Terms of Service
Effective Date: September 5, 2022
We have updated our Terms of Service and they will be effective as of September 5, 2022. The current version of the Terms of Service, which will be in effect until September 5, 2022, can be found here.
These Terms of Service (these "Terms") constitute a legal contract between Illumi3D ("Illumi3D," "we," or "us") and you, an individual. These Terms govern your access and use of our online services, website, and mobile services, including our mobile application (collectively, the "Service"). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, whether or not you are a registered user of our Service. You understand and acknowledge that the collection, use, disclosure, and processing of your personal information will be in accordance with our Privacy Notice available at www.illumi3d.com/privacy-notice/. You understand that your purchase and use of any of our merchandise is governed by the Terms of Sale available at www.illumi3d.com/terms-of-sale/. Illumi3D reserves the right to modify these Terms and will provide notice of these changes as described below. These Terms apply to all visitors, users, and others who access the Service ("Users").
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 11.2 (THE "ARBITRATION AGREEMENT") AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 11.3 (THE "CLASS ACTION/JURY TRIAL WAIVER") THAT REQUIRE THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
OUR SERVICE, AND ANY COMPONENTS THEREOF, DOES NOT PROVIDE MEDICAL ADVICE. THE SERVICE IS NOT TO BE USED AS A SUBSTITUTE FOR MEDICAL JUDGMENT, ADVICE OF A LICENSED HEALTHCARE PROVIDER, OR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION, DISEASE, HEALTH CONDITION, OR PROBLEM. THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL CONDITION, DISEASE, OR HEALTH PROBLEM. YOU SHOULD CONSULT WITH A LICENSED MEDICAL PROFESSIONAL IF YOU HAVE ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION OR USE OF ANY MEDICINES.
1. Our Service
Eligibility
This is a contract between you and Illumi3D. You must read and agree to these terms before using the Illumi3D Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Illumi3D, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Service by anyone who is under the legal age in the jurisdiction in which they reside is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Illumi3D.
Limited License
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Illumi3D reserves all rights not expressly granted herein in the Service and the Illumi3D Content (as defined below). Illumi3D may terminate this license at any time for any reason or no reason.
User Accounts
Your account on the Service (your "User Account") gives you access to services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. You must notify Illumi3D immediately of any breach of security or unauthorized use of your User Account. Illumi3D will not be liable for any losses caused by any unauthorized use of your User Account.
By providing Illumi3D your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such other email messages, you may opt out by clicking the unsubscribe link on the footer of any email you receive. Opting out may prevent
purposes, Illumi3D will bear the costs of arbitration, including the AAA filing, administrative, and arbitrator fees, as well as any reasonable attorneys' fees and costs incurred in the arbitration process.
Arbitration Process: The arbitration will be conducted by a single arbitrator who will be appointed by the AAA in accordance with its rules. The arbitrator's decision will be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator will have the authority to award any relief that would be available in a court of law, but will not have the authority to award punitive damages.
Class Action/Jury Trial Waiver: To the fullest extent permitted by applicable law, you agree that any dispute will be resolved on an individual basis and not as part of a class, collective, or representative action. You also agree that there will be no right to a jury trial for any claims or disputes that are subject to arbitration under these Terms.
Exceptions: The only exceptions to this Arbitration Agreement are claims for injunctive relief or other equitable remedies related to actual or threatened infringement of Illumi3D's intellectual property rights.
2. Class Action/Jury Trial Waiver
To the extent permitted by law, you agree that any disputes or claims you may have against Illumi3D will be resolved on an individual basis and not as part of a class, collective, or representative action. You also waive any right to a jury trial in relation to any claims or disputes you may have with Illumi3D.
3. Changes to Terms of Service
We may update these Terms from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any changes by posting the new Terms on our website at www.illumi3d.com/terms-of-service and indicating the effective date of the new Terms. Your continued use of the Service following the posting of changes constitutes your acceptance of such changes.
4. Contact Us
If you have any questions about these Terms, please contact our webmaster at:
Illumi3D Technologies, Inc.
Email: maximeleokugler@gmail.com
5. General Terms
5.1 Entire Agreement: These Terms, along with our Privacy Notice and Terms of Sale, constitute the entire agreement between you and Illumi3D regarding your use of the Service and supersede all prior agreements and understandings.
5.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
5.3 No Waiver: No failure or delay by Illumi3D in exercising any right, power, or privilege under these Terms will operate as a waiver of such right, power, or privilege.
5.4 Assignment: Illumi3D may assign these Terms in its sole discretion without restriction. You may not assign these Terms without our prior written consent.
5.5 Force Majeure: Illumi3D will not be liable for any failure to perform its obligations under these Terms if such failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, or disruptions in service.
5.6 Relationship of the Parties: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Illumi3D.
Effective Date
These Terms are effective as of September 5, 2022.