PRIVACY POLICY & TERMS OF USE

GENERAL

Lunada Biomedical (hereinafter referred to as “Lunada Biomedical”, “we” or “us” in this Privacy Policy) respects the privacy of your personally identifiable information. This Privacy Policy provides information about what personally identifiable information Lunada Biomedical collects and how we use that information. This Privacy Policy also provides instructions on what to do if you do not want your personally identifiable information collected or shared when you visit our websites, contact our company or respond to our advertisements and promotions. IF YOU DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY AS PRESENTED HERE, PLEASE DO NOT USE THE WEBSITE OR SUBMIT ANY INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION, TO LUNADA BIOMEDICAL.

WHAT INFORMATION WILL LUNADA BIOMEDICAL COLLECT?

Lunada Biomedical will not collect any personally identifiable information from you (such as your name, address, telephone number or email address) unless you provide it to us voluntarily, for example, when you purchase one of our products, participate in a survey or enter one of our promotional contests. In some cases, we may collect information online about you that is non-personally identifiable. Examples of this type of information include the type of internet browser you are using, the type of computer operating system you are using and the domain name of the web site from which you linked to our website, promotion or advertisement.

HOW WILL LUNADA BIOMEDICAL USE AND DISCLOSE THE PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT?

We recognize that by providing us with personally identifiable information, you are demonstrating your trust in Lunada Biomedical and our brands and we take that trust very seriously. We collect and use this information to better understand your needs and the ways in which we can improve our products, services and websites, to send product information and special promotional offers from Lunada Biomedical that we think may be of interest to you, and we may share your information with other companies or organizations not associated with Lunada Biomedical for marketing purposes. To that end, we may contact you and we may disclose personally identifiable information to related entities and marketing partners in support of joint marketing and promotional activities, to third party agents responsible for administering such marketing and promotional activities on our behalf and to other companies and organizations for their own marketing purposes. We expect the organizations with which we share personally identifiable information for these purposes to have policies regarding personally identifiable information consistent with our Privacy Policy or to abide by our policies respecting personally identifiable information disclosed to them. We reserve the right at all times to disclose any information where required or permitted by law, including protecting the interests of Lunada Biomedical.

We want to communicate with you via email correspondence only if you want to hear from us. If for any reason you would no longer like to receive email messages from Lunada Biomedical, you can unsubscribe by clicking the link provided in the email message or email us at WeCare@lunadabiomed.com to remove yourself. Please allow up to 10 days for us to process your request.

Please note, if you opt not to receive marketing emails from Lunada Biomedical, you may still receive “Transactional” email messages regarding your order (i.e. order confirmation, shipping information, customer service notifications, etc.).

We may contract with companies or individuals to provide certain services including email and hosting services, credit card processing, shipping, data management, surveys and marketing, promotional services, to assist in preventing or deterring fraud, etc. We may share personally identifiable information with them solely as appropriate for them to perform their functions, but they may not use such information for any other purpose.

YOUR CONSENT

By providing us with your personally identifiable information, you are consenting to the terms of this Privacy Policy and to our collection, use and disclosure of your personally identifiable information as described in our Privacy Policy. Consent may be given by your authorized representative. Lunada Biomedical may make changes to this Privacy Policy from time to time, all of which will be posted on this page so that you are aware of the information collected and its intended use and disclosure. It is recommended that you review the Privacy Policy often and before you provide personally identifiable information as your continued use of our website following the posting of any changes to this Privacy Policy shall constitute your acceptance of those changes.

YOUR ACCOUNT

If you use this site and create an account, you are responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account with the use of your password.

HOW WILL LUNADA BIOMEDICAL PROTECT MY PERSONALLY IDENTIFIABLE INFORMATION IT COLLECTS?

Lunada Biomedical takes its responsibility very seriously to protect your personally identifiable information. We have implemented physical, electronic and managerial procedures designed to protect the integrity, security and appropriate use of the personally identifiable information. It is Lunada Biomedical’s policy not to retain personally identifiable information longer than required for its intended purpose. Given that unencrypted electronically transmitted data is not 100% secure, we make no warranties as to the security of any information that you submit electronically, the submission of which is done at your own risk. Lunada Biomedical is not responsible for the data collection and use practices of companies or organizations to which our websites may provide links.

WHAT IF I DO NOT WANT MY PERSONALLY IDENTIFIABLE INFORMATION COLLECTED, DISCLOSED OR USED?

If you do not want your personally identifiable information collected, please either: (i) follow the procedures, where available, indicated at the point of collection to “opt out” so that your personally identifiable information is not collected; or (ii) where an “opt out” is not offered, do not submit personally identifiable information to us. If you have submitted personally identifiable information and wish to withdraw your consent to its retention, use or disclosure, please contact us atWeCare@lunadabiomed.com. You may withdraw your consent, subject to legal or contractual restrictions and reasonable notice.

TO STOP RECEIVING MOBILE ALERTS & PROMOTIONAL TEXT MESSAGES from Lunada Biomedical, simply text “STOP” in response to any text message you receive from Lunada Biomedical, send an email to WeCare@lunadabiomed.com or call us at (800) 222-3304. Your number will be removed from our subscription list.

HOW DO I ACCESS OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?

If you would like to access or correct your personally identifiable information, please write to: Lunada Biomedical, Attn: Customer Service Department, 6733 S. Sepulveda Blvd. Suite 115, Los Angeles, CA 90045. Some information may not be accessed in certain circumstances, for example, if it contains personally identifiable information of other persons or for legal reasons.

