Terms and Conditions

USING THIS WEBSITE

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

GENERAL TERMS

  • Orders may take 24 to 72 hours to be processed.

  • Bike orders can take as long as 4 business days to process

  • All prices are subject to change without notice.

  • Prices and images are subject to change without notice.

  • Minor aesthetic substitutions may be made when necessary, contact support if there is an issue and we will do our best to assist.

  • We are not responsible for typographical errors, illustrative errors, or information that is out of date.

  • We accept all major credit cards (VISA, MASTER CARD, DISCOVER) and PayPal.

  • These terms of use are subject to change at any time.

INHERENT RISKS OF E-BIKES OR ELECTRIC OFF-ROAD VEHICLES.

Terms & Conditions RELEASE OF LIABILITY AND ASSUMPTION OF RISK The individual named below (referred to as “I” or “me”) desires to purchase an Electric Bike, Electric Off-Road Vehicle, or eBike (the “Activity”) provided by Luna Cycles, LLC, a California Limited Liability Company with offices located in California (the “Company”). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this Release of Liability and Assumption of Risk (this “Release”).  I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the Company, and its officers, directors, managers, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This Release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement. I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Activity, including those claims that may be unknown to me, or which I do not suspect to exist at this time. I shall defend, indemnify, and hold harmless the Company (and all other Releasees) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Company (or any other Releasees) arising out of or resulting from any claim of a third party related to my participation in the Activity, including any claims arising out of my own negligence or the ordinary negligence of the Company. I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall insure to the benefit of the Company and me and their respective heirs, successors, and assigns. BY AGREEING TO THIS CONTRACT, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF [MY PARTICIPATION IN] THE ACTIVITY.

Legality of off-road bikes

Some of our bikes are sold as off-road bikes. We designate in our product ads which of our bikes is for off road use. This means they are intended for use on private property, private roads, recreational off road riding areas, racing tracks. These bikes are speed limited to 20, 25 or 28mph. In many jurisdictions it may be legal to ride on public roads if the speed limiter is not tampered with.  It is up to the operator to research his/her local laws to see where the bikes are allowed to be ridden. Electric dirt bikes are a new and exciting phenomenon  and we ask all riders to use a lot of common sense where they ride and how they ride.

 

 

  1. Intended Use: our off road bikes are  designed for off-road use only and should not be ridden on public roads and bike lanes.

  2. Safety Gear: Always wear appropriate safety gear when operating the bike. This typically includes a DOT-approved helmet, gloves, protective eyewear, long pants, long-sleeved shirt or jacket, and over-the-ankle boots.

  3. Licensing and Registration: Since some of our products are off-road bikes, they might not be street-legal and they might not be eligible for registration or street use in many regions. Riders should avoid public roads and streets unless they have the proper license and the bike is registered and equipped for such use.

  4. Ride within Your Limits: Always operate the bike at speeds and in conditions that are within your skill level and within the limits mandated by law.

  5. Environmental Considerations: Avoid riding in sensitive environmental areas. Stick to designated trails and avoid creating new paths, which can harm local ecosystems.

  6. Alcohol and Drugs: Never operate the bike under the influence of alcohol, drugs, or any other substances that can impair judgment or motor skills.

  7. Maintenance: Regularly inspect and maintain the bike according to the manufacturer's recommendations. This not only ensures the longevity of the bike but also the safety of the rider.

  8. Passengers: Do not carry passengers unless the bike is specifically designed to do so.

  9. Children: We recommend no one under 16 rides our off-road bikes. 

  10. Local Laws and Regulations: Always be aware of and comply with local laws and regulations related to off-road biking. Some areas may have specific rules about where and when off-road vehicles can be used.

  11. Training: Especially for new riders, consider taking a formal training course on off-road riding. Riding techniques for off-road conditions can be very different from street riding.

  12. Night Riding: Avoid riding at night or in low-visibility conditions unless the bike is equipped with proper lighting and you're familiar with the terrain.

  13. Weather Conditions: Exercise extra caution in adverse weather conditions. Wet, muddy, or icy conditions can greatly affect the handling and safety of the bike.

 

Lithium-Ion Battery Safety Guidelines


ALWAYS follow the manufacturer’s instructions for charging and storage. Only use the original manufacturer’s battery, cord, and power equipment to charge the lithium-ion battery. Only use the battery specifically designed for your bike.

ALWAYS charge the lithium-ion battery at room temperature. If the battery is still warm from usage, allow time for the battery to cool before charging. DO NOT charge the lithium-ion battery at temperatures below 32°F (0°C) or above 105°F (40°C).

ALWAYS store your lithium-ion battery in a well-ventilated area that has a fire detection system. Avoid any sun exposure, water (especially salt water), humidity, and/or condensation. Keep the lithium-ion battery away from any heat source or any flammable materials, such as paper, under or on a pillow, bed, or couch. DO NOT place the battery in or near fire, stoves, microwaves, or other heating devices.

NEVER attempt to modify or service your bike battery system. Batteries are part of a larger system within the e-bike. It’s not just the battery but also the sensors, motor, controller, and other components. Altering a component within the system can impact the safety of the system, which can result in property damage, severe injury or death.

