Terms & Conditions
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Welcome to the Luna Volta Website | 0
This website, and related information, tools, interactive features, products, services, applications ordownloads (collectively, the “Site”), is operated by Luna Volta, Inc. Throughout the Site, the terms "Luna Volta," “we,” “us” and “our” refer to Luna Volta, Inc. Luna Volta offers this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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 Site following the posting of any changes constitutes acceptance of those changes.
Additional Terms And Conditions may apply to the order, collection, or processing of a service or product. By using this website, you agree to such Terms and Conditions.
Acceptance of the Terms of Service| 1
You agree not to reproduce, publish or distribute data or content in connection with the website thatinfringes any Third Party’s Trademark, Copyright, Patent, Trade Secret, Publicity, Privacy or other Personal or Proprietary Right.
You agree not to copy or distribute in any medium any part of the website without prior written authorization. You agree not to alter or modify, or attempt to alter or modify, any part of the website, including any of Luna Volta’s related technologies, or create derivative works or other products orservices based upon the website.
You agree not to use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. You agree not to take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure. You agree not to interfere or attempt to interfere with the proper working of the website or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the website. You agree not to bypass, circumvent, disable or otherwise interfere any measures we may use to prevent or restrict access to the website. Any unauthorized use of our Computer Systems is a violation of these Terms.
You acknowledge that your activities using the website may be tracked and are subject to audit.
You agree not to use the website in any way for unlawful purposes or that constitutes or encourages any unlawful activities or to take any action that would render the operation or use of the website by Luna Volta or any other user unlawful.
General Conditions | 2
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Any claim arising out of or relating to the use of this website Is governed by the laws of the State/Commonwealth of California without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the State and Federal Courts located in California. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of, or related to, the Terms will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees.Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any Cause Of Action or Claim you may have directly or indirectly arising out of or related to the Terms or the Site must be commenced within one (1) year after the Cause of Action or Claim arises. A printed version of these Terms will be admissible in Judicial and Administrative Proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable Domestic and International Laws, Statutes, Ordinances And Regulations regarding your use of the website.
We do not guarantee continuous, uninterrupted or secure access to our website, and operation of the website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated Agreements may be assigned by Luna Volta in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Whenever used in these Terms of Service,unless otherwise specified the Terms “Includes”, “Including,” “E.G.,” “For Example,” “Such As,” “For Instance” and other similar terms are deemed to include the term “Without Limitation” immediatelythereafter.
In resolving any dispute or construing any provision hereunder, there will be no presumptions made or inferences drawn because one of the parties (or its representatives) drafted these Terms of Service; and each party hereby waives application of, or any rights under, any law that would require the interpretation of any ambiguities in these Terms of Service against the party that drafted it. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
These Terms are the entire Agreement between you and Luna Volta with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (E.G., Indemnity, General, Limitations On Liability, Disclaimers, Representations And Warranties, Etc.) shall survive the expiration or termination of these Terms. Nothing in these Terms of Service shall be deemed to confer any Third-Party rights or benefits.
Accuracy, Completeness and Timeliness of Information | 3
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site 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 site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Not Medical Advice | 4
Information provided on the website about products, conditions, diagnoses, treatments, or any other information is not medical advice. This website contains general information about diet, health And nutrition. The information is not advice and should not be treated as such. The website does not provide medical or diagnostic services or prescribe medication. Products or any other information are not a diagnosis, treatment, or protocol for any disease or condition.
FDA Disclosure | 5
The statements made regarding these products have not been evaluated by the Food And Drug Administration. The efficacy of these products has not been confirmed by FDA-Approved research. These products are not intended to diagnose, treat, cure, or prevent disease. All information presented here is not meant as a substitute for or alternative to information from a licensed health care practitioner. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, And Cosmetic Act requires this notice.
Not a Substitute for Professional Judgment | 6
Use of the website is not a substitute for the professional judgment of health care professionals in diagnosing and treating patients. You acknowledge your sole responsibility for obtaining medical advice from a licensed health care professional.
For health care professionals, you acknowledge your sole responsibility for medical decisions or actions with respect to the medical care, treatment, and well-being of your patients, including, without limitation, all your acts or omissions in treating the applicable patient. Any use or reliance by you upon the website shall not diminish that responsibility.
