Terms

1. Terms.

By accessing this website, you are agreeing to be bound by these Terms and Conditions of Use and Lucerna LLC’s Privacy Policy and all other terms, policies and operating procedures that may be published on this website, and all applicable laws and regulations, all of which are incorporated into these Terms and Conditions of Use by reference.  If you do not agree to our Terms and Conditions of Use, do not use or enter this website.  Your use of this website constitutes your binding acceptance of these Terms and Conditions of Use, including any modifications that we make.

2. Privacy.

We may collect certain types of personally identifiable information from you.  Please review our Privacy Policy, which also governs your visit to this website and sets forth the information we may collect from you and how we will protect and use it.

3. Electronic Communication.

When you send emails to us or visit the website you are communicating with us electronically.  By communicating with us via email or by submitting any request on the website, you agree that we may monitor your contact with our website and you agree that we may send email to you.  You consent to receive email or other electronic communications from us.  You agree that all agreements, notices, disclosures and any other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and/or that they be sent to the recipient’s last known address.

4. Ownership.

Some content on the website, including, but not limited to, text, graphics, logos, images, data compilations, software and the compilation of any of the foregoing, is the property of Lucerna, LLC and is protected by United States and international copyright laws.  Except to the minimum extent otherwise expressly permitted under copyright law, no copying, reproduction, modification, use, distribution or display of the material herein or thereon (regardless of the form or media and whether by download or otherwise) is permitted without the express written permission of Lucerna, LLC and any other applicable copyright owner.  You may not resell any of the services provided by Lucerna, LLC. All rights not expressly granted hereunder pursuant to Section 5 below are expressly reserved to Lucerna, LLC and to the respective owners of such rights.  If you believe your rights under applicable copyright laws are being infringed by Lucerna, LLC or by another person or entity using the website or Lucerna LLC’s services, contact us immediately.

5. Limited License.

a. You have a limited right and license to access the website and temporarily download one copy of the materials (information or software) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the materials;
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer any software contained on Lucerna, LLC’s website;
  • Remove any copyright or other proprietary notations from the materials; or
  • Transfer the materials to another person or “mirror” the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Lucerna, LLC at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

6. Disclaimer of Warranties.

The materials on Lucerna, LLC’s website are provided “as is” and on an “as available” basis.  Lucerna, LLC makes no warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, services or products included on or described in this website.  You expressly agree that your use of this website is at your sole risk.  To the fullest extent permissible by applicable law, Lucerna, LLC disclaims and negates all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  Further, Lucerna, LLC does not warrant that this website, its servers, the services provided or email sent from by or from Lucerna, LLC are error free or free of viruses or other harmful components.

7. Limitation of Liability and Indemnity.

You expressly understand and agree that Lucerna, LLC shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages arising out of or in any way related to these Terms and Conditions of Use, the use of this website or the services, including, without limitation, damages for lost profits, goodwill, or other intangible losses (even if Lucerna, LLC has been advised of the possibility of such damages).  To the extent that the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of Lucerna, LLC for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the services, this website or these terms of use shall be limited to direct damages actually incurred.  This limitation of liability applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use this website or derive benefit from the services, or any other matter arising from or relating to this website or the services.  Because some jurisdictions or states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.  You agree to indemnify and hold Lucerna, LLC and its affiliates harmless, and, at Lucerna, LLC’s request, to defend Lucerna, LLC and its affiliates from and against any allegation, claim, demand, cause of action, debt, loss or liability, including reasonable attorney’s fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) of this website or any of the services or any other activities of yours through using this website or the services.

8. Terms and Conditions of Use Modifications; Revisions and Errata.

Lucerna, LLC may revise these Terms and Conditions of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

The materials appearing on Lucerna, LLC’s website could include technical, typographical, or photographic errors. Lucerna, LLC does not warrant that any of the materials on its website are accurate, complete, or current.  Lucerna, LLC may make changes to the materials contained on its website at any time without notice.  Lucerna, LLC does not, however, make any commitment to update the materials.

9. Links.

Lucerna, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Lucerna, LLC of the site. Use of any such linked website is at the user’s own risk.

10. Severability.

If any of these Terms and Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms and Conditions of Use.

11. Disputes.

Any dispute relating in any way to your visit to this website or to products you license or purchase though Lucerna, LLC (where Lucerna, LLC is named as a party) shall be submitted to arbitration in Orange County, Florida, pursuant to the commercial arbitration rules of the American Arbitration Association.  Notwithstanding the foregoing, if you have in any manner violated or threatened to violate Lucerna LLC’s intellectual property rights, Lucerna, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts.  The arbitration shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use, whether through class arbitration proceedings or otherwise.

12. Governing Law.

Any claim relating to Lucerna, LLC’s website shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.