TERMS AND CONDITIONS
- BINDING AGREEMENT. These Terms and Conditions (“Terms”) act as a binding agreement (“Agreement”) between you and Luminous Tradition, LLC (collectively “Luminous Tradition”, “us”, “we”, “our”). By accessing, registering with, or purchasing through this website (“Site”), you acknowledge notice of these Terms and your agreement to be bound by the language herein.
By agreeing to these Terms, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class-action lawsuit filed against us. Learn more below in paragraph 24.
INTENDED AUDIENCE - UNITED STATES. Luminous Tradition and this Site are intended for use by as well as directed and marketed to an audience in the United States. We do not envisage offering products or services to citizens or visitors of the European Economic Area nor do we monitor their behavior as contemplated in the General Data Protection Regulation. If you are located in the European Union, please terminate your use of this website immediately.
ELIGIBILITY. You represent and warrant that you are of the age of majority in your jurisdiction and able to enter into this Agreement, have not been previously suspended or terminated by us, and do not have more than one account with us. Luminous Tradition is intended for use by individuals 18 or older.
PAID MEMBERSHIP. You may register for a monthly membership with us at rates indicated on the Site, which are incorporated herein by reference. You will be charged automatically each month until you cancel. The materials provided as part of your paid subscription are licensed to you by us, for your personal, non-commercial use only. We do not transfer the title or the intellectual property rights to those materials to you. We retain full and complete title to the materials as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the materials without our prior written consent.
a. Scope of Membership. The scope of your membership with the Site shall include access to all blog posts in the membership area and access to our online community. We reserve the right to add and terminate items from the scope of membership at any time in our sole discretion.
b. Membership Access. By creating a membership account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update your account information as necessary, (c) maintain the security of your password, (d) not share your account with others, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to your account.
c. Refunds. You may obtain a full refund of your membership payment during the 30 calendar days after making payment. No refunds are provided following the initial 30 calendar days of your membership. You may cancel a subscription at any time after the initial 30 calendar day period. You will not receive a refund for the remainder of the canceled membership period, but shall have full access to the Site until that period expires. To obtain a refund, contact us using the Contact function on the Site.
COURSE PURCHASES. You may purchase courses from Luminous Tradition at prices indicated on the Site and incorporated herein. Once you have made full payment for a course, we grant you a non-exclusive, non-sub licensable, non-transferable license and right to access the course in question. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any course or the information within the course without our express consent. You further understand no ownership right in the course or any content in the course is being granted to you.
a. Refunds. We grant refunds for course purchases within thirty (30) calendar days of purchase. The refund must be requested by the person who purchased the course and shall be issued to the payment resource used to make the original purchase. Contact us to request a refund using the Contact form on the Site.
PAYMENTS. You agree to pay the fees for courses or your membership, and authorize us to charge the payment resource (credit card, etc.) that you provide for the fees, including automatically each month if you purchase a membership subscription. Luminous Tradition uses third party payment processors to facilitate payments while also securing your personal information. We do not access or store your payment resource information on the Site.
COMMUNICATIONS. You consent to receive electronic communications from Luminous Tradition for administrative purposes such as letting you know we’ve updated our policies or practices. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided within the communication.
LICENSE. We grant you a non-exclusive, non-sub licensable, non-transferable license and right to use and access the Site. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any Site information or materials without our express consent. You further understand no ownership rights in the Site are being granted to you and that we may terminate this license at any time in our sole discretion.
USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”), you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the User Content in connection with the operation of our business, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. You agree we may publish or otherwise disclose your name in connection with your User Content. In 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 it.
NON-COMMERCIAL USE BY MEMBERS. You expressly agree to use Luminous Tradition for non-commercial purposes unless first obtaining permission from us. The collection of member data or attempts to contact other members with commercial offers is strictly forbidden and constitutes grounds for termination of your membership. If you wish to advertise on the Site or pursue a commercial communication with members, you must first contact us for permission.
NO BACKGROUND CHECKS. Luminous Tradition does not perform background checks on any individuals accessing the Site. Luminous Tradition makes no representations, guarantees or warranties regarding individuals who become members, their communications or their actions. If you decide to meet with another member, you assume the risk of doing so and should use common sense safety steps.
RELIANCE ON MEMBER STATEMENTS. Members of the Site may communicate with each other in a number of ways. Said communications represent the views of the member making them and are in no way endorsed or supported by Luminous Tradition. You agree Luminous Tradition is not responsible for any loss or damage you may incur from relying on said communications by other members.
GUEST CONTENT PROVIDERS. Guest speakers, podcast guests, and guest writers may appear on the Site and communicate on various subjects. Said communications represent the views of the person making them and are in no way endorsed by Luminous Tradition.
DISPUTES BETWEEN MEMBERS. You acknowledge and expressly agree that any dispute between you and another member is strictly between the two of you. You hereby waive any right to pursue Luminous Tradition as a defendant in any legal proceedings and agree to indemnify Luminous Tradition as detailed in these Terms.
TERMINATE. Luminous Tradition reserves the right to discontinue any section, service, or product in its sole discretion including the right to discontinue this Site and associated services and products in their entirety.
USER-GENERATED CONTENT DISCRETION. Luminous Tradition reserves the right, but not obligation, to refuse to show or delete any and all user-generated content on the Site in its sole discretion without being required to provide notice of such action or the reason for such action.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to respect the intellectual property rights of Luminous Tradition and others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademarks, and other intellectual property laws. You agree not to upload, download, display, copy, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of our or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
INAPPROPRIATE CONTENT. Luminous Tradition is intended as a non-controversial platform to discuss the Catholic faith. You agree to be civil and respectful of other members when accessing and posting to the Site. You further agree not to upload, download, display, perform, transmit, or otherwise distribute anything on the Site that:
a) is libelous, defamatory, obscene, pornographic, abusive, or threatening;
b) promotes teachings or religions contrary to the Catholic faith and tradition;
c) constitutes inflammatory or politically-charged material that derails or disturbs the other members;
d) constitutes self-promotion, spamming, or community hijacking;
e) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
f) advertises or otherwise solicits funds or is a solicitation for goods or services without first obtaining our consent.
We reserve the right to delete any content posted that violates these provisions and ban the person posting the content, as determined in our sole discretion. A banned member may request a refund for the then-current monthly fee, but may not rejoin the Site at a later time.
Please note Luminous Tradition is a private company publishing this Site. Claims of free speech in objection to our policies are misplaced as such a right applies to government conduct, not the conduct of private companies.
BLOCKING VISITORS. Luminous Tradition reserves the right to, in its sole discretion, block any party from visiting the Site.
NO WARRANTIES. WE ARE MAKING THE SITE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE PARTIES AGREE THE EXTENT OF ANY MONETARY AWARD SHALL BE LIMITED TO THREE TIMES THE PRICE PAID FOR YOUR MOST RECENT PRODUCT PURCHASE, THE LAST 12 MONTHS OF YOUR MEMBERSHIP SUBSCRIPTION, OR $500.00, WHICHEVER IS LESS.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU.
ARBITRATION AGREEMENT. By agreeing to these Terms and Conditions, you agree to resolve any claim that you may have against Luminous Tradition on an individual basis in arbitration, as outlined in this Arbitration Agreement section. This will preclude you from bringing any class, collective, or representative action against Luminous Tradition, and also prevent you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Luminous Tradition by someone else.
A. Agreement to Binding Arbitration Between You and Luminous Tradition. You and Luminous Tradition agree that any dispute, claim or controversy arising out of or relating to (i) these terms and conditions or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Site or products at any time will be settled by binding arbitration between you and Luminous Tradition, and not in a court of law.
You acknowledge and agree that you and Luminous Tradition are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Luminous Tradition otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Luminous Tradition each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Right To Opt-Out. We are providing you with the right to opt-out of this Arbitration Agreement by notifying us in writing within 30 days of opening an account on this Site. To opt-out, send us a message indicating your desire to opt-out using firstname.lastname@example.org.
C. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitration issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration.
Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant to it. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Iowa and the parties expressly agree the venue of any action shall be in state or federal court in Cedar Rapids, Iowa, as appropriate for the particular claims asserted.
D. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf or by calling the AAA at 1-800-778-7879). We hereby consent to receive such notifications at email@example.com. The Arbitrator will be either (1) a retired judge or (2) an attorney specially licensed to practice law in the State of Iowa and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
E. Location and Procedure. Unless you and Luminous Tradition otherwise agree, the arbitration will be conducted in Black Hawk County, Iowa or, if a location is not available - in Cedar Rapids, Iowa. The arbitration will be conducted on the basis of documents you and Luminous Tradition submit to the Arbitrator and each party’s presence by phone or in person, unless either party requests an in-person hearing or the Arbitrator determines that a hearing is necessary. Should the arbitrator determine this provision violates AAA rules, the AAA rules shall apply. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
F. The Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only for the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The parties shall bear their own attorney fees associated with the arbitration proceeding.
G. Fees. The parties agree to split any fees charged by the arbitrator or AAA equally.
H. Changes. If Luminous Tradition changes this Arbitration Agreement after the date you first agree to this Agreement (or to any subsequent changes), you may reject any such change by providing Luminous Tradition written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided to us at firstname.lastname@example.org. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you agree that you will arbitrate any dispute between you and Luminous Tradition in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to this Agreement (or to any subsequent changes to the Terms).
I. Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms and conditions; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
J. Should a court of competent jurisdiction or arbitrator rule this arbitration clause invalid, the parties agree this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Iowa, without reference to rules regarding conflicts of law. The parties further agree the choice of forum and venue for litigating any such disputes shall be either the state or federal courts in Cedar Rapids, Iowa, as appropriate for the claims asserted.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Luminous Tradition, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you or arising from or related to your use or misuse of the Site.
AFFILIATED SITES. We work with a number of partners and affiliates whose websites may be linked to within the Site. Because we do not have control over the content and performance of these partner and affiliate sites, we make no promises or guarantees about the accuracy, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. You are further prohibited from copying any content on the Site, whether manually or through automated means, without our express permission. Any violation of system or network security may subject you to civil and/or criminal liability.
COPYRIGHT. All contents are Copyright © 2020 Luminous Tradition, LLC. All rights reserved.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the Luminous Tradition trademarks, service marks, or logos.
AMENDMENTS. We reserve the right to amend these Terms and shall do so by posting a notice on the Site and forwarding an email message regarding the amendments to you should we have an email address for you. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by terminating your use of the Site.