Terms of Use

Welcome to lumoscontrols.com, an online store operates by WiSilica Inc. By utilizing the latest technology to ensure secure, hassle-free shopping, lumoscontrols.com can provide you with a broad range of high-quality merchandise to help you easily express your individuality and creativity. Keep in mind, however, that we here at WiSilica provide our services to you subject to the following notices, terms, and conditions.

These Terms and Conditions (“TAC”) constitute a legally binding agreement made by and between WiSilica Inc, which operates www.lumoscontrols.com (“Website”) and you, whether personally or on behalf of an entity (“You”). These TAC govern your use of the Website and products offered on the Website so please read them carefully.

By accessing or using any part of the website, you agree that you have read, understand and agree to be bound by these TAC. If you do not agree to be so bound, discontinue use of the website.

Internet technology and applicable laws, rules, and regulations change frequently. Accordingly, WiSilica reserves the right to make changes to this agreement at any time. Your continued use of the website constitutes assent to any new provisions of this tac that may be posted on the website.

Product Transactions on the Website Products may only be purchased by individuals who can form legally binding contracts under applicable law. All persons accessing the Website (lumoscontrols.com) or using WiSilica services must be at least 18 years of age. Minors under 18 and at least 13 years of age may access the Website only if they have appropriate permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use the Website. You are responsible for any and all account activity conducted by a minor on your account.

Prohibited Conduct. In your use of the Website, you may not

(i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party

(ii) disrupt or interfere with the security or use of the Website,

(iii) interfere or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology,

(iv) attempt to use another’s account, or personal information, impersonate another person or entity, misrepresent your affiliation with another person or entity, including WiSilica, federal, state or municipal government, a political candidate, or create a false identity

(v) attempt to obtain unauthorized access to the Website or portions of the network that are restricted from general access,

(vi) engage, directly or indirectly, in transmission of ‘spam,’ chain letters, junk mail or any type of unsolicited solicitation,

(vii) collect, manually or through automatic process, information about other users without their express consentor other information related to the Website,

(viii) use meta tags or other “hidden text” utilizing Website, WiSilica name, trademarks, or product names,

(ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Website,

(x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website, or

(xi) assist any party in engaging in any activity prohibited by these TAC.

If you become aware of any conduct that violates these TAC, WiSilica encourages you to contact us at contact@wisilica.com. WiSilica reserves the right, but will have no obligation, to respond to such communications

Privacy Policy You agree to follow Privacy Policy found at https://lumoscontrols.com/privacy-policy which is incorporated by reference into these TAC.

Mobile Messaging Terms & Conditions By subscribing to WiSilica mobile messages, you agree to receive autodialed marketing messages to the telephone number used at the time of opt in. Message frequency may vary. Message and data rates may apply. Consent is not required as a condition of purchasing any goods or services. In the event that you change or deactivate your mobile number, it is your responsibility to notify WiSilica at contact@wisilica.com. to have your number removed. Terms & Conditions are subject to change. The mobile carriers are not liable for delayed or undelivered messages.

Intellectual Property Rights

Copyright The graphic and textual content, arrangement, and assembly of this site is the property of lumoscontrols.com or its content suppliers and protected by U.S. and international copyright laws. Users should feel free to use this site as a shopping resource, but any other use of the site, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. In addition, the software used on this site is the property of WiSilica or its software suppliers and is protected under U.S. and international copyright laws.

Trademarks All the registered trademarks of WiSilica may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits, or dilutes WiSilica, its trademarks or goodwill. Any other trademarks not owned by WiSilica that appear on this site are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.

Ownership and Use WiSilica will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these TAC or otherwise, except as set forth in this TAC. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on Website in the normal course of your use of the Website. You may not use any third-party intellectual property without express written permission of the applicable party, except as permitted by law.

Representations and Warranties

By Each Party. Each party represents and warrants to the other party:

(i) that it has the full power and authority to enter into and perform its obligations under these TAC,

(ii) the assent to and performance by it of its obligations under these TAC do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and

(iii) these TAC constitute legal, valid and binding obligations of the parties assenting to these TAC, enforceable in accordance with these terms and conditions.

By You. You represent and warrant to WiSilica that

(i) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual or proprietary right of WiSilica in your use of Website, and

(ii) You will comply with all applicable laws, rules and regulations in your sue of the Website, including these TAC.

Indemnification. You agree to hold WiSilica and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation attorney’s fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties:

(i) alleging facts or circumstances that would constitute a breach of any provision of these TAC by you or

(ii) arising from, related to, or connected with the Website. If you are obligated to provide indemnification pursuant to this provision, WiSilica may in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of WiSilica.

Disclaimers, Exclusions, and Limitations

DISCLAIMER OF WARRANTIES. WiSilica PROVIDES ITS WEBSITE lumoscontrols.com “AS IS” AND “AS AVAILABLE” BASIS. WiSilica DOES NOT MAKE ANY REPESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. WiSilica DOES NOT REPRESENT OR WARRANT THAT IT

(I) WILL PROVIDE UNINERRUPTED SERVICE OR ACCESS,

(II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS,

(III) WILL MEET YOUR REQUIREMENTS OR

(IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.

WiSilica MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TAC OR ITS RETURN POLICY AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. EXCLUSION OF DAMAGES. WiSilica WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. WiSilica WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF WiSilica ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY. EXCEPT FOR A PARTY’S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TAC OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TAC, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TAC, OR SERVICES OR PRODUCTS PROVIDED BY WEBSITE EXCEED THE AMOUNT PAID BY YOU TO WiSilica FOR ANY PRODUCT(S).

RETURNS. Our returns policy is set forth at https://lumoscontrols.com/pages/payment-return-policy

Arbitration. You and WiSilica agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and WiSilica are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

Governing Law. The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America.

Changes to the Website or Service. Website may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of Website, temporarily or permanently, at any time without notice to you, and Website will not be liable for doing so.

Termination. WiSilica will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You or any third party, to terminate your account or your access to Website, with or without cause. Such reasons may include, without limitation:

(i) your breach of any part of these TAC,

(ii) your violation of the rights of any third party;

(iii) the invalidity of your credit card;

(iv) you exceeding your credit card limit;

(v) or “chargeback” of a fee or other payment.

If You are a member, You may terminate your account for any reason at any time subject to these TAC by emailing contact@wisilica.com and requesting termination.

If your account is terminated, WiSilica may, in its sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of Website in its possession.

Following termination, you will not be permitted to use Website.

Waiver of Class Action Rights. By entering into these TAC, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these TAC or WiSilica product must be asserted individually.

Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of Website or WiSilica products must be brought within one calendar year after such claim or cause of action arises, or forever be barred.

Integration. These TAC contain the entire understanding of you and WiSilica regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.

Additional Terms. These TAC will be binding upon each party hereto and is successors and permitted assigns, and governed by and constructed in accordance with the laws of United States and California without reference to conflict of law principles. These TAC and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferrable by you without the prior written consent of WiSilica. No failure or delay by a party in exercising any right, power or privilege under these TAC will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any right, power, or privilege under these TAC. You and WiSilica are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these TAC. The invalidity or unenforceability of any provision of these TAC will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.

These TAC are published and effective (12 Oct 2020)