Last Changes to Terms of Service: January 1, 2024

The following terms and conditions (“Terms of Service” or “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Lumas Polymers LLC and its respective subsidiaries, parents and affiliates (collectively, “Lumas” or “Company” or “we” or “us” or “our”), governing your access to and use of the lumaspolymers.com website, as well as any other media form, media channel, or any of our past, present or future websites related or connected thereto (collectively, the “Site”), and any products (“Products”) or services supplied by or on behalf of us through the Site (collectively, “Services”).  Supplemental terms and conditions or documents that may be posted on the Site from time to time, and any new features or tools that are added to the Site shall also be subject to and are hereby expressly incorporated into these Terms of Service by reference.

By accessing, browsing, or otherwise using the Site, you agree to be bound by and abide by the Terms of Service, including those additional terms and conditions and policies referenced or linked herein (including the Privacy Policy).  These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.  If you do not agree to all the terms and conditions contained herein, then you may not access the Site or use any Services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Service in our sole discretion by posting updates and/or changes to our Site.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE.  IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT LUMAS MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES OR THE SITE.

Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Lumas makes no representations that the Products or Services made available through this Site will be available or appropriate in every jurisdiction in which this Site may be accessed or Services utilized. Lumas reserves the right, without notice, to change its Products and Services from time to time to comply with changing federal and state laws.

You access this Site and purchase our Products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.

Registration and User Information

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or Services, and to terminate or suspend your access at any time without notice.

Specifically, you may be asked to provide information such as your name, address, email address, and phone number (all such information as “User Information”).  You must provide complete and accurate information during the registration process.  You have an ongoing obligation to update your User Information if and when it changes.  .

You may also be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time.  You are also solely responsible for any and all activities that occur under your registration or your User Information.  You agree to notify us immediately of any unauthorized use of your account, username, or password. If you use a password that we consider unsecure, we will be entitled to require the password to be changed and/or terminate your account.

You agree that you will not create more than one account.  By registering and obtaining an account you affirm you will follow the Terms of Service.  Your registration constitutes your consent to enter into agreements with us electronically.

We shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge.  You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password.

We reserve the right to terminate your registration or to refuse Services to you, without prior notice to you, at any time and for any or no reason.

Restrictions On Use

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of Lumas. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Lumas in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

In addition, you are prohibited from using the Site or its Content (as defined herein): (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including violating anyone’s copyrights or trademarks or their rights of publicity; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, gender identification, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Services, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to solicit funds, advertisers, or sponsors; or (l) to interfere with or circumvent the security features of the Site, Services or any related website, other websites, or the Internet.  We reserve the right to terminate your use of our Site, Services, or any related website for engaging in any of the prohibited uses.

Although under no obligation to do so, Lumas reserves the right to monitor use of this Site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Lumas nor any third party that provides Content to Lumas will assume or have any liability for any action or inaction by Lumas or such third party with respect to any submission.

Copyrights and Copyright Agent.

Lumas respects the intellectual property of others and in this regard, Lumas reserves the right to respond to a notice of alleged infringement that complies with U.S. Copyright Law. Responses may include removing or disabling access to content claimed to be the subject of infringing activity and/or terminating a user’s access to the Site. If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide Lumas the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):

• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;
• A description, in reasonable detail, of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). Lumas will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Lumas considers unsecure, Lumas will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. Lumas reserves the right to investigate suspected violations of these Terms of Service.

Lumas reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Lumas to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS LUMAS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LUMAS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LUMAS OR LAW ENFORCEMENT AUTHORITIES.

Proprietary Information

The material and content accessible from this Site, as well as any other media form, media channel, mobile application or mobile website related or connected thereto that is owned, operated, licensed, or controlled by Lumas, including without limitation, text, images, photographs, graphics, logos, button icons, trademarks, software, source code, databases, functionality, mobile applications, website designs, audio, and video (“Content”), is the proprietary information of Lumas, or the party that provided the Content to Lumas, and Lumas, or the party that provided the Content to Lumas, retains all right, title, and interest in the Content. Accordingly, the Content may not be used, copied, distributed, sold, resold, republished, licensed, uploaded, posted, or transmitted in any way without the prior written consent of Lumas, or unless authorized in writing elsewhere on our Site. Modification or use of the Content except as expressly provided in these Terms of Service violates Lumas’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site or Services.

Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of Lumas or the party that provided the trademarks, service marks, and logos to Lumas. Lumas and any party that provided trademarks, service marks, and logos to Lumas retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

Third-Party Links

Certain Content and Services available via our Site may include materials from third parties.  Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.   Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.  You are responsible for taking reasonable precautions in all actions and interactions with third parties you interact with through the Site.

User Content, Comments and Feedback

You grant us an irrevocable license to use the materials you post to the Site and/or in connection with the Services.  By reviewing, posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”), to the Site or in connection with the Services, you are granting us, our affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content; and you agree that we may publish or otherwise disclose your User Content in our sole and absolute discretion.

You will not be compensated for any User Content.  By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

You agree that your User Content will not contain libelous or otherwise unlawful, abusive, obscene, deceptive, or otherwise objectionable material or involve any commercial activity or promotion.  Moreover, your User Content may not contain any computer virus or other malware that could in any way affect the operation of the Site.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content.  You are solely responsible for any User Content you provide and its accuracy.  We take no responsibility and assume no liability for any User Content posted by you or any third party.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of applicable law, any party’s intellectual property rights or these Terms of Service.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site or Services or on any related website is inaccurate at any time without prior notice (including after you have submitted an Order).

We undertake no obligation to update, amend or clarify information on the Site or related to the provision of any Products, Services or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Site or Services or on any related website, should be taken to indicate that all information in the Site or Services or on any related website has been modified or updated. We are not responsible if Content is not accurate, complete, or current.  All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Lumas does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. Any reliance on Content is at your own risk.  We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site, Services or Products.

Disclaimers and Limitations of Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Lumas does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Lumas. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. The Content is provided “as is” and without warranties of any kind, either expressed or implied.

YOU AGREE THAT YOUR USE OF THE SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. LUMAS, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES, PRODUCTS, AND YOUR USE THEREOF, including without limitation, warranties of title, salability, or any implied warranties of merchantability, fitness for a particular purpose, OR NON-INFRINGEMENT. Lumas does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and Lumas will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

You, and not Lumas, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR THE SERVICE. LUMAS MAKES NO WARRANTIES THAT YOUR USE OF THE SITE OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS. LUMAS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.  LUMAS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.  IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE OR THE SERVICES, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

LUMAS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, INVESTORS, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LUMAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LUMAS OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO LUMAS FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnification

You agree to indemnify, defend, and hold harmless us, affiliates, subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings including, without limitation, any and all liability, damages, costs, expenses (including, reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever, arising out of or in connection with: (i) your violation or breach of the Terms; (ii) your use of the Site or Services; (iii) your dispute with another user; (iv) your violation of any rights of any third party; or (v) your violation of applicable law.  This indemnification obligation will continue after you stop using the Site or Services. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Governing Law; Jurisdiction

The Site is created and controlled by Lumas in the state of Minnesota.  All matters arising out of or relating to these Terms of Service are governed by, and will be construed in accordance with, the laws of the United States and by the laws of the state of Minnesota without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of Minnesota. Nothing in these Terms of Service will prevent Lumas from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.

Each of Lumas and you agree to submit to the nonexclusive personal jurisdiction of the courts located within Minnesota, and waives any objection to the laying of venue of any litigation in said courts.

Severability

In the event that any provision or part of a provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

Acknowledgment; Other Terms

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Electronic Communications, Transactions, and Signatures

Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If 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.

Miscellaneous

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service may not be assigned by you without our express written consent.  Lumas may assign any or all of its rights and obligations to others at any time.  Lumas shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Lumas’s reasonable control.  There is no joint venture, partnership, employment or agency relationship created between you and Lumas as a result of these Terms of Service or use of the Site and Services.  Upon Lumas’s request, you will furnish Lumas any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.