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Terms of Service

 

Terms of Use

 

Welcome to Lunarly.com (the “Site”).  Lunarly is a subscription box program owned and operated by Bulu, Inc. (“Lunarly”, “we”, “us” or “our”).  These Terms of Use (“Terms”) set forth the rules that govern your access to and use of the Site, including any products and services offered on or through the Site.  

 

Please read these Terms carefully, as they constitute a legally binding agreement between you and Lunarly.  By accessing or using the Site, you confirm your agreement to be bound by these Terms.  Do not use this Site if you do not fully agree with the Terms.

 

Privacy

 

You have read and agree to our Privacy Policy.  By using the Site, you agree that we can collect and use your personal information as outlined therein.

 

Intellectual Property Rights

 

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, graphics, logos, images, videos and audio clips, and the design, selection and arrangement thereof) are owned by Lunarly, its licensors, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

License and Site Access

 

Subject to your compliance with these Terms, Lunarly grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and use the Site for your personal, non-commercial use only.  You may not copy, modify, duplicate, create derivative works from, distribute, sell, lease, transmit, frame, mirror, republish or download all or any aspect of the Site, nor may you decompile, disassemble or reverse engineer all or any aspect of the Site, without our prior express written consent.  You are granted a limited, non-exclusive, revocable right to create a hyperlink to any web page of Lunarly.com so long as the link does not portray Lunarly or its products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any Lunarly logo or other proprietary graphic or trademark as part of the link without express written permission.

 

User Conduct

 

You agree to comply with all applicable laws when accessing or using the Site, and you may only access or use the Site for lawful and customary purposes.  You agree that you will not transmit any information that contains a virus or bug or otherwise compromise the security of the Site. 

 

Your Account

 

In order to access most of the products and services offered on or through the Site, you will need to register for and maintain an active account with a unique login identification and password (“Account”).  You agree to provide truthful, accurate, current and complete information when creating your Account and to maintain and promptly update such information upon any changes.  You are responsible for maintaining the confidentiality of your password, and you agree to accept responsibility for all activities that occur under your Account.  Lunarly reserves the right to refuse service, terminate Accounts or cancel orders in their sole discretion.

 

Risk of Loss

 

All items purchased from Lunarly are made pursuant to a shipment contract.  By ordering from us, you agree that the risk of loss and title for any purchased items passes to you upon our delivery to the shipping carrier.  We are not responsible or liable for any damage arising from shipment. 

 

Returns, Refunds and Title

 

Lunarly retains the sole and exclusive discretion as to whether a purchased item may be returned or exchanged, or whether an order may be cancelled.  We encourage you to take caution when placing an order.  Lunarly does not take title to returned items until the item arrives at our fulfillment center.  At our discretion, a refund may be issued without requiring a return.

 

Product Descriptions

 

Lunarly attempts to be as accurate as possible. However, Lunarly does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free. 

 

Pricing

 

Except where noted otherwise, the List Price displayed for products on our Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.  The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.  For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

 

 

Who May Use This Site

 

This Site is not intended or designed to attract users under the age of 18. We do not intentionally collect information from any person we know to be under the age of 18. If you are under 18, we ask that you not send us any information. This website is intended for users from the United States of America and those not governed by privacy policies of other countries. Website users from other countries are advised not to disclose information to Lunarly. Information sent to us will be housed on servers in the United States. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

 

Disclaimer of Warranties and Limitation of Liability

 

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LUNARLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LUNARLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LUNARLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUNARLY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM LUNARLY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUNARLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

 

YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LUNARLY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, CAUSES OF ACTION, DEMANDS OR EXPENSES, INCLUDING ATTORNEY’S FEES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO: (i) YOUR ACCESS TO OR USE OF THE SITE; (ii) THE GOODS SOLD AND/OR PURCHASED THROUGH YOUR USE OF THE SERVICES; (iii) YOUR BREACH OF THESE TERMS.

 

Electronic Communications

 

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

By subscribing to Lunarly or submitting your email address to Lunarly you agree to receive emails from us.  We will use the email address for the sole purpose of sending you announcements and offers from Lunarly and other partners along with Site and Account updates.  Each email we send will contain information on how to opt-out of our mailing list.  You can also opt-out by notifying us athello@Lunarly.com.

 

Governing Law

 

These Terms shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to its conflict of law principles.  You agree to submit to the personal jurisdiction of the State of Delaware and agree that it shall serve as the exclusive venue for any disputes with respect to these Terms.  You further agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

Modification

 

We reserve the right to make changes to these Terms at any time and in our sole discretion.  All changes are effective immediately when we post them.  Your continued access or use of the Site following such posting confirms your agreement to be bound by these Terms, as amended.  Please review these Terms frequently.   

 

Waiver and Severability

 

Lunarly’s delay or failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms shall be held illegal, void or unenforceable, such provision shall be struck and the remainder of the provisions shall continue in full force and effect.

 

Entire Agreement

 

These Terms contain the entire agreement between you and Lunarly, superseding all prior agreements between the parties with respect to the Site.

 

Contact Information

 

Please contact us with any questions regarding these Terms. 

 

You can contact us by mail at:

 

Bulu, Inc.

151 N. 8th Street, Suite 210

Lincoln, NE 68508

 

By email: hello@Lunarly.com

By Phone: 1-855-221-1019

 

Effective: July 11, 2018

 

 

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