Introduction and Use of Site

Welcome to lunainc.com  (“Site”).  Luna Innovations Incorporated “Luna” has created the Site to provide you with access to information about Luna and its products (“Contents”).  These Terms of Use (“Terms”) are meant to protect all of the visitors to this Site and your continued use of the Site signifies your agreement with these Terms.  If you do not agree with these Terms, stop use of this Site immediately.

The Site and Content are the property of Luna.  Reproduction or utilization of the Site and its Content, other than for non-commercial individual use, without the prior written consent of Luna, is prohibited.

Privacy Policy

For information regarding Luna’s use of information and privacy practices, please review its privacy policy which is available here.  

Luna’s Intellectual Property

The Site and Content may contain or reference certain intellectual property of Luna including but not limited to its trademarks, patents, copyrighted materials, trade secrets, or other proprietary rights of Luna (“Intellectual Property”).

No license to, or right in, any such Intellectual Property of Luna is granted to you by use of this Site, its Content, or otherwise.  None of the Site or Content may be copied or reproduced for any commercial use (including uploaded, downloaded, posted, or otherwise distributed in any way) without the prior written consent of Luna.

Prohibited Acts

You agree you will not attempt to obstruct or interfere with the Site in any way.  Specifically, you agree that you will not use any software, technology, or device of any kind to cause the Site or the Content to be compromised or negatively impacted.  You agree not to take any action to cause a large number of hits to the infrastructure of this Site in order to cause it to stop operating or to slow its operation.  You further agree to not take or cause any software, technology, or device to take any action to illegally interfere with the Site, Content, or operations of Luna.  This includes attempting to spoof any variation of the domain name of the Site or attempting to phish any employees, agents, or customers of Luna by fraudulently portraying yourself as associated with Luna.  Prohibited acts further include any action taken by you to cause harm to Luna, the Site, or the Content in any way.   

Warranty Disclaimer

ALL CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

IN PARTICULAR, WE MAKE NO WARRANTIES THAT THE CONTENT WILL BE UNINTERRUPTED.  WE ALSO MAKE NO WARRANTIES THAT THE CONTENT IS ERROR FREE OR THAT THE SERVERS THAT HOST SUCH CONTENT ARE ERROR FREE.  WE FURTHER MAKE NO WARRANTIES REGARDING THE OUTCOME OF YOUR USE OF THE CONTENT. 

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. The Site and Content may contain technical inaccuracies or typographical errors that are unintentional.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR BREACH OF CONTRACT, SHALL LUNA BE LIABLE FOR ANY  DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT.

Some jurisdictions may not allow the limitation or exclusion of liability or incidental, consequential or other damages, so the above limitation or exclusion may not apply to you.

Indemnification

By using this Site, you agree to indemnify Luna  against any and all liabilities in connection with any claim arising out of any breach by you of these Terms.  You further agree to pay all of Luna’s attorneys’ fees and costs in connection with any breach by you of these Terms.  You further agree to pay Luna’s attorneys’ fees and costs in connection with any action brought by either you or Luna, in which you are deemed to be liable or in which your claims against Luna are dismissed.  

Governing Law and venue

The Site and Content are generated by Luna from its headquarters in the Commonwealth of Virginia.  We make no representation that the services described within the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site and Content contain information regarding Luna’s products, not all of which are available in every location. 

For purposes of jurisdiction, by offering this website online, Luna does not consent to any jurisdiction other than that of the Commonwealth of Virginia for any lawsuit.  Luna does not intend to be hailed into the courts of any other jurisdiction other than those in the Commonwealth of Virginia by offering this website online. 

You agree by using the Site and the Content that it is governed by laws of the Commonwealth of Virginia, without regard to its conflicts of laws provisions.  You further agree that if any action or lawsuit is brought against Luna for any reason it must be brought within the Commonwealth of Virginia in the Circuit Court for the City of Roanoke or within the United States District Court for the Western District of Virginia, Roanoke Division.  In the event of a lawsuit, you agree to enter into a mediation of any claim at any time at the request of Luna.

Modification of Terms

These Terms may be modified, amended, or updated at any time without notice.  Such modifications, amendments, or updates are immediately effective upon posting to the Site.  You agree to be bound by such modified, amended, or updated Terms if you access or use this Site after we have posted such changes.  These Terms were last modified September 17, 2018.

Requests for Information

If you have any questions about the Site, please email solutions@lunainc.com.