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Terms of Service

lucemio TSS (also known as “lucemio LLC” and lucemio – Traditional Search Solutions (TSS)) operates the www.lucemio.net web site (the “Site”) to provide online access to information regarding products and services available from lucemio TSS (the “Service”).

By accessing and using the Site, you agree to each of the terms and conditions set forth herein (“Terms of Service”). If you do not agree with any of the Terms of Service, you are not authorized to access or use the Site for any purpose. By using the Site, you express your understanding and agreement that you are bound by this Agreement. If you are unwilling to be bound by this Agreement, do not use the Site.

lucemio TSS reserves the right to modify the Terms of Service at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Service as modified. The last date these Terms of Service were revised is set forth below.

1. INTELLECTUAL PROPERTY

The Service, the Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site (the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to lucemio TSS or its affiliates or third parties.

You may use the Site, the Service and the Content solely for your personal, noncommercial use. You may download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. lucemio TSS reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.

You agree not to modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site or the Service, except as expressly permitted by the Terms of Service. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page. You may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

2. DISCLAIMERS

a. Third Party Links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by lucemio TSS of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that lucemio TSS is not responsible for the availability of any such web sites and that lucemio TSS does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon.

b. Downloading Files. lucemio TSS cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with you.

c. International Use. lucemio TSS makes no representation that the Service or Content is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

3. DISCLAIMER OF WARRANTIES

YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT PROVIDED BY THE SITE OR THE SERVICE. LUCEMIO TSS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. LUCEMIO TSS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. LUCEMIO TSS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUCEMIO TSS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. LUCEMIO TSS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. LUCEMIO TSS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

4. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT LUCEMIO TSS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT. YOU ALSO UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL LUCEMIO TSS OR ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, AGENTS, ADVISORS, CONTRACTORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, AND THIRD PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (I) ANY DIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY OR IN ANY WAY RELATED TO USE THE SITE, THE SERVICE, OR THE CONTENT, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LUCEMIO TSS, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, AGENTS, ADVISORS, CONTRACTORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, AND THIRD PARTY CONTENT PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, (II) ANY CLAIM, DAMAGES, INJURY, WITHOUT LIMITATION, ATTRIBUTABLE TO ERRORS, OMISSIONS, ANY FAILURE OF PERFORMANCE, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF LUCEMIO TSS, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, AGENTS, ADVISORS, CONTRACTORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, AND THIRD PARTY CONTENT PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH LUCEMIO TSS ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, AGENTS, ADVISORS, CONTRACTORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, AND THIRD PARTY CONTENT PROVIDERS IS TO DISCONTINUE USING THE SITE. YOU AND LUCEMIO TSS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LUCEMIO TSS’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT WILL, IN NO EVENT, EXCEED $500.00.

5. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless lucemio TSS, its affiliates and their officers, directors, licensors, employees, agents, advisors, contractors, service providers, subcontractors, suppliers, and third-party content providers from and against any and all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees and court costs, arising or resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. lucemio TSS reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with lucemio TSS in the defense of such matter.

6. PRIVACY POLICY

To view lucemio TSS’ Private Policy.

7. USER CONDUCT

You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

8. USER SUPPLIED INFORMATION

If you supply any information or material to lucemio TSS or others via the Site, you guarantee to lucemio TSS that you have the legal right to supply, post, or store such information or material and that doing so will not violate any law or the rights of any person or entity. You also agree to abide by any additional rules regarding posting of user content, such as the type of content allowed in various areas of the Site.

9. TERMINATION.

lucemio TSS reserves the right to terminate your use of the Site at any time for any reason. lucemio TSS may discontinue the Site or any portion of the Site at any time for any reason.

10. GENERAL PROVISIONS

a. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to tos@lucemio.com.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. lucemio TSS therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. lucemio TSS does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. Any and all disputes relating to these Terms of Service, lucemio TSS’ Privacy Policy, your use of the Site, the Service, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Connecticut, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in Hartford, Connecticut, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

d. Entire Agreement/No Waiver. This agreement and any policies or operating rules posted on this site, along with any engagement agreements (letters), constitute the entire agreement and understanding between you and lucemio TSS with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Service shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No waiver by lucemio TSS of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

10. CONTACT US.

Questions regarding this Terms of Service agreement should be directed to lucemio TSS at tos@lucemio.com or, if by postal mail, at lucemio LLC – Traditional Search Solutions; 176 Amity Road, No. 154; Woodbridge, CT 06525, RE: Terms of Service Inquiry.