HIPAA/Other Privacy Terms
Collectively, the terms below are referred to as the "Policy."
Lumenate and its subsidiaries (collectively "LUMENATE") are committed to taking reasonable steps necessary to protect your privacy. Once you choose to provide your "personal data" to LUMENATE (any information by which you can be individually identified), LUMENATE will endeavor to make sure it is only used in connection with your business relationship with LUMENATE.
LUMENATE may in the course of business collect personal data that is voluntarily provided by you. The potential uses of your personal data by LUMENATE are outlined later on in this Policy. Our policy is not to share personal data with unrelated companies, except as provided for in this Policy or as necessary in connection with internal information processing activities. We recognize that your personal data is confidential and we will take all reasonable measures to protect your personal data while it is in our possession.
LUMENATE normally only requests limited business-related personal data from you, such as your name, title, company address, e-mail address, and telephone and fax numbers. LUMENATE disclaims any legal duty to verify the accuracy of any personal data that you provide to LUMENATE.
Typically LUMENATE will ask for you to submit personal data for the following purposes:
It is LUMENATE' policy to collect personal data only when its collection is necessary for legitimate business purposes or to comply with LUMENATE’ legal obligations. In any instance where non-mandatory information is sought, you will be notified of this at the point of collection.
LUMENATE' intention is not to collect any sensitive personal data from you. Sensitive personal data includes a number of types of personal data relating to: race or ethnic origin; political opinions; religious or other similar beliefs; trade union membership; physical or mental health; sexual life or criminal record. We request that you do not provide sensitive personal data of this nature.
LUMENATE will not sell, rent, or lease your personal data to others.
Unless we have specifically informed you, obtained your consent or are permitted or required to do so by the laws of the jurisdiction we operate in, we will only share the personal data you provide with business partners and third party service providers who are acting on our behalf, and then only for the uses described in this Policy. LUMENATE will take appropriate steps to ensure that its business partners adequately protect the confidentiality and security of your personal data.
Personal data collected by LUMENATE may be transferred to member companies of the worldwide LUMENATE organization or to our business partners or third party service providers who are established in jurisdictions without comprehensive data protection laws. Where such transfers occur, LUMENATE will take appropriate steps to adequately protect the confidentiality and security of your personal data.
Despite LUMENATE's commitment to protecting your personal data, there may be circumstances under which LUMENATE may be deemed to be legally compelled to disclose your personal data. These circumstances may include, among others, situations where disclosure is required by law applicable to LUMENATE, or necessary to comply with an order of a court or governmental agency, export control, or necessary for matters of safety and security. In such cases, LUMENATE will make good faith efforts to provide only that information which is the subject of the official order or request.
LUMENATE does not retain all of the personal data that we receive. Your personal data will be retained for as long as the information is required by LUMENATE for our legitimate business purposes or to comply with legal requirements. LUMENATE will also take all reasonable steps to rectify, anonymous or delete personal data that is inaccurate or incomplete, or which is no longer required to be retained by LUMENATE.
When you provide your personal data to us via our web site, LUMENATE ordinarily uses your personal data to better understand your needs and provide you with better service. Specifically, we use your personal data to update you on the benefits and features of LUMENATE Products and Services and to provide you with information and material requested by you. From time to time, we may also use your personal data to contact you for market research or to provide you with marketing information we think would be of particular interest. At a minimum, we will always do our best to give you the opportunity to opt out of receiving such direct marketing or market research material. We will also follow internal requirements for avoiding the delivery of unwanted mail to you, such as allowing you to opt in before receiving unsolicited material, where applicable.
If you are concerned about cookies, most browsers permit individuals to decline cookies. In most cases, you may refuse a cookie and still fully navigate our web sites.
There are several places throughout the LUMENATE web site that may link to other web sites that do not operate under LUMENATE' privacy practices. LUMENATE does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. When you link to other web sites, LUMENATE' privacy practices and this Policy no longer apply and LUMENATE assumes no responsibility for the information or other practices of a site that is accessible through LUMENATE. We encourage you to review other web site privacy policies before disclosing any personally identifiable information.
LUMENATE is committed to ensuring the security of your personal data. To prevent unauthorized access, misuse, disclosure or destruction, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate technical and organizational procedures to safeguard and secure the information we collect from you.
In the unlikely event of a sale of LUMENATE, an LUMENATE business unit, or an LUMENATE affiliate, personal information held by LUMENATE may be made available to a buyer or prospective buyers in order for them to evaluate any such purchase or to operate any parts of LUMENATE' business.
