Terms & Conditions
Last modified January 15, 2019
Welcome to Lunar Labs, Inc., your new source for easy and cost effective access to data usage with a Lunar Labs, Inc. mobile device.
In order to complete your order, you need to accept these Terms and the AUP. By clicking the “I agree” button, you accept the Terms and AUP and (1) acknowledge that you have read these Terms and the AUP; and (2) agree that these Terms and the AUP are a legally binding agreement between you and Lunar Labs, Inc.
1. Scope of the Terms. Unless we indicate otherwise, these Terms apply to Products and Services which you purchase from Lunar Labs, Inc., such as a cellular device and cellular service (each of which is discussed further below). As used herein, “Lunar” means Lunar Labs, Inc., its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and clients.
2. Phone and SIM Provided by Lunar. Based upon your order, Lunar will ship a cellular phone (“Phone”) if purchased to you along with any applicable chargers, batteries and other accessories of which the latter may or may not be branded the same as the Phone manufacturer. The Phone will be shipped to you by the delivery method that you select at time of checkout, of which there may be associated shipping and handling fees, and applicable sales taxes and fees. Your Phone will come to you with a SIM card (“SIM”) pre-installed and already activated. The battery in your Phone may not come fully charged and you may have to charge your Phone prior to use. If you only purchased Lunar’s cellular service and chose to bring your own phone (“BYOD”), then Lunar will ship you a SIM only, of which there may be associated shipping and handling fees, and applicable sales taxes and fees.
3. Phone Numbers. When you purchase a Phone or cellular service on Lunar’s website, located at https://lunarwireless.com/ (the “Site”), you will have the option to either receive a new phone number or “port in” your existing phone number. You will be able to access these options during the purchase process after you select your Phone, add it to your shopping cart, and proceed to the billing and shipping stage. You will be asked a series of questions regarding your number preferences including whether you would like a new number or would like to port your existing number. In the case of number porting, you will be asked a series of questions regarding your account with your existing carrier detailed herein.
(i) If at the time of checkout on the Site, you select the option to “port in” your existing phone number, complete your purchase and agree to the AAP, our team will be notified that you want your Phone or SIM to be provisioned with your existing phone number.
(ii) By accessing the App or Site or using the Products or Services, (in addition to your express acknowledgment and agreement of the AAP), you hereby authorize Lunar and its authorized representatives to initiate, manage and complete the porting process for transferring your phone number from your existing carrier and other related actions in connection therewith, which authorization includes the appointment of Lunar to act on your behalf and in your name in connection with such porting process, including, without limitation:
a. Accessing, viewing and using the information you provided to Lunar during your Account setup or by using the App (including the account information and PIN with your existing carrier);
b. Accessing, viewing and using the information related to the porting process on your current device that is necessary to consummate the porting process, including, without limitation, any text messages or correspondence relating to the account information or PIN with your existing carrier or other information sent from your existing carrier relating to the same; and
c. Contacting your existing carrier and disclosing and/or utilizing your account information and/or PIN with your existing carrier and other related information to verify your identity with the existing carrier and consummate the porting process.
(iii) In connection with your appointment and authorization of Lunar and its authorized representatives to act on your behalf solely in connection with the porting process, you hereby release, waive, forever discharge and hold harmless in advance Lunar and its authorized representatives, successors and assigns from any and all liability, claims, causes of action, losses, demands, debts, costs, expenses (including attorneys’ fees), damages or any other loss whatsoever arising out of or connected in any way with the AAP, porting process, and/or your appointment and authorization of Lunar as provided herein in connection with such porting process, even though that liability may arise from alleged negligence or carelessness on the part of Lunar and/or its authorized representatives.
(iv) Your number will not be “ported in” until you receive your device or SIM and activate your Lunar cellular service. The setup wizard within the Lunar app will provide you with instructions to complete the transfer and reassignment of your number. It can take up to twenty-four (24) hours for your number to transfer to your Lunar service (although it generally occurs much more quickly) during which you may lose connectivity of your existing cellular service.
(v) DO NOT CANCEL YOUR SUBSCRIPTION WITH YOUR EXISTING SERVICE PROVIDER UNTIL AFTER YOUR NUMBER HAS BEEN “PORTED IN” TO YOUR LUNAR SERVICE. CANCELLING YOUR SERVICE WITH YOUR EXISTING SERVICE PROVIDER WILL RESULT IN THE LOSS OF YOUR NUMBER. YOUR ACCOUNT WITH YOUR PREVIOUS SERVICE PROVIDER WILL BE CANCELLED AUTOMATICALLY ONCE YOUR NUMBER “PORT IN” IS COMPLETED.