ALWAYS plug the lithium-ion battery charger directly into a wall outlet. NEVER use power strips or extension cords to charge your lithium-ion batteries. DO NOT stack or cluster the lithium-ion batteries together while charging or storing. Charging multiple batteries with inadequate electrical support is a major safety hazard.


ALWAYS monitor the battery and charger when charging; NEVER leave it unattended or overnight. Do not keep charging the lithium-ion battery after it is fully charged. DO NOT store the battery at 30% of charge or below. The ideal state of charge for short and long term storage is 60%.

DO NOT use the battery or charger if your battery has been opened, damaged, punctured, burned, been smoking, or has been on fire. Inspect the battery and charger before and after each use.

NEVER use a battery if it shows signs of physical or mechanical damage such as a change of shape, discoloration of the battery’s shell, leaking, odor, a sign of corrosion, odd noises, loose or damaged wires/connectors, or known misuse.

NEVER place a lithium-ion battery in the trash or in a recycling bin; it is illegal. DO NOT put discarded batteries into piles. To properly dispose of lithium-ion batteries, take them to a battery recycling location or contact your local waste management service provider for disposal instructions.

 

 

INHERENT RISK OF LITHIUM-ION BATTERIES

 

  • Lithium-Ion batteries (and other rechargeable batteries) are potentially dangerous. Lithium Ion batteries, especially when subjected to abusive conditions, may become hot, explode, and/or ignite and can cause serious injury to person or damage property. Luna Cycle holds no responsibility for any injury or damage caused by the use of any Lithium-Ion batteries (or other rechargeable batteries). You, the purchaser and/or user of any Lithium-Ion Battery or product containing Lithium-Ion Batteries are responsible for the use of such products.

  • Never modify a lithium battery. Modifying an electric bike battery pack is highly discouraged because it can compromise the internal integrity of the pack. Such alterations can lead to unpredictable battery behavior, increasing the risk of fires due to thermal runaway. Our battery pack technology is the result of years of development with the goal of making them as safe as possible and compliant with regulatory bodies, any modification will make the pack simply unsafe. Tampering with the battery will void the manufacturer's warranty, and releases Luna Cycle from any liability in case of an incident.

  • Only use the battery brand and model specifically designed for your bike.

  • When using a Lithium-Ion battery, never connect the positive and negative terminals of the battery to each other with any conductive material (also known as a "short" or "shorting" the battery).

  • Keeping your battery in a safe location can help reduce, but not necessarily eliminate, the risks associated with using a Lithium-Ion battery. Never expose your battery to water (especially salt water), allow the battery to get wet, nor store the battery in any location where it may come into contact with water. Always keep your battery in a cool location, and out of direct sunlight. The inside of cars can regularly be tens of degrees higher than the outside temperature, especially during summer and when the car is in direct sunlight. Do not place the battery in or near fire, stoves, microwaves, or other heating devices.

  • Always turn your battery off when not in use. Never charge your battery when unattended. Never allow the battery to become overcharged. Even with the use of recommended smart chargers, damaged or malfunctioning batteries can still become overcharged and become hot, ignite, or explode. Due to this risk, never charge your battery unattended. Immediately discontinue use if at any time the battery emits an odor, feels hot, changes shape or color, or appears abnormal in any way. Never use water to cool down an overheated battery. Never compress, put excessive pressure on, or puncture your battery. 

  • Only use the charger that came with your battery pack and was designed for your pack.

 

 

Ownership and Shipping

Once you pay for the product and we deliver it to the shipping carrier, ownership of the product is transferred to you.  Shipping bikes across country can result in minor cosmetic damage to ebikes. If you receive a damaged box be sure to document the damage to the box before opening and show the delivery person.  If damage occurs during shipping it is your responsibility to  make a claim with the shipping company. If the shipping company does  not cover the shipping damage then Luna will do our best to  work with you to come up with an amicable solution.

SHIPPING TERMS

  • Your shipping/handling fee is determined by the package’s weight and destination. Value is also determined for insurance purposes only. Some orders are shipped in multiple package.

  • Unless otherwise specified, all shipments are sent by USPS. Expedited services are available upon request, additional charges will incur.

  • Shipping & Handling charge is calculated based on weight and number of boxes.

  • We do not ship to APO/FPO, P.O Box addresses.

  • We only ship to the billing address of the credit card or alternatively an address approved by the credit card company as an authorized address.

  • All customers are responsible for taxes and custom duties where applicable (i.e. shipping outside USA)

RETURN POLICY

See the returns page for return policy

CANCELLATION

  • All orders must be canceled within 48 hours. While we may attempt to cancel / hold / make changes if the order has not shipped, we can not make promises on the outcome.

  • Once the order has shipped it cannot be canceled.

Support

Our support team wants to help you. Towards that end, if you need support we ask that you be prepared to send picture or video of the issue so we can best help you. If picture or video is not provided when Luna requests it, then support will be limited. Similarly if you refuse to troubleshoot with us when needed we may not be able to assist as much as possible.

