LUME Pergolas & Outdoor Living

Terms & Conditions of Use – LUME Pergolas & Outdoor Living

Terms & Conditions of Use

Effective Date: November 7, 2025

Entity: LUME Pergolas & Outdoor Living (DBA of LUME Outdoor Living LLC)

Table of Contents

1. Agreement to Terms

These Terms of Use (“Terms”) are a binding agreement between you and LUME Outdoor Living LLC d/b/a LUME Pergolas & Outdoor Living (“LUME,” “we,” “us,” “our”) governing your access to lumeoutdoorliving.com (the “Site”). By accessing the Site, you confirm you have read, understand, and agree to these Terms. If you do not agree, do not use the Site.

These Terms govern Site use only. Your purchase of products/services (design, permitting, fabrication, installation, maintenance) is governed by the written proposal, contract, change orders, and warranty documents you sign with LUME. In a conflict between those documents and these Terms, the signed contract controls.

We may update these Terms at any time by posting a revised version with the “Effective Date” above. Your continued use after posting constitutes acceptance.

2. Intellectual Property & Brand Identifiers

The Site, including all content, design, text, graphics, photos, video, and arrangement (collectively, “Content”), is owned by or licensed to LUME and protected by U.S. and international IP laws. You are granted a limited, revocable, non-transferable license to access and use the Site for personal, non-commercial purposes. Except as expressly permitted, you may not copy, reproduce, modify, distribute, display, or create derivative works from the Content without our written consent.

Brand identifiers. “LUME Pergolas & Outdoor Living” and “Excellent Light Matters” are proprietary business identifiers and branding elements of LUME Outdoor Living LLC; they are not registered trademarks at this time and are protected under common-law and trade name rights. No license to use these identifiers is granted beyond fair, nominative reference.

3. User Representations

By using the Site, you represent that you: (i) have legal capacity to agree to these Terms; (ii) are at least 13 years old (minors must have parental consent and supervision); (iii) will not use bots/scrapers except for standard search indexing; (iv) will comply with all laws; and (v) will provide accurate information.

4. Prohibited Activities

You agree not to: (a) extract, compile, or harvest data without permission; (b) attempt to probe, scan, or test system vulnerabilities; (c) upload malware or interfere with Site operations; (d) impersonate others; (e) infringe IP or privacy rights; (f) spam or misuse forms/SMS/email; (g) use the Site in a way that competes with or damages LUME; or (h) violate any law or regulation.

5. User-Generated Content

Where enabled, you may submit content (reviews, photos, comments) (“Contributions”). You represent that you own the necessary rights and that Contributions are lawful and non-infringing. Contributions may be visible publicly; do not submit confidential information.

6. Contribution License & Feedback

You grant LUME a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, publish, display, and distribute your Contributions in connection with the Site, our portfolio, and marketing. If you submit suggestions/feedback, we may use them without compensation or obligation.

7. Submissions (Ideas/Concepts)

Any ideas, designs, or concepts you provide to LUME through the Site that are not protected by a separate NDA may be used by LUME for any lawful purpose without obligation to you. Do not submit confidential information unless covered by a signed confidentiality agreement.

8. Site Management

We may monitor, remove, or restrict content; suspend access; and manage the Site to protect rights, safety, and functionality. We may remove content that is unlawful, infringing, or inconsistent with these Terms.

9. Term & Termination

These Terms remain in effect while you use the Site. We may suspend or terminate access at any time with or without notice. Sections that should reasonably survive (IP, disclaimers, limits, indemnity, governing law) will survive termination.

10. Modifications & Interruptions

We may modify, suspend, or discontinue any part of the Site without notice. We are not liable for downtime, errors, or data loss associated with maintenance, outages, or third-party failures.

11. Governing Law

These Terms and your use of the Site are governed by the laws of the State of Texas, without regard to conflicts-of-law rules.

12. Dispute Resolution (Venue; Timing)

Exclusive venue and jurisdiction lie in the state or federal courts located in Travis County, Texas. You consent to personal jurisdiction there and waive defenses of inconvenient forum. Any claim related to the Site must be brought within one (1) year after the cause of action accrues.

13. Corrections

The Site may contain typographical errors or inaccuracies. We may correct or update information at any time without notice.

14. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

15. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUME AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/GOODWILL/ DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR CONTENT. IN ALL EVENTS, OUR TOTAL LIABILITY SHALL NOT EXCEED $100 USD.

16. Indemnification

You agree to defend, indemnify, and hold LUME harmless from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your: (i) use of the Site; (ii) breach of these Terms; (iii) infringement of third-party rights; or (iv) unlawful conduct.

17. User Data & Backups

We may retain data transmitted to the Site for performance and security. You are responsible for maintaining backups of your data. We are not liable for loss or corruption of data.

18. Electronic Communications, Transactions & Signatures

Visiting the Site, sending emails, completing forms, consenting to SMS, and receiving documents electronically constitute electronic communications. You agree to electronic signatures and records for Site interactions, subject to any separate wet-ink requirements in your project contract.

19. State-Specific Disclosures (e.g., California)

California users may contact the Division of Consumer Services, California Department of Consumer Affairs (1625 North Market Blvd., Suite N-112, Sacramento, CA 95834; (800) 952-5210) if concerns are not resolved. Additional state disclosures may appear in our Privacy Policy.

20. Service-Specific Notices (Quotes, Retainers, Subcontractors, Warranties)

  • Quotes & Pricing: Non-binding until confirmed by signed agreement and completion of engineering review, site verification, and (where applicable) permitting.
  • Design Retainers/Deposits: Applied to project per the written agreement; refundable (if at all) minus design work performed or as otherwise stated in the contract.
  • Subcontractors: LUME may engage qualified subcontractors (e.g., licensed electricians, concrete crews, installers). LUME will coordinate as prime contractor unless otherwise agreed.
  • Permitting: LUME pulls permits when required. Certain small, furniture-type structures may not require a permit depending on jurisdiction; final determination is by the Authority Having Jurisdiction (AHJ).
  • Warranties: Manufacturer warranties (e.g., Azenco) govern product coverage; LUME’s labor warranty covers installation workmanship per your contract. Damage from third parties, misuse, acts of God, or improper maintenance is excluded unless expressly stated.

21. Miscellaneous

These Terms constitute the entire agreement regarding Site use. If any provision is found unenforceable, the remainder remains in effect. We may assign our rights/obligations. No waiver is effective unless in writing. These Terms shall not be construed against the drafter.

22. Contact Us

LUME Pergolas & Outdoor Living
DBA of LUME Outdoor Living LLC
Austin, Texas • hello@lumeoutdoorliving.com
Scroll to Top