Terms of Service
Welcome to the lungem.com website (referred to as the "Site"). Your use of the Site is subject to the following Terms ("Terms"), as updated periodically. The most current version of these Terms is indicated above. These Terms create a binding agreement between you and lungem.com, which reserves the right to modify the Site and these terms and conditions at its discretion.
IMPORTANT NOTICE FOR U.S. RESIDENTS
Please carefully review the mutual arbitration agreement outlined below, as it mandates that you resolve disputes with lungem.com individually through arbitration, waiving your right to participate in class actions. By accepting this agreement, you acknowledge that you have read and understood all aspects of this mutual arbitration agreement and have considered its implications. Additionally, these Terms contain provisions concerning releases, liability limitations, and indemnity, which may restrict your legal rights and remedies.
By using the Site, you agree to abide by these Terms. Please read them thoroughly.
Please note that we offer a range of products ("Products") and services ("Services"), and additional terms may apply to specific cases, which will be communicated to you.
CHANGES
We retain the right to modify or amend these Terms at our sole discretion. If any changes are made, we will provide notice of such changes, which may include posting a notice on our Site and/or updating the "Last Updated" date above. Continued use of the Site following these changes confirms your acceptance of them. If you do not agree with the amended Terms, please cease using our Site.
Any updated Terms and/or Privacy Policy supersede previous versions, notices, or statements regarding the Site. If necessary, you agree to sign a non-electronic version of these Terms upon request.
PRIVACY
Please review our Privacy Policy, which also governs your use of the Site, to understand how we collect, use, disclose, and secure personal information and any associated rights you may have.
ELECTRONIC COMMUNICATIONS
By visiting the Site or sending us emails, you consent to electronic communication with us. This includes receiving communications from us via email or notices posted on the Site. You acknowledge that all agreements, notices, disclosures, and other communications provided electronically satisfy legal requirements for written communication.
ACCESS
lungem.com does not sell Products to children. Adults can purchase Products through the Site using valid payment methods. Individuals under 18 years of age may only use the Site with parental or guardian involvement. lungem.com reserves the right to deny service, cancel orders, edit content, terminate accounts, or take other actions at its discretion.
If you are a parent or guardian who provides consent for a minor to use the Site, you are bound by these Terms regarding the minor's use of the Site.
We may withdraw or modify this Site, any service, or materials we offer on the Site, at our discretion without prior notice. We are not liable if any portion of the Site becomes unavailable for any reason. Access to certain parts of the Site or the entire Site may be restricted periodically. We also have the right to disable accounts, usernames, passwords, or other identifiers, whether chosen by you or provided by us, at any time and for any reason, including if we believe you have violated these Terms.
GEOGRAPHIC RESTRICTIONS
The Site is operated by lungem.com based in the United States. Access to the Site may be unlawful in certain regions or for specific individuals, and our Products are only available for purchase and delivery in select countries. By accessing the Site, you do so voluntarily and are responsible for complying with local laws.
INTELLECTUAL PROPERTY
lungem.com holds intellectual property rights protected by global patent, copyright, trademark, trade dress, and other laws, whether statutory or common law.
lungem.com is the exclusive owner or lawful licensee of all rights and interests in the Site and its contents, including designs, Product designs, photography, text, typography, and software, whether currently registered or not. "lungem.com," "lungem.com," "FuFuaGaGa.COM," and related icons and logos, along with Product names and related descriptions, images, text, and graphics, are registered trademarks or trademarks and/or service marks of lungem.com, protected by copyright, trademark, and other proprietary rights laws. Unauthorized copying, modification, use, or publication of these marks, or any future marks, is strictly prohibited.
You agree not to infringe on lungem.com's title, ownership, and intellectual property rights. You also agree to indemnify lungem.com in case of any intellectual property rights violation due to your use of the Site and its content (or other materials as described above). All rights not explicitly claimed by lungem.com under these Terms are reserved.
PROPER USE
You agree to use the Site for personal use only and not for commercial purposes, including copying, reproducing, downloading, or compiling any information, text, images, graphics, video clips, sound, directories, files, databases, or listings obtained from the Site.
PROHIBITED USES
You may only use the Site for lawful purposes in accordance with these Terms. You agree not to:
1. Violate any applicable federal, state, local, or international laws or regulations.
2. Exploit, harm, or attempt to exploit or harm minors, including exposing them to inappropriate content or seeking personal information.
3. Transmit or solicit the transmission of unauthorized advertising or promotional material, including "junk mail," "chain letters," or "spam."
4. Impersonate lungem.com, its employees, other users, or any other person or entity, including using their email addresses, telephone numbers, or screen names, or providing false information.
5. Engage in any activity that restricts or inhibits anyone's use or enjoyment of the Site, or that could harm lungem.com, Site visitors, or users, or expose them to liability.
Additionally, you agree not to:
1. Disable, overburden, damage, or impair the Site or interfere with other parties' use of the Site.
2. Use any automated device, process, or means to access the Site or monitor or copy its material.
3. Use any manual process to monitor or copy the Site's material or for any unauthorized purposes without our prior written consent.
4. Use any device, software, or routine that interferes with the proper functioning of the Site.
5. Introduce viruses, trojan horses, worms, logic bombs, or other harmful materials.
6. Attempt to gain unauthorized access to, disrupt, or damage the Site or any associated server, computer, database, or information system.
7. Attack the Site through a denial-of-service or distributed denial-of-service attack.
8. Attempt to gain unauthorized access to any personal information on the Site or related servers, computers, databases, or information systems.
9. Otherwise attempt to interfere with the proper operation of the Site.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account information and password on the Site. You must also restrict access to your computer and accept responsibility for all activities conducted under your account or password.
USER-GENERATED CONTENT
Visitors may post reviews, comments, photos, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information (collectively, "User-Generated Content"). You are solely responsible for your User-Generated Content and its
consequences. lungem.com does not endorse any User-Generated Content or the opinions or recommendations expressed therein.
By submitting User-Generated Content, you represent and warrant to lungem.com that:
1. Your User-Generated Content is accurate, does not violate these Terms, and will not harm any person or entity.
2. Your User-Generated Content does not infringe on any copyright, trademark, trade secret, patent, or other intellectual property rights, or any right of privacy or publicity, or any applicable law or regulation.
3. You have the legal right to use your User-Generated Content and grant lungem.com the necessary rights to use it, including any personal rights of identifiable persons featured in your content.
4. Your User-Generated Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing, or objectionable, and it does not contain viruses, political campaigns, commercial solicitations, chain letters, mass mailings, or any form of "spam."
Any User-Generated Content or other material, information, or ideas you submit to the Site is not confidential. You may not use a false email address, impersonate others, or mislead regarding the origin of content.
You retain ownership rights to your User-Generated Content, but you grant lungem.com a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully sub-licensable, and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, create derivative works, publicly display, perform publicly, and otherwise exploit your User-Generated Content. This includes future rights not yet in existence and new forms of exploitation worldwide.
lungem.com may monitor and edit or remove User-Generated Content but is not responsible for it. By posting User-Generated Content, you agree to indemnify lungem.com against losses arising from claims related to your User-Generated Content. lungem.com disclaims liability for User-Generated Content posted by others, including defamatory, offensive, or illegal material, and any damages resulting from such content are your responsibility.
USE OF SOCIAL MEDIA TAGS
When using social media tags related to lungem.com, such as @lungem.com, @lungem.commorden, #ourlungem.com, or similar tags, you grant lungem.com an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce and use uploaded content, including images, in lungem.com's marketing materials and on social media channels.
ORDERS
lungem.com reserves the right, without prior notice, to limit order quantities or refuse service to customers. We may verify information before accepting orders, including personal information, in accordance with our Privacy Policy. Product prices and availability are subject to change without notice. We may revoke any offers or correct errors or inaccuracies on the Site, even after an order is submitted. We may also refuse or cancel orders, or restrict or terminate accounts, at our discretion. Products subject to quantity discounts may be repriced upon cancellation.
RISK OF LOSS
All items purchased from lungem.com are shipped under a shipment contract, meaning that risk of loss and title to the items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS, AND TITLE
Returns are subject to our Returns Policy. lungem.com does not take title to returned items until they arrive at our fulfillment center. We may issue refunds without requiring a return, at our discretion. For more information about returns and refunds, please refer to our Returns Policy.
RELIANCE ON INFORMATION POSTED & PRODUCT DESCRIPTIONS
RELIANCE ON INFORMATION POSTED
The information presented on the Site is provided for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Your reliance on such information is at your own risk. We disclaim liability arising from any reliance on these materials by you or other Site visitors, or by anyone informed about its contents.
The Site may include content provided by third parties, including materials from other users, third-party licensors, syndicators, aggregators, or reporting services. Statements and opinions expressed in these materials, and all lungem.com responses, are solely the opinions and responsibility of the providers, not necessarily reflecting lungem.com's opinion. We are not responsible or liable for third-party content's accuracy or quality.
PRODUCT DESCRIPTIONS
lungem.com strives for accuracy, but errors can occur. We do not warrant that product descriptions or other content on the Site are always accurate, complete, reliable, current, or free of errors. If a Product from lungem.com is not as described, your sole remedy is to return it in unused condition according to our Returns Policy.
SUPPLIER RESPONSIBILITY
Products available on the Site are supplied by third-party Suppliers to lungem.com. Suppliers are responsible for providing accurate information about their Products, including consumer warnings and information about materials considered "hazardous" under California's Prop 65.
PRICING
Unless expressly stated otherwise, the retail price displayed for each Product on the Site represents the full listed price, excluding shipping & delivery costs, taxes, and other fees. To purchase a Product, you must pay the displayed retail price, plus shipping & delivery costs, taxes, and any other applicable fees.
While we make every effort to ensure accurate pricing, occasional pricing errors may occur. If the correct price of a Product is higher than our stated price, we may contact you for instructions or cancel your order. We may also offer promotions or special pricing for limited periods. In some cases, we may include an "estimated retail value" for comparison purposes, but this estimate is not binding. Additionally, we may provide an "estimated monthly payment" for financing purposes. Please note that financing is subject to third-party purchase financing providers' terms and conditions.
DELIVERIES
Delivery timeframes provided by lungem.com are estimates and depend on various factors beyond our control. These factors include production delays, shipping delays, government delays, and natural events. lungem.com is not liable for delays in delivery beyond the estimated date.
INDEMNITY
You agree to indemnify and hold harmless lungem.com, our affiliates, directors, officers, and employees from any losses, claims, or liabilities (including legal costs) arising from:
1. Your use of the Site, Products, and/or Services, including the display of your information or User-Generated Content on the Site.
2. Your breach of these Terms.
3. Any violation, misappropriation, or infringement of a third party's intellectual property rights by you.
You further agree to indemnify lungem.com for losses, damages, claims, or liabilities (including legal costs) arising from claims asserted by third parties relating to information about those third parties or any of their goods and/or services. lungem.com may assume exclusive defense and control of any matter subject to indemnification by you, with your cooperation.
LINKS
This site may contain links to third-party sites on the Internet, operated by third parties. You acknowledge that lungem.com is not responsible for the operation or content of any such site.
REMEDIES
lungem.com's remedy for any actual or threatened breach of this Agreement is not limited to legal damages but may include specific performance, inj
unctive relief, or other remedies, along with reasonable dispute resolution expenses, such as attorneys' fees. No right or remedy of lungem.com under these terms and conditions shall be exclusive, including damages, injunctive relief, attorneys' fees, and expenses. Waiver by lungem.com of any rights or remedies shall not imply any obligation to grant future or similar waivers.
HOW TO CONTACT US
If you have questions about these Terms, please contact us at:
By email: [email protected]