“COOKIES” – WHAT INFORMATION MAY BE AUTOMATICALLY STORED ON YOUR COMPUTER?

When you view one of our websites, promotions or online advertisements, we may store some information on your computer in the form of “cookies” or similar files. This information stored on your computer’s hard drive does not contain any personally identifiable information, but enables us to communicate more meaningfully with you. These cookies also enable you to use our websites more efficiently by storing your log-in information. With most internet browsers, you can erase cookies from your hard drive, block cookies or receive a warning before a cookie is stored on your computer. Please refer to your browser’s help screen or browser instructions to learn more about these functions.

WHAT ABOUT CHILDREN?

Lunada Biomedical has no intention of collecting personally identifiable information from individuals under thirteen (13) years of age. Where appropriate, we will specifically instruct children NOT to provide such information to us. If a child has provided us with personally identifiable information, we ask that a parent or guardian of the child contact us at WeCare@lunadabiomed.com or (800) 222-3304 to request that this information be deleted immediately from our records. We will use reasonable efforts to delete the child’s information from our existing files. This Privacy Policy applies to the United States and is governed by the laws of United States applicable therein. You may contact us at WeCare@lunadabiomed.com or write to Chief Privacy Officer, Lunada Biomedical, P.O. Box 45008, Los Angeles, CA 90045 with any questions or concerns or for more information concerning our privacy policies and procedures.

WEBSITE TERMS OF USE

This website (the “Site”) is owned and operated by Lunada Biomedical. Access to and use of the Site is subject to the terms and conditions of these Terms of Use, all notices of copyright contained on the Site and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE FOLLOWING TERMS OF USE, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AS PRESENTED HERE, PLEASE DO NOT USE THE SITE. Lunada Biomedical reserves the right to change these Terms of Use from time to time by updating this posting. Your continued use of the Site following the posting of any changes to these Terms of Use shall constitute your acceptance of those changes.

The materials used and displayed on the Site, including, but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks and service marks, except where noted, are the property of Lunada Biomedical and are protected by copyright, trademark and other laws. The compilation of all content on this site is the exclusive property of Company and is protected by United States and international copyright laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to reproduce, modify, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the express written permission of Lunada Biomedical.

When you visit the Site, purchase product from the Site, or send e-mails to us, you are communicating with us electronically, and in turn you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Lunada Biomedical will use reasonable efforts to include accurate and up-to-date information on this Site, but makes no warranties or representations as to its accuracy.

The Site is provided on an “as is” basis without warranties of any kind, whether express or implied, including, but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by, and incapable of exclusion, restriction or modification under the laws applicable to this agreement. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Neither Lunada Biomedical nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, punitive or similar damages arising out of your access or use of, or your inability to access or use, the Site.

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.

Communications or materials transmitted to the Site via the Internet are subject to alteration or interception by third parties. Although Lunada Biomedical will treat your information as confidential, we cannot guarantee absolute confidentiality.

CUSTOMER FEEDBACK

Lunada Biomedical is pleased to hear from its customers and welcomes your feedback regarding its products and the Site. If you choose to communicate with Lunada Biomedical, Lunada Biomedical may post your feedback of products, comments, suggestions, or other material, so long as the content of your submission is not unlawful, threatening, abusive, defamatory, invasive of privacy, obscene, inappropriately sexually explicit, fraudulent or otherwise deemed to be, in the sole discretion of Lunada Biomedical potentially objectionable to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your submission. Lunada Biomedical reserves the right (but not the obligation) to monitor, edit and remove any submission. By posting or sending us any submission, you grant Lunada Biomedical a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, publish, adapt, translate, create derivative works from, distribute, and display such submission throughout the world in any media. You also grant Lunada Biomedical the right to use the name you submit in connection with such submission. By posting or sending us a submission, you represent and warrant that you own or otherwise control all of the rights to the content in your submission, that the content you provide is true and accurate, and that use of the content in your submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify Lunada Biomedical against all claims and liabilities resulting from your submission. Lunada Biomedical does not take any responsibility and assumes no liability for any submission posted by you or any other person or entity.

The third party websites to which the Site links to are not under the control of Lunada Biomedical. Accordingly, Lunada Biomedical makes no representations concerning the accuracy, operation or content of those websites. Provision of the link is not an endorsement, authorization, sponsorship, or affiliation by Lunada Biomedical.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

By using the Site you are agreeing to enter into an arbitration agreement with Lunada Biomedical regarding any disputes that may arise as a result of such use. Under this agreement, you and Lunada Biomedical agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between you and Lunada Biomedical, including disputes against any agent or affiliate, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Lunada Biomedical agree that the results of such arbitration shall be confidential, unless disclosure is required for enforcement purposes or for a judgment to be entered thereon. If disclosure of the results is required for enforcement purposes or for a judgment to be entered thereon, then disclosure shall be limited to only the information necessary to accomplish such purpose.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.

In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award generally the same relief that a court can award. Under the terms of this agreement, if an arbitration proceeding is initiated, the arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879. If you initiate arbitration, Lunada Biomedical will promptly reimburse you for any standard filing fee which may have been required under AAA’s procedures once you have notified Lunada Biomedical in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration may be awarded attorneys’ fees, costs and reimbursement of filing fees. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Lunada Biomedical and may not preside over any kind of representative or class proceeding against Lunada Biomedical. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST LUNADA BIOMEDICAL IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Last updated : 02/10/2016