Luna Rewards Terms and Conditions

Last updated 21 March, 2024: 

1. Membership & Eligibility

The Luna Rewards Program ("Program") is a free rewards program offered by Lunescape USA, Inc. ("Lunescape") to its customers located in the U.S. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual. You must be age 16 years or older and a legal resident of the United States to be eligible for Membership. Eligible minors 16 years old or older confirm they have obtained their parent's or legal guardian's consent prior to participation.

BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE AN ELIGIBLE MINOR 16 YEARS OLD OR OLDER, YOUR PARENT OR LEGAL GUARDIAN HAS AGREED) TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME A Luna Rewards.

PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “LEGAL DISPUTES” SECTION, BELOW.

Lunescape reserves the right to change or modify any of the terms and conditions contained in the Luna Rewards Terms & Conditions, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Lunescape decides to change these Luna Rewards Terms & Conditions, Lunescape will post a new version on the Sites and update the date set forth above. ANY CHANGES OR MODIFICATIONS TO THESE Luna Rewards TERMS & CONDITIONS, GUIDELINES OR RULES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED Luna Rewards TERMS & CONDITIONS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.

Affiliates of Lunescape (e.g. Lunescape France) may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in the program of any other Lunescape affiliate.

2. Membership Tiers; Earning and Redeeming Luna Rewards Points

Membership Tiers Generally

There are three tiers of membership in the Program: Insider, VIB and Rouge. Achieving VIB or Rouge status requires a minimum spend per year, as explained below. All membership tiers enjoy a variety of benefits made available by Lunescape in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including Rewards (as defined below), special offers, sweepstakes, one of a kind experiences, exclusive events and advance access to products) will be determined by Lunescape in its sole discretion.

Lunescape may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.

Insider

All members are automatically Insiders upon enrollment. Subject to removal from the Program (as explained in Section 8 below), a member will remain an Insider indefinitely unless the minimum annual spend required to achieve VIB or Rouge status is met.

Very Important Luna Rewards (VIB)

VIB status is conferred on those registered Luna Rewards members who spend a minimum of $350 on fulfilled orders of merchandise during one calendar year (January 1st -December 31st). VIB status is good for the calendar year in which the Luna Rewards member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for VIB status and does not qualify for Rouge status, the member will revert to Luna Rewards status.

Rouge

Rouge status is conferred on those registered Luna Rewards members who spend a minimum of $1,000 on fulfilled orders of merchandise during one calendar year (January 1st - December 31st). Rouge status is good for the calendar year in which the Luna Rewards member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Rouge status and does not qualify for VIB status, the member will revert to Insider status.

Luna Rewards Points

Under the Program, all three tiers of membership will have 1 Luna Rewards point credited to their Beauty Bank for every U.S. or Canadian dollar spent on fulfilled orders of merchandise (as applicable based on country of purchase) (a “Luna Rewards Point”).

We may offer bonus points events from time to time and in that circumstance the bonus points offer would apply. Separate terms and conditions will apply to each bonus points offer.

You must provide your Luna Rewards registered e-mail address, phone number or digital Luna Rewards card to have any Luna Rewards Points credited to your Beauty Bank. Luna Rewards Points previously credited to your Beauty Bank will be removed if the order that resulted in such points is cancelled.

Any reference to "merchandise" or the value of merchandise in these Terms for purposes of collecting Luna Rewards Points includes all Lunescape products sold online, in Lunescape retail stores, in U.S. Lunescape at Affiliate Partner retail stores, or on their websites (when shopping at affiliate partner sites, only on Lunescape merchandise and when you sign in to your Luna Rewards account). It also includes payment for paid in-store services. It does not include payment for e-gift cards, gift cards, ticket purchases for special Lunescape events, taxes, or shipping.

As part of the Benefits of being a member, your Luna Rewards Points may be redeemed for rewards made available by Lunescape from time to time in its sole discretion (“Rewards”). You are eligible to redeem Luna Rewards Points for a Reward if you have enough Luna Rewards Points in your Beauty Bank for that specific Reward. The retail value of the Reward does not count toward Lunescape's free shipping threshold. Rewards can only be redeemed in store or, if redeemed online, only if shipped to addresses in the US.

