Terms & Conditions

Welcome to Lumina Networks!   These terms and conditions apply to Lumina Networks’ website located at www.Lumina Networks.com and all other sites, services and tools where these Terms and Conditions appear or are linked (collectively the “Site”).  As used in these Terms and Conditions, “Lumina Networks”, “Lumina”, “us” or “we” refers to Lumina Networks, Inc. and its affiliates.

1. ACCEPTANCE OF TERMS

BY ACCESSING OR OTHERWISE USING THIS SITE YOU AGREE TO THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST IMMEDIATELY STOP USING THIS SITE. Before using www.luminanetworks.com and affiliated Site, please carefully read this agreement relating to your use of the Site. Lumina Networks reserves the right, at Lumina Networks’ sole discretion, to change, modify, add or remove portions of these Terms.   Any person or entity who accesses or interacts with the Site through use of crawlers, robots, browsers or other tools is considered to be using the Site.

2. NO UNLAWFUL OR PROHIBITED USE

  1. This Site may only be used for lawful purposes in accordance with the terms of the licence granted in these Terms & Conditions.
  2. As a condition of your use of this Site, you warrant to Lumina Networks that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless specifically agreed to between us, YOU MAY NOT, unless specifically stated on the relevant portion of the Site:
    • make any commercial use of the Site or its Content, including making any collection or use of any content or images; or
    • download, copy, or transmit any Content for the benefit of any other commercial entity; or
    • use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Lumina Networks or generally publicly available browsers; or
    • frame, mirror, or use framing techniques on any part of the Site without Lumina Networks’ express prior written consent; or
    • make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content except pursuant to the limited license granted by these Terms & Conditions; or
    • use any meta tags or any other hidden text utilizing Lumina Networks’ name or marks; or
    • misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make; or
    • conduct fraudulent activities on the Site;
    • violate or attempt to violate the security of the Site, including, without limitation:
      • (1) accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
      • (2) trying to change the behavior of the Site;
      • (3) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
      • (4) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”;
      • (5) forging any header or any part of the header information in any e-mail or posting; or
      • (6) forging communications on behalf of the Site (impersonating the Lumina Networks website) or to the Site (impersonating another user); or
    • send unsolicited or unauthorized email on behalf of Lumina Networks, including promotions and/or advertising of products or services; or
    • tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site; or
    • use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity; or
    • harvest or collect personally identifiable information about other users of the Site; or
    • restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site); or
    • reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site; or
    • modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
    • remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

3. DESCRIPTION OF SERVICES

The Site is owned and operated by Lumina Networks, Inc. for the purpose of creating a community, development, discussion and innovation around Software-defined Networking technologies (the “Purpose”). The Site provides technology news, tools, products, events, job listings, training and education for the IT community.

4. DMCA NOTICE

  • Lumina Networks’ policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA or any other applicable law may be applicable.
  • If you believe in good faith that your work has been copied in a way that constitutes copyright infringement under any applicable law, please provide Lumina Networks’ DMCA Designated Agent the written information specified below. Please note that this procedure is exclusively for notifying Lumina Networks that your copyrighted material has been infringed under applicable law. Lumina Networks does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Lumina Networks will respond by either taking down the allegedly infringing content or blocking access to it. Lumina Networks may contact the notice provider to request additional information. Under the DMCA, Lumina Networks is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Lumina Networks a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
  • To file a notice in respect of the DCMA or applicable law relating to copyright infringement, the copyright owner must send in a written letter by regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice. Such notice must:
    • Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
    • Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
    • Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
    • If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
    • Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
    • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
    • Be signed; and
    • Be sent to our DMCA designated agent at the following address: –
      • Lumina Networks, Inc.
        General Counsel
        2077 Gateway Plaza Suite 500
        San Jose, Ca. 95110

