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Terms of Use

This document sets forth the Terms of Use (“Terms of Use”), describing the terms and conditions under which you may access and use the Lunar Accel website (www.lunaraccel.org) (“Website”) and any applications, software, services, products, and content that we expressly adopt or make available (collectively, the “Services”).

Arbitration Notice: These Terms contain an arbitration agreement below. You and Lunar Accel agree that disputes between us will be resolved by mandatory binding arbitration, including waiver of any right to a trial by jury, and that you and Lunar Accel waive any right to participate in a class-action lawsuit or class-wide arbitration. You have the right to opt out of arbitration as explained in that arbitration agreement. Unless you opt out of the arbitration agreement, you will only be permitted to pursue claims and seek relief against Lunar Accel on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. To the fullest extent permitted by law, you also waive your right to seek relief in a court of law and to have a jury trial on your claims. Please see Section 15 for more information regarding this arbitration agreement, the possible effects of this arbitration agreement, and how to opt out of the arbitration agreement.

1. Acceptance

This Website and our Services may contain various information relating to Lunar Accel (“Lunar Accel” or “We”) in the form of text, graphics, data, and other materials (“Content”). You acknowledge and agree that you have read, understood and agree to be legally bound, where permitted by law, by these Terms of Use, including our Privacy Policy, incorporated into these Terms of Use by reference, by accessing, browsing or otherwise using or interacting with our Services. If you do not agree with these Terms of Use, you should not access, browse or otherwise use this Website or any of the Services. You also agree to comply with all applicable local laws, regulations, rules regarding online conduct and exportable Content including those of the United States and the country in which you reside. If you are using the Services on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms of Use even if we have separate agreements with you.

2. Eligibility to Use Our Services

  • In order to use our Services, you must be at least 18 years of age (or the age of majority in the country where you are located).
  • You may only use this Website or Services for your personal, non-commercial use.
  • You may not use the Website or Services if we have banned you from the Website.

3. Modification

Lunar Accel reserves the right to make changes to these Terms of Use at any time at its sole discretion by posting an updated version on the Website. You are responsible for periodically reviewing these Terms of Use for updates and amendments. Your continued use of our Services constitutes acceptance of these Terms of Use, and is subject to the most current version of these Terms of Use, which will be effective immediately upon posting. No amendments or modifications to these Terms of Use proposed by you will be binding on Lunar Accel unless you have obtained the prior written consent of Lunar Accel.

4. Ownership

The Services, including all Content appearing on this Website, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the Services are owned by us or our licensors (who may be third-party beneficiaries of these Terms of Use) and protected by the copyright, trademark, patent and other laws of the United States and international treaties.

5. Intellectual Property; Licenses

You retain ownership of any of your intellectual property rights in content that you share on the Services. By submitting any content to Lunar Accel, including application materials, you grant Lunar Accel a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such content, in whole or in part, in all media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever. You represent and warrant that your content conforms to these Terms of Use and that you own or have the necessary rights and permissions including, without limitation, all copyrights and likeness rights (with respect to any person) contained in the content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your content in all manners contemplated by these Terms of Use; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your content resulting from your breach of these Terms of Use. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

6. Website Functionality

  • Donations to Lunar Accel
    Lunar Accel is a 501(c)(3) nonprofit organization registered in New York with EIN 92-1538184. Lunar Accel receives donations on the Website as well as offline. Fees associated with such donations may change without notice. By making a donation you acknowledge that you are at least eighteen years of age, legally competent, and agree to all other provisions of these Terms of Use. You also agree that all details you provide to us for the purposes of making such a donation will be correct, including ownership and validity of any payment method such as a credit or debit card. Lunar Accel may validate your payment details before processing your donation.
  • Payments for Programs or Services
    In the course of making a purchase of merchandise, program registrations, or other Services on the Website, a third-party payment provider may receive and process your payment information. Our obligation to provide the Services arises when we take receipt of your purchase from the third-party payment provider. You agree that you will not hold Lunar Accel responsible for any banking charges incurred due to payments made on your account. You further agree that all purchases are non-refundable, and we may change the fees or charges in relation to any of the Services at any time at our discretion.
  • No Chat Board
    Lunar Accel does not maintain a “chat board” or any other discussion forum on its Website or as part of its Services. You may choose to interact with other Lunar Accel community members on third-party social media services, which will be subject to these Terms of Use. You may also be subject to terms of use, community guidelines, or other applicable agreements of the social media service you choose to use.

