Terms & Conditions

OVERVIEW

THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) EXPLAIN HOW YOU MAY USE THE WWW.LUNANANO.CA AND WWW.LUNANANO.COM WEBSITES (THE "SITES") INCLUDING PURCHASING ANY PRODUCTS OR SERVICES MADE AVAILABLE ON THE SITES. THE SITES ARE OWNED AND OPERATED BY LUNA NANOTECH INC. (“LUNA”).

THESE TERMS ARE A LEGALLY BINDING AGREEMENT. YOU SHOULD READ THESE TERMS CAREFULLY BEFORE USING THE SITES.

BY VISITING OUR SITES AND/ OR PURCHASING ANY PRODUCTS OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND THE DOCUMENTS TO WHICH THESE TERMS MAY REFER.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HERE, YOU MUST IMMEDIATELY LEAVE THE SITE(S) AND NOT PURCHASE ANY PRODUCTS OR SERVICES.

WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS BY POSTING UPDATES AND/OR CHANGES TO OUR SITES. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THE SITES FOLLOWING THE POSTING OF ANY CHANGES MEANS YOU ACCEPT THOSE CHANGES.

BY ACCESSING OR USING THE SITES YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD, THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT info@lunanano.com.

TABLE OF CONTENT

DEFINITIONS

The terms:

"Content" means any text, images, video, audio or other multimedia content, software or other information or material subsisting on or accessible from the Sites.

“we”, “us” and “our” refer to Luna Nanotech Inc.

"you" or "your" means the person accessing or using the Sites or purchasing products or services provided on the Sites.

SCOPE

These Terms apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

These Terms include our Privacy Policy by reference and information you submit on the Sites is subject to that Privacy Policy.

We may supplement or replace a portion of these Terms with additional terms that relate to specific Content, Products, or Services made available or supplied by us on the Sites ("Additional Terms"). Additional Terms will be made available on relevant pages of the Sites and will be accessible to you for your acceptance before you engage with the specific features, tools, Content, Products or Services being made available. The Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any of these Terms.

ACCESSIBILITY

We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the Content on it, please contact us at info@lunanano.com.

CONSENT TO RECEIVE EMAIL

By contacting us through the Contact Us form on our Sites or directly at the telephone and email proved on the Contact Us page you will be prompted to explicitly consent to receive email communications from us, including messages regarding your query and other matters as described on the Site.

You may opt not to receive email correspondence (other than technical notifications, notifications regarding changes to these Terms or to the Privacy Policy, matters related to your account, or matters to an order your placed with us) at any time by contacting us at info@lunanano.com.

For users located in the European Economic Area (EEA) and Canada:

We only send marketing communications to users located in the European Economic Area (EEA) and Canada with your prior consent, and you may withdraw your consent at any time by clicking the “unsubscribe” link found in any email communication from us or by contacting us directly at info@lunanano.com.

OWNERSHIP, USE, AND INTELLECTUAL PROPERTY RIGHTS

The Sites and all intellectual property rights in and on the Sites (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

Nothing in these Terms grants you any rights in the Sites or the Content other than as necessary to allow you to access the Site, purchase Products or access our Services. You agree not to adjust, try to circumvent, or delete any intellectual property notices contained on the Site and, in particular, in any digital rights or other security technology that may be embedded or contained within any Site Content.

TRADE-MARKS

Luna NanotechTM and the Luna Nanotech logo are trade-marks of Luna Nanotech Inc. We may include other trade-marks on the Sites under license. The use or misuse of any trade-marks or any other Content on the Sites, except as allowed in these Terms, is strictly prohibited. You should not interpret anything contained on the Sites as granting you, directly or indirectly, any license or right to use any trade-mark without our prior written permission.

PROHIBITED USES

By using the Sites, purchasing Products or Services you agree that you are prohibited from using the Sites, the Content, or any Product or Service:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(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 Sites, 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;

(k) to interfere with or circumvent the security features of the Sites, any related websites, other websites, or the Internet; or

(l) to reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites, Products or Services, use or access the Sites, Products or Services or any contact on the Sites through which the Products or Services are provided, without prior written permission from us.

We reserve the right to block your access to the Sites if you do not comply with any part of these Terms or any applicable law.

WIX.COM

The Sites are hosted on Wix.com and Wix.com provides us with the online e-commerce platform that allows us to sell our Products and Services to you.

GENERAL CONDITIONS

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. Please refer to our Privacy Policy for further details.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

CONTENT ON THE SITE IS PROVIDED FOR YOUR GENERAL INFORMATION PURPOSES ONLY AND TO INFORM YOU ABOUT US AND OUR PRODUCTS, SERVICES, NEWS, AND FEATURES THAT MAY BE OF INTEREST TO YOU. THE CONTENT IS NOT INTENDED TO BE AND IS NOT SCIENTIFIC ADVICE OR ANY OTHER TYPE OF ADVICE AND YOU SHOULD NOT TAKE ANY ACTIONS BASED ON THE CONTENT WITHOUT CONDUCTING YOUR OWN DUE DILIGENCE.

