Loon'r Terms & Conditions
Last Updated: 9/1/24
Welcome to loonr.com! These Terms & Conditions (“Terms”) govern your use of the loonr.com website (the “Site”). By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site. We may update these Terms from time to time, and your continued use of the Site constitutes acceptance of those changes, so please check back regularly.
Use of the Site
Loon'r grants you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes, including browsing our products, making purchases, and using any services available on the Site. You must be at least 16 years old to use the Site. By using the Site, you represent that you meet this age requirement. Unauthorized use of the Site is strictly prohibited.
Account Creation and Security
You may create an account on our Site to enhance your shopping experience. You agree to provide accurate and current information when creating an account and to keep your login credentials confidential. You are responsible for all activities under your account. If you suspect unauthorized access to your account, notify us immediately.
Intellectual Property Rights
All content on the Site, including but not limited to text, images, graphics, logos, videos, software, and design, is the property of Loon'r or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, distribute, modify, create derivative works from, publicly display, or transmit any content from the Site without prior written consent from Loon'r.
Permitted Uses:
- Temporary storage of copies in RAM incidental to accessing and viewing the content.
- Files automatically cached by your web browser for display enhancement.
- Printing one copy of a reasonable number of pages for personal, non-commercial use.
Prohibited Uses:
- Modifying copies of any materials from the Site.
- Deleting or altering any copyright, trademark, or other proprietary notices.
- Using the Site or any content for commercial purposes without our consent.
- Using the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site.
Product Information and Availability
We strive to provide accurate product descriptions and images on the Site. However, we do not guarantee that the colors, features, or other content will be exactly as displayed on your device. Product availability is subject to change without notice. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice, including after you have submitted an order.
Pricing and Payment
Prices for products are quoted in U.S. Dollars and are subject to change at any time. You agree to pay all charges at the prices then in effect for your purchases, including applicable taxes and shipping charges. Payments may be made using credit/debit cards or other accepted payment methods as specified on the Site. We use third-party payment processors, and all transactions are subject to their terms and conditions.
Order Process and Acceptance
Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order at any time after receipt. If your order is canceled after payment has been processed, we will issue a refund.
Shipping and Returns
Please refer to our [Shipping & Returns Policy] for details on our shipping and returns procedures. We are committed to providing a smooth and efficient process, but if issues arise, please contact us for assistance.
Limitation of Liability
To the fullest extent permitted by law, Loon'r, its affiliates, and their respective officers, directors, employees, agents, and licensors will not be liable for any direct, indirect, incidental, special, or consequential damages arising from or related to your use of the Site or the products purchased through the Site. This includes, but is not limited to, damages for loss of profits, loss of data, or any other damages resulting from your use or inability to use the Site.
Disclaimer of Warranties
The Site, including all content, products, and services available through it, is provided “as is” and “as available” without any warranties of any kind, either express or implied. Loon'r disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components. You are responsible for implementing sufficient procedures to satisfy your requirements for data accuracy and security.
Indemnification
You agree to indemnify, defend, and hold harmless Loon'r, its affiliates, licensors, and service providers, and their respective officers, directors, employees, agents, contractors, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms.
Arbitration Agreement
Dispute Resolution:
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
Waiver of Class Action:
You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action. By agreeing to these Terms, you waive your right to participate in a class action.
Governing Law:
This arbitration agreement is governed by the Federal Arbitration Act (FAA).
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be instituted in the federal or state courts located in Boulder, Colorado, and you consent to the exclusive jurisdiction of such courts.
No Confidentiality
Should you choose to contact Loon'r through any forms on the Site, any information, feedback, data, questions, comments, suggestions, or the like shall be deemed non-confidential. Loon'r shall be free to reproduce, use, disclose, and distribute such information to others without limitation or compensation, provided that Loon'r will always comply with its Privacy Policy.
Termination
We reserve the right to terminate or suspend your access to all or part of the Site at any time, without notice, for any reason, including if we believe you have violated these Terms. Upon termination, you must cease all use of the Site and destroy any copies of the Site's content in your possession.
Miscellaneous
These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and Loon'r regarding your use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Contact Information
For any questions or concerns regarding these Terms, please contact us at support@loonr.com or 303-578-8975.