Please read these Terms of Use (collectively with the LUCKY Life Tools Privacy Policy, the “Terms of Use”) carefully before using the LUCKY Life Tools website, https://www.luckylifetools.com and the services, features, content and applications offered in connection with LUCKY Life Tools (collectively, “LUCKY Life Tools”) by LUCKY Life Tools, LLC (“we” or “us”). These Terms of Use set forth the legally binding terms and conditions for your use of LUCKY Life Tools.
a. By registering for and/or using LUCKY Life Tools in any manner, including but not limited to downloading and using the LUCKY Life Tools PDFs, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on or within LUCKY Life Tools, each of which is incorporated by reference.
b. These Terms of Use apply to all users of LUCKY Life Tools, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
We reserve the right, at our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue LUCKY Life Tools (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on or within LUCKY Life Tools or by notifying you by e-mail. We may also impose limits on certain features of LUCKY Life Tools or restrict your access to parts or all of LUCKY Life Tools without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your use of LUCKY Life Tools following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances, use LUCKY Life Tools. We may, at our sole discretion, refuse to offer LUCKY Life Tools to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access LUCKY Life Tools is revoked where these Terms of Use or use of LUCKY Life Tools is prohibited or to the extent offering, sale or provision of LUCKY Life Tools conflicts with any applicable law, rule or regulation. Further, LUCKY Life Tools is offered only for your use, and not for the use or benefit of any third party.
While some content of LUCKY Life Tools is available to unregistered users, for broader access to LUCKY Life Tools you must register with LUCKY Life Tools by creating an “Account”. To create an Account, you must provide accurate information included on the registration page. You are responsible for updating the accuracy of the information that you provide to us to be associated with your Account.
You are solely responsible for the activity that occurs on your Account. You are not permitted to use another Account without permission. You must notify us immediately of any breach of security or other unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
For purposes of these Terms of Use, the term “Content” includes, without limitation, content, videos, audio clips, written posts and comments, information, data, text, web pages, images, software, scripts, graphics, downloadable PDFs, and interactive features generated, provided, or otherwise made accessible on or through LUCKY Life Tools.
a. User Content. All Content added, created, uploaded, submitted, distributed, or posted to LUCKY Life Tools by users, whether publicly posted or privately transmitted (collectively “User Content”), is the sole responsibility of the user who originated it. You acknowledge that all Content accessed by you using LUCKY Life Tools is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from LUCKY Life Tools. However, you understand that (i) certain User Content (including User Content that is made publicly available) will remain available and (ii) any removed User Content may persist in backup copies indefinitely.
b. Our Content. LUCKY Life Tools may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through LUCKY Life Tools.
c. Use License. Subject to these Terms of Use, we grant each user of LUCKY Life Tools a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, download, store, display and print the Content, solely for personal, non-commercial use as part of using LUCKY Life Tools. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us, or from the copyright holder identified in such Content's copyright notice. You may not use LUCKY Life Tools for any commercial purposes.
a. Updates and Upgrades; No Obligation. We are not obligated to maintain or support the LUCKY Life Tools website, or to provide you with updates, upgrades or services related thereto. You acknowledge that LUCKY Life Tools may from time to time in its sole discretion issue updates or upgrades to the LUCKY Life Tools website, and may automatically update or upgrade the version of the LUCKY Life Tools website that you are using. You consent to such automatic updating, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades.
United States embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the LUCKY Life Tools website, you represent and warrant that you are not located in any such country or on any such list. You also will not use the LUCKY Life Tools website for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
You promise not to use LUCKY Life Tools for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with LUCKY Life Tools.
a. You shall not, and shall not permit any third party to, either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content (including User Content) on or through LUCKY Life Tools that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
ii. is unlawful, such as content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another's privacy, or tortuous;
iii. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
iv. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of us or any third party;
v. impersonates any person or entity, including any of our employees or representatives;
vi. includes anyone's identification documents or sensitive financial information; or
vii. is otherwise determined by us to be inappropriate at our sole discretion.
b. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of LUCKY Life Tools or any activities conducted on LUCKY Life Tools; (iii) bypass any measures we may use to prevent or restrict access to LUCKY Life Tools (or other accounts, computer systems or networks connected to LUCKY Life Tools); (iv) run any form of auto-responder or “spam” on LUCKY Life Tools; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any web pages associated with LUCKY Life Tools, or any third party web pages accessed through LUCKY Life Tools; (vi) harvest or scrape any Content from LUCKY Life Tools; or (vii) otherwise take any action in violation of our guidelines and policies.
c. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of LUCKY Life Tools, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of LUCKY Life Tools; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. You will comply with any technical restrictions of LUCKY Life Tools that allow you to use LUCKY Life Tools only in certain ways.
d. We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect our rights, property or safety, or that of our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.
LUCKY Life Tools may permit you to access content from or to link to other websites, services or resources on the Internet (“Third Party Services”), and those other websites, services or resources may contain links to LUCKY Life Tools. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Such inclusion does not imply endorsement by us or any association with our operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
We may terminate your access to all or any part of LUCKY Life Tools at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions in your Settings page. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:
(1) which users gains access to LUCKY Life Tools;
(2) what Content you access via LUCKY Life Tools;
(3) what effects the Content may have on you;
(4) how you may interpret or use the Content; or
(5) what actions you may take as a result of having been exposed to the Content.
a. You release us from all liability for you having acquired or not acquired Content through LUCKY Life Tools. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through LUCKY Life Tools, and LUCKY Life Tools will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through LUCKY Life Tools.
b. LUCKY Life Tools AND ALL CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) LUCKY Life Tools WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH LUCKY Life Tools IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING LUCKY Life Tools WILL MEET YOUR REQUIREMENTS. YOUR USE OF LUCKY Life Tools IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless us, our affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, LUCKY Life Tools, Content, or which otherwise arise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
IN NO EVENT SHALL WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO LUCKY Life Tools (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) DAMAGES IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT YOU PAID FOR LUCKY Life Tools OR THE LUCKY Life Tools APPLICATION IN THE AGGREGATE; OR (IV) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York County, New York.
These Terms of Use are the entire agreement between you and us with respect to LUCKY Life Tools, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to LUCKY Life Tools. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.
a. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
b. Assignment. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without consent.
c. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
d. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
e. No Waiver. Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver, provided by one of its authorized representatives.
Headings. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.
g. Contact. You may contact us by e-mail at info@luckylifetools.com.
Effective Date of Terms of Use: Oct 7th, 2016