Luna Rewards Points themselves have no cash value and can only be redeemed for Rewards. Lunescape may, in its sole discretion, allow Luna Rewards Points to be redeemed for other benefits or items of merchandise from time to time. However, unless expressly permitted by Lunescape (like with Luna Rewards Cash), Luna Rewards Points are never redeemable for cash, for another product, for gift cards or for e-gift certificates and Luna Rewards Points cannot be used as payment for any in-store paid services.

Luna Rewards Point Expiration

It's our hope that you redeem your Luna Rewards Points on a regular basis. All unredeemed Luna Rewards Points will expire when a program member has not engaged in Luna Rewards Point activity associated with that membership account (through purchase or redemption) for 12 months or more. If you have questions regarding the date of your last Luna Rewards Point activity or your last purchase, check your Luna Rewards page. If you feel Luna Rewards Points have been expired in error, please email Customer Service at customerservice@Lunescape.com for assistance.

In addition, Luna Rewards Points will automatically expire if your Membership is revoked or otherwise cancelled for the reasons further detailed in Section 8.

In addition, Luna Rewards Points will automatically expire if your Membership is revoked or otherwise cancelled for the reasons further detailed in Section 8.

Luna Rewards Profile Page

Your Luna Rewards profile page is your destination for everything Luna Rewards related, including the Benefits associated with your membership tier; your current Luna Rewards Point balance or Luna Rewards Point activity stored in your “Beauty Bank”; your "Dollars Saved" from seasonal promotions and offers; to redeem Luna Rewards Points for Rewards and to redeem gifts or access other membership Benefits. Your Luna Rewards profile page can be accessed by logging into your online account.

3. Rewards and the Moonbeam Medina

Generally

Lunescape may offer Rewards through our Moonbeam Medina from time to time and in its sole discretion. The Moonbeam Medina is where you can browse Rewards and then redeem Luna Rewards Points for Rewards with redemption varying from 50 Luna Rewards Points to 100,000 Luna Rewards Points. Rewards may vary but are typically deluxe product samples, product bundles or experiences. When shopping online, you can add Rewards to your online basket from the Moonbeam Medina if you are logged into your Luna Rewards account. You can also select Rewards from the Moonbeam Medina in store during the checkout process.

All Moonbeam Medina offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited, and you must be a registered Luna Rewards in order to redeem Moonbeam Medina offers. Luna Rewards members may only redeem one of each Reward per transaction and cannot redeem more than 10 of any one type of Reward per year. Luna Rewards Points will be deducted at time of redemption. Rewards are subject to change, alteration, substitution, or termination by Lunescape in its sole discretion at any time.

All Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for Luna Rewards Points, cash, another product, gift card or e-gift certificate unless pursuant to a specific offer from Lunescape. Lunescape is not responsible for lost, stolen or damaged Rewards. You are solely responsible for any taxes incurred by you relating to the receipt of Rewards. Rewards can only be shipped to addresses in the US. Some Rewards may only be available to a resident of the U.S. Employees of Lunescape, Lunescape Partnerships and their subsiaries are not eligible to redeem any Premium Rewards (as defined below). See specific Rewards for any additional terms and conditions.

Redeeming a Reward

Rewards available for redemption in store do not require a merchandise purchase. Rewards valued at up to 749 Luna Rewards Points (“Standard Rewards”) require a merchandise purchase if redeemed online. Rewards valued from 750 Luna Rewards Points and above (“Premium Rewards”) do not require a merchandise purchase even if redeemed online and are provided with free standard shipping. Premium Rewards redeemed without a merchandise purchase are not eligible for free samples and cannot be used in conjunction with any other promotional codes or promotional discounts during checkout. Always check the details on a Reward to confirm if it is eligible for free shipping.

If your online order is not completed during the same visit, the Rewards will remain in your shopping basket. However, they may no longer be available when you return and complete the order. You are not required to redeem a Reward during checkout. Due to the limited nature of the Rewards, we regret that we are unable to re-ship Standard Rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Premium Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Lunescape customer service.