7. Use Restrictions

  • You acknowledge that the Services may include content that is protected by copyright, trademarks, patents or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
  • You also acknowledge that the Content is and shall remain the property of Lunar Accel and its licensors, and you shall at no time assert any claims of ownership over any Content by reason of your use of or any right to use the Services.
  • You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
  • You agree to not (i) post or send to Lunar Accel any defamatory, pornographic, threatening, obscene, or otherwise unlawful materials that could constitute a criminal or civil offense, or encourage the commission of such an offense, (ii) copy the Website or Services without permission, (iii) knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Website or Services, (iv) interfere with any person or entity’s use or enjoyment of the Website or Services, or (v) use our Services in a way that violates any applicable laws.
  • As a nonprofit organization dedicated to advancing career development and community for AAPI professionals through events, accelerator programs, and mentorship, we want Lunar Accel to be a safe, genuine, and inclusive place. As such, by using our Services, you also agree to the following Community Guidelines:
    1. Act with integrity and authenticity and treat others with respect and kindness.
    2. Do your part to keep Lunar Accel and its Website a safe, productive, and inclusive community.
    3. Treat our Content with care and adhere to these Terms of Use.
    4. Do not engage with our Services in violation of these Terms of Use or any applicable laws or regulations.
    5. Do not spam others or engage in any hate speech, bullying, harassment, or misinformation that could result in any violence, physical or other harm.

8. Trademarks

The following is a non-exhaustive list of Lunar Accel’s trademarks. The absence of a product or service name or logo from the list below does not constitute a waiver of Lunar Accel’s trademark, service mark or other intellectual property rights concerning that name or logo.

The names, logos and service marks displayed on the Website are our property or the property of third parties. You are not permitted to use these names, logos or service marks without our prior written consent or the consent of the third party that owns them. By making these marks available on this Website, Lunar Accel does not confer upon you any of Lunar Accel’s or any third party’s intellectual property rights.

9. Indemnification

You agree to defend, indemnify and hold Lunar Accel and any of our affiliates and subsidiaries, as well as their respective officers, directors, board members, board advisors, employees, partners, agents, successors and assigns harmless from any loss, liability, claim or demand, including attorney’s fees, based on any and all claims arising from your use of the Website and Services. This will also extend to any claims made by a third party or Lunar Accel due to or arising from your breach of any provision of these Terms of Use.

10. Links to Third-Party Websites

Lunar Accel makes no representations or warranties about any website that you may access through the Services, and does not monitor or have control over such websites. Lunar Accel is not responsible for or liable for any content on any such websites or resources that it does not own or control and your use of all such links to third-party websites is at your own risk. To the extent Lunar Accel provides links to or references any third parties or third-party websites, it is only as a convenience and does not endorse, adopt, sponsor or affiliate with such a third party or its services.

11. DMCA Notice

Lunar Accel will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for Lunar Accel: Lunar Accel, Attention: DMCA Designated Agent, 368 9th Ave, Floor 6, New York, NY 10001, contact@lunaraccel.org.

12. Submissions

In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

13. Limitation of Liability

Under no circumstances will Lunar Accel, our licensors, or any of our affiliates be liable for any loss or damage caused by your reliance on information obtained through the content on the Website or Services. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information or any content available through the Website or Services. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

In no event shall Lunar Accel, our licensors, or any of our affiliates be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the content, service, or these terms of use, whether based on warranty, contract, tort, or any other legal theory including lost profits, business interruption, lost data, personal injury (including death), and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the Website, Services, or Content, or (b) the conduct or actions, whether online or offline, of any user of the Website or Services or any other person or entity, even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential or incidental damages, in such jurisdictions Lunar Accel’s liability is limited to the greatest extent permitted by law.

Your sole and exclusive remedy for dissatisfaction with this Website or content is to stop using the Services.

Lunar Accel provides all information on this Website and the Services, including but not limited to text, images, links, on an “as is” basis to all users without representation or warranty of any kind to you or any third party, including but not limited to any express or implied warranties (i) of merchantability or fitness for a particular purpose; (ii) of informational content or accuracy; (iii) of non-infringement; (iv) of quiet enjoyment; (v) of title; (vi) that the Website or Services will be uninterrupted or error-free; (vii) that any defects or errors in the Website will be corrected; (viii) that the Website or the server that makes it available are free from viruses or other harmful components; or (ix) that the Website or Services is compatible with any particular hardware or software platform.

