Terms of website use

By accessing and downloading any and all content from this website, you and your organization and company or entity (hereafter referred to as “you” and “user”) agree to the following Terms of Use (hereafter referred to as “Terms”) of Luminant Design LLC (hereafter referred to as “Luminant Design”).

Proprietary information

The text and graphics content of this site (hereinafter referred to as “Site materials”) is proprietary to Luminant Design and is owned or licensed by Luminant Design. Luminant Design retains all rights, ownership and interest to Site materials in full accordance to United States and international copyright laws. Site materials includes all viewable and downloadable content including but limited to articles, analyses, codes, diagrams, icons, identities, forms, letters, logos, maps, memos, pictograms, reports, studies, templates or visualizations.

Use of site materials

Site materials may only be used for “personal reference purposes only.” All other uses, including but not limited to any display for commercial purposes, is strictly prohibited without Luminant Design’s consent.

Site material licensing

Site materials may not be copied, posted, transmitted, distributed, resold, repurposed, or republished in any form (electronically or in print) without prior written authorization from Luminant Design and licensing in compliance with Luminant Design’s license and crediting requirements.

Modification

Site materials may not be altered or modified in any way, including but not limited to cropping, retouching, branding or framing in a way that, in the sole judgement of Luminant Design, (a) modifies the original identity and intent of the site materials, (b) is disparaging, misleading or defamatory, or (c) misrepresents the relationship of the user and Luminant Design. You may not alter or remove any identifying or protective notices included in the Site materials including but not limited to branding, trademarks, copyrights, introductions, headers, footers, front matter, colophons, keys or legends.

Linking to site materials

If you choose to reference materials on this site through web links or other communication means, you agree to comply with the following reference requirements: Hotlinking to Site materials is prohibited. Hotlinking is linking to someone elses website's files so that the content is hosted on their server, but the content appears on or as part of another website. This is also called bandwidth stealing. Linking direction to PDFs, EPS or other Site materials is prohibited. You may only link to Luminant Design html web pages on which the Site materials or links to Site materials are shown.

LIABILITY

LUMINANT DESIGN GIVES NOTICE THAT ITS WEBSITES INCLUDING ALL AND ANY SITE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS, GUARANTEES OF ANY KIND WHATSOEVER INCLUDING NO PROMISES THAT SITE CONTENT IS FULLY ACCURATE, UP-TO-DATE OR COMPLETE. YOU ARE, IN FULL, SOLELY RESPONSIBLE FOR YOUR USE OF SITE MATERIALS. LUMINANT DESIGN MAKES NO WARRANTIES, REPRESENTATIONS, GUARANTEES OF ANY KIND WHATSOEVER THAT SITE MATERIALS DO NOT CONTAIN THIRD PARTY CONTENT AND THAT YOUR USE OF SITE MATERIALS DOES NOT INFRINGE ON THE RIGHTS OF THOSE THIRD PARTIES OUTSIDE OF LICENSES OBTAINED BY LUMINANT DESIGN. THE LICENSING OF SITE MATERIALS FROM LUMINANT DESIGN DOES NOT GRANT YOU ANY RIGHTS TO OR PROTECTIONS FROM ANY THIRD PARTY CLAIMS. LUMINANT DESIGN AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES AND CONTRACTORS SHALL NOT BE HELD LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, CORRECTIVE OR ANY OTHER FORM OF DAMAGES OR CLAIMS WHATSOEVER RESULTING FROM THE USE OF (OR INABILITY TO USE) SITE MATERIALS BY YOU AND THIRD PARTIES YOU HAVE PROVIDED SITE MATERIALS TO FOR THEIR REFERENCE OR USE.

IN THE EVENT THAT YOUR USE OF SITE MATERIALS RESULTS IN ANY LEGAL ACTION FOR ANY REASON WHATSOEVER, YOU AGREE TO INDEMNIFY AND HOLD LUMINANT DESIGN AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES AND CONTRACTORS HARMLESS FOR YOUR USE OF LUMINANT DESIGN SITE MATERIALS INCLUDING USES BY THIRD PARTIES THAT YOU HAVE PROVIDED SITE MATERIALS TO FOR THEIR REFERENCE OR USE. BY USING SITE MATERIALS YOU ACKNOWLEDGE AND AGREE TO ASSUME ANY AND ALL LEGAL RESPONSIBILITY FOR YOUR USE OF SITE MATERIALS INCLUDING USES BY THIRD PARTIES THAT YOU HAVE PROVIDED SITE MATERIALS TO FOR THEIR REFERENCE OR USE. IN THE EVENT THAT LUMINANT DESIGN IS DRAWIN INTO ANY LEGAL ACTION RESULTING FROM USE OF SITE MATERIALS YOU AGREE TO PAY LUMINANT DESIGN FOR ALL RELATED TO DEFENSE INCLUDING BUT NOT LIMITED TO OUT-OF-POCKET AND COURT COSTS, REASONABLE ATTORNEY’S FEES, AND ALL HOURS INCURRED BY LUMINANT DESIGN BILLED AT LUMINANT DESIGN’S OFFICE RATES.

Governing law

These Terms shall be governed by the laws of New York State in the United States of America. You agree to the exclusive jurisdiction and venue of the State and Federal Courts located in Greene County, New York (or Albany County, New York as provided alternate) for all disputes pertaining to these Terms. In the event of court award, the Luminant Design is entitled to recover all related costs from you, including but not limited to outout-of-pocket and court-costs, reasonable attorney fees, and all hours incurred by Luminant Design billed at Luminant Design’s office rates.

Term, Termination of License or Permission, and Modification

The application of these Terms shall cover all prior and subsequent to the date of publication of these Terms and supersedes any previous Terms published. Luminant Design reserves the right to terminate your use of Site Materials, licensed or unlicensed, at any time for any reason without explanation. Luminant Design the right to modify the conditions of this policy at any time and it is the responsibility of the user to check and confirm whether its use complies with revised Terms.

Severability. Miscellaneous.

Nothing in this agreement shall be construed as waiving Luminant Design’s rights under the law. Where these Terms conflict, it shall be at the sole discretion of Luminant Design to determine which Terms are rightfully applicable and shall take precedence for applicability. In the event that any provision of these Terms shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of these Terms. Failure to enforce a provision of these Terms does not constitute a waiver of right to subsequently enforce such or any other provision of these terms. Enforcement of these Terms shall be to the fullest extent permissible under applicable law.