Terms of Service

Luminary Education (a dba for The Lovett Companies, LLC, hereafter “Luminary” ) provides this website and such services offered hereon,(the "Site") subject to these Terms of Use. If you are under eighteen (18) years of age, then please read these Terms of Use with your parent or legal guardian. By using or accessing this Site, you represent that you (or your parent or legal guardian on your behalf if you are a minor, hereafter “you”) have read, understood and agree to the Terms of Use in its entirety, including its associated Privacy Policy (collectively and hereafter referred to as “Terms of Use”). If you do not agree with any part of the Terms of Use then please do not use or access the Site.

 

Right to Use this Site

Luminary grants you a personal, limited, non-exclusive, revocable license to access and use this Site for your personal use subject to these Terms of Use. Luminary reserves the right to suspend or terminate operation of this Site at any time for any reason without liability to you. Luminary has the right to suspend or terminate your User Account and refuse any and all current or future use of the Site to you if you violate any part of this Terms of Use. Luminary has the right to change or discontinue any aspect or feature of the Site, including, but not limited to, content, pricing, hours of availability, and equipment needed for access or use, at any time, with or without notice to you.

In addition to other proprietary rights specified in this Terms of Use, you may not: frame or utilize framing techniques to enclose any element, including without limitation, any text, graphics, images or trademarks on the Site; gather, obtain, use, access or otherwise copy the Site or any elements thereof by using any bot, spider, crawler, spy ware, engine, device, software or any other device or process of any kind; use the Site or any features available on the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; directly or indirectly attempt to alter or interfere with the functioning of Site; or, engage in any activity that interferes with another User's access, use or enjoyment of this Site.

If receiving tutoring, you agree that you will not use obscenities, make threats, engage in inappropriate behaviors or otherwise discuss matters unrelated to the academic subject for which you seek help. You agree that you will not solicit any personal information from any tutor, and agree that if any tutor discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you shall immediately notify us by email at info@luminaryeducationonline.com.

 

Fair Usage Policy

Every student must have his or her own tutoring subscription, must not share its subscription with another student, and must not overbook sessions according to Luminary’s then current subscription policy  Any of the aforementioned infractions constitute a violation of the Terms of Service and may result in the automatic cancellation of service. If your account is suspended or limited please contact customer service. Cancelled or limited accounts are not entitled to any refunds for used or unused subscription services.  Thus, maintain the confidentiality of your account login information and ensure that you provide twenty-four (24) hours cancellation notice prior to cancelling any tutoring session.

 

Changes in Terms of Use

Luminary has the right to change or modify the Terms of Use applicable to your use of the Site, including, but not limited to, adding or changing fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting within the Site, or by email, messaging, or  other means by which you may obtain notice thereof. Any use of the Site by you subsequent to such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.

Accounts

For certain aspects of the Site or its services offered (“Services”), you may be asked to register an account. In the event you agree to register an account, you will select or receive a username and password upon providing registration information and completing the registration process. This account is personal to you, and you agree to not share or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. Luminary may refuse to grant a particular username to you for any reason, including, without limitation, in the event Luminary determines that such username is protected by trademark or other proprietary right law or is considered offensive.

Cancellation and Refund

If you would like to cancel your plan for any reason, you may effectuate your cancellation by telephoning Luminary.  You may also email  customer support at info@luminaryeducationonline.com.  However, for security reasons, should you email customer support, your cancellation will only become effective when a customer support representative is able to reach you by telephone to finalize such cancellation.  When you cancel your subscription, we will stop renewal on your account, discontinue your access to our online curriculum or other personalized services and refund any monies paid for pro-rated days of unused services. If you fail to cancel your plan, then any unused time in your account will be good until your subscription end date after which your account expires and becomes non-refundable.
Disclaimers and Limitation of Liability

  1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.II. NEITHER LUMINARY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SITE, OR MERCHANDISE PROVIDED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE SITE OR ANY SITES OR SERVICES WITH WHICH IT IS LINKED.