5. REGISTRATION OBLIGATIONS

  1. When requested, each Site’s user must:
    • personally provide true, accurate, current and complete information on the Site’s registration form (collectively, the “Registration Data”); and
    • maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete.
  2. If, after investigation, Lumina Networks has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, Lumina Networks may suspend or terminate that user’s account and prohibit any and all current or future use of the Site (or any portion thereof) by that user other than as expressly provided herein. Each user may receive passwords and account designations upon completing certain Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder.
  3. Subject to Section 13(a), Lumina Networks cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this Section, including any loss or damage arising from any user’s failure to:
    • immediately notify Lumina Networks of any unauthorized use of his or her password or account or any other breach of security; and
    • ensure that he or she exits from his or her account at the end of each session.
  4. You represent and warrant that you are of legal age in your jurisdiction to create binding contractual and financial obligations and to assume any liability that you may incur as a result of your use of Site. You must be 13 years of age or older to use this site. If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of Site.
  5. Use of the Site is void where prohibited in accordance with these Terms and Conditions. For users of the Site, you represent you are not a person on a list barring you from receiving services under the laws of England and Wales, the U.S. or other applicable jurisdiction, including without limitations, the Denied Persons List and the Entity List, and other lists issued by the U.S. Department of Commerce, Bureau of Industry and Security, detailed at http://www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm (or successor Site thereto). Users residing in countries on the United States Office of Foreign Assets Control sanction list, may not post Content to, or access Content available through the Site.
  6. The Site handle user Registration Data in accordance with the Lumina Networks’ Privacy Policy.

6. CONTENT

  1. Except insofar as expressly set out otherwise in Section 7:
    • all content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of Lumina Networks or its suppliers or licensors and may be protected by copyright, trademark, patent, or other proprietary rights;
    • the collection, arrangement, and assembly of all Content on the Site is the exclusive property of Lumina Networks and is protected by U.S. and international copyright laws; and
    • Lumina Networks and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
  2. All of Lumina Networks’, or Lumina Networks’ licensor’s, pre-existing intellectual property rights will remain vested in such party.
  3. You also acknowledge and agree that any information you provide us, including but not limited to email addresses and other identity or address information, may be shared with our advertisers or sponsors at the sole discretion of Lumina Networks.

7. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE LUMINA NETWORKS SITE

  1. Use, reproduction, modification, and other intellectual property rights to data and Content stored on Lumina Networks will be subject to licensing arrangements that may be approved by Lumina Networks as applicable to such Content. With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers (“Lumina Networks Public Content”), the submitting user retains ownership of such Lumina Networks Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by Lumina Networks. In each such case, the submitting user, hereby grants Lumina Networks a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Lumina Networks Public Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. With respect to Content posted to private areas of the Site, the submitting user (i) herby grants Lumina Networks a royalty-free, perpetual, irrecoverable, non-exclusive license to display such Content in such private area of the Site, and (ii) may grant to Lumina Networks such additional rights and licenses as the submitting Lumina Networks user deems appropriate. Content located on any Lumina Networks-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by Lumina Networks as applicable to such Content, and you hereby agree to comply with the terms of any such licence.
  2. When you create or make available your Content on the Site, you represent and warrant that:
    • you own or have sufficient rights to post or make available your Content on or through the Site;
    • the posting or making available of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity;
    • your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
    • your Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow of the government of the United States or the United Kingdom, does not incite, encourage or threaten immediate physical harm against another;
    • your Content does not endorse or promote racism, bigotry, hatred, or physical harm of any kind against another group or individual, and does not discriminate, incite harassment or advocate harassment of any group or individual;
    • your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable law concerning child pornography or otherwise intended to protect the health and well-being of minors;
    • if your employer has rights to intellectual property you create, you have either received permission from your employer to make available your Content, or secured from your employer a waiver as to all rights in or to your Content; and
    • your Content does not constitute, contain, install or attempt to install or promote spyware or malware or any other computer code (whether on the Site or others computers or equipment) intended to, or that does, enable you or others to gather information about or monitor the online or other activities of another party, unless it discloses such functionality to the user in a clear and conspicuous manner and the user affirmatively consents to such use; and, your Content does not otherwise violate, or link to material that violates, any provision of these Terms and Conditions or any applicable law or regulation, including any law designed to regulate electronic advertising.

8. NO RESALE OF SERVICE

You agree not to sell, resell, or offer for sale any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

