These terms and conditions of use contain provisions that govern how claims you and we may have against each other are resolved (see section 10 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you are opt-out following section 10.g. unless you are opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.This website and its family of digital applications are operated by Lunas, Inc. (“Lunas”). Throughout the site, the terms “we,” “us,” and “our” refer to Lunas. Lunas offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein (collectively, these “Terms and Conditions of Use” or the “Agreement”) which form a binding contract between you and us.
Terms
By accessing this website, you agree to be bound by these website Terms and Conditions of Use, all applicable laws, and regulations. You agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Lunas’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:modify or copy the materials; use the materials for any commercial purpose or any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Lunas’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.This license shall automatically terminate if you violate any of these restrictions and may be terminated by Lunas at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
Reliance on Information Posted
The information presented on or through the Lunas website is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical condition, consult your doctor before using any Lunas device or information obtained from the Lunas website.Further, the information presented on or through the Lunas website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Lunas website or by anyone who may be informed of any of its contents.This website may include third parties' content, including, without limitation, materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than Lunas's content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Lunas. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party.
Disclaimer of Warranties
Your use of the website, its content, and any services or items obtained through the Lunas website is at your own risk. The Lunas website, its content, and any services or items obtained through the Lunas website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Lunas nor any person associated with Lunas makes any warranty or representation concerning the website's completeness, security, reliability, quality, accuracy, or availability. Without limiting the foregoing, neither Lunas nor anyone associated with Lunas represents or warrants that the Lunas website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Lunas website or any services or items obtained through the website will otherwise meet your needs or expectations.To the fullest extent provided by law, Lunas hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you.
Limitation of Liability
To the fullest extent provided by law, in no event will Lunas, its affiliates, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Revisions
The materials appearing on any Lunas website could include technical, typographical, or photographic errors. Lunas does not warrant that any of the materials on its website are accurate, complete, or current. Lunas may make changes to the materials contained on its website at any time without notice. Lunas does not, however, make any commitment to update the materials.Further, Lunas reserves the right to update its website, digital assets, or products via channels it deems necessary, including but not limited to WiFi networks.
Links
Lunas has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Lunas of the site. Use of any such linked website is at the user’s own risk.
Site Terms of Use Modifications
Lunas may revise these terms of use for its website at any time without notice. By using this website, you agree to be bound by the then current version of these Terms and Conditions of Use
.Indemnification
You agree to defend, indemnify, and hold harmless Lunas, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Lunas website, including, without limitation, your access to or use of any information presented on or through the Lunas website, (ii) your user contributions to the Lunas website, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you. In this event, you will cooperate with us in asserting any available defenses.
Governing Law
Any claim relating to any Lunas website shall be governed by the laws of the State of California without regard to its conflict of law provisions.
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