Last updated: January 2023
These Terms of Use (the “Terms”) govern your access to and use of Fire Escape Partners, Inc. dba Lucid Privacy Group, Inc. (“Lucid”) Services (defined in section 1 below). By using the Services you agree to be bound by these Terms.
At Lucid, privacy is our business. The Services consist of our website (https://lucidprivacy.io) and any functions provided by, through, or in conjunction with the website, including but not limited to website content, and newsletters (collectively, the “Services”).
You must be eighteen (18) years of age or older to use our Services. By using the Services, you represent to us that you are over the age of 18. You further agree that you are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms.
If you are an individual using the Services on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms.
We represent and warrant that we will provide the Services and perform our other obligations under these Terms in a professional and workmanlike manner substantially consistent with general industry standards. We shall use reasonable commercial efforts to comply with all applicable laws, ordinances, codes, regulations, rules, policies, regulations and procedures and the requirements of any other public or private authority, including without limitation any and all laws related to the privacy of personal information, in each case as applicable to the handling by us of your Content (defined in section 4 below) under these Terms.
The Services include functionality to enable you to upload comments, feedback, and other materials (“Content”). You hereby grant Lucid a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license to reproduce, distribute, perform and display, create derivative works of, adapt, modify and otherwise use and exploit such Content for any purpose (including promotional purposes, such as testimonials).
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Content does not violate any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your Content.
In using the Services, you agree not to upload, send, post, email, or otherwise transmit via the Services any Content that (i) contains viruses other code or software that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the communications networks or computer systems of Lucid, or our employees, contractors, affiliates, or customers, (ii) contains unlawful, tortious, libelous, defamatory, abusive, racist, harassing, or threatening material, or is invasive of another's privacy, another's right of publicity, is pornographic, or otherwise objectionable as determined by us in our sole discretion, or (iii) constitutes unsolicited commercial bulk email (spam), or is prohibited by the CAN-SPAM Act of 2003, or any other applicable law regulating email services. We shall be entitled, at our sole discretion, to remove any material that breaches these Terms or is otherwise objectionable.
We reserve the right to immediately and without notice suspend or terminate your account or access to any of the Services if we reasonably believe that you have violated these Terms.
The Services, including the website and content contained therein (including without limitation the Website design, text, graphics and all software and source codes connected with the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws that are owned by Lucid or other third parties from whom Lucid has the right to display such intellectual property. In accessing the Services you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. We hereby grant you a limited, personal, and non-exclusive license to copy and/or print pages viewed through the Website or the Services for personal, non-commercial use only.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Lucid a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. See http://www.copyright.gov for details. Notices must be sent in writing to:
Lucid Privacy Group
1050 Page Street
San Francisco, CA 94117
privacy@lucidprivacy.io
You consent to our Privacy Policy, which explains how we collect and use the information you provide to us. Our Privacy Policy is hereby incorporated herein by reference.
You agree to indemnify, defend, and hold harmless Lucid, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to your access to or use of, or activities in connection with, the Services.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND LUCID EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
While we try to maintain the timeliness, integrity and security of the Services, we do not guarantee that the Services are or will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted. The Services may include inaccuracies or errors.
LUCID WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, LUCID WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. THE MAXIMUM AGGREGATE LIABILITY OF LUCID FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
The Services may make available or provide links to third party websites, content, or information (“Third Party Materials”). Lucid does not control, and is not responsible for, any Third Party Materials and the availability of any Third Party Materials via our Services does not imply endorsement of, or affiliation with the provider of Third Party Materials. Your use of Third Party Materials is at your own risk.
We may update or otherwise modify these Terms from time to time. If we make material changes, we will post the updated Terms on this page with a “Last Updated” effective date of the revisions. Your continued use of the Services after an update will constitute acceptance.
It is expressly agreed that the Parties shall be independent contractors and that the relationship between the Parties shall not constitute a partnership, joint venture or agency. Neither party shall have the authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on the other party, without the prior consent of such other party.
These Terms and all rights and obligations hereunder may not be assigned without the written consent of the other party.
Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect without invalidating the remaining provisions hereof. Any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. Our failure to require the performance of any term or obligation of these Terms, or the waiver by any party of any breach of these Terms, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
The respective indemnities, representation and warranties, and our rights under these Terms will survive any termination of these Terms.
These Terms shall be construed in accordance with the laws of the state of California, without reference to its conflict of law provisions, and the obligations, rights, and remedies of the Parties hereunder shall be determined in accordance with such laws. The Parties agree to the exclusive jurisdiction of the state and federal courts located in San Francisco California.
The headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.