  1. Lumina Networks may establish general practices and limits concerning use of the Site. While Lumina Networks will use reasonable endeavours to back up site data and make such data available in the event of loss or deletion, subject to Section 13(a), Lumina Networks has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any of the Site. Lumina Networks reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. Lumina Networks reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
  2. In addition, you will use the Site in compliance with all applicable laws and in accordance with these Terms and Conditions.
  3. In addition to the above, you may not access or use the Site for any purpose other than that for which Lumina Networks makes it available.
  4. Without limiting any other remedies, Lumina Networks may suspend or terminate your Lumina Networks account if we suspect that you have engaged in unlawful or prohibited activity in connection with the Site. Lumina Networks reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in Lumina Networks’ sole discretion violates this Section 9.
  5. Prohibited activity includes, but is not limited to: illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking (including using any information obtained on or via the Site to harass, abuse, stalk, or harm another person), spamming, copyright infringement, patent infringement, or theft of trade secrets; using any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without such user’s prior explicit consent (including non-commercial contacts like chain letters); compiling or collecting Associated Content, Site Materials, or Sponsor Content from the Site as part of a database or other work; interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to Lumina Networks, including, without limitation, any attempt to circumvent the access controls or security measures of  the Site; accessing the Site by any means other than through interfaces provided by the Site, unless otherwise specifically authorized by Lumina Networks in a separate, prior written agreement; circumventing, disabling or otherwise interfering with security-related features of the Site, or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials therein; attempting to impersonate another user or person, using the user account of another person, and selling or otherwise transferring your user account, or otherwise misrepresenting your affiliation with a person or entity; and, selling, reselling or offering for any commercial purposes, any portion of, use of, or access to the Site, except where specifically endorsed or approved by Lumina Networks.

9. TERMINATION

  1. Lumina Networks may terminate a user’s account in Lumina Networks’ absolute discretion and for any reason.
  2. Lumina Networks is likely to terminate if a user’s access if the user engages in any of the following:
    • violation of these Terms and Conditions;
    • abuse of Site resources or attempt to gain unauthorized entry to the Site or Site resources;
    • use of the Site in a manner inconsistent with the Purpose;
    • a user’s request for such termination; or
    • as required by law, regulation, court or governing agency order.
  3. Lumina Networks’ termination of any user’s access to any or all Lumina Networks may be effected without notice and, on such termination, Lumina Networks may immediately deactivate or delete user’s account and/or bar any further access to such files. Lumina Networks shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. Lumina Networks reserves the right to delete, or not delete, a user’s account at Lumina Networks’ sole discretion, as well as to delete, or not delete, content at Lumina Networks’ sole discretion, subject to our Privacy Policy.

10. DISCLAIMERS OF WARRANTIES

  1. Lumina Networks cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
  2. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY LUMINA NETWORKS ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. LUMINA NETWORKS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM LUMINA NETWORKS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
  3. TO THE FULL EXTENT PERMITTED BY LAW, LUMINA NETWORKS DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE (TO THE EXTENT PERMITTED BY APPLICABLE LAW), SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND REASONABLE SKILL AND CARE.
  4. On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party Site. EXCEPT AS SET OUT IN SECTION 13(A), IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.

11. JURISDICTIONAL ISSUES

The Site is controlled and operated by Lumina Networks from the United States and is not intended to subject Lumina Networks to the laws or jurisdiction of any state, country or territory other than that of the United States. Lumina Networks does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

12. LIMITATION OF LIABILITY

  • Nothing in these terms and conditions shall exclude or limit either Lumina Network’s or your liability for:
    • death or personal injury caused by such party’s negligence;
    • any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982;
    • fraud or fraudulent misrepresentation; or
    • any other liability that cannot, as a matter of law, be limited or excluded.
  • Except as set out in Section 13(a) above, under no circumstances shall Lumina Networks or its employees, directors, officers, or agents be liable for:
    • any direct, indirect, general, special, punitive, consequential, incidental or exemplary losses or damages arising out of or in connection with your use of or inability to use the Site; or
    • any loss or damage or corruption of data, loss of income, loss of revenue or profits (whether actual or anticipated), loss of business, loss of opportunity, loss of goodwill, or loss of reputation, 
    • in each case whether in contract or tort (including negligence), for breach of statutory duty or otherwise, even if Lumina Networks has been advised of or should have known of the possibility of such damages.
  • Each provision of these Terms & Conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and Lumina Networks. This allocation is an essential element of the basis of the bargain between you and Lumina Networks.
  • Except as set out in Section 13(a) above: The limitations in this section will apply even if any limited remedy fails of its essential purpose(s). If
    • if you are dissatisfied with the Site, any content on the Site, or these Terms & Conditions, your sole and exclusive remedy is to discontinue using the Site; and
    • you acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein.

13. INDEMNIFICATION AND DEFENSE

As a condition of the use of the Site, you agree at all times to defend, indemnify, and hold harmless Lumina Networks and its respective employees, directors, officers, agents, vendors, and suppliers (together, the “Lumina Parties“) from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) suffered or incurred by any of the Lumina Parties, arising out of or otherwise relating to your use of the Site, including without limitation any user Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

14. NOTICES AND ELECTRONIC COMMUNICATIONS

Except as explicitly stated otherwise, any notices you send to Lumina Networks shall be sent by mail to Lumina Networks, 2077 Gateway Place Suite 500, San Jose, Ca. 95110. In the case of notices Lumina Networks sends to you, you consent to receive notices and other communications by Lumina Networks posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Lumina Networks provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.

