Terms of Use

Last updated February 9, 2021

Welcome to the Luna Enterprises, LLC Web sites, which include but are not limited to Cornholeantics.com because we love you. Our attorney loves you to but insists that by using the website and its related services, products, and software (collectively, the "Site"), you agree to be bound by these terms ("Terms of Use"). You also accept the Conditions of Use when you create an account, sign in as a guest, or log in to the site. Additional or separate terms may apply to your interactions with other Luna Enterprises, LLC websites, Cornholeantics.com and to your use of individual services or features available on the Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Conditions of Use, the provisions of the additional terms will govern. References to "Luna Enterprises, LLC," ”Cornholeantics,” “Cornholeantics.com,” "our," "we," or "us" may refer to Luna Enterprises, LLC, Cornholeantics and their affiliates, subsidiaries, and designees. We may make changes to the Site and the Conditions of Use. It is your responsibility to review the Conditions of Use for updates or changes. If you do not agree with the Conditions of Use, you should not use the Site.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.

Site Contents

Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Luna Enterprises, LLC. Cornholeantics and other trademarks appearing on the Sites are the trademarks of Luna Enterprises, LLC and/or its subsidiaries.

The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.

Unless otherwise specified, the Sites and the Contents are intended to promote Cornholeantics products and services available in the United States. The Sites are controlled and operated by Luna Enterprises, LLC from its offices in Riverside, California. One or more patents may apply to the Sites, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.

The content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. Luna Enterprises, LLC is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

User Comments, Feedback, and Other Submissions

Cornholeantics.com is pleased to hear from users and welcomes your comments regarding our products and services. Our longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Cornholeantics employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Cornholeantics may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Cornholeantics. Cornholeantics is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Cornholeantics has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Cornholeantics or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Cornholeantics takes no responsibility and assumes no liability for any Comments posted by your or any third party.

Personal Information Submitted Through the Sites

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Sites (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Copyright Complaints

Luna Enterprises, LLC respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow our Notification of Copyright Infringement policy below.

Notification of Copyright Infringement under the Digital Millennium Copyright Act (DMCA)

If you believe that your copyrighted material may have been infringed, please provide Luna Enterprises, LLC Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address.
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Luna Enterprises, LLC designated agent to receive notifications of claimed infringement can be reached by:

Mail:
DMCA Agent
Luna Enterprises, LLC
11731 Sterling Ave. Unit I
Riverside, CA 92503

E-mail:
support@cornholeantics.com

Phone:
(888) 909-7979

For additional information regarding this procedure, please reference 17 USC 512.

Product Information

We try to be as accurate as possible. However, we do not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

The prices displayed on the Sites are quoted in U.S. Dollars. Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.

Paying for Your Order

Generally, we'll charge your card for an item when we ship the item to you or confirm its availability in store. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we'll debit your card when you place the pre-order. For special delivery items, we'll charge your card when you confirm a delivery time. For digital items, we'll charge your card when you initiate the download of the product or the product is placed in your account and available for use.

Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.

Returns & Product Guarantees

All returns and product guarantees are subject to our “Return Policy & Product Guarantees”.

Links to Other Web Sites and Services

The Sites may contain links to other Web sites that are not under the control of Cornholeantics.com. Cornholeantics has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.

Disclaimer

The materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Luna Enterprises, LLC expressly disclaims any duty to update or revise the materials on the Sites, although Luna Enterprises, LLC may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Luna Enterprises, LLC shall not be liable for any damages of any kind related to your use of the Sites.

Indemnification

You agree to defend, indemnify and hold Luna Enterprises, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Luna Enterprises, LLC agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) to Luna Enterprises, LLC at: Luna Enterprises, LLC Legal Department, 11731 Sterling Ave. Unit I, Riverside, CA, 92503, Attn: General Counsel, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Luna Enterprises, LLC agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Choice of Law

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Riverside. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Luna Enterprises, LLC's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.

Termination

These terms are effective unless and until terminated by either you or Luna Enterprises, LLC. You may terminate this Agreement at any time. Luna Enterprises, LLC also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.