Terms of Use

Last Modified: February 8, 2023

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you (either as an individual or on behalf of the legal entity you represent) and Lunar Outpost Inc. (“Lunar Outpost”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of https://lunaroutpost.com/, including any content, functionality and services offered on or through https://lunaroutpost.com, the Lunar Outpost Monitoring Data portal located at www.lunaratmo.com, and any other website operated by Lunar Outpost, whether as a guest or a registered user, and any Lunar Outpost mobile or desktop apps (collectively, the “Lunar Outpost Platform”).  The Terms of Use apply to all users of the Lunar Outpost Platform.

Please read the Terms of Use carefully before you start to use the Lunar Outpost Platform. By using the Lunar Outpost Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Lunar Outpost Privacy Policy found at https://lunaroutpost.com/privacy/ and incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Lunar Outpost Platform.

This Lunar Outpost Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Lunar Outpost Platform, you represent and warrant that you are of legal age to form a binding contract with Lunar Outpost and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Lunar Outpost Platform.

2. Changes to the Terms of Use

Lunar Outpost may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when Lunar Outpost posts them and apply to all access to and use of the Lunar Outpost Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Lunar Outpost Platform.

Your continued use of the Lunar Outpost Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

3. Accessing the Lunar Outpost Platform and Account Security

Lunar Outpost reserves the right to withdraw or amend the Lunar Outpost Platform, and any service or material provided on the Lunar Outpost Platform, in Lunar Outpost’s sole discretion without notice. Lunar Outpost will not be liable if for any reason all or any part of the Lunar Outpost Platform is unavailable at any time or for any period. From time to time, Lunar Outpost may restrict access to some parts of the Lunar Outpost Platform, or the entire Lunar Outpost Platform, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Lunar Outpost Platform.
• Ensuring that all persons who access the Lunar Outpost Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Lunar Outpost Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Lunar Outpost Platform that all the information you provide on the Lunar Outpost Platform is correct, current and complete. You agree that all information you provide to register with this Lunar Outpost Platform, post on the Lunar Outpost Platform, or otherwise, including but not limited to through the use of any interactive features on the Lunar Outpost Platform, is governed by the Lunar Outpost Privacy Policy, and you consent to all actions Lunar Outpost takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of Lunar Outpost security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Lunar Outpost Platform or portions of it using your user name, password or other security information. You will be responsible for all activities that occur under that account.  You agree to notify Lunar Outpost immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Lunar Outpost in its sole discretion deems offensive.

Lunar Outpost has the right to disable any user name, password or other identifier, whether chosen by you or provided by Lunar Outpost, at any time in its sole discretion for any or no reason, including if, in Lunar Outpost’s opinion, you have violated any provision of these Terms of Use.

4. Intellectual Property Rights

The Lunar Outpost Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Lunar Outpost, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Lunar Outpost Platform for your personal, non-commercial use only, or for legitimate business purposes relating to your role as customer or vendor of Lunar Outpost subject to any separate agreement with Lunar Outpost. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Lunar Outpost Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download a reasonable number of pages of the Lunar Outpost Platform for your own personal, non-commercial use, or for legitimate business purposes relating to your role as a supplier or customer of Lunar Outpost, and not for further reproduction, publication or distribution.
• If Lunar Outpost provides desktop, mobile or other applications for download, you may download that software to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Lunar Outpost’s end user license or services agreement for such applications.

You must not:

• Modify copies of any materials from the Lunar Outpost Platform.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Lunar Outpost Platform.

Except as otherwise agreed to between you and Lunar Outpost, you must not reproduce, duplicate, copy, sell, trade, resell, exploit, access or use for any commercial purposes any part of the Lunar Outpost Platform or any services or materials available through the Lunar Outpost Platform.