15. APPLICABLE LAW

You agree that all matters relating to your access to or use of the Site and all matters arising out of or related to these Terms & conditions, including all disputes, will be governed by the laws of the state of California, United States of America, without regard to California’s choice of law principles.

16. ARBITRATION

  1. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE OR TO LUMINA NETWORKS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS AND CONDITIONS.
  2. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
  3. TO BEGIN AN ARBITRATION PROCEEDING, YOU MUST SEND A LETTER REQUESTING ARBITRATION AND DESCRIBING YOUR CLAIM TO OUR REGISTERED AGENT (IDENTIFY WHERE YOU WANT THE NOTICE SENT). THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES.  THE AAA’S RULES ARE AVAILABLE AT WWW.ADR.ORG. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES. NEITHER PARTY WILL NOT SEEK ATTORNEYS’ FEES AND COSTS IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, OR IN PERSON IN SAN JOSE, CA, U.S.A. OR AT ANOTHER MUTUALLY AGREED LOCATION.
  4. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

17. TRADEMARKS AND COPYRIGHTS

  1. Lumina Networks™, the Lumina Networks logo, Lumina Networks™, Lumina Networks logo, and all Lumina Networks’ product names are trademarks of Lumina Networks, LLC in the U.S. and other countries.
  2. Lumina Networks’ trademarks and trade dress may not be used in connection with any product or service that is not Lumina Networks, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lumina Networks.  Except insofar as expressly set out otherwise in Sections 6 or 7, all content included in or made available through any Lumina Networks site or service, such as text, articles, white papers, reference materials, graphics, logos, icons, images, audio clips, digital downloads, and data compilations is the property of Lumina Networks or its content suppliers and protected by United States and international copyright laws. This material may not be copied, reproduced, or modified in whole or in part for any purpose without express written permission from an authorized representative of Lumina Networks, Inc. In addition to such written permission to copy, reproduce, or modify this document in whole or part, an acknowledgement of the authors of the document and all applicable portions of the copyright notice must be clearly referenced.

18. GENERAL

  1. These Terms and Conditions constitute the entire agreement and understanding between each user and Lumina Networks in respect of its subject matter and govern each user’s use of Lumina Networks Site.  They supersede any previous agreement, warranty, statement, representation, understanding, or undertaking (in each case whether written or oral) given or made before the date you agreed to comply with these Terms and Conditions by or on behalf of any user or Lumina Networks and relating to its subject matter.
  2. Each user confirms that it has not relied upon, and (subject to Section 19(d)) shall have no remedy in respect of, any agreement, warranty, statement, representation, understanding or undertaking made by any user or Lumina Networks (whether or not a party to these Terms and Conditions) unless that warranty, statement, representation, understanding or undertaking is expressly set out in these Terms and Conditions.
  3. Subject to Section 19(d), neither party shall be entitled to the remedies of rescission or damages for misrepresentation arising out of, or in connection with, any agreement, warranty, statement, representation, understanding or undertaking whether or not it is set out in these Terms and Conditions.
  4. Nothing in these Terms and Conditions shall restrict or exclude any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
  5. Unless expressly stated otherwise in these Terms and Conditions, no one other than you or Lumina Networks shall have any right to enforce any term of these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999. This Section 19(e) does not affect any right or remedy of any person which exists or is available otherwise than pursuant to the Contracts (Rights of Third Parties) Act 1999.
  6. No failure of either party to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.
  7. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software.
  8. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
  9. Termination or expiry of these Terms and Conditions, howsoever caused, shall not prejudice any rights and remedies of either party which may have accrued under these Terms and Conditions up to the date of termination or expiry, and shall not affect any provision of these Terms and Conditions which is expressly or by implication intended to come into or remain in effect on or after termination or expiry.
  10. In our sole discretion, we may assign these Terms, in whole or in part, by providing notice in accordance with the notice provision in this Section should Lumina Networks ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of Lumina Networks. You may not assign these Terms, in whole or in part, without Lumina Networks’ prior written consent.

19. VIOLATIONS

Please report any violations of the Terms to Lumina Networks legal@Lumina Networks.com.

 

 

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