III. TO THE EXTENT THAT THE SITE LINKS TO OR REFERENCES OTHER WEBSITES, LUMINARY MAKES NO GUARANTEE AS TO SUCH SITES, OTHER SERVICES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY THEREOF AND, AS SUCH, LUMINARY ASSUMES NO RESPONSIBILITY OR LIABILITY RELATED TO SUCH LINKS OR REFRENCES.  FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF A LINK OR REFERENCE ON THE SITE MAY UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. LUMINARY MAKES EVERY EFFORT TO AVOID SUCH OCCURENCES BUT MAKES NO CLAIM THAT SUCH ISSUES WILL NOT OCCUR.

  1. YOU SPECIFICALLY ACKNOWLEDGE THAT LUMINARY AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  2. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS IN THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
  3. IN NO EVENT WILL LUMINARY, ITS AFFILIATES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND FEATURES ON THE SITE.

 

Lawful Use

In order to provide you with ease of access to your account, Luminary may place a cookie (a small text file) on any computer from which you access the Luminary Site. This cookie is used to identify you throughout the Luminary Site. This cookie will be destroyed when you close the browser or logout of the Luminary Site. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. User shall use the Site for lawful purposes only. User shall not post or transmit through the Site any material which: violates or infringes in any way upon the rights of others; is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or, contains advertising or any solicitation with respect to products or services, unless Luminary has expressly approved such material in advance of its transmission. Any conduct that restricts or inhibits any other person from using or enjoying the Site is expressly prohibited.

 

Ownership of Intellectual Property

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by Luminary and portions of which are owned by other parties and licensed to Luminary. The entire contents represent a collective copyrighted work. You may not modify, publish, transmit, reproduce, or in any way exploit any of Luminary’s content, in whole or in part, without Luminary’s express written consent. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in copyrighted material shall be made. User acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.

The Site permits you to generate certain content, such as responses, essays, test answers and results, based on information provided by you. Luminary agrees that you shall retain ownership of content which you provide, but you hereby grant to Luminary and its affiliates a non-exclusive  right and license to reproduce, distribute, publicly perform and display and otherwise use and modify your content in connection with Luminary's provision of the Site to you.

 

Uploading of Intellectual Property

You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of said material. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm caused by such an infringement. By submitting material to any public area of the Site, You automatically grant, or warrant that the owner of such material has expressly granted Luminary the perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material.  You also permit any other user to access, view, store or reproduce the material for its personal use. You hereby grant Luminary the right to edit, copy, publish and distribute any material which you make available on the Site.

 

Trademarks

Unless otherwise indicated, trademarks that appear on this Site are trademarks of Luminary, or its affiliates. All other trademarks not owned by Luminary or its affiliates that appear in this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Luminary or its affiliates.

 

Submissions

Luminary encourages comments regarding the Site. Any comments or suggestions submitted to Luminary, either online or offline, will become Luminary's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Luminary might seem to others to be similar to their own submissions or comments.

 

Indemnification

You agree to indemnify and hold Luminary and its affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys' fees and expenses, made against Luminary by any third party due to or arising out of your use of this Site, your connection to this Site, your breach of any representation, warranty or obligation, your violation of this Terms of Use, or your violation of any rights of another user.

 

Controlling Law/Arbitration 

This Agreement shall be construed in accordance with the laws of the State of North Carolina.  Any dispute or claim arising out of these Terms of Use shall be settled by arbitration in Charlotte, North Carolina under the Commercial Arbitration Rules of the The Arbitration Group, LLC ("the Arbitrators").  The sole and exclusive venue for any arbitration hearing is Charlotte, North Carolina. The arbitrator shall have the authority to award any remedy or relief that a court of this state could order or grant, including, without limitation, specific performance of any obligation created, the awarding of punitive damages, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process.

 

Entire Agreement

This Agreement, and any operating rules for the Site established by Luminary, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.