Terms and Conditions of Use Agreement
We recommend that you read this Terms and Conditions of Use Agreement in its entirety to ensure you are fully informed before you start using any of the RAVES Services.
Privacy Reminder You should never provide your social security, credit card, or bank account numbers to prospective employers.
ARBITRATION NOTICE AND CLASS ACTION WAIVER : EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
Agreement and Acceptance of Terms and Conditions.Lucid Technologies, Inc. (“Lucid”, “us”, “our”, or “we”) provides the information and services on its Website, www.lucidtechinc.com (the “Site”) under the following terms and conditions. This Terms and Conditions of Use Agreement (“Agreement”) specifies and describes the terms, conditions, disclaimers, indemnifications, and limitations of liability applicable to a site visitor, user, job seeker, or employer (“you”, or “your”) when you make use of the Site, owned by Lucid. This Agreement is binding between you and Lucid, and you accept this Agreement each time you use or access the Site. By accessing or using the Site or RAVES Services, you agree to be bound by these Terms and Conditions as well as the most recent version of our Privacy Policy(link to policy). If you do not accept this Agreement, do not use the Site. If you are using the Site or RAVES Services on behalf of your employer or other entity, your use creates a legally binding contract between your employer or entity and Lucid Technologies, Inc.
These Terms and Conditions do not govern use of any of Lucid’s services, which are subject to a separate services agreement to be signed between any user of the services and Lucid. These Terms and Conditions include the provisions in this document as well as those in the Privacy Policy(link to Policy), and any other relevant policies. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Modifications. We may update these terms and conditions from time to time, and your continued use of the Site after we post any changes constitutes your acceptance of such changes. If is your responsibility to review these Terms and Conditions each time you access the Site or use RAVES Services.
Privacy Policy.Please review the Privacy Policy(link to policy), as it governs your visit to the Site and describes the personal and non-personal information Lucid collects, and how it is used. It is your responsibility to read and stay up to date with the Privacy Policy. Lucid reserves the right to use all information regarding your use of the Site, and all information provided by you, in any manner consistent with our Privacy Policy.
Description of Services.RAVES Services are cloud-based software-as-a-service products and services for the ____________________ industry, including but not limited to software that _______________________ as well as other services including but not limited to _________________.
The following products and services are collectively referred to as the “RAVES Services” and include but are not limited to:
[product/service name] – [product/service description] [product/service name] – [product/service description]
Intended Audience.Lucid does not intend the Site for any children younger than 17 years of age for any manner. For more information, please see the Privacy Policy (link to policy).
Termination.Lucid may end this Agreement, with or without notice, for any reason. If you violate this Agreement, Lucid may suspend or terminate your access and use of the Site.
Content Ownership.All code created by Lucid, graphics, pictures, designs, text, videos, information, logos, software, audio files or other content on this Site (“Content”), unless otherwise noted, is and will continue to be Lucid property or its licensor and is protected under applicable copyright, patent, trademark, or other proprietary rights. Under no circumstances will you acquire any ownership rights or other interest in any content by your use of this Site.
Other Contracts with Lucid.Your use of the Site may also be subject to other contracts or agreements you may enter with Lucid. If there is a conflict between this Agreement and any other contract or agreement, the terms of the other contract or agreement will prevail.
Purchases & Subscriptions.If you wish to purchase any product or service made available through us (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy(link to policy).
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Lucid may enter a subscription plan with you to provide various services. This Agreement will apply to these subscriptions unless you enter a subscription agreement with Lucid. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it if not agreed otherwise in writing. You may upgrade, downgrade, or cancel your subscription at any time. Once payment has been made, we do not offer refunds for cancellation. You may cancel your Subscription renewal either through your online account management page or by contacting Lucid Technologies, Inc. customer support team at [email].
A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Lucid Technologies, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize Lucid Technologies, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Lucid Technologies, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
As part of the subscriptions you may allow Lucid to store various personal information such as those listed in this paragraph above. You may remove this personal information by using the Site. You will hold confidential any information you receive from Lucid while on a subscription, and you will hold such information confidential for two years after this Agreement is terminated.
Free Trials.We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for Free Trial. If you do enter your billing information when signing up for Free Trial, you will not be charged by Lucid Technologies, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, we reserve the right to (i) modify Terms of Use of Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes. In our sole discretion and at any time, we may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Additional Terms Applicable to Employers.
