Terms of Sale and Conditions of Use
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE AND CONDITIONS OF USE BEFORE
ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES
AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 15 AND 16). THESE TERMS FOR AN ESSENTIAL BASIS OF OUR
AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR
RECORDS.
THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND
RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of https://mylunavia.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by lunavia (“Lunavia,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
These Terms of Sale and Conditions of Use shall be governed by the laws
of Delaware.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A
CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS
SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION
PROVISIONS IN SECTION 17 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the
most current version of the Terms at any time on this page (https://mylunavia.com/pages/terms-of-service).
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or
changes to our Website. It is your responsibility to check this page periodically for changes. YOUR
CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING
ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
- WEBSITE USE
- PRIVACY & SECURITY DISCLOSURE
- GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
- PRODUCTS SOLD FOR PERSONAL USE ONLY
- NO MEDICAL ADVICE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
- MODIFICATIONS TO THE WEBSITE AND PRICES
- PAYMENT
- ORDER PLACEMENT AND ACCEPTANCE
- SHIPPING
- DELIVERY CONFIRMATION
- MONEY BACK GUARANTEE
- STANDARD RETURNS AND REFUNDS POLICY; LIFETIME WARRANTY
- SOCIAL MEDIA
- DISCLAIMER OF WARRANTIES
- DISCLAIMER OF LIABILITIES
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND
CLASS ACTION WAIVER - INDEMNIFICATION
- THIRD-PARTY WEBSITES AND LINKS
- TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
- ELECTRONIC COMMUNICATIONS
- ASSIGNMENT
- NO WAIVER
- SEVERABILITY
- TERMINATION
- SMS PERMISSIONS
- ENTIRE AGREEMENT
- QUESTIONS OR ADDITIONAL INFORMATION
TERMS OF SALE AND CONDITIONS OF USE
1. WEBSITE USE
By using the Website and agreeing to
these Terms, you represent that you are at least the age of majority in your state or province of
residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding
contract with us, have read this Agreement, and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our privacy policy may
be viewed at https://mylunavia.com/products/antifungal-pen The
Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT
RESTRICTIONS
All aspects of our Website are protected by U.S. and international
copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other
rights by downloading or using the Website or any material on it.
You agree not to use or attempt
to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You
further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the
Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website;
(2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or
participate in any unlawful acts; (4) violating any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property
rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming,
defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading
information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be
used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking
the personal information of others; (10) interfering with or circumventing the security features of the
Website; or (11) any other unlawful act.
lunavia reserves the right to terminate your access to the
Website or any of its services if it determines that you (1) do not comply with these Terms of Sale; (2)
provide false, inaccurate, or incomplete information during our registration process; (3) engage in any
conduct that would otherwise harm any of lunavia’s rights or interests in its Website, services, or other
property; or (4) for any or no reason whatsoever without prior notice to you. Lunavia may take any other
actions necessary in this regard or seek any remedies permitted by law.
4. PRODUCTS SOLD FOR PERSONAL USE
ONLY
You further agree that any products or services you purchase from lunavia on or
through the Website will be used for your personal, non-commercial use. You agree that you will not
resell, redistribute, modify, or export any product that you order from the Website.
5. NO MEDICAL ADVICE AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF
INFORMATION
The material on the Website is provided for general informational purposes
only and is not intended as medical advice or as a substitute for the medical advice of a physician. The
statements made on this Website have not been evaluated by the Food and Drug Administration. You should
consult your physician before using any information provided by lunavia. Always consult a medical doctor
before modifying your diet, using any new product, drug, cosmetic, supplement, or doing new exercises.
Contact your physician before using these products if you are pregnant.
While we endeavor to
provide accurate and current information on our Website, there may be information on our Website that
contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing,
promotions, offers, product shipping charges, transit times, and availability. We reserve the right to
correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if
any information on the Website or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We have made every effort to display as accurately
as possible the appearance, colors, textures, or finishes of our products that appear on the Website. What
you see will depend on your monitor and computer equipment and we are unable to guarantee that the product
images are an accurate representation of the actual merchandise. Please refer to our Returns and Refund Policy if you are
unhappy with your purchase or contact us for more information on how we can best resolve your inquiry. You
may also contact Online Support, Submit a
Request or by calling us at 1-302-335-7108.
