TErms of Service
LUMEN SELECT TERMS OF USE
In consideration of Lumen Select, LLC, a Delaware corporation (“Lumen Select,” “we,” “us” or “our”) providing you (which term, as used herein, includes you personally and, if you are using this website on behalf of the company or organization on whose behalf we grant you access, such company and organization) access to our Internet website, https://www.lumenselect.com, (the “Site”) and the information, documents, reports, data, features, functionalities and software that may be offered to you through or in connection with your use of and/or access to the Site and the other materials on the Site (collectively, and as such may be revised from time to time by us, the “Content”), you hereby agree to the following terms and conditions (the “Terms of Use”).
If you do not agree to these Terms of Use, do not submit information to, or access information from the Site.
Lumen Select reserves the right to modify or change these Terms of Use at any time upon written notice to you. The most current copy of these Terms of Use will be posted and available for review here. Your continued use of the Site means that you accept and agree to the revised Terms of Use. Your sole and exclusive remedy if you are dissatisfied with the Site is to discontinue your use of the Site.
Your Use of the Site
You agree to use the Site only for lawful purposes. Specifically, you agree not to engage in any of the following prohibited activities:
You have choices when it comes to the technology you use and the data you share. When we ask you to provide personal data, you can decline. Many of our products require some personal data to provide you with a product or a service. If you choose not to provide data necessary to provide you with a product or feature, you cannot use that product or feature. Likewise, where we need to collect personal data by law or to enter into or carry out a contract with you, and you do not provide the data, we will not be able to enter into the contract.
How we use personal data
Lumen uses the data we collect to provide our products and to support your use of our website, “www.lumenselect.com”.
Use, display, mirror or frame the Site, any individual element within the Site, the Lumen Select name, trademark, logo or other proprietary information, or the layout and design of any page or feature, without our express written consent;
Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any Lumen Select system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lumen Select or any of our providers or any other third party (including another user) to protect the Site;
Attempt to scrape or download any content from the Site, or otherwise use, upload content to, or create new links, reposts, or referrals in the Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lumen Select or other generally available third party web browsers;
Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
Use the Site for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by Lumen Select or in any manner not permitted by the Terms of Use;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the activities prohibited by these Terms of Use
Copyright and Other Intellectual Property
The entire contents of the Site (including without limitation, the Content, all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Lumen Select or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.
You are authorized only to use the content on the Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Lumen Select. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Site without our prior written consent except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in the Site are transferred to you.
The term “Lumen Select” is a registered trademark of Lumen Holdings, LLC.
Liability of Lumen Select
THE SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER LUMEN SELECT NOR ANY PERSON ASSOCIATED WITH LUMEN SELECT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER LUMEN SELECT NOR ANYONE ASSOCIATED WITH LUMEN SELECT WARRANTS OR REPRESENTS THAT THE SITE, THE SITE CONTENT, OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER OR SERVICE THAT MAKES THE SITE AVAILABLE WILL BE FREE OF VIREUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXEPECTATIONS.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LUMEN SELECT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. ALL INFORMATION OR CONTENT ACCESSED THROUGH THE SITE IS ACCESSED AT THE USER’S OWN DISCRETION AND RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUMEN SELECT BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS REPUTATION, OR INTERRUPTION OR LOSS OF BUSINESS), (II) INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, (III) RELIANCE BY YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, OR (IV) ANY DAMAGES, COSTS OR LOSSES ARISING FROM YOUR FAILURE TO KEEP YOUR LOGIN AND/OR PASSWORD SECURE.
To the maximum extent permitted by law, Lumen Select’s entire liability to you under these Terms and Conditions shall be to refund to you fees paid by you to Lumen Select hereunder for the access to and use of the Site in the twelve (12) month period prior to the date of the claim, and in no event will Lumen Select’s liability for any reason exceed such fees.
Lumen Select (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from your use of the Site or the Content, and you shall defend, indemnify and hold harmless Lumen Select (and Lumen Select’s officers, directors, employees and agents) from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other you arising from your use of the Site or the Content. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
Links to Other Sites
The Site may contain hyperlinks to other websites on the Internet that are not controlled by Lumen Select. Lumen Select shall not be responsible and does not endorse the services or products provided by any third-party website so linked or otherwise framed within the Site.
Personally Identifiable Information
Lumen Select’s use of your personal information and our responsibilities in connection with such information are described in Lumen Select’s Privacy Policy which is available here and incorporated by reference into these Terms of Use for all purposes.
Insurance Matters
Lumen Select is a licensed insurance producer in the states where Lumen Select offers its products and services, which have been approved for use by the applicable departments of insurance in such states. Lumen Select makes no representation that the products or services available through the Site are appropriate or lawful outside of the states where Lumen Select is licensed as an insurance producer. You agree that if you access the Site from a jurisdiction where Lumen Select is not a licensed insurance producer, such access is for general informational purposes only.
The insurance quotes generated by the Site are based on information you provided to us through your use of the Site, as well as, in some cases, information we obtain from third parties. Such quotes do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue or renew insurance coverage. The coverage descriptions provided on the Site are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. To obtain insurance coverage you must complete all of the steps in this Site through the final application through this Site. Applications are subject to underwriting review and approval.
Governing Law
These Terms of Use shall be governed in all respects by the laws of the State of Delaware, without giving effect to the choice of law provisions thereof. By using the Site, you agree that the courts located within the State of Delaware shall have exclusive jurisdiction over all claims or causes of action arising out of these Terms of Use, and hereby waive any jurisdictional objection thereto, including without limitation forum non conveniens.