If you wish to make any use of material on the Lunar Outpost Platform other than that set out in this section, please address your request to: info@LunarOutpost.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Lunar Outpost Platform in breach of the Terms of Use, your right to use the Lunar Outpost Platform will cease immediately and you must, at Lunar Outpost’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Lunar Outpost Platform or any content on the Lunar Outpost Platform is transferred to you, and all rights not expressly granted are reserved by Lunar Outpost. Any use of the Lunar Outpost Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.  LUNAR OUTPOST INTENDS TO FULLY PROSECUTE ALL VIOLATIONS OF APPLICABLE LAW AND PURSUE ALL AVAILABLE REMEDIES.

5. Trademarks

The Lunar Outpost trademark and logos, and all related names, logos, product and service names, designs and slogans, are trademarks of Lunar Outpost or its affiliates or licensors. You must not use such marks without the prior written permission of Lunar Outpost. All other names, logos, product and service names, designs and slogans on this Lunar Outpost Platform are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Lunar Outpost Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Lunar Outpost Platform:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate Lunar Outpost, a Lunar Outpost employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Lunar Outpost Platform, or which, as determined by Lunar Outpost, may harm Lunar Outpost or users of the Lunar Outpost Platform or expose them to liability.

Additionally, you agree not to:

• Use the Lunar Outpost Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Lunar Outpost Platform, including their ability to engage in activities through the Lunar Outpost Platform.
• Use any robot, spider or other automatic device, process or means to access the Lunar Outpost Platform for any purpose, including monitoring or copying any of the material on the Lunar Outpost Platform.
• Use any manual process to monitor or copy any of the material on the Lunar Outpost Platform or for any other unauthorized purpose without Lunar Outpost’s prior written consent.
• Use any device, software or routine that interferes with the proper working of the Lunar Outpost Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Lunar Outpost Platform, the server on which the Lunar Outpost Platform is stored, or any server, computer or database connected to the Lunar Outpost Platform.
• Attack the Lunar Outpost Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Lunar Outpost Platform.

7. User Contributions

The Lunar Outpost Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Lunar Outpost Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Lunar Outpost Platform, you grant Lunar Outpost and its affiliates and service providers, and each of their and Lunar Outpost’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Lunar Outpost and Lunar Outpost’s affiliates and service providers, and each of their and Lunar Outpost’s respective licensees, successors and assigns.
• All of your User Contributions are truthful, accurate, appropriate and comply with applicable law.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Lunar Outpost, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Lunar Outpost is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Lunar Outpost Platform.

8. Monitoring and Enforcement; Termination

Lunar Outpost has the right to:

• Remove or refuse to post any User Contributions for any or no reason in its sole discretion. Lunar Outpost may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
• Take any action with respect to any User Contribution that Lunar Outpost deems necessary or appropriate in Lunar Outpost’s sole discretion, including if Lunar Outpost believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Lunar Outpost Platform or the public or could create liability for Lunar Outpost.
• Disclose your identity or other information, per applicable law, about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Lunar Outpost Platform.
• Terminate or suspend your access to all or part of the Lunar Outpost Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Lunar Outpost has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Lunar Outpost to disclose the identity or other information of anyone posting any materials on or through the Lunar Outpost Platform. YOU WAIVE AND HOLD HARMLESS LUNAR OUTPOST AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Lunar Outpost cannot and does not undertake to review all material before it is posted on the Lunar Outpost Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Lunar Outpost assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Lunar Outpost has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions and use of the Lunar Outpost Platform. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Lunar Outpost’s Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by Lunar Outpost or any other person or entity, if this is not the case.

10. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see Lunar Outpost’s Copyright Policy set forth below for instructions on sending Lunar Outpost a notice of copyright infringement. It is the policy of Lunar Outpost to terminate the user accounts of repeat infringers.

11. Reliance on Information Posted

The information presented on or through the Lunar Outpost Platform is made available solely for general information purposes. Lunar Outpost does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Lunar Outpost disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Lunar Outpost Platform, or by anyone who may be informed of any of its contents.

The Lunar Outpost Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Lunar Outpost, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Lunar Outpost. Lunar Outpost is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Changes to the Lunar Outpost Platform

Lunar Outpost may update the content on the Lunar Outpost Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Lunar Outpost Platform may be out of date at any given time, and Lunar Outpost is under no obligation to update such material.

