Terms of Use 

Last updated: January 7, 2019

Welcome to www.lumatherapeutics.com and www.illuvinate.com (“the Site”). Luma Therapeutics, Inc. (“we,” “us,” “our,” or “Luma”) developed the Site to provide a platform for people to submit information related to their skin condition to Luma and/or a physician for evaluation and, if appropriate, treatment – so long as those people are over the age of 18 or other legal age under applicable state law, and/or have the necessary capacity or authority to enter binding agreements like this through a consenting parent or legal guardian, as explained below.

PLEASE READ THESE TERMS OF USE CAREFULLY AND UNDERSTAND THEM BEFORE YOU PROCEED because the terms and conditions form a binding agreement (“Agreement” or “Terms of Use”) between you and us when you use the Site. That is, if you access or use the Site, it will mean you read, understood and expressly agree to the terms in these Terms of Use and that you will use the Products and Services only in accordance with all of the terms and conditions herein and all other applicable agreements, information, services, materials and other content provided by or through the Site and/or Luma.

You may not use Products and Services on the Site and/or that Luma provides if you do not agree to all of such terms and conditions, including the arbitration and indemnity provisions, unless otherwise stated on any consent or permitted by law. Therefore, if any term below is unacceptable to you, please do not use the Site or provide any personal information. If you are using the services and/or Physician Services on behalf of a company, legal entity, person, or persons, you are nonetheless individually bound by this Agreement even if one or more of these has a separate agreement with us.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

Products and Services in General

LUMA DOES NOT PROVIDE ANY MEDICAL SERVICES, PRACTICE MEDICINE OR ANY OTHER LICENSED HEALTHCARE PROFESSION, AND DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER PRACTICE BY PHYSICIANS OR OTHER LICENSED PRACTITIONERS, EACH OF WHOM IS RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION AND LICENSE.

Luma performs the kind of work that a physician staff or service may provide to them, including (1) operating the Site, collecting and securely maintaining your medical and other information to assist the physician who provides medical services to you (“your Physician”), (2) processing payment for services provided through the Site (“Services”), and (3) fulfilling and distributing illuvinate Product orders (“Products”).

NONE OF THE SITE CONTENT (OTHER THAN INFORMATION YOU RECEIVE FROM YOUR PHYSICIAN) SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION, OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.