Subject to the legal requirements of your jurisdiction of residence for notice and consent, LUMENATE reserves the right to modify or amend this Policy at any time to reflect changes in applicable laws or regulations, or changes in LUMENATE’ practices or procedures. Where conflicts exist between the terms and conditions of this Policy and applicable national data protection laws, the latter shall take precedence. This Policy is not intended to, and does not, provide rights beyond those that are prescribed by applicable national laws. The implementation date will be displayed at the bottom of this Policy.
We welcome your inquiries or comments about this Policy and any queries or concerns that you may have about the LUMENATE web site.
16633 Dallas Parkway, Suite 450
Dallas, Texas 75001
Attention: Tim Barto
This Policy was last updated on August 30, 2010.
At Lumenate, we believe high ethical standards are the foundation of a successful business. Customer loyalty and respect from the communities in which we do business stem from our reputation as a fair and honest company.
We have the utmost confidence in the values and ethics of our employees and representatives including our partners, resellers and suppliers.
Our Corporate Ethics Policy - the Right Way to Work - reflects our commitment to uphold our reputation for honest and ethical conduct toward our customers, our partners and our competitors. It informs, educates and prepares the people who do business on our behalf to respond appropriately in challenging situations. It will also help you understand and appreciate the way in which we like to do business.
Importantly, we expect the same level of business ethics from everyone who does business for Lumenate and we are committed to "doing the right thing".
The trademarks, logos, service marks (collectively "Trademarks") displayed on this Site are registered and unregistered Trademarks of Lumenate, Ltd., LUMENATE, its Affiliates or its respective owners. The following list may not contain an exhaustive list of all Trademarks currently registered or used by LUMENATE in the United States and other countries. For the most up-to-date trademark information and inquiries, please contact the Lumenate Legal Department.
Lumenate, LLC Registered Trademarks
Lumenate Registered Trademark
Collectively, the terms below are referred to as the "Agreement."
1. COPYRIGHT NOTICE
Copyright 2004-2010 Lumenate All Rights Reserved.
2. TRADEMARK NOTICE
The trademarks, logos, service marks (collectively "Trademarks") displayed on this Site are registered and unregistered Trademarks of LUMENATE, its Affiliates or respective owners. "Lumenate", "Lumenate", "LUMENATE", the Lumenate logo, and "Lumenate.com" are trademarks and/or service marks of Lumenate, Ltd., and/or Lumenate. Please click on the Trademarks tab above for more information. Nothing contained on this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use the Trademarks displayed on this Site.Misuse of any Trademark or any content displayed on this Site is prohibited.
3. LICENSE GRANT AND OWNERSHIP BY LUMENATE
o License. Subject to the terms and conditions of this Agreement, and until termination of the Agreement, Lumenate grants you a non-exclusive, non-transferable, limited license to view or print the Content in this Site without alterations, for personal, non-commercial use only. This limited license does not apply to any media or platform other than that of the current Site.
o Ownership. All Content on the Site is (and shall continue to be) owned exclusively by Lumenate or Other Providers, and is protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights, and the copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your Site Use.
4.RESTRICTIONS ON USE
a. Prohibited Acts. Concerning your Site Use or any Content, you agree not to:
o Restrict or inhibit any other user from using and enjoying the Site;
o Use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site;
o Post or transmit into or on the Site any unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful Information of any kind;
o Post or transmit into or on the Site any Information or software that contains a virus, bug, worm, trojan horse or other harmful or disruptive element;
o Publish, republish, perform, distribute, assign, sublicense, sell, prepare derivative works, modify, lease, rent, copy, reverse compile, reverse engineer, reverse assemble, transmit, display, decompile, translate, or use the Content (other than as expressly permitted in sections 3 and 6(d));
o Post or transmit into or on the Site any Information in violation of another party's copyright or intellectual property rights, including Information that infringes on another's rights;
o Take any action which imposes an unreasonable or disproportionately large load on Lumenate's infrastructure, as determined solely by Lumenate;
o Redeliver any of the Content using "framing", hyperlinks, or other technology without Lumenate's express written permission; or,
o Use any device or technology to provide repeated automated attempts to access password-protected portions of the Site.
b. Commercial Exploitation. You agree not to reproduce or commercially exploit any Content in any form, other than as expressly provided in sections 3 and 6(d)
c.Right to Regulate. You acknowledge that Lumenate has the right, but no obligation, to monitor the Site and to disclose any Information necessary to operate the Site, to protect Lumenate, its subsidiaries, licensors, and customers, and to comply with legal obligations or governmental requests. Lumenate reserves the right to refuse to post or to remove any Information on the Site, in whole or in part, for any reason.
d.Law Compliance. You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your Site Use.