13. Information About You and Your Visits to the Lunar Outpost Platform

All information Lunar Outpost collects on this Lunar Outpost Platform is subject to Lunar Outpost’s Privacy Policy. By using the Lunar Outpost Platform, you consent to all actions taken by Lunar Outpost with respect to your information in compliance with the Privacy Policy.

14. Linking to the Lunar Outpost Platform and Social Media Features

You may link to the Lunar Outpost Platform homepage, provided you do so in a way that is fair and legal and does not damage Lunar Outpost’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Lunar Outpost’s part without Lunar Outpost’s express written consent.

The Lunar Outpost Platform may provide certain social media features that enable you to:

• Link from your own or certain third-party Lunar Outpost Platforms to certain content on the Lunar Outpost Platform.
• Send e-mails or other communications with certain content, or links to certain content, on the Lunar Outpost Platform.
• Cause limited portions of content on the Lunar Outpost Platform to be displayed or appear to be displayed on your own or certain third-party Lunar Outpost Platforms.

You may use these features solely as they are provided by Lunar Outpost, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Lunar Outpost provides with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Lunar Outpost Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Lunar Outpost Platform other than the homepage.
• Otherwise take any action with respect to the materials on the Lunar Outpost Platform that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with Lunar Outpost in causing any unauthorized framing or linking immediately to cease. Lunar Outpost reserves the right to withdraw linking permission without notice.

Lunar Outpost may disable all or any social media features and any links at any time without notice in Lunar Outpost’s discretion.

15. Links from the Lunar Outpost Platform

If the Lunar Outpost Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Lunar Outpost has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Lunar Outpost Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such website.

16. Geographic Restrictions

The owner of the Lunar Outpost Platform, Lunar Outpost Inc., is based in the United States. Lunar Outpost provides the Lunar Outpost Platform for use only by persons located in the United States. Lunar Outpost makes no claims that the Lunar Outpost Platform or any of its content is accessible or appropriate outside of the United States. Access to the Lunar Outpost Platform may not be legal by certain persons or in certain countries. If you are visiting the Lunar Outpost Platform or using the services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting the Lunar Outpost Platform, using the services, and/or communicating electronically with us, you consent to such transfers. If you access the Lunar Outpost Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. Online Purchases and Other Terms and Conditions

All purchases of Lunar Outpost Equipment or Services through the Lunar Outpost Platform, or other transactions for the sale of goods, services or information formed through the Lunar Outpost Platform or as a result of visits made by you are governed by Lunar Outpost standard Terms and Conditions for the Sale of Equipment and Terms of Service, currently located at www.lunaroutpost.com/termsandconditionssaleequipment, and any other third party terms referenced in the Terms and Conditions and Terms of Service, which are hereby incorporated into these Terms of Use.

18. Disclaimer of Warranties and Other Disclaimers

You understand that Lunar Outpost cannot and does not guarantee or warrant that files available for downloading from the internet or the Lunar Outpost Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Lunar Outpost’s site for any reconstruction of any lost data.

LUNAR OUTPOST WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE LUNAR OUTPOST PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LUNAR OUTPOST PLATFORM OR FROM LUNAR OUTPOST, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE LUNAR OUTPOST PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LUNAR OUTPOST PLATFORM, IS AT YOUR OWN RISK. THE LUNAR OUTPOST PLATFORM, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LUNAR OUTPOST PLATFORM OR FROM LUNAR OUTPOST, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LUNAR OUTPOST NOR ANY PERSON ASSOCIATED WITH LUNAR OUTPOST MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE LUNAR OUTPOST PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER LUNAR OUTPOST NOR ANYONE ASSOCIATED WITH LUNAR OUTPOST REPRESENTS OR WARRANTS THAT THE LUNAR OUTPOST PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LUNAR OUTPOST PLATFORM OR FROM LUNAR OUTPOST WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT  THE LUNAR OUTPOST PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE LUNAR OUTPOST PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LUNAR OUTPOST PLATFORM OR FROM LUNAR OUTPOST WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

