Terms and Conditions

OVERVIEW

These Terms and Conditions constitute a legally binding agreement made between you, the business entity or representative (“you”), and Luminaqua (“we,” “us,” or “our”) concerning your access to and use of the https://luminaqua.com/ website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to it (collectively, the “Site”).

By using our Site https://luminaqua.com/, you agree to the Terms and Conditions outlined in this Agreement (“Agreement”) with respect to our Site. A breach or violation of any of the Terms will result in an immediate termination of our Services. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. We reserve the right to change, modify, or remove the Site’s contents at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice. 

SECTION 1 – WEBSITE TERMS

By agreeing to these Terms and Conditions, you represent that you are authorized to act on behalf of a business entity and have the authority to bind that entity to these Terms and Conditions. You may not use our products for any illegal or unauthorized purpose, nor may you, in using our Services, violate any laws in your jurisdiction.

The Services are not intended for use by individuals under the age of 18. If you are under 18 years old, you may only use the Services with the consent of a parent or guardian.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse to sell our products and offer our Services to any business entity for any reason at any time.

You understand that your content (not including confidential or sensitive information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which our services are provided without express written permission by us, except for user-generated content posted in public areas of the Services, which may be accessible by anyone.

The headings in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information on our Site is not accurate, complete, or current. The material on this Site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor any changes.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any products or services we offer (or any part or content thereof) without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to the terms specified in our separate B2B agreements.

Despite every effort to accurately depict our gemstones’ colors, actual colors may vary due to your monitor settings, graphics card, browser settings, etc. Therefore, by purchasing from Luminaqua, you acknowledge that there may be variations between the actual color and the representation on our website.

We reserve the right but are not obligated, to limit the sales of our products or services to any business entity, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed by a business entity. In our sole discretion, we may limit or cancel quantities purchased per business entity per order. These restrictions may include orders placed by or under the same business entity account. If we change or cancel an order, we may attempt to notify the business entity representative by contacting the email address provided when the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on behalf of your business entity. You agree to promptly update your account and other information, including your email address and payment information, so we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you access to third-party tools we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions and any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Site may include third-party materials. Third-party links on this Site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties. We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with any third-party websites.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

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 statements.
3. To respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content 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 or these Terms and Conditions.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another 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 affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy.

SECTION 10 – PERSONAL INFORMATION

Our Privacy Policy governs the submission of personal information through our Site. Please visit the Privacy Policy page on our website and review the information carefully. We take the privacy and security of your personal information seriously and are committed to safeguarding it by applicable data protection laws and regulations.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our Site or Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as outlined in the Terms and Conditions, you are prohibited from using the Site or its content:

1. To participate in any unlawful acts.
2. To solicit others to perform or participate in any unlawful acts.
3. To violate international, federal, provincial, or state regulations, rules, laws, or local ordinances.
4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
6. To submit false or misleading information.
7. To upload or transmit viruses or any other malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet.
8. To collect or track the personal information of others.
9. To use any confidential pricing quotes or invoiced amounts provided by Luminaqua in furtherance of your business or anyone else’s business, whether or not in competition with Luminaqua.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through our Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Luminaqua, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products purchased using our Site, or for any other claim related in any way to your use of the Service or any product purchased, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Luminaqua and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third party.

SECTION 15 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms and Conditions are effective unless and until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services or when you cease using our Site. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 – MISCELLANEOUS

This Agreement constitutes the entire and only Agreement between you and us. It supersedes all prior or contemporaneous agreements, representations, warranties, and understandings concerning the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not be construed as waiving such right or provision.

SECTION 17 – GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you our products and services shall be governed by and construed in accordance with the laws of the United States of America.

SECTION 18 – DISPUTE RESOLUTION

If there is any legal dispute or claim related to this Agreement or our services, except for legal action we may take to collect damages, obtain injunctions, or defend our intellectual property or services associated with the Site; it will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (‘AAA’). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the United States necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through the American Arbitration Association.

SECTION 19 – CALIFORNIA USERS AND RESIDENTS

In case any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

SECTION 20 – CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page. At our sole discretion, we reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.