(a) Employers are solely responsible for their postings on the Site and may not, without Lucid approval:
- Post jobs that do not comply with local, national, or international laws;
- Post jobs that include any requirements that are not actually required or legal;
- Promote or advertise career fairs, job fairs, hiring events, conferences, seminars, open houses, or any other event or meeting;
- Post jobs, advertisements, or links for Lucid’s competitors;
- Sell, promote, or advertise products or services;
- Post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- Post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors, or sub-agents;
- Post any business opportunity that pays only commissions unless the posting clearly states that the job pays only commissions and clearly describes the product or service that the job seeker would sell;
- Promote any job or employment opportunity that does not represent bona fide employment, which is indicated by the employer’s use of IRS forms W-2 or 1099;
- Post jobs on the Site for modeling, acting, talent agencies, entertainment agencies, or talent scouting positions;
- Advertise sexual services or seek employees for jobs of a sexual nature;
- Request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
- Endorse or promote a political party, political agenda, political position, political issue, or religion;
- Post jobs located in countries subject to economic sanctions of the United States Government; and
- Except where allowed by applicable law, post jobs which require the applicant to provide information relating to their:
- Racial or ethnic origin;
- Political beliefs;
- Philosophical or religious beliefs;
- Membership of a trade union;
- Physical or mental health (including pregnancy status);
- Sexual life;
- The commission of criminal offences or proceedings; or
- Age.
(b) Job postings may not contain:
- Any hyperlinks, other than those authorized by Lucid;
- Misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Lucid’s reasonable discretion;
- The names, logos or trademarks of unaffiliated companies other than those of your customer unless authorized by Lucid;
- The names of colleges, cities, states, towns or countries that are unrelated to the posting;
- More than one job, job description, job location or job category per job post;
- Inaccurate, false, or misleading information; and
- Material or links to material that exploits anyone in a sexual, violent or other manner, or solicits personal information from anyone under 18.
(c) Employers will use any information received from Lucid in accordance with all applicable privacy and data protection laws and may not disclose any of this information to any third party without Lucid’ approval.
(d) Employers and users posting jobs warrant and represent to Lucid that the information they provide is truthful and accurate to the best of their knowledge.
(e) Employers will take appropriate physical, technical, and administrative measures to protect data obtained from Lucid from loss, misuse, unauthorized access, disclosure, alteration or destruction.
(f) Lucid is not an employer regarding your use of the Site and Lucid may not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Site.
(g) Lucid may remove any job ad or content from the Site that Lucid determines does not comply with this Agreement or is not in Lucid’s best interest.
Additional Terms Applicable to Job Applicants. You will be solely responsible for the form, content and accuracy of any resume or material posted on the Site. Lucid may keep your resumes, cover letters, questionnaires or other materials even after you remove them from the Site.
License to Use Site. Lucid grants you a limited, revocable, non-transferable, nonexclusive license to access, view, download and use the Site and RAVES Services solely for your own personal use and not for any other use, including, but not limited to, republication, distribution, assignment, sub-license, sale, preparation of derivative works, or any other use of the Site or the Content. We own and will continue to own all rights, title and interest in and to
www.lucidtechinc.com, RAVES Services, our logo, trademarks and service marks, and all intellectual property rights in connection with the foregoing. No ownership interests will be transferred to you simply by your use of Lucid’s Services. We may terminate this license at any time for any reason. If you breach any of these Terms and Conditions, your rights and this license will terminate, you must immediately cease use of Lucid’s Services, and you must return or destroy (with written certification to us) all copies, including electronic copies, of Content then in your possession and control.
Compliance with Laws. You will comply with all applicable laws regarding your use of the Site.
