Agreement, access the Site and use Lumity’s products and services. If you intend to access and use Lumity’s services and products for a minor, you must be the legal guardian for such minor and agree that you will supervise all usage on such minor account.
- Permitted Uses
The content available through the Site, including without limitation text, graphics, brochures, materials, charts, audio, animation, videos, logos, icons, images, media, data, the look and feel of the Site, software, products, features, tools and other information, materials or services available on, or from, the Site (the “Content”) is the sole and exclusive property of Lumity, its licensors, or other content providers.
The Content is made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Site or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. Any rights not expressly granted by these Terms are expressly reserved by Lumity.
Lumity hereby grants you permission to access and use the Site subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of the Terms on your part:
- You agree not to access (or attempt to access) any of the services by any automated means (including use of scripts or web crawlers) or means other than through the interface that is provided by Lumity.
- You agree that you will not engage in any activity that interferes with or disrupts the Site, or the servers and networks which are connected to the Site.
- You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Content, products or services available on the Site for any purpose.
- You will not interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site. In addition, you are prohibited from violating or attempting to violate the security of the Site by, for example, attempting to access data not intended for you or logging into a server or account you are not authorized to access. Violations and attempted violations of system or network security may result in civil or criminal liability. Lumity will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.
- You agree that you are solely responsible for (and that Lumity has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Lumity or any third party may suffer) of any such breach.
- Proprietary Rights
You acknowledge and agree that, as between Lumity and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property and proprietary rights, are owned exclusively by Lumity, or its suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to Lumity or its suppliers, vendors, merchants, licensors, or Activities partners or sponsors. Lumity reserves all rights in and to the Lumity trademarks and servicemarks, and you agree not to use such marks in any connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lumity. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Third party trademarks referenced on the Site do not constitute or imply affiliation with or endorsement of Lumity by the respective trademark owners, or by Lumity of the respective trademark owners.
Copyright: All Content, including material made available for download from the Site, is the copyright and property of Lumity or its suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, reprint, republish, modify, distribute, transmit, republish, sell, resell or exploit, or create derivative works based upon, any portion of the Site or the Content, for any purpose, or in any form or media, other than as expressly authorized by Lumity in writing. You shall not alter, obscure or remove any proprietary notices, including copyright notices, contained on any downloaded materials.
DMCA Contact Information: We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied on the Site in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
71 East 3rd Avenue
San Mateo CA 94401
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Lumity may also terminate a user’s account.
- Warranty Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, INCLUDING ANY CONTENT CONTAINED WITHIN OR ACCESSED FROM THE SITE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND LUMITY HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
THE SITE AND CONTENT SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE CONTENT AND ANY THIRD PARTY WEBSITES OR SERVICES ACCESSED OR REFERENCED FROM THE SITE. WITHOUT LIMITING THE FOREGOING, LUMITY AND/OR ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF ANY OF THE CONTENT ON THE SITE, OR THAT THE SITE, ITS SERVERS OR E-MAILS SENT FROM LUMITY OR ITS SERVICE PROVIDERS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMITY AND/OR ITS LICENSORS AND SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR CONTENT AVAILABLE ON OR ACCESSED FROM THE SITE, AND/OR ANY THIRD PARTY WEBSITES OR SERVICES ACCESSED OR REFERENCED FROM THE SITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LUMITY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE CONTENT AND/OR ANY THIRD PARTY SITE OR SERVICES IS TO STOP USING THE SITE, CONTENT AND/OR THOSE SERVICES.
Although Lumity attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Lumity (email@example.com) so that it can be corrected.
- Products and Services May Not be Available in All States
We provide insurance services and products described on this Site only to persons in those states and jurisdictions where such products and services may legally be sold. Nothing on our Site should be considered a solicitation to buy or an offer to sell any products or services to any person or company in any jurisdiction where such offer, solicitation, purchase or sale would not be lawful.
- Accounts on Lumity
If you create an account on the Site, you are responsible for protecting the confidentiality of your account and password and for restricting access to your account. You understand and agree that you are responsible for all activities that occur under your account or password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Lumity of any unauthorized use of your password or account or any other breach of security. You are solely responsible (to Lumity and others) for all activity that occurs under your Lumity account. If you have the ability to upload materials to your account, you are solely responsible to backup such materials. Lumity reserves the right to delete or remove any materials uploaded to any account at any time in its sole discretion. Lumity is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. By creating or maintaining an account, you consent to receipt of notices and disclosures in an electronic format, to the extent permitted by law. Lumity, however, reserves the right to provide paper notices and disclosures in its sole and absolute discretion.
- Links or Pointers to Other Sites
The Site may contain advertisements, postings and links to websites, applications or services operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites, applications or services is at your own risk. The advertisements, postings and linked sites are not under the control of Lumity, which is not responsible for their content or privacy practices. Lumity makes no representations whatsoever about any other website that you may access though this Site. In addition, a hyperlink to another website from the Site does not mean that Lumity endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure accuracy of the information and that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You acknowledge and agree that Lumity is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
- Confidential and Proprietary Information; Consent to Electronic Disclosure
In addition, by using Lumity’s service, you may be asked to consent to receive electronic disclosure of Employee Benefits notices, such as Summary Plan Descriptions and plan amendments. If you provide such consent, you must have access to equipment and software required to log into the Site and access, review and print such documents. By using Lumity’s service, you also understand and agree to receive Employee Benefit notices electronically and to be notified of employee benefit notices using the email address you have provided to Lumity.
You may withdraw your consent to electronic disclosure at any time by sending an email to firstname.lastname@example.org. If you withdraw your electronic disclosure consent, you are entitled to receive a paper copy of all Employee Benefit notices, including Summary Plan Descriptions, COBRA notifications and enrollment information, and plan amendments, upon request at no charge. Lumity may deliver other documents and information in electronic format to your registered e-mail address or to your Lumity account. While Lumity intends on delivering most information electronically, it reserves the right to deliver certain documents in hard copy, in its sole discretion.
- Your Accounts with Third Party Sites and Services
To use Lumity’s products and services, you may need to provide further consent and authorize Lumity to access and manage accounts (and information within such accounts) that you may have set up with other companies (e.g. payroll companies, health insurance companies). In certain cases, based on your prior instructions, we may open, on your behalf, accounts with other companies (e.g. with payroll processors or health insurance companies) and make changes to such accounts, as necessary to manage your benefits programs.
More information on what information will be accessed, used, changed or otherwise updated is provided on the Consent Form that you will be required to agree to before submitting such information to Lumity. This form is available on request by emailing us at email@example.com.
- Broker Disclosure
As your insurance broker, Lumity represents you. Lumity may receive commission from insurance companies for placing your insurance. These commission rates are set by the insurance companies, based on health insurance rates filed and approved in your market. Lumity may be required by law to charge separate fees and costs when you use certain of the more complex functions available in certain states. This requirement is based on insurance laws in various states. You will be notified of any fees if you access such functions in a relevant jurisdiction.
- Existing Insurance Coverage
DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT.
- Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is Lumity, Inc. 71 East 3rd Avenue Suite San Mateo CA 94301. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to firstname.lastname@example.org
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
- Choice of Law and Venue
Unless required otherwise by Federal or other applicable law, these Terms shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. You agree that any dispute arising under these Terms shall be resolved by the state or federal courts sitting in San Mateo County in the State of California, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
- Licensing Information and Address
Lumity, which owns and operates the Site, is a licensed insurance broker in the states of California, Florida and New York. For more information on licensing, please review our licensing disclosure.
Lumity has its principal places of business at:
71 East 3rd Ave
San Mateo, CA 94401