Products are not warrantied for commercial or competition use (pedicabs, delivery vehicles, rental companies)

 

Warranty Disclaimer

With the exception of our prebuilt ebikes or on listings where it is explicitly stated, this site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Luna Cycle LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Luna Cycle LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Luna Cycle LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Note: If you run into a problem we will still do our best to help you, and we encourage anyone having problems to make use of the many resources available, including contacting us directly, or on our forum.

Looking for the warranty on our bikes? See this page

ACCEPTABLE USE POLICY

  • These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by LunaCycle without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

  • Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, or otherwise toxic behavior, is strictly forbidden.

  • Impersonation of others, including a LunaCycle or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.

  • You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

  • You agree to indemnify, defend, and hold harmless LunaCycle, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

  • Scamming, fraud or other attempts to obtain parts, services or money through false information is prohibited and will result in being blocked from all further purchases, communication, and customer support.

Trademarks

All trademarks, service marks and trade names of Luna Cycle LLC used in the site are trademarks or registered trademarks of Luna Cycle LLC

Limitation of Liability

Luna Cycle LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site, sold by Luna Cycle LLC, or the performance of the products, even if Luna Cycle LLC has been advised of the possibility of such damages. All products Sold by Luna Cycle LLC are for OFF ROAD USE ONLY. You agree to indemnify, defend, and hold harmless Luna Cycle LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

COPYRIGHT INFORMATION

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Luna Cycle LLC. The collective work includes works that are licensed to Luna Cycle LLC. Copyright 2018, Luna Cycle LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Luna Cycle LLC or purchasing Luna Cycle LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Luna Cycle LLC or to purchase Luna Cycle LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Luna Cycle LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

 

Typographical Errors

In the event that a Luna Cycle LLC product is mistakenly listed at an incorrect price, Luna Cycle LLC reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. Luna Cycle LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Luna Cycle LLC shall issue a credit to your credit card account in the amount of the incorrect price.

 

Termination/access restriction

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Luna Cycle LLC without notice at any time, for any reason.

Luna Cycle LLC reserves the right, in its sole discretion, to terminate or refuse your access to this site and the related services or any portion thereof, or to terminate your accounts and/or cancel orders at any time, without notice, if Luna Cycle LLC believes that your conduct violates the terms and conditions contained herein or applicable law or is harmful to the interests of Luna Cycle LLC or its other customers. The provisions relating to Copyrights, Trademarks, Disclaimers, Limitations of Liability, and Indemnification and Miscellaneous shall survive cessation or termination of your use of this website.

 

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the State of California of the United States of America without regard to conflicts of law principles, and not in any way by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products sold by Luna Cycle LLC) shall be in the state or federal courts located in El Segundo, California (and agree not to commence any litigation relating thereto except in such courts). Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of products sold by Luna Cycle LLC) must be commenced within one (1) year after the claim or cause of action arises. Luna Cycle LLC’s failure to insist upon or enforce strict performance of any provisions of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Luna Cycle LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Luna Cycle LLC as a result of your use of this site. Luna Cycle LLC’s performance hereunder is subject to existing laws and legal process, and nothing contained herein shall be construed to be in derogation of Luna Cycle LLC’s right or duty to comply with governmental, court and law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Luna Cycle LLC with respect to such use. If any part or provision of these Terms & Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms & Conditions of Use shall continue in effect. Unless otherwise specified herein, the Terms & Conditions of Use specified herein constitute the entire agreement between you and Luna Cycle LLC with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Luna Cycle LLC with respect to this site. A printed version of these Terms & Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Luna Liability

WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR SUCH LOSSES SHALL BE NO MORE THAN THE AMOUNT OF PURCHASE OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES. THESE TERMS DO NOT EXCLUDE OR LIMIT OUR LIABILITY (IF ANY) FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; (ii) FRAUD; (iii) FRAUDULENT MISREPRESENTATION; OR (iv) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY. YOU MAY HAVE OTHER RIGHTS GRANTED BY LAW AND THESE TERMS DO NOT AFFECT SUCH RIGHTS.

Acknowledgement and Indemnification

You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the ebikes, whether intended or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of Luna. You agree to release, waive, defend, indemnify, and hold Luna and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your purchase or use of any Products; (b) any violation by you of these Terms; or (c) your violation of another party’s rights or applicable law. Luna reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Luna in asserting any available defenses.

16. Dispute Resolution and Binding Arbitration

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. YOU AND LUNA AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND LUNA WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

  1. This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and RPB, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or LUNA’s marketing or advertising (“Claims”).

  2. You still have the right to bring individual Claims in small claims court, to the extent that you qualify.

  3. Luna will pay the arbitration/arbitrator fees.

  4. Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org

  5. Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules.

  6. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

  7. Claims may not be arbitrated on a class or representative basis. You and Luna agree to arbitration only on an individual basis. Neither you nor Luna may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.

  8. You and Luna agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

  9. This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).

Notice and Updates

Luna will provide all notices (including legal process) that Luna is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to Luna. You acknowledge that if you do not provide Luna with current and accurate contact information, Luna may not be able to contact you.

 

If you have any questions regarding LunaCycle's Terms and Conditions, please email us at support@lunacycle.com