(vi) You may be subject to termination fees or early cancellation fees through your existing service provider if you opt to “port in” your existing telephone number prior to the expiration of your contract with your existing service provider or otherwise may incur additional fees or costs in connection with the porting process or the cancellation of your existing carrier services or contract. In addition, you may receive a bill from your previous service provider if your account is not current or has not been paid. Notwithstanding any action of Lunar on your behalf in connection with the porting process, in no event shall Lunar be liable or responsible for any termination or cancellation fees or other costs and fees that you may incur from your old carrier/service provider with respect to the porting process, cancellation of your existing carrier contract or otherwise, which fees and costs shall be your sole responsibility.
b. Lunar New Number Issuance. If you’d like Lunar to assign your Phone with a new number we will ask you a series of questions at the time of checkout when you purchase your Phone and/or Lunar cellular service. These questions include but are not limited to your preference of area code (unless it is automatically matched to your billing address zip code). When Lunar assigns you a new telephone number you are not permitted in any manner to; (a) transfer or duplicate the mobile number to any phone or other equipment other than that authorized by Lunar or that is in accordance with the Federal Communications Commission’s (“FCC”) number porting rules, or; (b) modify the mobile number Lunar programs into any other device that you purchase from Lunar.
c. Notwithstanding anything contained in these Terms or the AUP to the contrary, in certain instances, you may not be able to transfer your existing telephone number for reasons outside of our control. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless service and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Services at any time without prior notice to you.
4. Services & Services Availability Provided by Lunar
a. Your Phone (if purchased from Lunar) and SIM will be programmed with Lunar software (patent pending) which is designed specifically to provide you with the ability to implement the Services offered by Lunar (the “App”).
b. Services may be accessed through the Phone or on the Site.
c. The App will enable you to use the Services, which shall be deemed to include, without limitation, the ability to place telephone calls, send text message using SMS or MMS, connect to the Internet, use applications loaded on the Phone, use data services and contact Lunar’s customer services team. You will be able to access the Internet via a mobile broadband data network, to the extent that network coverage is available, but without a traditional cellular carrier contract
d. The Services are available for use solely within the United States and you will not be able to make international calls using the Service.
e. The Service is only available in the coverage areas offered and supported by the Lunar program. Therefore, coverage may not be available to you everywhere; in every state, county or municipality. Additionally, conditions both within and outside of the control of Lunar can affect the quality of Service within the Lunar coverage areas. Circumstances such as weather, geographic area, terrain, structures and other limitations may affect your Services. Lunar does not warrant or guarantee the availability of the Services at any specific time or in any specific geographic location or that the Services will be provided without interruption. Lunar shall not have any liability for Service failures, outages, delays, interruptions or limitations of Service or decline in the quality of Service regardless of the cause.
f. 911/E911 Service. Contacting 911 on your Phone is different than contacting 911 through traditional wire-line services. You affirm, and agree that you have carefully read and reviewed this section of these Terms in connection with contacting 911/E911. This section along with further updates which Lunar may make, from time to time, by an SMS, MMS or other type of message we may send to your Phone will inform you if we make any changes or modifications to regarding 911/E911. Further you agree that, if and when you purchase a Phone for another person, you will inform them that contacting 911/E911 on the Phone or through the Services is not a like a traditional wire-line service and provide them with the following information:
(i) When you make a call to 911 using your Phone, you will specifically state the nature of your emergency and you agree to provide both your location and your mobile number because the 911 dispatcher may not automatically receive your mobile number or location. Lunar, its network providers, partners, operating companies and/or affiliates are not responsible for any failures which may result if your call fails to connect to, or is not able to complete your 911 call, relay your mobile number, or if incomplete or inaccurate information is provided to 911. The Services may not be available or reliable when using your Services and your ability to contact 911/E911 or otherwise receive emergency services may be imperfect.
(ii) 911 operators may not be able to determine your phone number or your location based on a number of factors. If you do not provide the 911 dispatcher with that information, under some circumstances, a 911 emergency call may be routed to a 911 operator, 911 dispatcher, or an alternative location or individual by local emergency service providers and Lunar is not responsible if the call may be interrupted.
(iii) 911/E911 services, if applicable and when enabled, use assisted GPS technology to provide your location information but even then and if available emergency services may not and do not always provide exact location information with complete accuracy. For example, if your Phone is; (a) inside a dwelling or you’re indoors, (b) blocked by a building, object or terrain, (c) not recharged, (d) you may be in a roaming area where Service is unavailable, (e) the area code of your phone number is in another jurisdiction than your billing address, (f) your account has been suspended or terminated in accordance with these Terms or for any other reason you cannot acquire a satellite signal, you may not be able to be located by emergency services.
