LUMINOR RISK

Terms of Use

PLEASE READ ALL OF THE FOLLOWING TERMS OF USE (THE “TERMS”) BEFORE ACCESSING OR USING THIS WEBSITE. Your access to and use of this website (including all subdomains) (the “Website”), as well as your access to and use of the information, content, and any services offered on the Website, is subject to these Terms. “We,” “us,” and “our” refer to Luminor Risk, LLC, its representatives, its affiliates, and its subsidiaries, and “you” and “your” refer to you. These Terms are a legal agreement between you and us. 

By accessing or using the Website, you are accepting and agreeing to be legally bound and abide by these Terms, as it may be changed, amended, or supplemented at any time, without prior notice (as further described below). Any changes to the Website shall be effective immediately. You are responsible for periodically reviewing these Terms for applicable changes. Your use of the Website following any such change constitutes your acceptance and agreement to be bound by these Terms as changed. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT ACCESS AND/OR USE THE WEBSITE. 

You represent, warrant and covenant that: (i) you have the power and authority to enter into these Terms, (ii) you are at least eighteen (18) years old, and (iii) you have read and agreed to be bound by these Terms.

  1. License.

Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Website and its Content (as further defined below) solely for personal, noncommercial use and general informational purposes. You may download, print, and store the Content and downloadable materials displayed on this Website, for your internal use only and in accordance with these Terms. We grant you a non-transferable, non-exclusive, revocable, limited license to such downloadable materials. We reserve complete right, title or interest in the Website, all Content and downloaded materials from the Website.

  1. Restrictions.

You may only use this Website in accordance with these Terms and all applicable laws, rules and regulations (“Laws”). 

You shall not (and not allow, permit, authorize, or assist any third party to): (i) modify, adapt, translate, create derivative works of, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of any part of the Website; (ii) use or integrate the Website, or any component thereof, with any software, hardware, or system without our express prior written agreement; (iii) sell, resell, license, sublicense, distribute, rent or lease any part of the Website or include in a service bureau or outsourcing offering; (iv) publish or otherwise disclose to any third party any results of any benchmark or other performance tests of the Website; (v) remove, alter, or obscure any proprietary rights notices contained in or affixed to the Website; (vi) copy, frame or mirror any part of the Website; (vii) access the Website for the purposes of monitoring its availability, performance or functionality; (viii) access or use any materials, content, technology, information or data available via or forming a part of the Website in order to build a competitive product or service, or copy any features, functions or graphics of the Website; (ix) attempt to disrupt, degrade, impair or violate the integrity or security of the Website, including, without limitation, by executing any form of network monitoring; (x) use the Website to store or transmit any viruses, software routines or other code designed to permit unauthorized access, to disable, erase or otherwise harm software, hardware or data, or to perform any other harmful actions; (xi) use the Website to upload any illegal, obscene, defamatory, infringing or offensive material or to harass or discriminate against any person; (xii) violate security features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the Content, including, without limitation, by use of any manual or automated software, devices, scripts, bots, crawlers, spiders, data miners, scraping or other automatic access tools; (xiii) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionally large load on our infrastructure; and (xiv) use the Website for any illegal purpose, for the facilitation of the violation of any Law, or in any manner inconsistent with the Terms.

  1. Intellectual Property Rights.

All of the content information and materials the Website contains, or may in the future contain, including, but not limited to, text, content, publications, images, drawings, illustrations, goods, designs, graphics, icons, photographs, video, audio, files, applications, software, music, articles, directories, guides, photographs, and other materials (collectively, the “Content”) and the Website are owned or licensed by us, one of our affiliates, or by third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary and intellectual property rights and laws of the U.S. and other countries. 

All present and future rights in and to any trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary or intellectual property rights of any type under the Laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website and its Content shall, as between you and us, at all times be and remain the sole and exclusive property of us. All present and future rights in and title to the Website (including the right to exploit the Website and any portions of the Website over any present or future technology) are reserved to us for our exclusive use. Neither these Terms nor your access to the Website transfers to you or any third party any rights, title or interest in or to such intellectual property rights. No implied license or right is granted by us by estoppel, reliance or otherwise.

  1. Privacy.

Your access or use of the Website is subject to our Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy is available at [INSERT LINK] (the “Privacy Policy”). By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by the Privacy Policy, as it may be amended from time to time.

