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Become a Mentor

Terms of Use

Welcome, and thank you for your interest in Lucens. Our mission is to revolutionize healthcare by empowering medical professionals to reach their full potential through mentorship, community, and real-world knowledge.

By accessing or using any of Lucens’ internet properties including, without limitation, https://wearelucens.com/ , mobile websites, microsites, mobile applications, Lucens profiles on social media sites and any other digital services or properties operated or linked, and any others released by Lucens from time to time (collectively referred to as the “Site”), these Terms of Use (“Terms” or “Terms of Use”) form a legal agreement between you, the end user of the Site and Livem Operations LLC (“Lucens,” “we” and “us”). These Terms govern your access to and use of the Site including but not limited to the use of interactive features, blogs, posts, plug-ins, portals, applications, content, Exclusive Services downloads and/or other online or mobile services, (“Service”). These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Site. 

You may print a copy of this Privacy Policy by clicking here. If you have a disability, you may access this Privacy Policy in an alternative format by contacting info@wearelucens.com.

IF YOU WANT TO ACCESS OR USE THE SERVICE, THEN CAREFULLY READ THESE ENTIRE TERMS (INCLUDING ALL LINKS TO DETAILS AND PORTAL TERMS OF USE), AS THEY CONSTITUTE A WRITTEN AGREEMENT BETWEEN YOU AND US AND THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. EACH TIME YOU ACCESS AND/OR USE THE SERVICE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS THEN POSTED. THEREFORE, DO NOT USE THE SERVICE IF YOU DO NOT AGREE. IN THE EVENT OF A VIOLATION OF THESE TERMS, WE RESERVE THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY.  

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LUCENS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.   

  1. Scope of License.

Lucens grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the Site, the Service and features provided herein solely in connection with the purposes for which the Site and its features were designed. You agree that not all features of the Site may work well or at all on any particular device or computer. The Site, the Service, and features provided herein are the sole and exclusive property of Lucens or its licensor, as applicable.

It shall be deemed a violation of this license and these Terms to engage in fraudulent or misleading activity while using the Site or Services (for example, by using false names, multiple identities, multiple email accounts or addresses, impersonating another person, or otherwise providing false or misleading information), especially if the activity violates applicable laws or is harmful to Lucens’ interests.

  1. Accounts and Logins.

Certain features and areas of our Site are available only to caregivers, healthcare professionals or Exclusive Members with a valid registration and login. You are responsible for creating account login details (“Login Information”) that are unique and secure, including a password with sufficiently complexity that it cannot be easily guessed, cracked or hacked, and you must keep your Login Information confidential. You may not allow any third party to use your Login Information under any circumstances. Lucens is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Login Information. You must contact Lucens immediately if you become aware of or believe there is or may have been any unauthorized use of your Login Information, or otherwise wish to deactivate your Login Information due to security concerns.  

You will at all times provide and maintain true, accurate, current, authorized, and complete information for your account when submitting information or materials on the Lucens Site, to Lucens directly in person and/or through email. If you submit any false, inaccurate, untrue, unauthorized, or incomplete information, Lucens reserves the right to terminate your access and use of the Lucens Site.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any unauthorized revenue-generating endeavor or commercial enterprise. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your web browser for display enhancement purposes; and (3) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not: (1) modify copies of any materials from the Site; (2) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (3) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

Before using certain areas of the Site, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

LUCENS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR HARM; LOSS; THEFT (INCLUDING IDENTITY THEFT); REPUTATIONAL DAMAGE OR EMBARRASSMENT; UNAUTHORIZED USE, MODIFICATION OR DELETION OF YOUR INFORMATION OR DATA; OR ANY OTHER ADVERSE CONSEQUENCES YOU MAY SUFFER AS A RESULT OF YOUR FAILURE TO PROPERLY SELECT AND SECURE YOUR LOGIN INFORMATION (INCLUDING PASSWORD) OR TO LOG OUT OF YOUR ACCOUNT ON PUBLIC OR SHARED DEVICES.