Online Order Cancellation

Because all Standard Rewards redeemed online are shipped with merchandise orders, if you cancel an item from your order and that cancellation drops your Luna Rewards Points balance below the required Luna Rewards Points to redeem the Standard Reward, you will still receive the Standard Reward as long as other merchandise is being shipped. It is possible your Beauty Bank could have a negative balance if you do not have enough Luna Rewards Points in your account because of the item cancellation. If your entire order is cancelled by you, any Standard Reward will not ship because a merchandise purchase is required and the redeemed Luna Rewards Points will be re-credited to your Beauty Bank.

Redeemed Luna Rewards Points will be re-credited if an order is cancelled by Lunescape.

Samples and all other promotional items are shipped with merchandise orders only. If part of your order is cancelled, the samples and/or other promotional items in your order will ship with the rest of your merchandise order. If your entire order is cancelled, the samples and/or other promotional items will not ship because a merchandise purchase is required.

4. Certain Tier Benefits and Rewards Explained

Standard Shipping Benefit

All Luna Rewards members will receive free standard shipping on all qualifying online purchases in the U.S.

The standard shipping benefit is not valid on international shipping or on our Affiliate Partner websites.

You must check out with a valid Luna Rewards account to receive the standard shipping Benefit. Benefit has no cash value. No adjustments on previous purchases. Benefit is non-transferable. Benefit subject to change, alteration, or termination by Lunescape in its sole discretion at any time.

Luna Rewards Cash Reward

Luna Rewards Cash is an instant $5 discount applied to the purchase price of merchandise available to all Luna Rewards members in exchange for redemption of 500 Luna Rewards Points. (The $10 discount is either U.S. Dollars.)

The Luna Rewards Cash Reward may be used for the purchase of merchandise online or on their website (with a shipping address in the U.S. (excluding Puerto Rico) or used in Lunescape stores in the U.S., Lunescape at Affiliate Partner stores.. Luna Rewards Cash is not valid on orders shipping outside the U.S.. Please note that the Luna Rewards Cash Reward can only be used in the country where the 500 Luna Rewards Points were redeemed. The Luna Rewards Cash Reward cannot be applied to gift card purchases, previous purchases, gift wrapping, packaging, taxes, or shipping & handling charges.

Order subtotal (after all other discounts have applied) to which the Luna Rewards Cash Reward is applied must be greater than or equal to $10. Only one Luna Rewards Cash Reward can be applied per transaction.

Return of merchandise purchased with a Luna Rewards Cash Reward will be for the price actually paid after applying the $10 discount. Neither the 500 Luna Rewards Points deducted from your Luna Rewards account or the $10 discount will be refunded. Exchanges of the same item will be credited for the full transaction value including the $10 discount.

Luna Rewards Cash is not cash, has no cash value without a purchase and may not be altered, sold, bartered or transferred. Luna Rewards Cash can be used with Lunescape credit card rewards (excluding 15% off first purchase rewards), Luna Reward, global promotions where specified by Lunescape, sample promotions where specified by Lunescape and Lunescape employee discounts. The Luna Rewards Cash Reward is applied last after all other promotional discounts have been applied. Luna Rewards Cash cannot be used on any other promotional offers, discounts or Rewards. The Luna Rewards Cash Reward is subject to change, alteration, or termination by Lunescape in its sole discretion at any time.

Luna Reward

A Luna Reward is a $100 Reward that is available to Rouge members in exchange for redemption of 2,500 Luna Rewards points, while supplies last. (The $100 is either U.S. Dollars or Canadian Dollars depending on the country of redemption; no exchange rate is applied.) A Luna Reward may then be used online or in Lunescape stores in the U.S. (excluding Puerto Rico) and Lunescape at Affiliate Partners, for the purchase of merchandise only. Please note that the Luna Reward can only be redeemed in the country where the Luna Reward was purchased. Luna Reward cannot be applied to Buy Online, Pick Up in Store or Same Day Delivery.

After points are redeemed for a Luna Reward in the Moonbeam Medina, you will receive a confirmation email within 24 hours notifying you the reward is immediately available in your Luna Rewards account to use to purchase merchandise. If you have not received your confirmation email within 48 hours, please contact customer service at customerservice@Lunescape.com or call 1-877-Lunescape. The Luna Reward value will expire after 90 days from the date of the email. For any merchandise purchase, sign into your Luna Rewards account and select to apply the Luna Reward value during online checkout or, if shopping in store, let the Beauty Advisor know at checkout that you would like the Luna Reward credit to be applied to this purchase. Only one Luna Reward can be used per transaction, the full $100 amount must be redeemed (for purchases of less than $100, any remaining value will be forfeited), and the Luna Reward must be used within 90 days after the date of the confirmation email. Points are not refunded if the Luna Reward is not used within those 90 days. A Luna Reward may not be redeemed at Lunescape at physical stores or website subsidiaries. Employees of Lunescape are not eligible for Luna Rewards.