This Website may contain certain historical
information. Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this Website at any time, but we have no obligation to
update any information on our Website. You agree that it is your responsibility to monitor changes to our
Website.
Lunavia does not make any guarantee that you will accomplish your health and/or wellness
goals. Your results may vary depending upon a variety of factors unique to you, such as your age, health,
and genetics.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or
discontinue access to the Website (or any part or content thereof) without notice at any time. We shall
not be liable to you or to any third party for any modification, suspension, or discontinuance of access
to the Website. Certain products or services may be available exclusively online through the Website.
These products or services may have limited quantities and are subject to refund, return or exchange only
according to our Shipping Guide and Returns and Refund
Policies.
All descriptions of products or product pricing are subject to change at any time without
notice, at our sole discretion. Any offer for any product or service made on this Website is void where
prohibited.
7. PAYMENT
All charges are in U.S. Dollars.
By submitting payment
information to us, you represent and agree that: (i) you are fully authorized to use that card or account;
(ii) all payment information provided is complete and accurate; (iii) you will be responsible for any
payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our
third-party payment service providers may request, and we may receive, updated credit card information
from your credit card issuer, such as updated card numbers and expiration date information when your
credit card has expired. If such updated information is provided to us and our third-party payment service
providers, we will update your account information accordingly. Your credit card issuer may give you the
right to opt-out of providing vendors and third-party payment service providers with your updated credit
card information. If you wish to opt-out of your credit card’s updating service, you should contact your
credit card issuer.
We are not responsible for any fees or charges that your bank or credit card
issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill
you directly and seek payment by another method including a mailed statement.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form
of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny
shipment to anyone for any reason. Products are also subject to availability. As there is a delay
between the time when your order is place and the time when the order is accepted, the stock of that
particular item may change. In the event we deny your order or if any item becomes out of stock before we
accept the order, we will notify you as soon as possible and you will receive a refund to your original
form of payment. You understand and agree that we will not be liable for any losses or damages that may
result from our refusal to provide you any product or service. We reserve the right to require additional
information before processing any order.
9. SHIPPING
Lunavia ships to addresses located in the United States and
internationally. Please visit our detailed Shipping Guide for additional information regarding order
processing, order handling, shipping times, and commercial couriers used by lunavia.
Accurate
shipping address and phone number are required. We are not responsible for late shipments/missing
shipments if you enter incorrect shipping address information. If you discover that you have made a
mistake with your order after it has been submitted or wish to cancel your order after you placed it and
before it has been shipped, please contact Online Support, Submit a Request, or by telephone at
1-302-335-7108 immediately. You must contact us as soon as possible in order to attempt to modify or
cancel your pending order. However, we cannot guarantee that we will be able to amend your order in
accordance with your instructions.
10. DELIVERY CONFIRMATION
Because many instances may occur at your delivery
address that are beyond our control, you agree that any delivery confirmation provided by the carrier is
deemed sufficient proof of delivery to the cardholder, even without a signature.
11. MONEY BACK
GUARANTEE
11.1. Lunavia offers a Money-Back Guarantee within ninety (90) days from the
date that you placed your order for a full refund according to the terms found in our Refunds and Return
Policy. Please contact Online Support, Submit a Request, or by
telephone at 1-302-335-7108 to request a refund under our Money-Back Guarantee.
11.2.
Lunavia will refund the entire purchase price for all approved refunds. Refunds will be issued to the same
credit card or method of payment that was used to order the product.
12. STANDARD RETURN AND REFUND POLICY
Lunavia wants you to be beyond satisfied with your experience with us so we have made returning or
exchanging products easy. If you are dissatisfied with our product, or if it arrives damaged, please
refer to our detailed Returns and
Refund policy.
After the shipping department receives your return, it generally
takes 7-10 business days to process your refund. Once a return is processed, it may take up to 30 days
for the return to be posted to your account, depending on your financial institution.
If you
have purchased a Lifetime Warranty, please refer to our detailed Lifetime Warranty
Policy for more information.
13. SOCIAL MEDIA
This section applies to everyone who interacts with our social
media presence, including comment sections, feeds, and other elements of social media presence viewable on
Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available
external third-party social media platforms we may use (“Social Media Presence”).