You acknowledge that if you rely on the information on this Sites, you do so at your own risk and we may suspend or terminate operation of the Sites at any time at our sole discretion.

Nothing in these Terms is intended to deprive you of your statutory rights.

While we make commercially reasonable efforts to ensure that the Sites is available, accurate, and up-to-date, we do not represent, warrant or guarantee in any way the Site's continued availability at all times, we do not guarantee your uninterrupted use of the Sites, that it will be free from bugs, errors, or omissions, or that it is fit or suitable for any purpose.

PRODUCTS OR SERVICES

Certain Products or Services may be available in limited quantities and are subject to return or exchange only according to our Return Policy.

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 Services and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to modify or discontinue any Product or Service at any time without notice.

We do not warrant that the quality of any Products, Services, Content, or other material viewed, accessed, purchased, or obtained by you (as applicable) will meet your expectations, or that any errors in any of these will be corrected.

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.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Products, Service, Content, or the Sites.

Any offer for any Product or Service made on the Sites is void where prohibited.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 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.

For more detail, please review our Returns Policy.

THIRD-PARTY LINKS AND OPTIONAL TOOLS

The Sites may contain hyperlinks or references to third party websites or access to third-party tools, all of which are provided for your convenience only.

Our display of any hyperlink and reference to any third-party website does not constitute an endorsement of those third party's website, products or services. Your use of third-party website or third party tools linked through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with the terms on which tools are provided by the relevant third-party provider(s).

We have no control over third party websites and accept no responsibility for any content, material or information contained in them. We shall have no liability whatsoever arising from or relating to your use of third party websites or third-party tools. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

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 or otherwise objectionable or violates any party’s intellectual property or these Terms.

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 Sites. 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.

PERSONAL INFORMATION

Your submission of personal information through or on the Sites is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Sites or in the Products or Services 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 Products or Services on our Sites or other related websites 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 on the Sites, Products, or Services. or on any related websites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Sites, Products, or Services or on any related websites, should be taken to indicate that all information on the Sites or on any related websites has been modified or updated.

DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of our Sites, access to Products or Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from your use of the Sites, Products, or Services will be accurate or reliable.

You agree that from time to time we may remove Products or Services for indefinite periods of time or cancel a Product or Service at any time, without notice to you.

You expressly agree that your ability to use the Sites, Products or Services is on an “as is” and on an "as available" basis. To the full extent permitted by law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the Sites, Products, or Services, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to merchantability, merchantable quality, satisfactory quality, or fitness for a particular purpose, durability, title, and non-infringement of any Product or Service.

LIMITATION OF LIABILITY

In no case shall Luna Nanotech Inc., its directors, officers, employees, affiliates, subsidiaries, agents, contractors, sub-contractors, interns, suppliers, service providers or licensors (“Representatives”) 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 Sites, any Products or Services or any deliverables procured by use of the Services, or for any other claim related in any way to your use of the Sites, Services, 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 Sites, Products, Services, or any Content posted, transmitted, or otherwise made available via the Site, Product or Services, the unavailability of the Sites, any Product or Services for any reason, or for any representations or statements made on the Sites, even if advised of their possibility.

We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Sites, or purchased any Products or Services for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Sites, Products, Services or Content.

Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

We will not be liable to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, cyber or terrorist attacks.

Any exclusions and limitations of liability in these terms are subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Luna Nanotech Inc. and its Representatives from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) your breach of these Terms or the documents they incorporate by reference, (ii) your violation of any law or the rights of a third-party, or (iii) your use of the Sites, Products or Services.

SEVERABILITY

If any provision of these Terms is determined by a court of competent jurisdiction 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, and such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may block your access to the Sites and your ability to purchase any Products or Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

WAIVER, ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

These Terms of Service, together with the Privacy Policy and any Additional Terms, and any other terms or documents expressly referred to in these Terms or incorporated in these Terms by reference, contain the entire understanding and agreement between us and you in relation to your use of the Sites, Content, Products and Services and supersede 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 these Terms or the Privacy Policy).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

GOVERNING LAW

These Terms are governed by the laws of the province of Ontario and the laws of Canada applicable therein without regard to any choice of law, conflicts of law or other principles that would result in the application of the laws or regulations of another jurisdiction. You agree that any legal action or proceeding relating to this Agreement will be brought in a provincial or federal court in Toronto, Ontario, Canada. You and we agree to submit to the exclusive jurisdiction of these courts in any legal action or proceeding.

CHANGES TO TERMS OF SERVICE

We reserve the right to vary these Terms from time to time and a log of such changes will appear in the Change Log at the bottom of these Terms. When any sections of these Terms are modified, the website will display an alert prompting you to review the changes or you may receive an e-mail notification alerting you to these changes. By continuing to use the site after you receive that notice you implicitly consent to be bound by the terms in effect on that date. It is your responsibility to check these Terms and the Change Log from time to time. Your use and access of Site is subject to the Terms in effect on the date of your visit.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@lunanano.com.

Last Updated: May 25, 201

CHANGE LOG: