Terms and Conditions
MED USA LIMITED designs products and tools that help you achieve your health, lifestyle and fitness goals and empower and inspire you to lead a more active life. These Terms of Service (“Terms”) apply to your access and use of the LunaR Service. The “LunaR Service” includes our devices including associated firmware, applications, software, websites, API’s, products, and services.
Terms are an agreement between you and MED USA LIMITED, 240 S GARFIELD AVE STE A, MONTEREY PARK, CA 91754, U.S.A. When the Terms mention “MED USA LIMITED,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the LunaR Service.
You must accept these Terms to create a LunaR-account and to access or use the LunaR Service. If you do not have an account, you accept these Terms by using any part of the LunaR Service. If you do not accept these terms, do not create an account or use the LunaR Service.
2. Use of the LunaR Service
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the LunaR Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the LunaR Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the LunaR Service.
You may only connect to the LunaR Service using (i) a device that is manufactured, distributed, or sold by MED USA LIMITED itself or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”).
You may not connect to the LunaR Service with any device that is not manufactured, distributed, or sold by MED USA LIMITED itself or through its authorized resellers or agents (such as counterfeit version of a MED USA LIMITED device); otherwise intends to resemble or purports to be a MED USA LIMITED device; or any unauthorized application or third-party connection.
Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the LunaR Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact firstname.lastname@example.org.
3. Creating an account
Full use of the LunaR Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. MED USA LIMITED is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
Please contact email@example.com if you discover or suspect any security breach related to the LunaR Service or your account.
4. Necessary equipment
Full use of the LunaR Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the LunaR Service and it is your responsibility to ensure the equipment’s functionality.
5. What you can do on the LunaR Service
The LunaR Service is intended for your personal, non-commercial use.
MED USA LIMITED grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the LunaR Service, (2) access and use the software and mobile applications provided by the LunaR Service, and (3) use the software that is embedded into MED USA LIMITED devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of the LunaR Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the LunaR Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MED USA LIMITED or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the LunaR Service: (1) use, display, mirror, or frame the LunaR Service or any individual element within the LunaR Service, including the layout and design of any page, without MED USA LIMITED’s express written consent; (2) use any name owned by MED USA LIMITED, any trademark or logo owned by MED USA LIMITED, or any MED USA LIMITED proprietary information without MED USA LIMITED’s express written consent; (3) access or tamper with non-public areas of the LunaR Service, MED USA LIMITED’s computer systems, or the technical delivery systems of MED USA LIMITED’s providers; (4) test the vulnerability of any MED USA LIMITED system or breach any security or authentication measures; (5) circumvent any technological measure implemented by MED USA LIMITED or any of MED USA LIMITED’s providers or any other third party (including another user) to protect the LunaR Service; (6) access the LunaR Service or LunaR Content through the use of any mechanism other than through the use of an Authorized Connection, LunaR Service, LunaR API or any other MED USA LIMITED API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that MED USA LIMITED provides to you or any other part of the LunaR Service.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the LunaR Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in MED USA LIMITED’s sole discretion.
7. Our enforcement rights
We are not obligated to monitor access or use of the LunaR Service, but we have the right to do so for the purpose of operating the LunaR Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the LunaR Service or Your Content at any time and without notice, and at our sole discretion, if we determine that the LunaR Content, MED USA LIMITED Content, Your Content, or your use of the LunaR Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the LunaR Service, and in response may take any action we may deem appropriate.
8. Use the LunaR Service at your own risk
If you rely on any LunaR Content, MED USA LIMITED Content or the LunaR Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the LunaR Service, but we make no endorsement, representation, or warranty of any kind about any information or services. The accuracy of the data collected and presented through the LunaR Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the LunaR Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete
Use of the LunaR Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the LunaR Service.
9. Consult your doctor before using the LunaR Service
The LunaR Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the LunaR Service. If you experience a medical emergency, stop using the LunaR Service and consult with a medical professional.
We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the LunaR Service. If you engage in any exercise program you receive or learn about through the LunaR Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
Prolonged contact with wearable devices may contribute to skin irritation or allergies in some cases. To reduce irritation, follow four simple wear and care tips: (1) keep it clean, (2) keep it dry, (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear. If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your hands or wrists while or after wearing the product, remove your device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor.
10. Terms of Sale and returns and warranty
MED USA LIMITED’s Terms of Sale and Returns and Warranty Policy apply to purchases made from MED USA LIMITED. The Terms of Sale are incorporated into and made a part of these Terms. All orders placed are subject to MED USA LIMITED’s acceptance. We may accept, decline, or place limits on your order for any reason.
11. Feedback and submissions policy
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by MED USA LIMITED, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
12. Contests and giveaways
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by MED USA LIMITED or its partners. It is your responsibility to carefully review those terms and conditions.
13. Alerts and notifications
As part of your use of the LunaR Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the LunaR Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
14. Third-party services
15. Changes to the LunaR Service
MED USA LIMITED may change or discontinue, temporarily or permanently, any feature or component of the LunaR Service at any time without notice. MED USA LIMITED is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the LunaR Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by MED USA LIMITED products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the LunaR Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support or through the ‘Profile’ tab within the app. Upon any termination of these Terms or suspension, termination, or discontinuation of the LunaR Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22.
THE LUNAR SERVICE AND MED USA LIMITED CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE LunaR Service, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the LunaR Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the LunaR Service.
You will indemnify and hold harmless MED USA LIMITED or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the LunaR Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
19. Limitation of Liability
NEITHER MED USA LIMITED, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LUNAR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LUNAR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MED USA LIMITED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MED USA LIMITED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LUNAR SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO MED USA LIMITED FOR USE OF THE LUNAR SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MED USA LIMITED, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MED USA LIMITED AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
20. Dispute resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and MED USA LIMITED arising out of or relating to these Terms of Service, the LunaR Service, or any other MED USA LIMITED products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against MED USA LIMITED, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 90 days after submission, you or MED USA LIMITED may bring a formal proceeding.
We Both Agree To Arbitrate: You and MED USA LIMITED agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Exceptions to Agreement to Arbitrate: Either you or MED USA LIMITED may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the MED USA LIMITED products or LunaR Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with MED USA LIMITED on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and MED USA LIMITED agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and MED USA LIMITED consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the MED USA LIMITED products or LunaR Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
21. General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between MED USA LIMITED and you regarding the LunaR Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MED USA LIMITED and you regarding the LunaR Service.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the LunaR Service. When you use the LunaR Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without MED USA LIMITED’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MED USA LIMITED may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by MED USA LIMITED under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the LunaR Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
MED USA LIMITED’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MED USA LIMITED. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
22. Additional terms may apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at firstname.lastname@example.org or at our mailing address below.
MED USA LIMITED
240 S Garfield Ave Ste A
Monterey Park, CA 91754
These terms were last updated on 11/07/2018