Terms of Use for the Luna Innovations Web Site

Welcome to the lunainnovations.com Web site (this “Site”). This Site is owned and operated by Luna Innovations Incorporated. Please read these Terms of Use carefully before using this Site. By accessing or using this Site in any way, including without limitation, browsing this Site, using any information, and/or subscribing to an online edition of a newspaper, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including conducting this transaction electronically.

These Terms were last updated on July 13, 2007.

    1. Use of this Site
      • Ownership. This Site is for your personal and noncommercial use. All contents of this Site are owned by the Site’s publishers. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of this Site transfers any right, title or interest in the Site or the Content to you, and Luna Innovations Incorporated and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.
      • Restrictions. Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express permission of Luna Innovations Incorporated. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site.
      • Site Interruptions; Site Content. This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
      • Third Party Information. Certain materials on this Site may be furnished by third parties, including any advertisements. Certain product, service, or company designations for companies other than Luna Innovations Incorporated may be mentioned in the Site for identification purposes only. A reference to a product or service on this Site does not imply that such product or service is or will be available in your location. Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
      • No License. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
    1. User Conduct

      By using this Site, including all Content and services available through it, you agree that you shall not:

      • Delete, modify, hack or attempt to change or alter any of the Content on the Site;
      • use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
      • use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
      • use any Luna Innovations Incorporated names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
      • use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
      • upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; or
      • provide false information on your Contact Form or in any Subscription, or impersonate someone else.

 

    1. Permissible Use

      Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:

      • The Content is used solely for personal, informational, or internal business purposes;
      • the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
      • all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
      • the Content is not modified or altered in any way; and no graphics are used separately from accompanying text.

 

You may also link or hyperlink to this Site from any Acceptable Site (as defined below), but only if:

 

      • you do not “frame” this Site or any portion of this Site;
      • the hyperlink to this Site is not used in a way that suggests that Luna Innovations Incorporated endorses you or your website;
      • the link to this Site is not used or presented in any way that disparages Luna Innovations Incorporated or tarnishes, blurs or dilutes the quality of Luna Innovations Incorporated’s names or trademarks or any associated goodwill; and
      • the link to this Site is not displayed on any web page that displays objectionable content or links.

 

An “Acceptable Site” means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.

 

    1. Modifications To Terms

      Luna Innovations Incorporated may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of this Site.

    2. Termination of Site/Modifications To Site

      Luna Innovations Incorporated reserves the right to modify or terminate your access to this Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Luna Innovations Incorporated may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that Luna Innovations Incorporated will not be liable to you or any third party in the event that Luna Innovations Incorporated exercises its right to modify or terminate access to this Site or portions of the Site.

    3. Your Privacy

      Luna Innovations Incorporated uses any information collected through this Site for internal purposes only. We may use your information to send you correspondence relating to Luna Innovations Incorporated products, technologies and services or to support your continued relationship with Luna Innovations Incorporated. Should you send us your comments or questions via email to any email address provided on our Site, we use your communication until we have done our very best to provide you with a complete and satisfactory response and then we will either discard it or, in some cases, archive it. We may disclose personal information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of the Site; or (4) protect the personal safety or property of our users or the public. We do not sell, rent or otherwise knowingly disclose our mailing lists or other personally identifiable information you may provide without your consent.

    4. Copyright Infringement

      In accordance with the Digital Millennium Copyright Act (“DMCA”) http://lcweb.loc.gov/copyright/, Luna Innovations Incorporated has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Luna Innovations Incorporated will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at: VP & General Counsel, Luna Innovations Incorporated, 1703 S. Jefferson St. SW, Suite 400, Roanoke, VA 24016, or through the address set forth at the end of this page. When notifying Luna Innovations Incorporated of the alleged copyright infringement, please include all of the following information:

      • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
      • identification of the copyrighted work alleged to have been infringed; a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
      • information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
      • a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

 

If material is believed in good faith by Luna Innovations Incorporated to infringe a copyright or otherwise violate any Intellectual Property Rights, Luna Innovations Incorporated will remove or disable access to any such material.

 

    1. Other Sites, Content, Products and Services

      As a convenience to you, this Site may provide links to websites and access to content, products and services of third parties, including without limitation, Luna Innovations Incorporated’s strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. Luna Innovations Incorporated does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Luna Innovations Incorporated, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with advertisers other than Luna Innovations Incorporated found on or through this Site.

    2. Typographical Errors

      Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Luna Innovations Incorporated therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

    3. Disclaimer

      TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. LUNA INNOVATIONS INCORPORATED AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. LUNA INNOVATIONS INCORPORATED MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (C) THE QUALITY OF ANY SUBSCRIPTION, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

    4. Limitation of Liability

      IN NO EVENT SHALL LUNA INNOVATIONS INCORPORATED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF LUNA INNOVATIONS INCORPORATED HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

    5. Indemnity

      You agree to indemnify, defend and hold Luna Innovations Incorporated, its shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content (including any use by your employees), your violation of these Terms or your violation of any rights of another.

    6. Acknowledgement

      You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

    7. General

      If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Luna Innovations Incorporated’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms and the Privacy Policy as posted from time to time by Luna Innovations Incorporated on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

    8. Contact Information

      If you have any questions about these Terms or your dealings with this Site, please contact us through the address below.

       

      Address: Luna Innovations Incorporated
      General Counsel
      1 Riverside Circle, Suite 400
      Roanoke, VA 24016

 

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