Specific Terms Applicable to All Products and Services

  • Acknowledgement of Terms in this Binding Agreement. You acknowledge that the terms and notifications above and those below are legally binding on you.
  • Restrictions. Luma makes no representation that all products, material, and/or the information provided through the Site and Services, are appropriate for export and use in locations outside a Qualifying State. You access the Products and Services on your own initiative and are responsible for compliance with all applicable laws, including local laws, and United States export laws. By downloading or otherwise using or transferring any software, technology or other information through or from the Products and Services in any manner whatsoever, you represent and warrant you may legally do so.
  • Eligibility to Use the Products and Services. You expressly acknowledge and agree that you are at least 18 years old or the age of majority under your state law and able to form a binding agreement, or that you are a parent or legal guardian of the user with full power and legal authority to agree to these Terms of use and all other applicable agreements on the Site.
  • You further agree that using the Products and Services will not violate any other agreement to which you are a party and will not violate any rights of Luma other users or of third parties, including intellectual property rights and privacy rights.
  • Other Agreements. Certain Products and Services may have their own terms and conditions. These Terms of Use do not alter in any way the terms or conditions of any written terms, conditions, rules, or agreements you may have or will have with us or Physicians (“Other Agreements”), including the Privacy Policy, the terms of which are hereby incorporated by this reference. If there is any conflict between the Terms of Use and Other Agreements, the terms of the more specific Other Agreements will govern.
  • User Access and Use. We invite you to use the Products and Services for personal and non-commercial purposes. When you accept these Terms of Use, we grant you a limited, personal, non-exclusive, nontransferable, fully revocable license to access and to use the Products and Services as permitted under these Terms of Use and any Other Agreements. You have no other rights in the Products and Services or any materials available therein (the “Materials”), and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Products and Services or Materials in any manner. If you breach any of these Terms of Use, the above license will terminate automatically. Without limiting any other statement or term herein, you also represent and/or agree that the following applies each time you access or use the Products and Services:
    1. You acknowledge that results from the Products and Services are never guaranteed
  • If you believe that you are entitled or obligated to act contrary to these Terms of Use under any law, you will provide us with detailed explanation of your reasons in writing at least 30 days before you take action that is contrary to these Terms of Use to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
    • User Information. Luma may collect data from you, including answers to health-related questions, as described in the Privacy Notice and Other Agreements. You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that you violated any provision or aspect of these Terms of Use, we may deny or terminate your access to the Products and Services (or any portion thereof). By providing information to us, you represent and warrant that you are authorized or entitled to submit the information, that you are doing so voluntarily and not in violation of any contractual restrictions or third-party rights.  By providing information to us, you grant Luma, without any further consent, notice and/or compensation to you or to any third parties, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid-up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, the information you provide, directly or indirectly to Luma, including user-generated content, ideas, concepts, techniques and/or data.
    • Identifying Users. The only time Luma may identify you is if you request or expressly consent to our posting a testimonial, and if you are minor, only with parental or guardian consent provided through one of the methods identified above. Even if publication is properly requested, whether we post a testimonial is completely within our discretion. If we do post such a testimonial and you later want the information about you removed, we will remove it as soon as practicable upon your written request.
    • Payment. You agree to pay all fees for Products and Services provided through the Site. By providing Luma with your payment information, you agree that Luma is authorized to charge your account for all fees due and payable to Luma hereunder and that no additional notice or consent is required.
    • Prohibited Uses. You agree not to use the Products and Services for commercial or public purposes and/or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services; f) attempt to gain unauthorized access to any portion of the Products and Services or any other accounts, computer systems, or networks connected to the Products and Services, whether through hacking, password mining, or any other means; and/or g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
    • Intellectual Property. You hereby expressly acknowledge that Luma or its licensors own all legal right, title and interest in the Products and Services. Luma reserves all rights not expressly granted in and to the Service. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
    • Intellectual Property Infringement. We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we remove submissions that we believe may violate intellectual property rights of others and may suspend your access to the Products and Services (or any portion thereof) and/or terminate your account if you use the Products and Services in violation of someone’s intellectual property rights.
    • Third Party Sites. We may provide links to third-party websites. If we do, we are not obligated to review any third-party websites that you link to from the Site or Products and Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them. If we provide such links, you acknowledge that we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any third-party websites we may link from the Products and Services, you do this entirely at your own risk.