5. Fees, Charges, and Discounts.
a. Upon agreeing to these Terms and the AUP and finalizing your order, you may be required to pay fees mandated by local or federal statutes or regulations and universal service fund fees in addition to the purchase price for the Phone and SIM.
b. Taxable items include but are not limited to; state sales tax, local and municipal taxes, FCC universal service fund fees, regulatory administrative fees and regulatory surcharges. Some taxes and fees will be included each time you load prepaid amounts to your account and will be at time of purchase. Taxes, fees and surcharges are subject to change in accordance with FCC policy along with any applicable state utility commission associated with your Service jurisdiction. Specifically these taxes, fees, surcharges or federal assessments are subject to change without notice to you. Please call contact Lunar by email at firstname.lastname@example.org or call Lunar customer service at +1 (844) 835-8627 if you have any questions regarding these taxes, fees or assessments.
c. Your use of the Services will be on a “pay as you go” basis, meaning that you have the freedom of choice to buy Services when and in the amount you want. Lunar’s “pay as you go” Services are purchased by you on a prepaid basis and are sold in increments of $1.00, $5.00, $10.00 and $20.00 in addition to the base monthly fee for Services. Lunar has determined these rates for mobile usage and has the right to change, alter or modify the existing rates or provide new rates to you for Services, in its sole discretion. Once your prepaid usage has been consumed, you will need to purchase additional usage in order to continue to use the Services. You are responsible for all usage of the Service. Lunar may also have the right at its sole discretion to limit the amount of Services you purchase or attempt to add to your Account (defined below), on a daily basis at any time.
d. For Lunar’s “pay as you go” Service, each time you use your Phone and you incur charges, the credits associated with your Account will be reduced by the charges incurred. It is up to you to decide how much credit to load onto your Account. If your Phone is lost, stolen, damaged or destroyed, or used in an unauthorized manner, Lunar is not able to provide you with a refund of credits used. You must contact Lunar immediately so that we can suspend your Services to prevent further calls being made using your Phone.
6. Your Account.
a. To activate the Services you will create an account (“Account”). When creating your Account, you will be asked to provide personal private information, including your name, age, email address, city and state of residence, and information for a valid active credit card, or a debit card. Should any of this information change, you must update your Account. Other information you provide to Lunar is optional. Please keep in mind that if you do not update your Account with informational changes that may impact your ability to use, some, any or all of the Services.
b. Your acceptance of the Terms and AUP is your confirmation that all of the information you provide to Lunar is accurate and complete.
c. You will choose a password to secure the information in your Account. You are responsible for keeping your password secure. You shall notify Lunar of any suspected breach of security or unauthorized use of your Account. You should take all reasonable steps and your best efforts to safeguard your Phone and your Account information from unauthorized use. Lunar is not responsible or liable for any unauthorized use of your Phone, Services or Account. You are responsible for all actions that take place as a result of access to or use of the Services whether the access was made by you, someone you authorized, or unauthorized use or by a third party using your Phone and/or Account information.
d. You must be at least 18 years old to accept these Terms and the AUP, receive Products and Services from Lunar and to use the Services or Phone. Your acceptance of these Terms and the AUP is your representation that you meet this minimum age requirement.
(ii) If you wish to purchase Phones and the Services for a minor you may do so. However, a minor’s Accounts Phone and the use of Lunar Services must be and all times remain under your direct control.
e. By creating your Account, Lunar grants you a non-exclusive, non-transferable limited and, revocable license for the sole purpose to use your Phone, App, Products and Services in accordance with, and subject to your compliance to these Terms and the AUP. Except for the limited right granted in the foregoing sentence, no other rights or licenses are granted to you in connection with the Phone, the App or the Services, and you are not authorized to apply or introduce changes in any manner to Lunar’s network, the Site, Services, Products, and any other asset which Lunar owns, operates or that is supported by a Lunar affiliated third party. At all times, Lunar shall be the sole owner of the Phone, App, Products and Services and may revoke, control, limit or otherwise modify the limited rights granted to you in this paragraph 6(e).
f. Lunar at its sole discretion may limit the number of the Accounts you may create or maintain at any given time either for your use or the use of others. Lunar reserves the right to reject your attempt to open an Account, and reserves the right to suspend or terminate any of your Accounts or Accounts associated with your credit card with a corresponding refund (if applicable) if the number of Accounts or your active Account usage exceeds any limit which Lunar may specify now or in the future.
g. You consent and agree to receive SMS, MMS, text messages, pushed messages, phone calls or email messages from Lunar and its affiliates regarding your account, our Products, Services and special offers. There may be times when standard message and data rates may apply. If you choose to you may opt out of this service by emailing us at email@example.com or calling our customer service at +1 (844) 835-8627. However, your ability to manage your account and the Services Lunar provides could be limited if you withdraw your consent to receive such messages by unsubscribing to such messages.
