Eluña Noelle Terms of Use
Last updated: June 14th, 2024
Eluna Noelle LLC (“Eluña Noelle”, “we” or “us”) operate an online store and membership platform (“Eluña Noelle Website”) located at elunanoelle.com from which you may purchase products and services (“Eluña Noelle Services”).
These Terms of Use apply to the content and functionality from Eluña Noelle, and to Eluña Noelle Services. These Terms of Use do not apply to products or services that we make available pursuant to different terms.
1. Information that you provide to us
You may give us information about yourself when you visit the Eluña Noelle Website. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Eluña Noelle Website and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important notifications that may limit your awareness of events, invitations and important updates about your account.
2. Eluña Noelle IP
As between you and Eluña Noelle, Eluña Noelle and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in Eluña Noelle (collectively, “Eluña Noelle IP”). Eluña Noelle IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Eluña Noelle IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements for Eluña Noelle or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Eluña Noelle has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to Eluña Noelle Website
Eluña Noelle grants you a limited, revocable, non-exclusive, non-transferable license to access the Eluña Noelle Website. This license does not include a right to use any of the content and information, including product listings. Your permissions and/or licenses are automatically terminated by any unauthorized use.
4. Products, Content and Specifications
Details of the products and services available for purchase in the Eluña Noelle Website (“Eluña Noelle Services”) are set out in the Eluña Noelle Website. All features, content, specifications, products and prices of products and services described or depicted in the Eluña Noelle Website are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Eluña Noelle Website due to the limitations of the systems that you use to access the Eluña Noelle Website. The inclusion of any products or services in the Eluña Noelle Website at a particular time does not imply or warrant that these products or services will be available at any time.
5. Subscriptions
a. Subscription terms. We may offer you the ability to purchase subscriptions via the Eluña Noelle Website. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us.
c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
6. Your account
We may require that you create an account to access the Eluña Noelle Website, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
7. No warranties
We provide the Eluña Noelle, Eluña Noelle IP, Eluña Noelle Website and Eluña Noelle Services “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Eluña Noelle or obtained by you from or through the Eluña Noelle Website – whether from Eluña Noelle or another entity, and whether oral or written – creates or implies any warranty from Eluña Noelle to you.
Eluña Noelle disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Eluña Noelle Website; (b) that the Eluña Noelle Services will meet your specific needs or requirements; (c) that the Eluña Noelle Website will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Eluña Noelle will correct any defects or errors in the Eluña Noelle Website; or (e) that the Eluña Noelle Website is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Eluña Noelle Website is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
8. Limitation of liability
Under no circumstances will Eluña Noelle be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Eluña Noelle Website or for the unavailability of the Eluña Noelle Website, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Eluña Noelle Website, even if such damages are foreseeable, and whether or not you or Eluña Noelle has been advised of the possibility of such damages. Eluña Noelle is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Eluña Noelle Website or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Eluña Noelle further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Eluña Noelle Website inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Eluña Noelle Website; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Eluña Noelle Website; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
Eluña Noelle Website, Eluña Noelle IP, and Eluña Noelle Services are not medical advice. Eluña Noelle is not responsible for any medical decisions, lifestyle changes or actions taken based on Eluña Noelle information or services. Information found on the Eluña Noelle Website or social media are for informational and entertainment purposes only.
9. Applicable law
By using the Eluña Noelle Website, you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Eluña Noelle.
10. Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Eluña Noelle Website by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.
11. Our address
Eluna Noelle LLC
PO Box 472
Woodacre, California, 94973, USA
www.elunanoelle.com