The sites and
platforms that host our Social Media Presence are not controlled by us and therefore have their own
privacy policies and terms of use. The comments and opinions expressed by users on social media are
theirs alone and do not reflect the opinions of lunavia, and we have no obligation to monitor or remove
user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you
should report it to the operator of the applicable site or platform using the procedures they have
established for that purpose.
14. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL
PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL,
REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY,
ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND
EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT
MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT
OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL
LUNAVIA OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES,
FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR
OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER LUNAVIA HAS
HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION,
ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE
SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER
DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF
LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR
OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, LUNAVIA IS FOUND LIABLE UNDER
ANY THEORY, LUNAVIA’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION
OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER LUNAVIA WAS AWARE OF OR ADVISED IN ADVANCE
OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION
WAIVER
PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR
CLAIM BETWEEN YOU AND LUNAVIA ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING
FROM OR RELATING TO THIS ARBITRATION PROVISION, LUNAVIA’S PRIVACY POLICY OR TERMS OF SALE, LUNAVIA’S
ADVERTISING OR MARKETING PRACTICES, OR LUNAVIA’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING,
FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY
THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF
THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING
WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE
STATE OF DELAWARE TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES
AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY,
STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC
INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE
ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND LUNAVIA AND MAY NOT CONSOLIDATE CLAIMS OR
PROCEEDINGS WITHOUT LUNAVIA’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR
REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS
AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM
OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE
ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT LUNAVIA HAS THE RIGHT
TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF DELAWARE FOR INJUNCTIVE RELIEF, EQUITABLE
RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF LUNAVIA’S
INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL
JURISDICTION IN SUCH FORUM.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A
COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT
THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A
CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR
IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER
PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN
ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT
OR SERVICE THROUGH LUNAVIA’S WEBSITE BY SENDING A LETTER TO: LUNAVIA, ATTN. LEGAL DEPARTMENT, 300 DELAWARE
AVENUE, SUITE 210, WILMINGTON, DELAWARE 19801, STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR
INTENT TO OPT OUT OF ARBITRATION.
17. INDEMNIFICATION
To the fullest extent permitted by law, you
agree to indemnify, defend, and hold harmless lunavia, its parent, subsidiaries, predecessors, successors
and affiliates, and their respective partners, officers, directors, agents, representatives, contractors,
licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and
all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but
not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with
or related to (1) your breach of these Terms, the documents they incorporate by reference, or the
Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation
of any law or the rights of a third-party.
18. THIRD-PARTY WEBSITES AND LINKS
Our Website may include
materials from third-parties or links to third-party websites. We are not liable for any third-party
materials or websites. Please review carefully the third-party’s policies and practices and make sure you
understand them before you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the applicable third-party.
19.TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Anything that you submit or post
to the Website and/or provide us, including without limitation, photographs, testimonials, ideas,
know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively,
“Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right
to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative
works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer,
disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have
sufficient rights to share the Submissions with us. Submissions represent the unique experience of the
submitting customers, and do not necessarily reflect the experience that you may have using our products.
As noted in Section 5 above, your results will vary depending upon a variety of factors unique to you,
such as your age, health, and genetics.
Lunavia reserves the right to correct grammatical and
typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior
to publication or use. lunavia shall be under no obligation to use any, or any part of, any testimonial
or product review submitted.
20. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
a. DMCA Notice
This Website maintains specific contact information provided below,
including an email address, for notifications of claimed infringement regarding materials posted to this
Website. All notices should be addressed to the following contact person:
Notification of Claimed
Infringement:
Lunavia
Attn: DMCA/Copyright Agent
300 Delaware Avenue, Suite 210, Wilmington, Delaware
19801
Tel: 1-302-335-7108
Online Support: Submit a Request
You may contact our agent for notice of claimed infringement specified above with complaints regarding
allegedly infringing posted material and we will investigate those complaints. If the posted material is
believed in good faith by us to violate any applicable law, we will remove or disable access to any such
material, and we will notify the posting party that the material has been blocked or removed.
