Effective Date: January 1, 2015
The term “Website” refers to the following website below:
The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
Lunatek Marketing offers products/services and premium resources available for sale that contains content to help consumers grow their digital business.
Use of all Lunatek Marketing digital products/services, including all materials presented herein and all online products/services provided by Lunatek Marketing is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the site, product or service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. Lunatek Marketing reserves the right to substitute products/services equal to or comparable to the products/services listed if the need arises, without prior notice.
USE OF THE SITE, PRODUCTS AND SERVICES:
To access or use the site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the site. Information provided on the site and in the products/services related to membership sites and other information are subject to change. Lunatek Marketing makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Lunatek Marketing disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the products/services, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Lunatek Marketing will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the products/services, violate any laws in your jurisdiction.
You may use the site and products/services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE:
The products/services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the site or products/services, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT:
Once confirmed, we will provide you access to the purchased products/services. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Lunatek Marketing when there are reasonable delays in the access of the Service.
Lunatek Marketing reserves the right to terminate the products/services, and or access to certain features of the products/services, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the products/services. If for any reason, Lunatek Marketing should dissolve or cease to exist, then your access to the products/services terminates.
We attempt to describe and display the products/services as accurately as possible. While we try to be as clear as possible in explaining the products/services, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE:
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the products/services, Lunatek Marketing may provide access to a community or social media platforms in conjunction with the products/services. Lunatek Marketing is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the products/services.
You agree that your use of these community and social media platforms is a privilege and Lunatek Marketing may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Lunatek Marketing will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Lunatek Marketing is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Lunatek Marketing’s brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS:
We claim no intellectual property rights over the material you supply to Lunatek Marketing You retain copyright and any other rights you may rightfully hold in any content that you submit through the site or products/services. Content you submit to Lunatek Marketing remains yours to the extent that you have any legal claims therein. You agree to hold Lunatek Marketing harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, non exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the products/services. You consent to your name, words, voice, and likeness being used by Lunatek Marketing for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY:
The site and products/services contain intellectual property owned by Lunatek Marketing including trademarks, copyrights, proprietary information, and other intellectual property. Lunatek Marketing’s copyrighted and original materials are provided to you as part of the products/services for your individual use only and a single-user license. All intellectual property, including Lunatek Marketing’s copyrighted materials shall remain the sole property of the Lunatek Marketing No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the site or products/services Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the information with a non-member. We reserve the right to immediately remove you from the services, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the site or products/services by you after being notified means you accept these amendments. We reserve the right to update any portion of our site and products/services, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY:
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or products/services. Additionally, Lunatek Marketing is not liable for damages in connection with (I) Any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business, savings, goodwill or data; And (III) Third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Lunatek Marketing has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Lunatek Marketing’s cumulative liability to you exceed the total purchase price of the product/service you have purchased from Lunatek Marketing, and if no purchase has been made by you, Lunatek marketing’s cumulative liability shall not exceed $100.
THIRD PARTY RESOURCES:
The site and the products/services may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Lunatek Marketing You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the site or products/services. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS:
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER:
This Agreement constitutes the entire agreement between you and Lunatek Marketing pertaining to the site and products/services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Lunatek Marketing shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Lunatek Marketing
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
5550 Painted Mirage Rd. #320
Las Vegas, NV 89149
RECOVERY OF LITIGATION EXPENSES:
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
The term “Personal Information” means information about an individual who is a Member and includes any “Supplemental Personal Information,” as defined further below, that we obtain.
We use your Personal Information for providing and improving the products/services. By using our products/services, you agree to the collection and use of information in accordance with this policy.
The privacy of our visitors is important to us.
At Lunatek Marketing, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit our websites including but not limited to https://www.lunatekmarketing.com, and how we safeguard your information. We never sell your personal information to third parties.
INFORMATION COLLECTION AND USE:
While using our products/services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number (“Personal Information”).
We collect this information for the purpose of providing the products/services, identifying and communicating with you, responding to your requests/inquiries, servicing any purchases you make and improving our products/services.
As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site
We will use and disclose your Personal Information only as follows:
- To promote use, including continued use, of our products/services. For example, if you leave your personal information when you visit our Website and do not sign up for any of our products/services, we may send you one or more emails asking whether you wish to sign up. If you use any of our products/services, and may benefit from using one or more other products/services we offer, we may send you an email telling you about the other products/services.
- To bill and collect sums owed to us for any of our products, programs and products/services you purchase. Uses for this purpose include sending you emails, invoices, receipts and notices of delinquency, to alert you if we need a different credit card number, and to otherwise try to collect money owed. We use third parties to handle secure credit card transaction processing and send billing information to such third parties, who maintain all information in confidence, to process your orders and credit card payments. To learn more about what steps we take to safeguard such data, see below.
- To provide customer support and obtain feedback.
- For internal use, whether in the form actually received or pseudonymously or anonymously, by way of example and not limitation circulating email addresses internally for identifying the most common web hosts used by our customers, or reviewing IP addresses for information about the general geographic areas of origin of our users.
- To disclose the information that we have to you in response to any valid request from you to know what of your information we possess, and in response to a valid request to exercise your “right to be forgotten” as detailed further below.
- To communicate with you concerning your account for an informational, as opposed to promotional, purpose.
- To send you informational and promotional materials that you elect (“opt-in”) to receive.
- Testimonials: We display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at email@example.com
YOUR RIGHTS IN RESPECT OF YOUR PERSONAL DATA:
In accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:
- The right to request access to and to receive your personal information that is collected by Lunatek Marketing.
- The right to request updates to any of your personal information that is inaccurate or incomplete.
- The right to erase your personal information such as when the information is no longer necessary in relation to the purposes for which it was collected or processed.
- The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information.
- The right to object on grounds relating to your particular situation, to the processing of your personal information, and to object to processing of your personal information for direct marketing purposes, to the extent it is related to such direct marketing.
COOKIES AND WEB BEACONS:
We also use third party advertisements on https://www.lunatekmarketing.com and the other Lunatek Marketing websites listed previously to support our business. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP, the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).
We take measures to protect the technical information collected by our use of Google Analytics. The data collected will only be used on a need to know basis to resolve technical issues, administer the Site and identify visitor preferences; but in this case, the data will be in non-identifiable form. We do not use any of this information to identify Visitors or Users.
You may opt out from the collection of navigation information about your visit to the Site by Google Analytics by using the Google Analytics Opt-out feature.
HOW TO CONTROL COOKIES:
If you wish to prevent cookies being set before you visit this website, or most other websites, you can set your browser to block cookies. Most browsers allow you to do this in their settings.
You can also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies in general.
THIRD PARTY COOKIES:
The information gathered by these third parties is used to make predictions about your interests or preferences so that they can display advertisements or promotional material on this Site and on other sites across the Internet tailored to your apparent interests.
The business partners and advertising networks that serve interest-based advertisements on the products/services have limited access to a small amount of information about your profile and your device, which is necessary to serve you advertisements that are tailored to your apparent interests. It is possible that they may reuse this small amount of information on other sites or services.
We do not have access to, or control over, the technologies that these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Notice. Other than as discussed in this document, we have no control over these third parties.
BEHAVIORAL REMARKETING AND ADVERTISING:
GOOGLE MARKETING SERVICES:
On our website we use the marketing and remarketing services of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). These services allow us to display advertisements in a more targeted manner in order to present advertisements of interest to users. Through remarketing ads and products are displayed to users relating to an interest established by activity on other websites within the Google Network. For these purposes, a code is used by Google when our website is accessed and what are referred to as (re)marketing tags are incorporated into the website.
With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies may also be used instead of cookies). Cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which apps users have visited, which content they are interested in and which offers have been used. In addition, technical information about the browser and operating system, referring websites, the length of the visit as well as any additional data about the use of the online products and services are stored. The IP address of users is also recorded, although we would like inform you that within the framework of Google Analytics, IP addresses within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area are truncated.
All user data will only be processed as pseudonymous data. Google does not store any names or e-mail addresses. All displayed ads are therefore not displayed specifically for a person, but for the owner of the cookie. This information is collected by Google and transmitted to and stored by servers in the USA.
One of the Google marketing services we use is the online advertising program Google AdWords. In the case of Google AdWords, each AdWords customer receives a different conversion cookie. Cookies can therefore not be tracked through the websites of AdWords customers. The information collected by the cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag.
The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter f GDPR. If you wish to object to interest-based advertising by Google marketing services, you can do so using the settings and opt-out options provided by Google: https://www.google.com/ads/preferences.
We also may use DART cookies for ad serving through Google’s DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests (“interest based targeting”). The ads served will be targeted based on your previous browsing history (For example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey). DART uses “non personally identifiable information”. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting https://www.doubleclick.com/privacy/dart_adserving.aspx
You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.