  1. EXCLUSIVE ACCOUNT REGISTRATION.

When registering an account for the Exclusive Services (“Exclusive Account”) or submitting an application for Exclusive Membership, you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You agree that you will be responsible for all activities that occur under your Exclusive Account. You agree to monitor your Exclusive Account to restrict its use by minors and other unauthorized users and agree not to share your Exclusive Account or password with anyone. You agree not to create an Exclusive Account using a false identity or alias or if you previously have been banned from using any of the Exclusive Services. You further agree that you will not maintain more than one Exclusive Account at any given time. Lucens reserves the right to remove or reclaim any usernames at any time and for any reason. All Exclusive Memberships are subject to acceptance by Lucens, and confirmation of your Registration Data. Nothing on the Site, in the Exclusive Services or information presented therein shall be deemed to constitute a binding offer to sell products or services described on the Site. We reserve the right at any time after receipt of your Registration Data to accept or decline your Exclusive Membership or any portion thereof, in our sole discretion and for any reason, even after your receipt of an order confirmation or after your Exclusive Account is registered.

  1. SUBSCRIPTIONS & PURCHASES

Subscription Methods. You may purchase a subscription or package to the Products or Services from the Website, within the Apps, where allowed by the App marketplace partners. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

Automatically Renewing Subscriptions. Members and Exclusive Members may access the Products or Services via a subscription fee-based program (“Subscription”). Subscriptions may be available via monthly or annual options (“Subscription Term”). For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. Subscriptions may be charged separately for Products and Services. If you activate a Subscription, you authorize Lucens to periodically charge, on a going-forward basis all accrued sums (“Subscription Fee”) on or before the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase your first subscription to the Product or Service (“Subscription Billing Date”) for all applicable fees and taxes for the next subscription period. The Subscription will continue unless and until you cancel your Subscription or Lucens terminates your Subscription or your account.

Subscription Cancellation. You may cancel your Subscription at any time, but you must cancel your Subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. See more about cancellation at Section G below.

No Refunds on Subscriptions. Refunds cannot be claimed for any partial Subscription Term. Lucens will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information) (“Payment Method”). You will only have access to the Products and Services while your Subscription is active and subsisting.

Package Purchases. You may access some Products or Services by paying Lucens or our App marketplace partners a non-recurring fee at the time of registration (“Purchase”). If you make a Purchase, you authorize Lucens or our App marketplace partners, as applicable, to charge all accrued sums (“Fees”) on the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase the Product. Please note that the sale is final for all Purchases, and we will not provide a refund.

All orders are subject to acceptance by Lucens, and confirmation of your order will be provided to you. Nothing on the Site, in the Services or information presented therein shall be deemed to constitute a binding offer to sell products described on the Site. We reserve the right at any time after receipt of your order to accept or decline your order or any portion thereof, in our sole discretion and for any reason, even after your receipt of an order confirmation or after your credit card has been charged. We may in our sole discretion limit or cancel quantities purchased per person or order. Such restrictions may be per account, payment method, email address, or billing or shipping address.

You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. We may cancel without notice any orders that appear to be placed by dealers, resellers or distributors.  

Offers and Discounts

As applicable most promotional offers, such as coupons, vouchers, and discounts, restrictions apply.  See offer for terms and conditions applicable thereto which may be provided as part of each offer. Please read the details of each offer, as coupons and promotional code restrictions vary. Lucens reserves the right to modify, suspend, impose conditions on or cancel offers at any time without notice. If you return any of the items purchased with a discount offer, the discount or value may be subtracted from the return credit. Lucens has no obligation for payment of any tax in conjunction with the distribution or use of any offer. You are required to pay any applicable sales tax related to the use of the offer.

  1. PAYMENT TERMS

Your use of the Products and Services may require you to pay fees. We reserve the right to determine pricing for the Products and Services. The fees you owe may vary based on many factors. We will make reasonable efforts to keep pricing information published on our Website up-to-date.

You are responsible for all applicable fees and charges incurred, including applicable taxes, unless otherwise stated or otherwise agreed to in writing between the parties. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. All payments must be made through any of the methods that are accepted at the time of payment by us or by our payment services provider. You will remain responsible for any uncollected amounts. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. In order to access the Products and Services, you may be required to provide your payment information. You agree to promptly notify Lucens of any changes to your Payment Method while any payments remain outstanding. You authorize Lucens or a third-party payment processor to charge all fees for the Products and Services, including all applicable taxes, to the Payment Method. If you pay any fees with a credit card, we (or a third-party payment processor) may seek pre-authorization of your credit card account prior to purchase to verify that the credit card is valid and has the necessary funds or credit to cover your purchase. If we use a third-party payment processor, such as Stripe, their use of your personal information is subject to their applicable terms of service and privacy policy. For Stripe, those terms are available at https://stripe.com/legal and https://stripe.com/privacy.

