TERMS AND CONDITIONS

 

LUNEER LLC

 

 

BY USING LUNEERCOLLECTIVE.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.

 

OVERVIEW

 

By using www.luneercollective.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we,” “us,” and “our” refer to LUNEER LLC (the “Company”), owner of www.luneercollective.com.  Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

 

By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.

 

SITE USE

 

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

 

In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.

 

You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

 

PURCHASE AND REFUND POLICY

 

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products as stated by the Company unless a separate Terms of Purchase Agreement is provided at purchase. No refunds will be given for any products purchased online.

 

LUNEER LLC INTELLECTUAL PROPERTY

 

The Site contains intellectual property owned by the Company, including, without limitation to, trademarks, copyrights, and other intellectual property as well as the Luneer LLC website www.luneercollective.com, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.  You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site if you are caught violating this intellectual property policy.

 

LIMITATION OF LIABILITY

 

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE. ADDITIONALLY, LUNEER LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF , ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF LUNEER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LUNEER LLC CUMULATIVE LIABILITY TO YOU EXCEED $100.

 

THIRD PARTY RESOURCES

 

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that the Company is not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

INDEMNIFICATION

 

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

RELEASE OF CLAIMS

 

In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content.  You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

 

ONLINE COMMERCE

 

Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

 

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

 

We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

 

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

 

GOVERNING LAW; VENUE; ARBITRATION

 

These Terms shall be construed in accordance with, and governed by, the laws of the State of FLORIDA. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Jacksonville, Florida or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

 

SEVERABILITY

 

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

ASSIGNMENT

 

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.

 

ENTIRE AGREEMENT; WAIVER; HEADINGS

 

This Agreement constitutes the entire agreement between you and Luneer LLC pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Luneer LLC. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

If you have any questions or concerns regarding these Terms and Conditions, please email: sryan@luneercollective.com

 

Updated: March 26, 2020

 

 

DISCLAIMERS

 

Luneer LLC

 

By using www.luneercollective.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Disclaimers. The terms “we,” “us,” and “our” refer to Luneer LLC (the “Company”), owner of www.luneercollective.com (“the Website).  Accessing this Site constitutes a use of the Site and an acceptance to the Disclaimers provided herein.

 

The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.

 

By participating in and/or reading this Website and/or other Content, including but not limited to blog, email communications, videos, webinars, and/or teleseminars, you acknowledge that the Company cannot guarantee the outcome of any actions and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.

 

By participating in/reading Company’s Content, you acknowledge the Company and its representatives are not medical professionals, licensed psychologists, attorneys, or financial advisers, and the information provided here do not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice.

 

You acknowledge that the Company has not and does not make any representations as to a future result of any kind that may be derived as an outcome of use of the Company’s Website, programs, products or services. Examples shown through Company’s website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Company’s Website.

 

If you have any questions or concerns regarding these Disclaimers, please email: sryan@luneercollective.com.

 

Updated: October 28, 2019

 

 

TERMS OF PURCHASE

 

LUNEER LLC

 

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services as part of the Luneer Collective Membership Site (“Membership”) owned by Luneer LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:

  1. TERMS OF MEMBERSHIP / PURCHASE OF OTHER PRODUCTS.
  1. Upon purchase and execution of this Agreement, Client will be provided with the following content and/or services as detailed on www.luneercollective.com (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:

 

    1. Online Community Group
    1. Webinars
    1. Monthly Content Online
  1. The scope of services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on luneercollective.com website as part of the Membership.
  2. Additional products may be offered, including a Peer Coaching Program and Events on luneercollective.com website, which shall be sold separately from the Membership product and are not provided for on luneercollective.com website as part of the Membership Agreement.

 

  1. PAYMENT, CANCELLATIONS AND REFUNDS
  1. Upon execution of this Agreement, Client agrees to pay to the Company the purchase amount as stated on the Website.

 

  1. Company will email Client to confirm the placement of Client order and with details concerning product delivery and ongoing payments. In the event there is an error in this email confirmation, it is your responsibility to inform the Company as soon as possible.