7. Content and Your Use. You are solely responsible for your use of the Phone, the SIM, the App, and the Services, and any other individual for which you purchase Phones, SIMs, and Services. Your telecommunications access may be affected by actions of Lunar based upon a customer’s usage threshold (sometimes called “congestion management” or “speed throttling”), and by Lunar in terms of the size of the messages or data that you can send or receive, and the speed and space your Account is allotted. You may not allow anyone else to use the Phone or the App (whether to make a call, send or receive a voice or text message, upload or download content, or whether connected to a computer): (a) for any unlawful purpose, (b) in any way which is, or is intended to be, malicious, fraudulent or hoax (including to the emergency services), (c) to breach the rights of any third party (for example, copyright), (d) to use the Phone as a modem to connect other devices to the Internet, including tethering (e) in any way which may damage or affect the operation or quality of Lunar, the Internet or any other telecommunications system. If you do not comply with any provision of this paragraph or the AUP, you shall be liable to Lunar for all liabilities, claims, and damages, losses and costs (including attorneys’ fees and legal costs) which we may suffer as a result. You must tell us immediately if anyone makes or threatens to make any claim against you because of your use of the Phone and/or the Services.
a. Voice Calling. Voice calling on the Phone is strictly limited to live dialogue initiated by a call you may place to an individual or a call you may receive from an individual. Your Service should not be used for anything other than this stated purpose.
(i) Additionally, Services, including, without limitation, voice calling, may not be available when you are out of the Lunar network coverage area. If you use or subscribe to third party providers for PIN Free International calling or other voice service providers when using your Phone, you may incur additional charges and fees that you may pay directly to the provider of that service, or we may have to charge you for, by applying some, any or all of the credit in your account. At this time Lunar does not offer the ability to use roaming services. Further Lunar does not support directory assistance using 411, 611. However, operator services are available.
(ii) If you answer a call or a text message from a blocked unknown number, or a local number which is unknown to you incoming to your Phone as a telemarketing call using an automated dialer, that may affect the usage and available balance of your Account and/or you may incur third party charges which Lunar is not responsible for. If you receive unwanted telemarketing calls from a dialer and/or using a prerecorded message, or unwanted text messages Lunar will not be able to help you, and you will need to report these types of calls to the FCC in order to file a complaint.
b. Data Service. Lunar may not be able to guarantee access to data services if your browsing is interrupted or data services may not be available when you are out of the Lunar network coverage area. At this time Lunar does not offer the ability to use roaming services.
(i) When you visit any website while browsing, your phone number may be transmitted to the website you visit. If you receive a text or SMS, MMS or text message to your device by these websites, you may incur additional charges that Lunar is not liable for, which may affect the credit balance of your Account.
(ii) When you elect to make purchases, subscribe to a “for pay” Internet based service other than our own, or make any decision to purchase a product or service from other third party companies while using your Services, you do so solely at your own risk. If you elect to participate in any of the aforementioned services, these outside services may have associated charges on behalf of these other companies, and you shall be obligated to pay such charges which Lunar is not responsible for.
8. Suspension of Services. If Lunar suspects unauthorized or improper use of the App, Phone, Products, SIM or Services, it may (a) suspend or deactivate your Account; or (b) limit your access to Services to the extent deemed reasonably necessary in light of the unauthorized or improper use. See Lunar’s Acceptable Use Policy (https://lunarwireless.com/acceptable-use-policy) for more information.
9. Termination of Account. If you wish to deactivate or suspend your Account, please contact Lunar at firstname.lastname@example.org.
a. Lunar and its licensors retain ownership of all intellectual property rights relating to Lunar, the App, Services, Phone, SIM, Site, Products and any other assets, product and/or services owned or licensed by Lunar, including trademarks, copyrights, software, text, images, graphics, logos, user interface, videos, and other information displayed through the App and on the Site other than through your transmission or receipt of personal data using the Phone and SIM. You have no ownership rights to the Services, Phone, Site, Products, App or other intellectual property belonging to Lunar and its licensors.
b. All content included on the App and the Site such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the App and the Site, is the property of Lunar protected by patent, copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any content on the App and the Site and will not make any changes thereto.
12. Integrity of Lunar Products; App Upgrades. You agree not to modify, circumvent, disable or otherwise interfere with the Lunar software, the App and security-related features or functions of the Phone or the App. You agree not to hack, design around, reverse engineer, decompile, recompile, or disable any software embedded in or downloaded to the Phone. Lunar may upgrade the App from time to time to fix bugs, add features, and otherwise improve performance by pushing notifications and updates to your Phone. You agree to download and install the most current version of the App provided to you by Lunar as applicable.