Indirect taxes, value added taxes, fees, duty, import/export charges, or any similar governmental charges are not included in the price of the products. We shall automatically charge and withhold the applicable taxes, fees or charges for orders to be delivered to addresses within any country, province, state, territory or local jurisdiction that we deem is required at the time of purchase. 

In the course of your use of the Products or Services, Lucens and its third-party payment processor may receive and use updated credit card information from your credit card issuer to prevent your Subscription from being interrupted by an outdated or invalid card. This information is provided to Lucens and Lucens’s third-party payment processor at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. You agree not to hold us responsible for banking charges incurred due to payments on your account.

  1. CHANGING FEES AND CHARGES

We reserve the right to change our subscription fees, plans or adjust pricing for our Products and Services or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

  1. CANCELING MEMBERSHIP

CANCELLATION BY US

We may suspend or terminate your use of the Products and/or Services as a result of your fraud or breach of any obligation under these Terms. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products or Services or recording of the Services. Such termination or suspension may be immediate and without notice. If we terminate your account, you may receive a pro rata refund of fees that you prepaid for the Services. 

CANCELLATION BY YOU

You may cancel your Subscription at any time. Cancellation of a monthly Subscription is effective at the end of the applicable monthly period and cancellation of an annual Subscription is effective at the end of the applicable annual period. Please make any such cancellation by visiting https://www.wearelucens.com/contact or emailing info@wearelucens.com.

Please note that if you purchase a Subscription through the Apple iTunes Store or our iPhone application, you may cancel your Subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the Subscription you want to modify. If you purchase a Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a Subscription via Apple or Google, you may be subject to their additional terms.

  1. Confidentiality

To the extent applicable, you shall safeguard, protect, and hold in confidence all confidential materials made available to you on the Site. You may use the confidential materials solely for your individual informational purposes limited to the conduct of your professional activities and business. You shall not use the confidential materials for any other purpose (including without limitation any purpose competitive with Lucens’ business) or disclose them to any party.  

  1. Information That You Provide

We value the privacy of your information and comply with applicable privacy laws in processing the information you provide us. Our Site may include functionality that permits you to communicate with us, track, collect or send us information. For example, you may ask questions, submit a job title, schedule an appointment, or use other interactive features. Whenever you interact with us and provide us information, we may collect that information (including your name, contact information, company name, and technical information provided by your device such as IP address) in accordance with our Privacy Policy https://www.wearelucens.com/privacy-policy. We may also use this information to respond to your request or communication, improve our Site and services, comply with law, create aggregated or statistical data, and for other purposes.  

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You also consent to receive electronic communications from us, and you agree that all notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY LUCENS OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. You may receive notifications, alerts, emails, text messages, or other types of messages regarding the Service. These may include but not limited to, request, status, and receipt of appointment confirmations, which are not subject to opt-out although we may permit you to choose the manner in which we communicate these to you. We may also email you promotional or marketing materials. You may opt out using the process described in the Privacy Policy, available from https://www.wearelucens.com/privacy-policy. The Privacy Policy governs how we use your contact information and may provide you with additional rights and information. Residents of specific States should review the State-specific disclosures and information in the Privacy Policy.

You hereby agree that if you provide your mobile phone number, then you agree that this constitutes your consent to receive SMS text messages relating to our relationship with you, including messages about the services we provide, updates on your account, and other matters. If you provide us the phone number or other contact information other than yourself, then you declare that you have permission to provide us that information, and you will indemnify and defend Lucens from all claims, liabilities, losses and expenses (including attorney’s fees) that we suffer or incur as a result. You acknowledge that your wireless or mobile carrier may assess extra charges and fees for use of SMS texting. This section only applies to general visitors to our website and it may not apply to you if we have a separate contractual relationship with you or your organization. 

10. Your Obligations; Restrictions. 

You agree to abide by all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with Lucens’ operation and management of the Site. 