If an item from your order purchased with a Luna Reward gets cancelled by Lunescape because an item is unavailable, you will receive points in the pro-rated value of the Luna Reward. If your entire online order purchased with a Luna Reward is cancelled by Lunescape, or if you voluntarily choose to cancel your order, you will receive points in the original value of the Luna Reward, and the original Luna Reward will be voided.

Items purchased with a Luna Reward cannot be returned or exchanged to Lunescape website, stores or Lunescape at an Affiliate Partner.

A Luna Reward is not transferable and may not be sold, transferred or assigned to anyone else. Attempts to transfer the Luna Reward may invalidate the Luna Reward. You can always use your Luna Reward to purchase merchandise as a gift for someone else.

Luna Rewards Birthday Gift Benefit

All Luna Rewards members are eligible to redeem one Birthday Gift per year during the month of their birthday. To view the different Birthday Gift options for your Luna Rewards status, please visit the Luna Rewards benefits page. The type and number of Birthday Gift options vary by location 

Luna Rewards Birthday Gifts are for your personal use only. Reselling Luna Rewards Birthday Gifts is a violation of these Terms and your Membership may be subject to revocation by Lunescape if Lunescape determines you have engaged in reselling activity. No more than 150 Birthday Gifts will be shipped to any one shipping address (or variation of that address) per year including but not limited to residential buildings, office buildings or parcel forwarding companies. Orders that include a Birthday Gift and are sent to a shipping address that has exceeded this limit will be cancelled by Lunescape.

5. Agreeing to Lunescape's Privacy Policy & Email

Lunescape values your privacy. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE AN ELIGIBLE MINOR 16 YEARS OLD OR OLDER, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY Lunescape'S APPLICABLE PRIVACY POLICY AND OUR WEBSITE TERMS OF USE. As is explained in our privacy policies, we use, and retain the information we collect to, among other things, detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate accumulated Luna Rewards Points and benefits or to violate these Terms.

6. Luna Rewards and Lunescape Partnerships

Information Sharing with Affiliate Partners

If you apply for Membership in the Program at a Lunescape at an independently-operated affiliate partner store or their website  ("Partner") or you exercise your Membership privileges at a Lunescape with an affiliate partner or their website(s), the personal information collected from you will be used and disclosed by Lunescape as indicated in its Privacy Policy and Terms of Use (at the hyperlinks in Section 5 above), but Lunescape will also need to share that personal information with an Affiliate Partner so you can enjoy the benefits of your Membership and the Program at any Lunescape at affiliate partner or their website(s). This sharing will permit you to earn Luna Rewards Points on your purchases at Lunescape at affiliate partner or their website(s), redeem Luna Rewards Points for Rewards at Lunescape at affiliate partner or their website(s) and collect your Birthday Gift and certain other Benefits offered by the Program from time to time. (Not all Rewards can be redeemed for Luna Rewards Points and not all Benefits are available at Lunescape at affiliate partner or their website(s).) Our partner(s) have agreed that any information obtained about you by them through your application for the Program or your use of your Membership at a an Affiliate Partner store and their website ("Lunescape at Independent Partner") will be used only to administer the Program, for its own internal analysis and for Lunescape and those partner(s) to communicate with you by email or direct mail (unless you have unsubscribed from marketing emaile or direct mail from Lunescape or our Affiliate Partner(s)). Our Affiliate Partner(s) may also share Lunescape Partnerships Information with its service providers solely to perform the above functions related to the Program at Lunescape at an Affiliate Partner, subject to an agreement from such service providers to keep the Lunescape Partners confidential. Our Affiliate Partner(s) have also agreed that it will not otherwise use, rent, sell or share the Lunescape Partnerships Information.

