Terms of Use

1. Eligibility

The Website is intended for individuals who are at least 18 years old. By using the Website, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

Lumaire's clinical services are provided only to individuals who are at least 18 years old.

2. Not Medical Advice

The Website provides general information about Lumaire, our clinicians, and the treatments and services we offer. Website content is educational in nature and is not medical advice, and it does not create a provider-patient relationship.

Full details regarding the educational nature of Website content, treatment eligibility, off-label use, compounded medications, and related regulatory matters are set out in our Medical and Regulatory Disclaimer, which is incorporated into these Terms by reference. If there is a conflict between these Terms and the Medical and Regulatory Disclaimer regarding medical or regulatory matters, the Medical and Regulatory Disclaimer controls.

If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency department. Do not rely on the Website, email, text messaging, or voicemail for urgent or emergency care.

3. Privacy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, disclose, and protect information obtained through the Website. The Privacy Policy is incorporated into these Terms by reference.

Medical records and other identifiable healthcare information are handled under Lumaire's separate patient privacy practices, as described in the Privacy Policy.

4. Permitted Use of the Website

Subject to these Terms, Lumaire grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your own personal, non-commercial informational purposes.

You agree not to:

• Use the Website for any unlawful purpose or in violation of these Terms;
• Copy, reproduce, republish, distribute, or publicly display Website content except as permitted by these Terms or applicable copyright law;
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website;
• Use any automated system, bot, scraper, or data-mining tool to access, monitor, or copy Website content without our prior written consent;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Website, its servers, or any connected network or system;
• Introduce viruses, malware, or other harmful code to the Website;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Submit false, misleading, or fraudulent information through any Website form; or
• Use the Website to transmit unsolicited advertising, spam, or other unauthorized commercial communications.

Lumaire may suspend or terminate your access to the Website, without notice, for conduct that we believe violates these Terms or is otherwise harmful to Lumaire, other users, or third parties.

5. Website Forms and Communications

Website contact, consultation, scheduling, and newsletter forms are provided for general inquiries and are not monitored continuously or in real time. Submitting a form does not guarantee a particular response time, appointment availability, or acceptance as a Lumaire patient.

Please do not submit sensitive medical information, including symptoms requiring urgent attention, through a general Website form, email, text message, or voicemail. For urgent matters, call our office directly; for emergencies, call 911.

6. Intellectual Property

The Website and its content, including text, graphics, logos, images, photographs, video, audio, software, and the compilation and arrangement thereof (collectively, "Content"), are owned by Lumaire or our licensors and are protected by copyright, trademark, and other intellectual property laws.

"Lumaire," the Lumaire logo, and other Lumaire marks are trademarks of Viv Aesthetic Medicine, LLC. Other product and service names referenced on the Website may be trademarks of their respective owners.

Except as expressly permitted by these Terms, you may not use, reproduce, distribute, modify, or create derivative works from any Content without Lumaire's prior written consent or the consent of the applicable rights holder.

7. User Submissions

If you submit comments, reviews, testimonials, feedback, or other content to Lumaire through the Website or other channels ("Submissions"), you grant Lumaire a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, edit, and display that Submission in connection with operating and promoting Lumaire, subject to applicable law and, where required, your separate written consent regarding use of your name, image, or testimonial.

You represent that you have the right to submit the Submission and that it does not infringe the rights of any third party or violate any applicable law.

Lumaire may, but is not obligated to, monitor, edit, or remove Submissions at our discretion.

8. Third-Party Links and Services

The Website may link to or integrate with independently operated third-party websites and services, including scheduling, patient portal, payment, financing, and social-media platforms.

Lumaire does not control and is not responsible for the content, accuracy, or privacy and security practices of third-party websites and services. Inclusion of a link does not imply Lumaire's endorsement. Your use of any third-party website or service is governed by that third party's own terms and policies.

9. Disclaimer of Warranties

The Website and its Content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Lumaire does not warrant that the Website will be uninterrupted, secure, timely, or error-free, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components.

Lumaire does not warrant the accuracy, completeness, or currentness of Website Content. Medical and regulatory information changes over time, as described in our Medical and Regulatory Disclaimer.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Lumaire, its owners, members, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your access to or use of, or inability to access or use, the Website, even if advised of the possibility of such damages.

To the fullest extent permitted by applicable law, Lumaire's total aggregate liability arising out of or related to these Terms or your use of the Website will not exceed one hundred dollars ($100).

Nothing in these Terms limits any liability that cannot be limited or excluded under applicable law, including liability arising from clinical care provided to established patients, which is governed by the applicable standard of care and related legal requirements, not by these Terms.

11. Indemnification

You agree to indemnify, defend, and hold harmless Lumaire, its owners, members, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your violation of these Terms, your misuse of the Website, or your violation of any applicable law or the rights of any third party.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Maine, without regard to its conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or your use of the Website will be subject to the exclusive jurisdiction of the state and federal courts located in Cumberland County, Maine, and you consent to personal jurisdiction in those courts.

These Terms do not govern disputes relating to clinical care provided to established patients, which are addressed separately through Lumaire's patient agreements and applicable healthcare law.

13. Changes to These Terms

Lumaire may revise these Terms periodically. The revised Terms will be posted on this page with an updated effective date. Your continued use of the Website after revised Terms are posted constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

We encourage you to review these Terms periodically.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

15. Entire Agreement

These Terms, together with our Privacy Policy and Medical and Regulatory Disclaimer, constitute the entire agreement between you and Lumaire regarding your use of the Website and supersede any prior agreements regarding the Website.