You shall not do any of the following, which are all deemed material breaches of these Terms and of your license to use the Site and Services:  (1) distribute or make the Site available over a network where it could be used by multiple devices at the same time; (2) access parts of the Site that you are not authorized to access, or attempt to circumvent restrictions imposed on your use or access of the Site; (3) rent, lease, lend, sell, sublicense, reproduce in whole or part, act as a service bureau, grant rights in the Site, or otherwise redistribute or use our Site or content in a manner that would substitute for the Site and our offerings; (4) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof; (5) intercept, examine or otherwise observe any proprietary communications protocol used by the Site, whether through the use of a network analyzer, packet sniffer or other device; (6) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or any website, application or service organized or provided by Lucens or existing on any of our network hardware or infrastructure; (7) use the Site to institute, assist, or become involved in any type of attack, including denial of service attacks, upon any party; (8) commit trespass or act in a manner that overburdens the capacity of our networks or servers; (9) use or attempt to use the Site in any manner to harass, abuse, stalk, threaten, defame, harm, or infringe or violate the rights of any other party; (10) provide us sensor data (such as microphone, camera, fitness or other data) that you are not authorized to provide; (11) impersonate any other person or entity when using the Site; or  (12) create any apps, extensions or other products or services that use our content without our permission. You must not use the Site as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.

Any attempt to do any of the foregoing is a breach of these Terms and will subject you to all remedies available to us, our service providers and our licensors under the law.  Without limitation, this may include contract breach, intellectual property infringement, and computer fraud and abuse.  If you breach any of these restrictions, you may be subject to prosecution and damages. 

11. Services, Links, and Third Party Material. 

Coaching Assumption of Risk

If you access and engage with our mentoring or 1:1 coaching service, you will work with Key Opinion Leaders, Mentors, Coaches, etc (Collectively hereinafter known as “KOL”) who will provide personal advice (including but not limited to contract negotiation, financial planning etc.), insight, support, encouragement, and motivation. The information contained on this Site and provided by KOLs are for educational and informational purposes only. The KOLs who provide the coaching services do not provide medical advice, legal, financial, professional clinical counseling or other clinical or medical services or professional consultations. The views and opinions expressed by the KOLs do not necessarily reflect that of Lucens. None of the advice provided by the KOLs, the Site or the services should be considered medical, financial, or clinical advice. Do not disregard your own personal and professional judgment because of information you have read on our Site, or received through KOLs. It is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your financial adviser, lawyer, or other qualified health, financial or legal provider with any questions you may have. The information provided in or through our Site or the KOLs is not intended to be a substitute for professional or medical judgment for investments, strategy, diagnosis, or treatment.

Although Lucens does not intend for the Site to contain objectionable content, you understand and acknowledge that by using any of the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Site at your sole risk and that Lucens shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Lucens shall not be obligated to correct or update the Site or its content, and Lucens shall not be liable for omissions, typographical errors, or out-of-date information that may appear on the Site.

No Medical Advice; Not a Medical App

The Site does not provide any medical advice or any medical services to you or anyone. The Site is not a medical app, medical service, or medical device. You acknowledge and agree that the Site is NOT intended to diagnose disease or other conditions; cure, mitigate, treat, or prevent any disease; or affect the structure or any function of the human body. You agree that Lucens has no responsibility for patient care, and that you are solely responsible for medical decision-making and care. Lucens is solely providing the Site as a communication tool for your use and is not providing medical advice in any way. If you are a healthcare provider, you further agree that your clinical judgments are based on your own medical expertise and shall not be determined in any way by the Site or any content contained therein. ALL INFORMATION AVAILABLE FROM THE SITE ON PERSONAL, FINANCIAL, MEDICAL OR HEALTH TOPICS IS PROVIDED “AS IS”, WITH ALL FAULTS AND DEFECTS, AND FOR CONVENIENCE ONLY. You agree to seek and obtain any and all diagnosis and treatment information of any medical condition from your selected physician or another member of your care team.

While we hope that the information provided to you through the Site is accurate, we cannot guarantee that there will be no typographical errors, delays, deletions, alterations, or inaccuracies in the information. If you believe any information associated with your account is inaccurate, please contact us so that we may correct the information.

Third-Party Material

The Site may (1) enable your access to websites, platforms or services (including social media platforms) created or provided by third parties, (2) display or otherwise make available content, data, blogs, articles, posts, information, applications, advertisements or materials from third parties, and (3) provide hyperlinks to certain third party web sites (“Third Party Materials”). Third Party Materials are provided solely as a convenience to you and you are subject to any specific terms and conditions under which they are provided. Lucens does not create, endorse, sponsor, recommend, suggest, or have any responsibility for any Third Party Materials or any products or services depicted therein. You acknowledge and agree that Lucens is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, language availability, appropriateness, availability or any other aspect of such Third Party Materials or any statements made therein.  Be aware of and read all third party terms and privacy policies whenever you leave the Site.  LUCENS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THIRD PARTY MATERIALS.  WE DO NOT ENDORSE OR ASSUME ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY MATERIALS.