You acknowledge and agree that product results are through no fault of Luna Volta. You assume all risks associated with your use of the website.
Products and Services | 7
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Modifications to the Service and Prices | 8
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (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, price change, suspension or discontinuance of the Service.
Copyright, Trademark, and Ownership | 9
All of the content displayed on the website, including without limitation Trademarks, Service Marks, Text, Site Design, Logos, Button Icons, Banners, Java Codes, Multimedia Clips, Graphics, Icons, HTML,Codes, Software, Images, Graphics, Photographs, Moving Images, Sound and Illustrations (“Content”), aswell as assembly and arrangement thereof, is owned by Luna Volta, its licensors, agents or its contentproviders. All elements of the website, including, without limitation, the website’s general design, LunaVolta Trademarks, Service Marks, Trade Names (including Luna Volta name, logos, the website name, and the website design), and other content, are protected by Trade Dress, Copyright, Moral Rights,
Trademark and other Laws relating to Intellectual Property Rights. The website may only be used for the intended purpose for which it is being made available.
Except as may be otherwise indicated on the website, you are authorized to view, print and download documents, audio and video found on our website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, ormodify the content or Luna Volta’s Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without Luna Volta’s prior written consent.
The use of Luna Volta’s Trademarks on any other website is not allowed. Luna Volta prohibits the use ofLuna Volta’s Trademarks as a “hot” link on or to any other website unless establishment of such a link isapproved in advance. The website, its content and all related rights shall remain the exclusive property of Luna Volta or its licensors unless otherwise expressly agreed. You will not remove any Copyright, Trademark or other Proprietary Notices from material found on the website.
Third-Party Links | 10
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party 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 third-party.
Running or displaying this website or any information or material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited.
Disclaimer of Warranties; Limitation of Liability | 11
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Luna Volta, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
The information presented on the website does not guarantee any insurance, incentive, or other benefits will be paid.
No advice or information, whether oral or written, obtained from Luna Volta or Luna Volta’s website,products and services will create any warranty not expressly made herein.
Luna Volta does not assume any responsibility for and will not be liable, for any damage to or any virus that may infect your computer, equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of or accessing any materials from the website.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In the event of any problem with the website, you agree that your sole remedy is to cease using the website.
Optional Tools | 12
We may provide you with access to third-party tools over which we neither monitor nor have anycontrol nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Force Majeure | 13
Luna Volta is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, Acts of God, war, revolution, civil commotion or acts of civil or military
authorities or public enemies: any Law, Order, Regulation, Ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Indemnification | 14
You agree to indemnify, defend and hold harmless Luna Volta and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers,interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, madeby any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Release | 15
In the event that you have a dispute with another user or other party related to the website, you release Luna Volta (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
User Comments, Feedback and other Submissions | 16
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene orotherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Online Store Terms | 17
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, or that you are the age of majority in your state and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Payments | 18
Accuracy of Billing and Account Information | 19
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Personal Information | 20
You affirm, represent and warrant the following: (1) you are old enough in your location to enter into a binding contract with Luna Volta and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (2) if necessary you have obtained all authorizations and consents of each and every individual who is the subject matter of Products and Services offered or whose name or likeness is used in the manner contemplated by the website and these Terms; (3) you have read, understood, agree with, and will abide by the Terms and Conditions of this Agreement; (4) Luna Volta or your use of any information you have submitted, or use of any information provided through Luna Volta Services or Products will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, Privacy Rights and Rights of Publicity and will not constitute, in whole or in part, any other act or omission that could give rise to civil and/or criminal liability.
Prohibited Uses | 22
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Privacy | 23
Severability | 24
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Errors, Inaccuracies and Omissions | 25
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Ability to Accept Terms of Service | 26
You represent and warrant that: (a) you have full power and authority to enter into and perform this Agreement; (b) the execution and delivery of this Agreement has been duly authorized by you; and (c) these Terms of Service are valid and binding obligations of you, enforceable against you in accordance with its terms.
Entire Agreement | 27
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Changes to Terms of Service | 28
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Termination | 29
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Governing Law | 30
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State/Commonwealth of California.
Contact Information | 31
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.