  • Indemnification. You agree to indemnify and hold harmless Luma, our owners, subsidiaries, affiliated companies, employees, shareholders, directors, licensors, co-branders, suppliers, Physicians, and the officers, directors, employees, consultants, and agents of each, and other Registered Users for all damages, liabilities, fines, penalties, losses, expenses, fees, and costs (including without limitation reasonable attorneys’ fees and costs) related to all claims, causes of action, charges, and investigations, caused by: a) your failure to comply with these Terms of Use, including without limitation your unauthorized submission of content and/or of that violates third-party rights or applicable laws; b) any content you submit or transmit; c) any activity in which you engage through the Products and Services; and d) any viruses, Trojan horses, worms, time bombs, cancelbots, or other similar or deleterious programming routines input by you into the Products and Services.
  • No Agency or Representations By Luma. As noted above, Luma does not practice medicine and does not exercise control or influence over your Physician. Further, notwithstanding any term herein, your Physicians are not agents of Luma, and you may not interpret any communications or transmissions to or from your Physicians to create an agency relationship and they may not be deemed at any time to be acting as an agent of Luma.  You understand that by coordinating and in certain cases consulting with a Physician through the Service, you are not entering into a physician-patient relationship with Luma. Luma does not have control over the quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Physicians. Luma makes no representations about any of these and assumes no responsibility for any of them. You can report a complaint relating to the care provided by a Physician by contacting the professional licensing board in the state where the care was received.
  • Disclaimer Of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. LUMA MAKES NO WARRANTY THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LUMA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUMA OR THROUGH THE PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  THE PRODUCTS AND SERVICES ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND AND REASONABLY PRUDENT JUDGMENT. PERSONS USING THE PRODUCTS AND SERVICES ASSUME FULL RESPONSIBILITY FOR THE USE OF THE PRODUCTS AND SERVICES, MATERIALS AND OTHER INFORMATION PROVIDED AND AGREE THAT LUMA IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE. YOUR RELIANCE ON THE CONTENT OBTAINED OR USED BY YOU IS SOLELY AT YOUR OWN RISK EXCEPT AS PROVIDED BY LAW.
  • Limitation Of Liability. YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LUMA OR ANY OF OUR OWNERS, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OR DIRECTORS (“LUMA AFFILIATES”) BE CUMULATIVELY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS AND SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS AND SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS AND SERVICES.
    1. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
    2. Mutual Rights of Termination. You may terminate this Agreement, for any or no reason, at any time, upon notice to Luma. Luma may terminate, modify, restrict, or suspend your use of the Products and Services, your account, and/or your registration without notice for any reason at any time. You understand that termination of your Agreement with Luma and your account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE PRODUCTS AND SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU. OTHER AGREEMENTS WITH LUMA MAY CONTAIN DIFFERENT TERMINATION PROVISIONS FOR A GIVEN SERVICE. IN SUCH CASES, TERMINATION PROVISIONS WITHIN OTHER AGREEMENTS SHALL GOVERN THE TERMINATION OF THOSE PRODUCTS AND SERVICES.
    3. Applicable Law. The validity, interpretation, construction, and performance of these Terms of Use and any claim, cause of action or dispute arising out of, or related to, this Agreement, and dispute resolution, shall be governed by the laws of the state of California without giving effect to the principles of conflict of laws. Except for disputes subject to arbitration as described below, any disputes relating to these Terms of Use or the Products and Services will be heard in the courts located in San Mateo County, California.
  • Dispute Resolution. YOU AND LUMA AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN CALIFORNIA, THE APPLICABLE RULES THEN IN EFFECT EXCEPT AS OTHERWISE AGREED BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND LUMA AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN SAN MATEO COUNTY, CALIFORNIA, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT LUMA SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE PRODUCTS AND SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE PRODUCTS AND SERVICES.
  • FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST-EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, IN WHICH CASE LUMA AND YOU MUST COMPLY WITH THE FOLLOWING RULES.
  • YOU AGREE THAT YOU AND LUMA ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
  1. Severability. If any provision of these Terms of Use is found by a court of competent jurisdiction or arbitrator to be invalid, Luma and you nevertheless agree that the court should give the effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect.
  2. Notices and Service of Process. We may notify you via postings on www.illuvinate.com. You may contact us at info@lumatherapeutics.com.  Any notices that you provide without compliance with this section on Notices shall have no legal effect.
  3. Electronic Communications. By using the Products and Services, you consent to receiving, without your written consent, electronic communications on the Site and/or from Luma, including without limitation these Terms of Use and the Privacy Policy, excepting such emails, text messages and other communications that are prohibited by Your Physician’s Notice of Privacy Practices (“NPP”), including notices about applicable fees and charges, transactional information and other information concerning or related to the Products and Services (“general communications”). You agree that any general communications that we send or make available to you electronically, including on the Site, will satisfy all legal communication requirements, including that including that any agreements contained in the general communications be signed and/or written in hard copy. You may opt out of receiving marketing communications from Luma by stopping your use of the Site.
  4. No Informal Waivers, Agreements or Representations. Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
  5. Limited Time to Bring Claim. Where permitted by law, you and Luma agree that any cause of action arising out of or related to the Products and Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

If you have questions regarding this Terms of Use or any other term or document on the Site, please contact us at info@lumatherapeutics.com. To the extent the California Electronic Commerce Act of 1984 applies, California users are advised that the technology and Site are provided by Luma Therapeutics, Inc.

If you have a question or complaint regarding the technology or the Site, please contact us at one of the addresses described above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.