General Health Advice

Any health advice published on the Site is provided solely for informational purposes as a public service to promote health. It is not meant to provide medical advice tailored to you in any way. It does not constitute medical advice and is not a substitute for proper medical care provided by a physician. Lucens assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on the Site or from KOLs. Always consult with your health care professional for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this site as a tool for self-diagnosis.   

Discussion Features 

Use of any Site features allowing you to participate in any blogs, threaded discussions, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, speak, show image, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal image, voice, or information or other material (collectively, “Contributions”) are conditioned on your compliance with these Terms of Use.  Lucens reserves all discretion to determine what content violates its Terms of Use, and such content may be removed without notice or liability to you or anyone else.  You hereby grant Lucens a nonexclusive, perpetual, irrevocable, worldwide license to reproduce, publicly display, publicly perform, retransmit, and exploit in any other manner your Contributions, for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Lucens does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Lucens owns all right, title, and interest in any compilation, collective work or other derivative work created by Lucens using or incorporating content or Contributions posted to the Site.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change or remove any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.  

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-exclusive. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms.

• Subject to the absolute restrictions set forth above on the submission of any personally identifiable or protected health information, you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms.

• Your Contributions do not disclose any information that may compromise your personal safety, including your name, phone number, social security number, health information, or any other personally identifying information.

• Your Contributions are not false, inaccurate, or misleading.

• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

• Your Contributions are not unlawful, obscene, lewd, lascivious, filthy, violent, threatening, harassing, defamatory, libelous, slanderous, hateful or otherwise objectionable (as determined by us).

• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

• Your Contributions are not used to harass or threaten any other person and to promote violence against a specific person, class of people or entity.

• Your Contributions do not violate any applicable law, regulation, or rule.

• Your Contributions do not violate the privacy or publicity rights of any third party.

• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site and legal action by us.

Advertisers. 

Lucens allows advertisers to display their advertisements and other information in certain areas of the Site, Live Events, and Email Newsletters such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we do not endorse or have no other relationship with advertisers.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

You further agree and acknowledge that the App Distributor may require you to register an account with them before you can download the Application. You agree that this account is entirely separate from your account with us.  For example, you may need a Google or Apple account in order to download and install the mobile application onto your Android or iOS device.  The App Distributor may require you to submit or make available your personal and/or device information, or to permit the App Distributor to access such information from your device or account, as a condition of using the mobile application.  If Google, Apple or other party provides us with information collection from your device, then we may use this information for any of our legitimate business purposes.  You acknowledge and agree that Lucens has no control or responsibility over your relationship with your mobile platform provider and will not be responsible for any third party terms or actions.  You further agree not to hold Lucens responsible in any way for the acts of your mobile platform provider, including their use of any of your personal information, or if they suspend, disable or terminate your ability to use the mobile application.  You agree to comply with all terms and conditions of your mobile platform provider whenever you download or use the mobile version of the Application.  If applicable under the terms of a mobile computing platform, these terms are a “custom end user license agreement” governing your use of the Application.

  1. Suspension; Termination. 

Lucens reserves the right to change, suspend, remove, disable or terminate access to the Site or any portion if it at any time without notice, for any or no reason, and with no liability or responsibility to you. Lucens may also impose limits on the use of or access to the Site, in any case and without notice or liability. These Terms and your license to use the Site are effective until terminated by you or Lucens. You may terminate your agreement with these Terms and your obligations hereunder by ceasing all use of the Site. If you fail to comply at all times with these Terms, your license to use the Site will terminate automatically and without any notice from Lucens, and your continued use after termination exposes you to legal liability to Lucens, which Lucens may pursue to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion. Upon any termination of the license, you shall cease all use of the Site.

  1. Internet Disclaimer.

Use of the Internet and the Site is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. Lucens does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Site over the Internet or other communication network. 

  1. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SITE AND INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LUCENS MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO:  WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR PERFORMANCE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION, OF NON‑INFRINGEMENT, OF FUNCTIONALITY, OF AVAILABILITY, OF NETWORK CONNECTIVITY AND TRANSMISSION, OF ABILITY TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LUCENS OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY. Certain jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so certain of the above exclusions and limitations may not apply to you.