Your Luna Rewards account will reflect the Lunescape Partnerships you provide to our Affiliate Partner(s)  and will also enable you to access certain benefits at Lunescape Partner stores and their official website(s). Upon the initial association of your Luna Rewards account with your Affiliate Partner activity, Lunescape will send you a one-time authorization code via email and then you will be able to use your Luna Rewards account at Lunescape at that Partner’s retail stores or their official website.

7. Communications with Lunescape; How to Opt Out

By submitting an application for Membership in the Program, you agree (or, if you are an eligible minor 16 years old or older, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Lunescape. By signing up to join the Program, you will automatically be subscribed to receive Program emails.

If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.Lunescape.com. 

If you sign up or use your Membership at an Affiliate Partner’s store or their website,  and your client profile indicates that you have not unsubscribed from receipt of advertising, marketing materials and other communications from Affiliate Partner communications, our partner(s) may send those communications.

8. Changes, Termination and/or Removal From Program, Account Closure

Program Changes: Lunescape may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Lunescape website. For Quebec users: Where required by law, Lunescape will send you a written notice of these changes, not more than 90 days and at least 60 days prior to the effective date of the change, setting out the amended terms and the date of the coming into force of the amendment. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

Termination or Removal from Program: Lunescape reserves the right to exclude individuals from the Program, remove Luna Rewards Points from a member’s Beauty Bank and/or cancel orders that are not consistent with Lunescape policy in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by Lunescape) including multiple redemptions of Birthday Gifts by the same individual via different accounts, failure to follow any terms of the Program, Membership inactivity for more than 12 months, reselling Rewards or Birthday Gifts, any misrepresentation or any conduct detrimental to the interests of Lunescape not otherwise protected by law may subject members to Membership revocation or deduction of Luna Rewards Points obtained through these abusive or manipulative activities, cancellation of orders and will affect eligibility for further participation in the Program. Lunescape uses a third-party provider to monitor purchases and identify activities that violate the terms of the Program or Lunescape policy. Lunescape uses this data to help it make decisions regarding participation in the Program, awarding of Luna Rewards Points and order fulfillment. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any Luna Rewards Points in your account will automatically expire. Lunescape reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

Account Closure: If you chose to close your Luna Rewards account, you can do so by contacting Lunescape Client Services or via self-closure. Luna Rewards accounts that are closed can be re-opened upon request by contacting Lunescape Client Services. If you close your Luna Rewards account, you must agree to the terms of closure:

1. You will no longer be able to log into your account
2. You will forfeit all of your existing Luna Rewards Points, tier status, and tier benefits.
3. You will no longer accrue Luna Rewards Points on purchases (even if using a Lunescape Credit Card).
4. You will lose access to your Community account, including the ability to post product reviews, upload photos, participate in Forums/Groups, or answer any product Q&As.
5. You will be opted out of all Lunescape marketing, including emails, SMS, and push notifications.
6. Any account linked to your Luna Rewards account will be unlinked.
7. If you have Auto-Replenish items, any shipment that has not shipped will be canceled and the Auto-Replenish enrollment will end.

Closing your Luna Rewards account will not affect open orders, returns, and Paid Service appointments. In addition, if you have the Lunescape Credit Card, you will be able to continue to use the credit card and check balances on the bank’s website, and you will continue to receive bank rewards for qualifying purchases (but not Luna Rewards Points).

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Lunescape WILL NOT BE LIABLE FOR ANY DAMAGES OF ANYKIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS ACOMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUTNOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENTPERMITTED BY LAW, THE LIMITATIONS ON Lunescape'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE AN ELIGIBLE MINOR 16 YEARS OLD OR OLDER, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM Lunescape AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

10. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 1999-2023 Lunescape USA, Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Lunescape and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Lunescape or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated one part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, displayer performance - without the prior written permission of Lunescape is strictly prohibited.

11. Resolving Disputes

If a dispute should arise between you and Lunescape, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing customerservice@Lunescape.com or by calling 1-877-Lunescape.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND Lunescape AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

12. Legal Disputes; Class Action Waiver; Jury Trial Waiver

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.

NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).

13. Choice of Law/Forum Selection

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. If you are a U.S. resident you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Scott County, Minnesota. This provision does not apply to residents of New Jersey.

14. Severability

The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Lunescape, or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.