Your Use of the Site. You may not:
- Transmit, post, distribute, store or destroy material, including without limitation the Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of this Agreement or Lucid’s Privacy Policy (link to Policy);
- Take any action that imposes an unreasonable or disproportionately large load on the Site or the Site’s infrastructure;
- Use any device to navigate or search the Site other than the tools available on the Site, third-party web browsers, or other tools approved by Lucid; use any data mining, robots or similar data gathering or extraction methods;
- Violate or attempt to violate the security of the Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- Reverse engineer or decompile any parts of the Site;
- Aggregate, copy or duplicate in any manner any of the Content or information available on the Site, including expired job ads, other than as permitted by this Agreement;
- Frame or link to any Content or information available from any Site, unless permitted by this Agreement;
- Post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by this Agreement, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
- Post any resume or apply for any job on behalf of another party without that party’s approval;
- Defer any contact from an employer to any agent, agency, or other third party with the employer’s or Lucid approval;
- Access data not intended for you or log into a server you are not authorized to access;
- Post or submit to the Site any incomplete, false or inaccurate biographical information or information which is not your own;
- Post content that:
- Contains restricted or password-only access pages, hidden pages or images;
- Implicitly or explicitly engages in, endorses or promotes racism, bigotry, discrimination, hatred, physical harm, harasses, incites harassment or advocates harassment of any group or individual;
- Involves the transmission of junk mail, chain letters, unsolicited mass mailing, spam, or phishing;
- Promotes or endorses false or misleading information, illegal activities, or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- Displays or links to pornographic, indecent or sexually explicit material of any kind;
- Provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- Provides instructional information about illegal activities or other activities prohibited by this Agreement, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media;
- Solicit personally identifiable information from others on the Site; delete or alter any material posted by any other person or entity;
- Harass, incite harassment or advocate harassment of any group, company, or individual;
- Send unsolicited mail or email, make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any other user on the Site, or contact any users that have specifically requested not to be contacted by you;
- Attempt to interfere with the use of the Site by other users, the Site’s host or network, including, without limitation, uploading a virus, overloading, flooding, spamming, mail bombing or crashing the Site;
- Promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
- Use the Site for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job ad that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Lucid’s discretion.
Network Security. Violations of system or network security may result in civil and/or criminal liability. Lucid may investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
Links to Other Sites. The Site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Lucid of the contents on such third-party websites. Lucid is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
Limitations on use of Lucid Content.You may not sell, modify, reproduce, copy, adapt, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, in connection with products or services that are not offered by Lucid, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Lucid or its licensors, that dilutes the strength of Lucid’s or its licensor’s property, or that otherwise infringes Lucid’s or its licensor’s intellectual property rights. You may not misuse the Content or use the Content on any other application, website or in a networked computer environment for any purpose.
Content You Provide to Lucid.All information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by you on the Site (“User Content”) is your sole responsibility. We reserve the right to terminate the account of anyone found to be infringing on a copyright. We reserve the right but not the obligation to monitor and edit all Content provided by users. Lucid claims no ownership or control over any User Content. You, or a third-party licensor, retain all patent, trademark and copyright to any User Content you submit, post or display on or through the Site and you are responsible for protecting those rights. By submitting, posting or displaying User Content on or through the Site, you grant Lucid a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through Lucid. In addition, by submitting, posting or displaying User Content, which is available to the public, you grant Lucid a worldwide, non- exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for Lucid’s legitimate business interests. Lucid will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site. Lucid may refuse to accept, post, use, display or transmit any User Content. To the extent User Content consists of personally identifiable information, the terms of our Privacy Policy (link to policy) will apply.
Your Ownership of the User Content.By posting User Content on or through Lucid’s Site or its services, you represent and warrant that (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Lucid’s Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You represent and warrant that you have the right to grant, or that the holder of any rights, including moral rights in such User Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area on the Site, you also permit any user of the website to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content. Lucid may review and remove any User Content that, in its sole judgment, violates this Agreement, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, others using the Site. Lucid may take any action regarding User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Lucid, damage Lucid’s brand or public image, or cause Lucid to lose users or (in whole or in part) the services of its ISPs or other suppliers.
Reliance on User Content.Lucid does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Lucid endorse any opinions expressed by you or others. You acknowledge that any reliance on material posted by others will be at your own risk.
Copyrights and Copyright Agent.We respect the intellectual property rights of others. If you believe Lucid has copied your work in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all the following information to our Copyright Agent:
- An electronic or physical signature of the person allowed to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is on the Site;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that the disputed use is not allowed by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or allowed to act on the copyright owner’s behalf.
- Our Copyright Agent for Notice of Claims of Copyright Infringement on the Site is ________________, who can be reached:
- By Mail: [Mailing Address]
- By Phone: [Phone Number]
- By E-mail: [Email]
You may be held accountable for damages (including costs and attorney’s fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Lucid on your copyright.
Protecting Your Privacy.Unfortunately, fraud is becoming more common, especially online. You should be careful when including information on your resume and never share the following personal information with anyone, including a prospective employer, until you are confident it is not a fraud: National Identification Number; Social Security Number; Driver’s license number; Bank account information; Credit card information; Passwords; or Date of birth.
Our Relationship to You.Nothing in this Agreement, or your use of the Site, will make you a partner, joint-venturer, employee, or agent of Lucid. Further, nothing in this Agreement, or your use of the Site, will make Lucid a partner, joint-venturer, employee, or agent of you. Neither you nor Lucid have any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of, or on behalf of, each other.