 

  1. If Client is paying on a monthly subscription: with initial payment of $39.99USD, Client commits to a one (1) month term to the Membership with access to the Service for 30 days, at the end of the initial term or at any time thereafter, Client will be billed on a monthly basis.
  2. If Client is paying for a different product, such as a peer coaching group or an event subscription, Client commits to a one (1) time payment for the Product.

 

  1. After the initial one (1) month term, Client will automatically be moved into the Membership at a rate of $39.99USD per month. Client will then be charged payment according to their selected payment plan: every thirty (30) days or every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase.

 

  1. If client is paying for an annual subscription to the Membership with access to the Service for 365 days: Client is charged a payment of $400, which is automatically renewed every twelve months, at which time the payment will be automatically debited via the account information included upon purchase.

 

  1. Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Client on the dates and for the amounts specified upon purchase and as included in this Agreement.

 

  1. In the event Client fails to make any of the payments as outlined above, Company has the right to immediately disallow services and benefits of the Membership until payment is paid in full.

 

  1. We offer a 30-day money back guarantee should you be unhappy with the Service in your first month of membership. To request a refund please email sryan@luneercollective.com. You may also cancel your monthly subscription at any time via your account page, but due to the nature of the Service no refunds will be made for any membership fees already paid, excluding the 30 day money back guarantee as stated above. Once Client cancels, you will no longer have access to the Service including all content and community resources, once your current membership period is complete. The 30-day refund period only applies to Client’s first subscription and cannot be used more than once. No partial refunds are given should Client terminate an annual subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term. It is entirely Client’s responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
  2. We offer a partial refund for peer coaching groups, should the Client cancel registration in the program 7 (seven) days or more before the program start date. We reserve the right to withhold a $50 registration fee in this case.

 

  1. The Services are offered subject to Company’s acceptance of purchase order or requests. Company reserves the right to refuse service to any order, person or entity without the obligation to provide a reason for doing so. No order is deemed accepted by the Company until the payment is processed.

 

  1. DISCLAIMER. By participating in the Membership, Client acknowledges that the Company makes no guarantees as to the outcome of any Services, forums, teachings, or webinars accessed through this Membership. By participating in this Membership, the Client acknowledges that the Company does not warrant that any information (the “Content”) regardless of its source provided is accurate, complete, reliable, current, or error free, and the Company is not liable for any losses the Client may suffer by relying on modules, content, guest speakers, videos, services, or products.

 

By participating in the Membership, Client acknowledges that the Company nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling or any other type of therapy or advice.

 

Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or Services.

 

The Company may provide the Client with information relating to products that the Company believes might benefit the Client. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide client with third party recommendations for such services as photography, marketing, technology, or other related services. The Company may be involved in affiliate relationships with certain third-parties for such recommendations and will inform Client when this is the case. Client agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Client.

  1. RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group calls and/or trainings may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company without compensation to Client. The Company will not redistribute or resell peer group coaching calls.

 

  1. INTELLECTUAL PROPERTY RIGHTS. In respect of the Material specifically created for the Client as part of this Membership, including webinars, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement.

Client may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, or Service Content or intellectual property, in whole or in part without our prior written consent.  Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action. This includes but is not limited to sharing material with others, posting excerpts of materials on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s content or information with a non-member. The Company reserves the right to immediately remove you from the Service / luneercollective.com, without refund, if you are caught violating this intellectual property clause.

  1. DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

 

  1. LIMITATION OF LIABILITY. By using the Company’s Services and purchasing this Membership, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. Client agrees that use of this Membership is at user’s own risk.

 

  1. JURISDICTION AND DISPUTE RESOLUTION. These Terms shall be construed in accordance with, and governed by, the laws of the State of Florida. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Jacksonville, Florida or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees for the prevailing party or parties) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

 

  1. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to sryan@luneercollective.com.

 

  1. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

 

 

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