  1. LIMITATION OF LIABILITY. 

IN NO EVENT SHALL LUCENS, ITS AFFILIATES, SUBSIDIARIES, PARENT ENTITY(IES), DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, STAFF, AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY THE “LUCENS PARTIES”) BE LIABLE FOR PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR SALES, LOSS OR CORRUPTION OF DATA, LOSS OF USE OF YOUR DEVICE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND EVEN IF LUCENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LUCENS SHALL HAVE NO (ZERO) LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SITE. Certain jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so these limitations may not apply to you.  

You agree to indemnify, defend and hold harmless Lucens and the Lucens Parties (defined above) from and against any and all claims, actions, proceedings and suits, and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney’s fees and other dispute resolution expenses) incurred by any Lucens Party arising out of or relating to your use of the Site or your violation or breach of these Terms.

  1. Ownership.  

The Site and its Services are licensed and not sold or transferred. Lucens reserves all rights not expressly granted to you by these Terms. The information, text, content, images, videos, data, look and feel, color scheme, logos, and all other material contained on the Site are subject to copyright, patent, trademark and other intangible rights protection. You may not use such material except as part of the Site and in accordance with these Terms. No portion of the Site may be reproduced in any form or by any means, except that you may use sharing features available from within the Site (but only to the extent facilitated by such sharing feature). We do not grant you any other rights to such material.  

  1. RESOLVING DISPUTES

If a dispute should arise between you and Lucens, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all disputes can be resolved to your satisfaction by our customer service team, reachable by emailing info@wearelucens.com or by calling 917 686 8431.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND LUCENS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Lucens agree to resolve any claims relating to this Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Lucens’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Lucens may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Lucens website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or (212) 751-2700. To initiate arbitration, you or Lucens must do the following things:

  1. Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
  2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 620 8th Ave Fl 34, New York, NY 10018.
  3. Send one copy of the Demand for Arbitration to Lucens.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Lucens will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Lucens will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in New York County, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Lucens, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Lucens.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be 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 the event any litigation should arise between you and Lucens in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Lucens WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Lucens at info+optout@wearelucens.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Terms.

  1. Governing Law.  

The laws of the State of New York (other than rules that would apply the law of other states) govern these Terms and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws. The exclusive jurisdiction and venue for any actions that you bring against Lucens relating to your use of the Sites shall be the courts located in or having jurisdiction over New York County in the State of New York. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. UNLESS PROHIBITED BY YOUR JURISDICTION, YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN OR CONSOLIDATE YOUR CLAIMS AGAINST Lucens WITH THE CLAIMS OF THIRD PARTIES.  

  1. Amendments. 

We may make changes to these Terms from time to time.  The changes will not be retroactive, and the most current version of the Terms of Use, which will always be located on the Site, will govern our relationship with you. If we make material changes to this policy, we will try to notify you either by prominently posting a notice of such changes or by directly sending you a notification via email to the email associated with your account. Your continued use of the Site constitutes your acceptance of any such revisions. You should periodically visit this page to review the current Terms of Use.

  1. Legal 

DMCA.  

Lucens respects the intellectual property of others. As part of that commitment, we follow the procedures set forth in the DMCA (Digital Millennium Copyright Act) regarding handling of infringing material on the Site.  Our DMCA Designated Agent may be contacted by Mail (99 Woodfield Dr., Short Hills, NJ 07078) or by E-mail info@wearelucens.com. 

Takedown Notice:  If you believe your work has been reproduced on the Site in a way that constitutes copyright infringement, you may notify our Designated Agent. Provide the following information for your notice to be valid:

1. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at the site;

2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;

3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint;

4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

If you believe that a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to the same Designated Agent above.  A valid counter-notification includes the following elements:

1. Your physical or electronic signature; 

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

4. Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is located outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant. 

We may require receipt of your signed statement before we initiate any investigation.  This section is not legal advice and we recommend that you seek independent legal counsel before filing a notification or a counter-notification.  For further information about the DMCA, please visit the Copyright Office website at http://www.copyright.gov.  

Injunctive and Other Remedies

You acknowledge that any violation of these Terms could result in irreparable harm to Lucens, the damages for which are incalculable. You agree that in the case of such a breach, Lucens shall have every remedy available at law, including immediate injunctive relief.  

Waiver

No waiver by Lucens of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lucens to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Contact 

If you have questions, complaints or requests regarding these Terms, you may direct them to us by writing to info@wearelucens.com or calling our corporate office at 917 686 8431.  These Terms may not be copied, modified or adapted without our prior written consent.

Last updated: July 10, 2024

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