5. YOUR SITE USE ACTIVITIES
o Password-Protected Areas. If you are allowed access to password-protected areas of the Site, you agree to keep your password confidential, to send Notice to Lumenate within 24 hours if your password is compromised.
o Unauthorized E-mail. Relating to your Site Use, you agree not to engage in the sending of any mass e-mail messages (also known as "spamming" ) to Lumenate or its employees.
o Linked-Sites. You acknowledge that Lumenate neither endorses nor is affiliated with any Linked-Site and is not responsible for any information (including any materials, software, content, or data) that appears on the Linked-Site. No information in any Linked-Site has been investigated, confirmed, approved, or verified by Lumenate. You also acknowledge that the owner of the Linked-Site neither endorses nor is affiliated with Lumenate. If you have a dispute or claim relating to a Linked-Site, you release Lumenate from any and all such claims.
o Dated Materials. You acknowledge that Lumenate has no obligation to update the Site, and that there is a possibility that Content may be out of date.
o External Issues. You acknowledge that (i) the internet is a network of computers worldwide, and that any Information submitted by you to Lumenate necessarily is routed via third party computers to Lumenate, (ii) Lumenate is not responsible for lapses in online security and does not assume liability for improper use of your Information by a third party.
o Year 2000. When the Site provides Information regarding the year 2000 readiness of products or services of Content Providers, such Information is provided for your convenience and to assist you in understanding and addressing your Year 2000 challenge. By providing this Information, Content Providers are not performing a Year 2000 assessment or conversion. You are solely responsible for the implementation of your Year 2000 project and Content Providers do not guarantee your results. Information contained on Lumenate's past and present Site pages regarding products or services offered by Lumenate and Other Providers are designated "Year 2000 Readiness Disclosures" under the Year 2000 Information and Readiness Disclosure Act of 1998. Information on the Site regarding non-Lumenate products or services are "Republications" under the Act, based on information supplied by other companies about their products and services. Lumenate has not independently verified the contents of these Republications and takes no responsibility for the accuracy or completeness of information contained in such Republications.
6. SUBMISSIONS OF INFORMATION BY YOU
When applicable, before submitting any Information to this Site, you agree to always check your license agreements (including software licenses) to make sure that you do not infringe the intellectual property rights of others.
You agree that, by submitting any Information to Lumenate, you grant Lumenate a nonexclusive, worldwide, perpetual, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, reproduce, distribute, adapt, perform, display, sublicense (through multiple tiers), exploit, and prepare derivative works of the submitted Information. By submitting Information to Lumenate, you represent and warrant that you have the authority to grant such rights to Lumenate.
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO LUMENATE.
7. APPLICABILITY, COOPERATION & INDEMNITY
o Geographic Scope. Lumenate reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires, or as required by law.
o Content changes. Lumenate in its sole discretion may add, delete or change the Content at any time, without notice to you.
o Indemnity. You agree to indemnify, defend and hold harmless Lumenate and Other Providers against any and all liabilities, claims, damages, costs or other expenses (including attorneys' fees, costs, expenses, and expert witness fees) that arise directly or indirectly out of or from (i) your breach of this Agreement, or (ii) your Site Use.
8. RESTRICTED RIGHTS & EXPORT CONTROLS
o Government Use. The software and documentation available on the Site are "commercial items," as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and related documentation, as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
o Export Compliance. You acknowledge and agree to comply with all U.S. laws, regulations and requirements applicable to the export of U.S. origin products and technology.
9. LIMITED WARRANTY AND DISCLAIMER
o DISCLAIMER OF WARRANTY. LUMENATE AND OTHER CONTENT PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY WAIVE ALL WARRANTIES BY LUMENATERELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
o LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL LUMENATE OR ANY OF THE CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
10. CONTACTING LUMENATE
Transaction Location, Governing Law, Jurisdiction, and Venue. This Agreement shall be treated as though it were executed and performed in Santa Clara, California, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California (exclusive of conflicts of law rules). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of California, consents to the extra-territorial service of process, and waives any jurisdictional, venue or inconvenient forum objections to such courts. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Santa Clara County, California. Lumenate makes no representation that the Content is appropriate or available for use in locations outside the United States of America, and your accessing the Content from locations where such Content is illegal is strictly prohibited.