13. Third Parties. The App and the Site may link to third party websites that are not owned or controlled by Lunar. These Terms apply only to the Products and Services offered by Lunar and do not extend to any services or products of third parties. Lunar does not control the content, privacy policies, or practices of any third party websites or applications. Lunar is not responsible for your use of third party applications or websites. Lunar is not responsible for the availability of third party websites or their resources. Lunar does not endorse (and is not responsible or liable for) any content, advertising, products, or other materials on or available from third party websites. Lunar provides these links to you only as a convenience. If you access or make purchases from third party websites, we recommend that you review the agreements, terms and policies in use by those websites, including privacy policies. To the extent you choose to purchase any of these additional products, you do so at your own initiative, risk and are fully responsible for compliance with any applicable laws.
b. Lunar is not responsible for any error due to incorrect information supplied by you to process a transaction involving any products or services supplied by third parties that may be available when you are in a web based or browsing session using your Phone. Such transactions are solely your responsibility.
14. 60 Day Limited Warranty.
a. Phones may be in new or refurbished condition upon delivery. The Phone has been adapted by Lunar to include; the App and the corresponding software technology. Regardless of whether it contains a logo or other trademark of a third party, the Phone has been altered by Lunar through the removal of certain original technology and the installation of the App. Lunar, and not any other party, is responsible for the performance of the Phone, the App, and any corresponding software technology.
b. Lunar warrants for a period of 60 days from your date of purchase of the Phone, that the Phone, the App and the corresponding software technology will be fit for their particular purpose. In the event that the Phone, the App and the corresponding software technology do not perform as described within the 60 day warranty period, Lunar will, at its expense and in its sole discretion, do one of the following: (1) replace the defective Phone; (2) perform bug fixes on the App or the corresponding software technology; (3) use commercially reasonable efforts to correct any nonconformity of the Services; or (4) terminate these Terms and provide you up to a full refund for the Phone and any charges paid by you, less the charges for calls, text messages and other features of the App used by you.
c. If you choose to return your phone as described under the provisions of 14.b. please email us at email@example.com or call Customer Service at +1 (844) 835-8627. When using either form of contact you will be asked a number of questions by someone from the Lunar team, and will then be provided with a Return Merchandise Authorization (RMA) number and mailing instructions on where to send your return.
d. When returning your Phone you will be required to send back the Phone using a secure padded mailer or box with packing materials to the ensure the Phone is not damaged during shipping. In order to process your return, the Phone must be returned to us in the condition in which you received it, undamaged, in the original box (in the padded mailer or secure package that you send to us). All accessories including adapters, USB cables, package inserts, printed materials, and all other items that were included in the box with your original purchase must be included with your return.
e. At time of purchase you will be required to pay for the full cost of your Phone. Once we receive your returned device we will credit your account for up to the full amount provided however, the Phone is sent to us in the condition which you originally received it. Lunar takes between 5-7 days to process your return from the time we receive at our offices. Prior to issuing a refund, we will review your return and evaluate the condition of the Phone to determine if the Phone has been damaged, altered or modified in any way and then process your return for credit. However if you fail to return your Phone in accordance with this Lunar return policy (paragraph 14) this may result in an additional processing fee, or the denial of the refund.
e. Returns and exchanges are limited to two (2) per calendar year per user unless the Phone has been damaged in its original shipment.
f. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT THE PHONE, THE APP, THE CORRESPONDING SOFTWARE TECHNOLOGY OR THE SERVICES DO NOT PERFORM AS WARRANTED WITHIN THE 60 DAY WARRANTY PERIOD.
g. OTHER THAN THE 60 DAY WARRANTY DESCRIBED HEREIN, LUNAR DOES NOT REPRESENT OR WARRANT THAT ALL FEATURES AND FUNCTIONS OF THE PHONE, THE APP, THE CORRESPONDING SOFTWARE TECHNOLOGY AND THE SERVICES WILL FULLY PERFORM AS DESCRIBED. LUNAR IS NOT RESPONSIBLE FOR DAMAGE TO THE PHONE CAUSED BY ACCIDENT, MISUSE, YOUR CONDUCT OR CONDUCT BY THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, LUNAR HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
h. LUNAR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTY TELECOMMUNICATIONS CARRIERS FOR THE DELIVERY OF THE SERVICES. Lunar and its third party telecommunications provider (“Underlying Carriers”) will not be liable to you for any costs or damages, either directly or indirectly, incurred by you or any other person involved or related to your transactions in connection with the Products and Services provided by Lunar and its delivery thereof. The Site and the Products and Services provided by Lunar and Underlying Carriers are provided “AS IS” and “AS AVAILABLE” with no representations or warranties of any kind, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In particular but without limitation, Lunar does not warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that Underlying Carriers who make the Services available are free of fault, defect, viruses or other harmful components. Lunar does not warrant or make any representations regarding the use or the results of your use of the Products and Services, in terms of its correctness, accuracy timeliness or otherwise, or the ability to make voice calls, send SMS, MMS messages or browse the Internet. You agree that you assume total responsibility for the use of the Site and the Products and Services which you purchase on the Site, using another mobile device, your Phone, or by calling Lunar to place and order.