LUNAR OUTPOST HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE LUNAR OUTPOST PLATFORM IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO LUNAR OUTPOST AND BY POSTING INFORMATION ON THE LUNAR OUTPOST PLATFORM, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND LUNAR OUTPOST OTHER THAN PURSUANT TO THESE TERMS OF USE.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD LUNAR OUTPOST OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT LUNAR OUTPOST IS NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN USERS.  LUNAR OUTPOST HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE SAFETY OF INTERACTION, OR THE TRUTH OR ACCURACY OF ANY INFORMATION POSTED OR PROVIDED THROUGH THE LUNAR OUTPOST PLATFORM.  YOU SHOULD AT ALL TIMES TAKE REASONABLE PRECAUTIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation on Liability

IN NO EVENT WILL LUNAR OUTPOST, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE LUNAR OUTPOST PLATFORM, ANY CONTENT ON THE LUNAR OUTPOST PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LUNAR OUTPOST PLATFORM (INCLUDING ALL SERVICES PROVIDED BY LUNAR OUTPOST), INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. 

IF YOU ARE DISSATISFIED WITH THE LUNAR OUTPOST PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST LUNAR OUTPOST, ANY THIRD PARTY PROVIDER OR ANY USER OF THE LUNAR OUTPOST PLATFORM, WITH RESPECT TO THESE TERMS OF USE, OR THE LUNAR OUTPOST PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST LUNAR OUTPOST IS TO DISCONTINUE USING THE LUNAR OUTPOST PLATFORM. IN ALL EVENTS, LUNAR OUTPOST’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE LUNAR OUTPOST PLATFORM IS LIMITED TO $250.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification

You agree to defend, indemnify and hold harmless Lunar Outpost, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns 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 of Use or your use of the Lunar Outpost Platform, including, but not limited to, your User Contributions, any use of the Lunar Outpost Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Lunar Outpost Platform.

21. Governing Law and Jurisdiction

All matters relating to the Lunar Outpost Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Lunar Outpost Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although Lunar Outpost retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Arbitration

At Lunar Outpost’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Lunar Outpost Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, OR RELATED IN ANY WAY TO THE LUNAR OUTPOST PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Waiver and Severability

No waiver by Lunar Outpost of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lunar Outpost to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

25. Entire Agreement

The Terms of Use, Privacy Policy, and any other documents referenced in the Terms of Use, and any services agreement or license terms between the parties, including the Terms and Conditions for the Sale of Equipment and the Terms of Service, constitute the sole and entire agreement between you and Lunar Outpost with respect to the Lunar Outpost Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Lunar Outpost Platform.

26. Your Comments and Concerns

This Lunar Outpost Platform is operated by Lunar Outpost Inc. All notices of copyright infringement claims should be sent to the copyright agent designated in Lunar Outpost’s Copyright Policy as set forth below in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Lunar Outpost Platform should be directed to: info@LunarOutpost.com.

Copyright Policy

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

Lunar Outpost takes claims of copyright infringement seriously. Lunar Outpost will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Lunar Outpost Platform infringe your copyright, you may request removal of those materials (or access to them) from the Lunar Outpost Platform by submitting written notification to Lunar Outpost’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Lunar Outpost Platform, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow Lunar Outpost to locate that material.
• Adequate information by which Lunar Outpost can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Lunar Outpost’s designated copyright agent to receive DMCA Notices is:

NAME:            DMCA Agent

                        Lunar Outpost Inc.

ADDRESS:      17700 S Golden Rd Unit 102,

                         Golden, CO, 80401

EMAIL:            info@LunarOutpost.com

PHONE:           visit www.Lunar Outpost.com/contact for most up to date phone number

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Lunar Outpost Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Lunar Outpost Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Lunar Outpost (a “Counter-Notice”) by submitting written notification to Lunar Outpost’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which Lunar Outpost can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Lunar Outpost Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Lunar Outpost Platform with the complaint at issue.

The DMCA allows Lunar Outpost to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Lunar Outpost Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

It is Lunar Outpost’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.