14. Governing Law

You and Lunar Accel agree that, with the exception of the Arbitration Agreement as provided below, these Terms of Use and any and all claims, disputes or other legal proceedings between you and Lunar Accel shall be governed by the laws of the State of New York without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. This shall include but not be limited to any claims or disputes that arise or are related to these Terms of Use or your access to or use of www.lunaraccel.org.

15. Dispute Resolution by Binding Arbitration

Please read this section carefully as it affects your rights.

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.”

  • Agreement to Arbitrate
    You and Lunar Accel agree that any and all disputes or claims that have arisen or may arise between you and Lunar Accel, whether arising out of, connected to, or otherwise related in any way to these Terms of Use (including any breach thereof), the Website, or the Services, or any aspect of the relationship or transactions between us, must be resolved through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. This Section, the Arbitration Agreement, is intended to be interpreted broadly and shall govern any and all such disputes. You and Lunar Accel agree that the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.
  • Waiver of Right to Trial by Jury
    You agree that, by entering into these Terms of Use, you and Lunar Accel are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
  • Waiver of Class-Action, Class- and Mass-Arbitration
    You and Lunar Accel agree that the arbitration shall be conducted in their individual capacities only, not as a plaintiff or class member in any purported class or representative or mass action or proceeding. You and Lunar Accel agree to expressly waive the right to file a class action, class-, or mass-arbitration, or otherwise seek relief on a class or mass basis. Unless both you and Lunar Accel agree otherwise, the arbitrator may not consolidate or join more than one individual’s or party’s claims and may not otherwise preside over any form of consolidated, representative or class proceeding. If an arbitrator or court decides that an arbitration can proceed on a class or mass basis, then the Arbitration Agreement will be null and void.
  • Opt-Out of Mandatory Arbitration
    You can reject and opt-out of this Arbitration Agreement within 30 days of first accepting these Terms by emailing Lunar Accel at contact@lunaraccel.org with your first and last name and the email address associated with your account and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms.
  • Pre-Arbitration Dispute Resolution
    Lunar Accel is always interested in resolving any disputes amicably and efficiently, and many concerns can be resolved quickly by contacting us at contact@lunaraccel.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Lunar Accel and you do not resolve the dispute within sixty (60) calendar days after the Notice is received, you or Lunar Accel may commence an arbitration proceeding.
  • Arbitration Procedures
    Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit www.adr.org. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Unless Lunar Accel and you agree otherwise, any hearings will take place in New York, New York with due consideration for both parties’ ability to travel and other pertinent circumstances. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
  • Arbitration Fees
    Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.
  • Confidentiality
    All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
  • Severability of Arbitration Agreement
    If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the “Waiver of Class-Action” subsection above) is invalid or unenforceable, the parties agree to replace such term or provision with one that is valid and enforceable and that comes closest to expressing the intention of the invalid term, and this Arbitration Agreement shall be enforceable as so modified. If the “Waiver of Class-Action” provisions are found invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void.
  • Future Changes to Arbitration Agreement
    Notwithstanding any provision in these Terms of Use to the contrary, Lunar Accel agrees that if it makes any future change to this Arbitration Agreement while you are a user of the Website, you may reject any such change by sending Lunar Accel written notice within thirty (30) calendar days of the change to contact@lunaraccel.org.

16. Severability

If any of the provisions in these Terms of Use are determined to be not enforceable or valid in a final valid and enforceable decision, then such provisions will be deemed severed and will not affect the validity and enforceability of the remaining parts of these Terms of Use, which shall still apply.

17. Entire Agreement

These Terms of Use constitute the entire agreement between you and Lunar Accel for the Services and your use of the Website and Content and supersede all existing agreements and all other oral, written or other communication as well as any prior proposals, negotiations, agreements, and understandings between you and Lunar Accel concerning its subject matter.

18. Exclusive Jurisdiction and Place of Venue

With respect to any disputes or claims not subject to arbitration, as set forth above, you and Lunar Accel agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York, provided that Lunar Accel may seek equitable relief in any court of competent jurisdiction.

19. Non-Waiver of Rights

The failure of Lunar Accel to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

20. Termination

Lunar Accel reserves the right to terminate this Agreement or your use of or access to the Services at any time, in its sole discretion.

21. Privacy

For more information about our data handling practices, please see our Privacy Policy.

22. Contact

You may contact Lunar Accel at contact@lunaraccel.org with any questions regarding this Agreement.