Entire Agreement.This Agreement constitutes the entire agreement between you and Lucid and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Lucid. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to Privacy Policies), guidelines, or rules that may apply when you use the Site.
Waiver. Lucid failure to exercise or enforce any right or provision of this Agreement does not operate as a waiver of such right or provision. Any waiver of this Agreement must be in writing and signed by Lucid.
Choice of Law and Arbitration. Choice of Law. These Terms and Conditions are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Lucid and limits the manner in which you can seek relief from Lucid. Both you and Lucid acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Lucid’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms and Conditions, and that upon your acceptance of these Terms and Conditions, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Dallas County, Texas. The arbitration will proceed in the English language, in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of American Arbitration Association arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. The parties shall equally share the costs of arbitration. However, the arbitration shall have the discretion of awarded reasonable attorney’s fees and costs to the prevailing party.
(c) Small Claims Court; Infringement. Either you or Lucid may assert claims, if they qualify, in small claims court in Dallas County, Texas. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND LUCID WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Lucid are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Lucid over whether to vacate or enforce an arbitration award, YOU AND LUCID WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. EXCEPT TO THE EXTENT ARISING OUT OF THE CALIFORNIA CONSUMER PRIVACY ACT, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Lucid is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (f) below.
(f) Exclusive Venue. In circumstances where waiver of class or consolidated actions is deemed invalid or unenforceable resulting in neither you nor Lucid being entitled to arbitration, or for any other reason where the arbitration term as described in these Terms and Conditions are held invalid to where either party’s only recourse is by filing a cause of action in court, then both you and Lucid agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Dallas County, Texas, or the federal district in which that county falls.
(f) Exclusive Venue. In circumstances where waiver of class or consolidated actions is deemed invalid or unenforceable resulting in neither you nor Lucid being entitled to arbitration, or for any other reason where the arbitration term as described in these Terms and Conditions are held invalid to where either party’s only recourse is by filing a cause of action in court, then both you and Lucid agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Dallas County, Texas, or the federal district in which that county falls.
Severability.If any provision of this Terms and Conditions of Use Agreement is deemed by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Indemnification.You will indemnify and hold harmless Lucid, Lucid’s partners, Lucid’s employees, and Lucid’s affiliates, from any liability, loss, damages, claim, expense, or attorney’s fees, related to or arising from your violation of this Agreement or your use of the Site. Unless otherwise stated in this Agreement, you will indemnify Lucid from any liability, loss, damages, claim, expense, or attorney’s fees for any first-party claim between you and Lucid which is related to, or arising from, your violation of this Agreement or your use of the Site.
Right to Defend.Lucid may assume and control the defense or settlement of any third-party liability, loss, damage, claim, or expense, related to or arising form, your violation of this Agreement or your use of the Site. Lucid asserting this right does not affect your liability under the Indemnification provision.
Disclaimer of Warranty.To the fullest extent possible by law, Lucid does not warrant that the Site will operate error-free or is free of computer viruses or other harmful mechanisms. If your use of the Site results in the need for servicing or replacing equipment or data or any other costs, Lucid is not responsible for those costs. The Site is provided on an “as is” basis with no warranties of any kind. Lucid, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Lucid makes no warranties about the accuracy, reliability, completeness, or timeliness of content, services, software, text, graphics, and links on the Site.
Disclaimer of Consequential Damages.To the fullest extent possible by law, Lucid, its suppliers, or any third parties mentioned on the Site will not be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or business interruption) resulting from your use or inability to use the Site, whether based on warranty, contract, tort, or any other legal theory, and whether Lucid is advised of the possibility of such damages.
Disclaimer of Consequential Damages.To the fullest extent possible by law, Lucid, its suppliers, or any third parties mentioned on the Site will not be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or business interruption) resulting from your use or inability to use the Site, whether based on warranty, contract, tort, or any other legal theory, and whether Lucid is advised of the possibility of such damages.
Limitation of Liability.
- To the fullest extent possible by law, Lucid’s maximum liability arising out of or in connection with the Site or your use of the Site, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), may not exceed $100.
- 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 do not apply to you.
- Lucid is not responsible for information or content posted by employers or job applicants, the quality or safety of job postings or resumes, the truth or accuracy of job postings, the ability of employers to offer job opportunities to candidates, or the ability of candidates to fill job openings.
- While Lucid may remove information, content posted by employers or job applicants, job ads, resumes or other material from the Site, Lucid does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Contact Information . All notices regarding this Agreement must be sent to the following address:
By Mail: [Mailing Address]
By Phone: [Phone Number]
By E-mail: [Email]