In
notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you
include the following information: (i) description of the copyrighted work that is the subject of claimed
infringement; (ii) description of the infringing material and information sufficient to permit us to
locate the alleged material; (iii) contact information for you, including your address, telephone number
and/or email address; (iv) a statement by you that you have a good faith belief that the material in the
manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any
law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is
accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
(vi) a physical or electronic signature of the copyright owner or a person authorized to act on the
copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay
of the processing of your complaint.
b. Intellectual
Property Rights, License
The audio and video materials, images, photographs, articles,
opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs,
interfaces, digital downloads, software, data compilations and other content associated with the Website
(the “Content”) are owned or licensed by and to lunavia or other authorized third parties and are
protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in
other countries. You must comply with all such laws and applicable copyright, trademark or other legal
notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices
marked on the Content. As between you and lunavia, we will retain all right, title, and interest in and to
the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a
result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly
granted to you in writing by lunavia, no rights are granted to you. You agree to abide by any and all
additional copyright notices, information or restrictions contained in any part of the Website. The
compilation of the Content on the Website is the exclusive property of lunavia.
You are only
permitted to access and view the Content for personal, non-commercial purposes in accordance with these
Terms of Sale, and may not build a business or other enterprise utilizing any of the Content, whether for
profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in
writing, you may not (either directly or through the use of any software, device, internet site, web-based
service or other means) download, stream capture, store in a database, archive or otherwise copy any part
of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate,
distribute, display or perform any part of the Website or Content; license or sublicense any part of the
Website or Content; or in any way exploit any part of the Website or Content. In addition, except as
provided in this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly
prohibited from modifying Content; creating, distributing or advertising an index of any significant
portion of the Content; or otherwise creating derivative works or materials that otherwise are derived
from or based in any way on the Content, including mash-ups and similar videos, montages, translations,
desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating
derivative works is applicable even if you intend to give away the derivative material free of
charge.
c. Copyright
The copyright in all
materials provided on the Website is owned by lunavia or its affiliate(s). Except as stated herein, none
of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise, without the prior written consent of lunavia. Permission
is hereby granted to view, copy, print and download the materials on the Website for personal,
noncommercial use only, provided such materials are used solely for informational purposes, and all
copies, or portions thereof, include this copyright notice. lunavia may revoke any of the foregoing rights
at any time. You may not, without lunavia’s prior written consent, "mirror" any material contained on the
Website on any other server. Upon termination of any rights extended hereunder, you must immediately
destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any
material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
d. Trademarks
The trademarks, service marks and logos
("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of lunavia.
Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license
or right to use any Trademark displayed on the Website without the prior written consent of the Trademark
owner. The name of lunavia or any Trademark may not be used in any way including in any advertising or
publicity pertaining to distribution of materials on the Website without the prior written consent of
lunavia. lunavia prohibits the use of any lunavia logo and Trademark as a "hot" link to any web site
unless establishment of such link is approved in advance by lunavia in writing.
21. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically
with you and that such communications, as well as notices, disclosures, agreements, and other
communications that we provide to you electronically, are equivalent to communications in writing and
shall have the same force and effect as if they were in writing and signed by the party sending the
communication.
22. ASSIGNMENT
You may not assign any of your rights under these Terms, and any
such attempt will be null and void. lunavia and its affiliates may, in their individual discretion,
transfer, without further consent or notification, all contractual rights and obligations pursuant to
these Terms if some or all of lunavia’s business is transferred to another entity by way of merger, sale
of its assets or otherwise.
23. NO WAIVER
No waiver by lunavia of any term or condition set forth 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 by lunavia to assert a right or provision under these Terms shall not
constitute a waiver of such right or provision.
24. SEVERABILITY
In the event that any provision of these Terms is determined to
be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.
Such determination shall not affect the validity and enforceability of any other remaining
provisions.
25. TERMINATION
In the event that we terminate this Agreement,
Sections 2-5, 12-28, as well as any representations, warranties, and other obligations made or taken by
you, shall survive the termination of this Agreement.
26. ENTIRE
AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us
on the Website or in respect to the Website constitute the entire agreement and understanding between you
and lunavia, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the
interpretation of these Terms or the Agreement shall not be construed against the drafting party.
27. QUESTIONS OR ADDITIONAL INFORMATION
If you purchased a
product or service through the Website, please contact Customer Support by phone at 1-302-335-7108
or Submit a Request.
United States Offices
Do not send product returns to this address. Contact our support team for our product return address.
lunavia
300 Delaware Avenue, Suite 210
Wilmington, DE
19801
Online Support: Submit a Request