i. You expressly acknowledge that the additional products or services offered by a third party operator as stated in paragraph 13 are provided on an “AS IS” and “AS AVAILABLE” basis with no warranties of any kind. Lunar makes no warranties, claims or representations to you or to any third party, either express, implied or statutory, regarding any additional products and the services underlying them, including, without limitation, warranties; conditions of quality, performance, suitability, durability, title, non-infringement, merchantability, completeness of fitness for use for a particular purpose. All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release Lunar from all such warranties of any nature and any liability thereof.
15. Limitation of Liability for Damages.
a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUNAR BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, RESULTING FROM THESE TERMS, USE OF THE PHONE, ACTIVITY AT THE SITE, THE APP, THE CORRESPONDING SOFTWARE TECHNOLOGY OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT LUNAR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF LUNAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND CLIENTS IN THOSE JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT OF EXCLUSION OR LIMITATION PERMITTED BY LAW. HOWEVER, IN NO EVENT WILL LUNAR BE LIABLE TO YOU FOR A SUM GREATER THAN THE AMOUNT OF THE CHARGES INCURRED BY YOU PURSUANT TO THESE TERMS.
c. LUNAR IS NOT AND WILL NOT BE LIABLE FOR YOUR INTENTIONAL OR NEGLIGENT ACTS OR OMISSION, OR (1) ACTS OF ANY THIRD PARTY COMPANY OR INDEPENDENT CONTRACTOR THAT OFFERS PRODUCTS AND SERVICES OR SERVICE DELIVERY THROUGH THE SERVICES OR IN CONJUNCTION WITH THE SERVICES, (2) ANY ACT OR OMISSION OF ANY OTHER TELECOMMUNICATIONS PROVIDER OR SERVICE PROVIDER OTHER THAN THAT OF LUNAR, (3) INCOMPLETE OR FAILED VOICE, TEXT OR EMAIL MESSAGES OR DROPPED CALLS IN CONNECTION WITH THE SERVICES OR OTHERWISE ANY INTERRUPTION, DECLINE IN QUALITY, DELAY OR FAILURE OF THE SERVICES, (4) ANY CONTENT THAT IS DOWNLOADED TO YOUR DEVICE WHEN YOU BROWSE THE WEB, WHEN YOU DOWNLOAD CONTENT TO YOUR PHONE, OR WHEN YOU INSTALL ANY PRODUCTS TO YOUR DEVICE, OR THE ACCURACY OF ANY INFORMATION FROM THE INTERNET OR ANY INTERNET CONTENT, SERVICES OR APPS WHICH ARE NOT AUTHORIZED OR SUPPORTED BY LUNAR OR YOUR PHONE (5) ANY USE OF YOUR PHONE REGARDLESS OF WHETHER YOU AUTHORIZE SUCH USE OR NOT, (6) ANY FORM OF REPAIR OR INSTALLATION OF LUNAR EQUIPMENT, DEVICES OR PRODUCTS BY ANY THIRD PARTY WHO IS NOT LUNAR OR LUNAR’S ASSOCIATED THIRD PARTIES OR AGENTS WITHOUT THE PROPER SERVICE ORDER OR A FORMAL REQUEST MADE BY YOU TO US TO MAKE ANY REPAIR, (7) YOU OR ANY THIRD PARTY MAY HAVE CHANGED, ALTERED, TAMPERED OR MODIFIED YOUR PHONE, (8) ANY HEALTH CLAIMS WHICH ARE ALLEGED TO ARISE FROM THE USE OF YOUR DEVICE OR OUR SERVICES OR OUR PRODUCTS (9) ANY DISRUPTION, FAILURE OR INTERRUPTION OF EMERGENCY SERVICES SUCH AS THE ACCURACY AND IDENTIFICATION OF PHONE NUMBER, ADDRESS OR PROPER NAME ASSIGNED OR ASSOCIATED WITH ANY PERSON OR INDIVIDUAL ATTEMPTING TO ACCESS OR ACCESSING EMERGENCY SERVICES FROM YOUR DEVICE AND (10) LIABILITY FOR ANY INJURY OR DEATH ARISING OUT OF MISDIRECTED OR IMPROPERLY ROUTED OR MISROUTED, IMPROPER DELIVERY, OR HANDELING OF A 911 CALL(S), REGARDLESS IF THE CALL WAS ROUTED BY A PUBLIC SAFETY ANSWERING POINT (PSAP) OR AN OFFICIAL EMERGENCY DISPACTHER OR OPERATOR, IS NOT THE FAULT OR LIABILITY OF LUNAR, ITS NETWORK PROVIDERS, PARTNERS, AND ITS OPERATING COMPANIES OR AFFILIATES AND LUNAR, ITS NETWORK PROVIDERS, PARTNERS, AND ITS OPERATING COMPANIES OR AFFILIATES SHALL NOT BE HELD LIABLE FOR ANY ALLEGED OR ACTUAL CLAIM, DAMAGE, LOSS, FEE, FINE, PENALTY, INCLUDING ATTORNEY’S FEES FROM YOU OR ANY OTHER THIRD PARTY AS A RESULT OF 911 SERVICE. YOU ALSO WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATED TO THE PROVISION OF ANY AND ALL TYPES OF EMERGENCY SERVICES TO YOU. YOU AGREE THAT YOU WILL HOLD LUNAR, ITS NETWORK PROVIDERS, PARTNERS, AND ITS OPERATING COMPANIES OR AFFILIATES HARMLESS FROM ANY AND OR ALL DAMAGES OR LIABILITIES, AND THESE LIMITATIONS APPLY TO ALL ALLEGED OR ACTUAL CLAIMS REGARDLESS OF IF THEY ARE BASED ON BREACH OF CONTRACT, PRODUCT LIABILITY, TORT, BREACH OF WARRANTY AND OR ANY OTHER TYPE OF LIABILITY.
d. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
16. Termination or Suspension of Services; Termination of Agreement.
a. In the event of nonpayment of Account fees, an investigation, or in the exercise of its discretion, Lunar may suspend or terminate your Account, remove or limit access to your information or the App, limit use of the Phone or limit Services to which you would otherwise have access. Lunar may also suspend access to the Services in the event an account is inactive for a period of 30 days or greater.
b. Lunar may terminate its relationship with you, or may terminate or suspend your use of your Phone, the Services, the App, the Site and your Account in general and at any time and immediately at the sole discretion of Lunar if (including but not limited to); (a) you violate any clause, term, condition or article as stated in these Terms and/or the AUP, (b) due to a change in any applicable law, or change in and/or by any of Lunar’s underlying carriers and other service providers and or partners, (c) you resell the Services, (d) your use violates any trade and economic sanctions, regulatory or governing policy imposed by a U.S. State or U.S. governing agency, (e) if Lunar decides to cease offering the Services to you in your jurisdiction.
c. Lunar shall affect such termination by preventing your access to your Account, the other Accounts you have purchased using your credit card, and you will not be able to access any Services upon termination of your relationship with Lunar. Further, all rights to use Lunar Products, Services and App shall immediately terminate; and you agree to immediately cease any and all use of the Lunar Services, your Account, your mobile number and/or the other Lunar Phones, Services and the App(s) that you have purchased for others using your credit card.
d. If we terminate your Account for cause due to violation of these Terms and/or the AUP the prepaid credit on your Account will not be refunded.
e. You may terminate your Account, deactivate your phone, cease using the App or Services, or delete account information at any time. You may take any of these actions with or without prior notice to Lunar. Because Lunar does not require you to keep your Account active for any specific period of time, deactivation of your Phone or termination of your Account may occur without penalty and or liability to Lunar except for any unpaid charges that existed at the time of deactivation or termination. You acknowledge that terminating your Account may result in the loss of your phone number, which you may not be able to recover.
f. If you voluntarily terminate your Account or otherwise cease using the App or Services, any unused credit on your Account will be refunded.
g. When you voluntarily elect to terminate your Account you may wish to port your number to a new carrier. After the porting is completed (and if your number is eligible by the Service provider you have selected to be ported), you won’t be able to use any of the Products and Service in connection with that number. Other than the right to attempt to port your number if it so eligible for porting you have no other right to your wireless number.
h. Your Phone contains customized software that allows the Phone to be used with the Services. Your Phone can only be used with Lunar as a carrier, and cannot be used on other carrier networks. You acknowledge and accept that you can only use your Phone on Lunar’s network, and understand that your Phone will not function on another carrier’s network.
17. General Terms:
b. The Site and Services are Located in and Delivered from Michigan. This Agreement is deemed to be executed and performed in Detroit, Michigan. This Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles.
c. Dispute Resolution. The parties shall attempt to resolve any disputes through good faith business negotiations or facilitative mediation in Detroit, Michigan. All disputes or claims arising out of or relating to this Policy shall be settled by arbitration, to be conducted by a single arbitrator in Detroit, Michigan, by and in accordance with the then effective commercial rules of the American Arbitration Association (“AAA”); provided that the arbitrator shall not have authority to issue injunctions. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. The proceedings shall be conducted only in the English language. Judgment upon the award may be entered in any court having jurisdiction thereof. For consumers, the arbitration will be conducted under the Supplementary Procedures for Consumer-Related Disputes: handled under AAA’s Commercial Mediation Procedures (“AAA Rules”), with the rules that are in effect on the date of commencement of the arbitration, as such those rules may be modified by this Agreement. Other legal proceedings, if any, shall be initiated and maintained in Wayne County, Michigan, or in the U.S. District Court of the Eastern District of Michigan, Southern Division. The parties expressly submit to the exclusive personal jurisdiction and venue of these courts and waive any objection on the grounds of personal jurisdiction, venue, or forum non conveniens.