  1. Indemnification.

You agree to indemnify and hold us (and our representatives, officers, employees and agents) harmless, including costs and attorneys’ fees, from any claims, damages, liabilities, costs,  or demand made by any third party due to or arising out of (a) your access or use of the Website or the Content; (b) your misrepresentation or breach of any representations and warranties in these Terms; (c) your violation of these Terms; (d) your infringement of any third party’s intellectual property right; (e) your breach of any covenant or agreement to be performed by you hereunder; or (f) your violation of applicable laws or regulations, including data privacy Laws. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Release. 

You hereby release and forever discharge us (and our officers, employees, agents, successors and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  1. Disclaimer.

THE WEBSITE AND CONTENT ARE PROVIDED BY US “AS IS,” AND NEITHER US NOR OUR AFFILIATES, REPRESENTATIVES, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE, USAGE, TRADE CUSTOM OR OTHERWISE, AND WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY INTENDED OR PARTICULAR PURPOSE. WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE FREE OF DEFECTS, RUN ERROR-FREE OR UNINTERRUPTED, MEET YOUR REQUIREMENTS OR BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ALL CONTENT, INFORMATION, AND MATERIALS PROVIDED ON THIS WEBSITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, FINANCIAL, OR INSURANCE ADVICE. NOTHING ON THIS WEBSITE CONSTITUTES AN OFFER, SOLICITATION, OR AGREEMENT TO BIND, ISSUE, OR PROVIDE INSURANCE COVERAGE. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT RELY ON ANY CONTENT, INFORMATION, OR MATERIAL PROVIDED ON OR THROUGH THIS WEBSITE FOR PURPOSES OF MAKING ANY INSURANCE-RELATED DECISIONS, AND THAT WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, OR RELIABILITY OF ANY INFORMATION. WE ASSUME NO LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THIS INFORMATION. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION OR QUOTES OBTAINED FROM ANY INSURANCE CARRIER OR THAT ANY QUOTES ARE BINDING, COMPLETE OR ACCURATE.

The content of other websites, services, goods, or advertisements that may be linked to the Website is not maintained or controlled by us. Our provision of third party site links is not an endorsement of any information, product or service that is offered on or reached through such site. We are not responsible for the availability, content, or accuracy of other such sites that may be linked to, or advertised on, the Website. 

  1. Limitation of Liability. 

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF WE HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENT OR ANY LINKS OR ITEMS ON THE WEBSITE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED $100. THE DISCLAIMERS AND LIMITATIONS IN SECTION 6 AND 7 AND THIS SECTION 8 WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

  1. Term and Termination. 

These Terms will remain in full force and effect while you use the Website (the “Term”). We may suspend or terminate your rights to use the Website at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Website will terminate immediately. We will not have any liability whatsoever to you for any termination of your rights under these Terms.

Upon expiration or termination of these Terms, all rights granted to you hereunder shall terminate and you shall not, and shall not attempt to, access or use the Website. The provisions of Sections 2, 3, 6, 7, 8, 9 and 10 shall survive any expiration or termination of these Terms.

  1. General. 

10.1. Non-United States Residents & Jurisdictional Issues.

We operate this Website in the United States. We make no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from locations outside of the U.S., you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

10.2. Governing Law.

These Terms shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in [New York] County in the State of [New York] with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of these Terms.

10.3. Discontinuance of the Website.

You understand and agree that we may change or discontinue the Website or change or remove functionality of the Website at any time in our sole discretion with or without notice to you. We will use commercially reasonable efforts to notify you of any material change to or discontinuation of the Website. Any changes to these Terms will be immediately following our posting of the new terms on our Website. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuation of the Website or any part thereof.

10.4. Force Majeure. 

Notwithstanding anything else in these Terms, no default, delay or failure to perform on our part will be considered a breach of these Terms if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control, including, but not limited to, causes such as strikes, lockouts or other labor disputes, riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, pandemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, nuclear disasters or default of a common carrier.

10.5. Entire Agreement.

These Terms constitute the entire agreement between you and us, govern your use of the Website, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in force. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

10.6. Export. 

The Website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.

10.7. Copyright/Trademark Information. 

Copyright © Luminor. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that owns the Marks. Any use of third-party Marks, including those of any insurance carrier, are for referential purposes and does not suggest or imply that such third party endorses or is affiliated with us, or supports our platform.

10.8. Accessibility.

We are committed to helping those with disabilities access the Website. We strive to provide an excellent online experience for all our guests and Website users – including those with sight, hearing and other disabilities. If you have difficulty using or accessing any element of the Website, or if you have any feedback regarding accessibility of the Website, please feel free to contact us by e-mail at info@luminorrisk.com .