Disputes and Attorneys' Fees. In any action to enforce this Agreement, the prevailing party will be entitled to its costs, attorneys' fees, and expenses (including expert witness fees). You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to Lumenate or Other Providers and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Lumenate and Other Providers will be entitled to injunctive relief for any breach of this Agreement.
Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Complete Integration. This Agreement constitutes the entire and only agreement between you and Lumenate pertaining to the subject matter hereof, and is intended to be a complete and absolute integration of the agreement between the parties. Concerning the subject matter hereof, any and all prior written agreements, representations, understandings, and warranties (collectively, "Understandings"), and all contemporaneous or prior oral Understandings between the parties are expressly superseded, cancelled, and replaced by this Agreement. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall constitute and be deemed your unconditional acceptance of this Agreement. The Parties agree that this Agreement and all Information relating to your Site Use are properly authenticated documents and may be given full evidentiary weight if submitted in evidence by you or Lumenate.
Modifications. This Agreement may only be modified by Lumenate, by posting a Revised Agreement on the Site. The Revised Agreement shall be effective immediately for all of your subsequent Site Use. You agree to review the Agreement periodically to be aware of the terms and conditions applicable to future Site Use.
Limitations Period. Any cause of action by either party must be instituted within one (1) year after the Site Use relating to such cause of action, or be forever waived and barred.
Termination. The Agreement may be terminated by either Party, in its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice. If the Agreement is terminated, you agree to cease all Site Use and, upon request by Lumenate, to return all Information in your possession relating to the Site, and all copies thereof.
Survival of Certain Provisions. The provisions of the sections titled "License Grant and Exclusive Ownership by Lumenate" (sub-section "b." only), "Restrictions on Use", "Warranty and Disclaimer", "Limited Applicability, Cooperation and Indemnity", "Your Site Use Activities", "Submissions of Information by You", "Miscellaneous" (only sub-sections "Transaction Location, Governing Law, Jurisdiction and Venue", "Disputes and Attorneys' Fees", "Severability", "Limitations Period", and "Termination") shall survive the expiration or termination of this Agreement. No expiration or termination of this Agreement shall release you from any obligation to pay Lumenate any amount that has accrued and become payable at or prior to the date of expiration or termination.
Assignment; Transfer. You shall not assign or transfer any interest in this Agreement, whether by merger, consolidation, operation of law, or otherwise without the prior written consent of an authorized executive officer of Lumenate.
Waiver. No delay or omission to exercise any right or remedy accruing to Lumenateupon any breach or default by you shall impair that right or remedy, or be construed to be a waiver of any breach or default, unless contained in an express writing executed by an authorized officer of Lumenate.
Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.
No Agency. You and Lumenateare independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Conflicts. If this Agreement conflicts with a provision of any other contract between you and Lumenate relating to the Site, the provision in such other Agreement shall govern.
The following terms, when used in this Agreement, shall have the following meanings.
o "Content". The term "Content" means all Information, data, or other material, in any form or media, contained in, obtained from, or relating to the Site, including all results obtained from the Site.
o "Content Providers". The term "Content Providers" means both Lumenateand Other Providers.
o "Including", "includes", "include" . The phrases "including", "includes", and "include", wherever used in the Agreement, means " including, but not limited to".
o "Information". The phrase "Information" includes all data, information, documents, files, personally-identifying information, and software disclosed by one party to the other in connection with the Site or your Site Use.
o "Linked-Site". A "Linked-Site" means any internet site (including all information, data, and content thereon) that is linked to the Site, but not owned by Lumenate.
o "Notice". The phrase "Notice" refers to the sending of Information by you to Lumenate via certified mail, return receipt requested, to Lumenate at: Lumenate Corporation, ATTN: General Counsel MS 34-46, 750 Central Expressway, Santa Clara, CA 95050. Any such notice shall be deemed given 48 hours after such Notice is sent.
o "Other Providers". The terms "Other Providers" means Lumenate' direct or indirect licensors, its affiliates, LumenateLtd., or other contributors to the Site (other than Lumenate).
o "Parties". The term "Parties" refers to Lumenate and you, collectively.
o "Revised Agreement". If the Agreement is modified in accordance with the section titled "Modifications", for convenience in distinguishing the original Agreement from the modified Agreement, the modified Agreement may be referred to as the "Revised Agreement".
o "Site". The term "Site" means any Lumenate internet site, page (and all sub-pages), uniform resource locator ("URL"), domain location, and all Information and Content thereon.
o "Site Use". The term "Site Use" means your use of or access to the Site (or any Content thereon), as well as any other activities in which you engage relating to the Site.