(i) Dispute Timeframe. Any dispute or claim arising out of or relating to this agreement must be brought within ninety (90) days after the date on which the basis for the dispute or claim first arises, regardless of applicable statutes or laws to the contrary as stipulated under 16.c.
(ii) Individual Basis; No Class Action. You agree each dispute will be arbitrated on an individual basis and will not be consolidated. No dispute or claim may be brought as a class action or as a private attorney general. You agree to waive any right to assert any dispute as a class, assignable, collective or representative action in a more than sole and only one party group and affirm, acknowledge and agree not to participate in any dispute asserted as such. You agree not to proceed on any claim in arbitration as a class claim or class action or any other like or similar proceeding. You agree, and we collectively agree that neither of us will seek to consolidate any arbitration claims that involve any other party or claimants, and we each agree that we will not be part of or be represented in any form of class action or any other form of action which may be brought by anyone else. You also agree individually as do we that neither of us will seek any remedy or award in any arbitration proceeding against or on behalf of anyone that is not a named party to the arbitration. No arbitrator shall have the right or authority to oversee or include a claim by either you or us on behalf of a person who is not a named party and the arbitrator shall not have any authority to make any award for the benefit of or against any person who is not a named party.
(i) Class Action Procedures. In the event any of the terms of this Agreement relating to class action procedures are deemed legally unenforceable, then this agreement to arbitrate will be made inapplicable to that specific claim. In the case of an inapplicable claim than that claim will be instead be remedied through litigation proceedings in the governing jurisdiction of Wayne County, Michigan, or in the U.S. District Court of the Eastern District of Michigan, Southern Division rather than by arbitration proceedings.
d. Survival of Terms and Conditions. The terms and conditions contained in paragraph 10 and paragraph 7, 11, 12 13, 14, 15, 16 and 17 shall survive termination of these Terms. If any of these Terms shall be unlawful, void, or for any reason unenforceable, will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The remaining Terms will remain in full force and effect.
e. No Waiver. A waiver of any term or condition of this Agreement by Lunar must be in writing and signed by an officer of Lunar. No single waiver of a term or condition shall be deemed a continuing waiver of the term or condition. Any failure to insist upon strict compliance with any of the terms or conditions of this Agreement shall not be deemed a waiver of the terms or condition.
f. Assignment. Lunar may assign its rights and obligations under these Terms. Your Account is not transferable and cannot be assigned. You cannot sublicense your use of the App or your access to the Services.
g. Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) year after the date of the event giving rise to the claim. Any claim or cause of action not brought within the one year limitation shall be permanently barred.
h. International Considerations. Lunar makes no representations that the Site or Services are appropriate or available for use in locations other than the United States. Those who access or use the Site or use the Services from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
i. Notices. You must serve notices on Lunar at 3434 Russell St. #406, Detroit, MI 48207 or by email: firstname.lastname@example.org. Lunar may provide you notice via email, via mobile push notification, via text message or via the Site. Notice is deemed given upon the earlier of (i) actual receipt, (ii) 24 hours after an email is sent, (iii) 3 days after first class mail is deposited with the U.S. Postal Service, or (iv) 5 days after a notice is posted to the Site. You consent to receiving notices and communications from Lunar electronically.
j. Nature of Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement does not create any right that may be enforced by a third party.
k. Force Majeure. Lunar will not be liable for any failure or delay in performance of its obligations under this Agreement to the extent the failure or delay: (a) is caused, without fault of Lunar, by fire, flood, earthquake, elements of nature or acts of God; acts of war, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; or any other similar cause beyond the reasonable control of Lunar; and (b) could not have been prevented by reasonable precautions and cannot reasonably be circumvented by Lunar through the use of alternative sources, work-around plans or other means. Lunar shall be excused from its non-performance of affected obligations only for so long as the circumstances prevail and Lunar continues to attempt to recommence performance whenever and to whatever extent possible without delay.
l. California Users and Residents. By the terms of California Civil Code Section 1789.3, any and all comments, questions or concerns can be addressed and sent to us via certified mail to: Agent of Lunar, 3434 Russell St. #406, Detroit, MI 48207. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA.
Effective January 15, 2019 & Version Number 2.3