Deleting cookies does not mean you are permanently opted out of any advertising program. Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.
FACEBOOK MARKETING SERVICES:
We use the “visitor action pixels” from Facebook Inc (1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”)) on our website.
This allows user behavior to be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users.
However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes.
The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter f GDPR. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads.
Facebook is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
TWITTER MARKETING SERVICES:
On our website, we use the Conversion Tracking Service of Twitter Inc. (1355 Market Street #900, San Francisco, California 94103, “Twitter”). Twitter stores a cookie on the user’s computer to enable an analysis of the use of our online products and services. Twitter Conversion Tracking tracks the actions of users after they have viewed ads or interacted with ads on Twitter. Twitter’s Conversion Tracking allows you to assign conversions such as link clicks, retweets or “like” data.
The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter f GDPR. If you wish to object to tracking, you can do so using the Digital Advertising Alliance tool at optout.aboutads.info.
Twitter is certified under the Privacy Shield Agreement and thus guarantees its compliance with European data protection legislation: (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active)
INTEGRATED SERVICES AND THIRD PARTY CONTENT:
We use services and content provided by third parties on our website (hereinafter collectively referred to as “content”). For this kind of integration, it is technically necessary to process your IP address so that the content can be sent to your browser. Your IP address will therefore be transmitted to the respective third party provider.
In each case, this data processing is carried out to safeguard our legitimate interests in the optimization and the commercial operations of our website, the legal basis of which is Art. 6 paragraph 1 sentence 1 letter f GDPR.
The Java programming language is regularly used to integrate content. Therefore, you can object to data processing by deactivating Java operations in your browser.
We have integrated contents from Google LLC into our website:
- “Google Web Fonts” for using Google’s fonts;
- “YouTube” for displaying videos.
Google is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We have integrated services from Clickfunnels that collect your information and payment information should you purchase one of our products or programs.
You can read the ClickFunnels GDPR policy here: https://signup.clickfunnels.com/gdpr-policy
We have integrated services from Active Campaign that collects your email and contact information for email marketing automation services:
We have integrated services from ManyChat that collects your email and other contact information for promotional marketing services.
We have integrated services from Demio, an online platform that is used for training & marketing presentations and live video recordings. Demio collects your email and contact information.
We have integrated services from EverWebinar, an online platform that is used for training & marketing presentations and live video recordings. EverWebinar collects your email and contact information.
We have integrated services from Zoom, an online platform that is used for training presentations and group coaching calls. Zoom may collect your email and phone number.
We have integrated services from Everlesson, an online platform used for all of our membership and training programs. Everlesson may collect personal data such as email, name and other personal information.
LINKS TO THIRD PARTY WEBSITES FROM OUR WEBSITE:
To the extent that our Website contains links to sites operated by third parties and not related to our products/services (“Linked Websites”), the Linked Websites are not controlled by us and we are not responsible for the privacy practices of those companies. Before disclosing your personal information to Linked Websites, we advise you to examine their privacy policies.
YOUR PRIVACY RIGHTS:
We will not share any Personal Data with third-parties for their direct marketing purposes to the extent prohibited by Nevada law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.
SAFEGUARDING YOUR INFORMATION:
The Company does not collect payment information from you except to the extent that the Company forwards your payment request directly to our merchant services provider, which is Stripe (www.stripe.com), PayPal (www.PayPal.com) or (the “Merchant Services Provider”), with neither the ability nor the intent to intercept or collect any such payment data.
The Merchant Services Provider only receives information necessary to verify that any payments between yourself and the Company are authorized. The Merchant Services Provider will use encrypted tools to communicate with your designated payee institution, or whatever other account you use to pay for orders to the Company. Your credit card information or other payment information is not retained by the Company except as provided below. The Company does not maintain records of your credit card number or other payment information.
Some of the links on this website are affiliate links, which means that we may earn a commission if you click on the link or make a purchase using the link. When you make a purchase, the price you pay will be the same whether you use the affiliate link or go directly to the vendor’s website using a non-affiliate link. By using the affiliate links, you are helping support the Lunatek Marketing community. We genuinely appreciate your support and your brand loyalty.
Disclaimer: Google, Facebook, Twitter, LinkedIn, Youtube nor any other brand mentioned on our site(s) endorse or sponsor this site(s) and are in no way affiliated with Lunatek Marketing.
NO CHILDREN UNDER THE AGE OF 13:
HOW TO CONTACT US: