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Terms of Use
Lucky LuLu's Trading Company and its affiliates, successors, parents,
subsidiaries, assigns,
licensees, and designees
(collectively and individually "Lucky LuLu's Trading Company")
provide you access to the Lucky LuLu's Trading Company web site
subject to the
terms and conditions
of use set forth below (the "Terms of
Use").
Lucky LuLu's Trading Company offers certain product
and/or services via the Site.
You agree to read the Terms of Use carefully before using the Site or the
Services.
By using the Site and the Services,
you agree to abide
by the Terms of Use, as follows:
1. Fees and Costs
Lucky LuLu's Trading Company charges a fee for its products
or services.
Please view our product for individual product prices.
You are responsible for
paying any applicable fees and taxes
and for all hardware,
software,
service and other costs you may incur in connection with the Services,
including costs
incurred in connecting to the Sites via the Internet.
Lucky LuLu's Trading Company reserves the right, at any time, to charge
or modify fees
for
access to the Site or for any of its Services.
Lucky LuLu's Trading Company
will notify you
of any such
fees by posting information regarding such fees on the Sites.
2. Content Guidelines/Prohibited Uses
Content Guidelines.
You agree not to post, upload or transmit to the Site or to
Lucky LuLu's Trading Company servers any
communications,
text, graphics or other information
(collectively,
"Material") that:
-
is obscene, fraudulent, indecent, discourteous, offensive, or abusive;
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defames, abuses, harasses or threatens others;
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contains any viruses, Trojan horses, worms, time bombs, cancelbots,
or
other disabling devices or other harmful component intended to
damage,
detrimentally interfere with,
surreptitiously intercept
or expropriate any system, data or personal information;
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advocates or encourages any illegal activity;
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infringes upon the copyright, patent, trademark, trade secret, publicity
right
or other intellectual property
or proprietary right of any
third party;
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violates the privacy of individuals, including other users of the Sites;
or
violates any applicable local, state, national, or international law.
Lucky LuLu's Trading Company in its sole discretion shall determine your compliance with the foregoing guidelines
and reserves the right to delete from the Site without prior notice
any material that it deems to be non-complying or
otherwise objectionable
for any reason. Lucky LuLu's Trading Company may take any action with respect to the Material
if Lucky LuLu's Trading Company believes, in its sole discretion, that the Material may create
liability for itself or any third
parties or may cause Lucky LuLu's Trading Company to lose
(in whole or in part) the services of its ISPs, vendors or advertisers.
Other Restrictions on Use.
You shall comply with all laws and regulations applicable to your use of the Services,
the Site, and the Material.
You are not permitted to use Lucky LuLu's Trading Company name,
URL, trademarks or other material in any manner,
including, without
limitation, in connection with "spam" e-mail messages
or newsgroup postings.
For the purposes of these Terms of Use, "spam"
has the meaning generally understood among Internet users,
and includes
without limitation unsolicited electronic mail advertisements. You
may not impose an unreasonable
or disproportionately large load
(as determined by us in light of the load imposed by other users
generally)
on Lucky LuLu's Trading Company infrastructure. You may not use any "bot"
or other automated repetitive
or iterative mechanism or the like
to gain any sort of benefit from Lucky LuLu's Trading Company or any of its business affiliates.
3. Links to Third-Party Sites
Any third-party sites to which the Sites may link are not under Lucky LuLu's Trading Company control
, and
Lucky LuLu's Trading Company does not assume any responsibility or liability for any information,
content,
communications or materials available on such third-party
sites. Absent express language to the contrary,
Lucky LuLu's Trading Company does not intend
links contained on the Sites to be referrals to,
or endorsements
of, the linked third-party sites or the entities that operate them,
and such links are provided for convenience only.
4. DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES, INFORMATION, CONTENT, OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE
AT THE SITES
(COLLECTIVELY, "INFORMATION") ARE PROVIDED
"AS IS", AND ALL REPRESENTATIONS AND WARRANTIES,
EITHER
EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Lucky LuLu's Trading Company
MAKES NO WARRANTY, REPRESENTATION
OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS
OR
COMPLETENESS OF THE SITES OR THE INFORMATION OR THAT THE INFORMATION
MAY BE RELIED UPON FOR ANY REASON.
Lucky LuLu's Trading Company MAKES NO WARRANTY, REPRESENTATION
OR GUARANTY THAT USE OF THE SITES, THE SERVICES
OR THE INFORMATION
WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT
ANY DEFECTS CAN BE CORRECTED.
Lucky LuLu's Trading Company CANNOT BE HELD RESPONSIBLE FOR
ANY EVENTS THAT TRANSPIRE THROUGH USE OF OUR SERVICES.
Lucky LuLu's Trading Company IS NOT
AND WILL NOT BE HELD RESPONSIBLE FOR ADVERSE CONSEQUENCES ARISING
OUT OF
CONTACTING OR MAKING ASSOCIATIONS WITH USERS OF THE SITES.
ALL INFORMATION IS SUBMITTED VOLUNTARILY AND
THIS INFORMATION WILL
BE MADE AVAILABLE TO THE PUBLIC. ALL RISKS FOR MAKING THIS INFORMATION
AVAILABLE
WILL BE BORNE BY YOU, THE USER. IF A DISPUTE SHOULD ARISE
BETWEEN YOURSELF AND ANOTHER USER YOU RELEASE
Lucky LuLu's Trading Company FROM ANY CLAIMS
OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND, KNOWN OR UNKNOWN,
SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED ARISING FROM
SUCH A DISPUTE. WITHOUT LIMITING THE FOREGOING
PROVISIONS OF THIS
SECTION 5, Lucky LuLu's Trading Company SHALL HAVE NO LIABILITY FOR:
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any loss or injury caused, in whole or in part, by its actions, omissions,
or negligence, or for contingencies
beyond its control, in procuring,
compiling, or delivering the Information, the Sites or the Services;
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any errors, omissions, or inaccuracies in the Information regardless of how
caused, or delays or interruptions
in delivery of the Information;
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any decision made or action taken or not taken in reliance upon the Information
furnished hereunder;
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any losses or damages whatsoever, whether in contract, tort or otherwise,
from the use of, or reliance on,
the Information, or from the
use by you of the Internet generally;
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any special or consequential damages that are directly or indirectly related
to the use of, or the inability to use,
the Services or the Sites,
even if Lucky LuLu's Trading Company has been advised of the possibility of such damages;
or
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any lost profits or special, incidental or consequential damages (no matter
how they might arise,
including from Lucky LuLu's Trading Company negligence) arising
out of or in connection with the Information,
the Services, the
Sites or the Terms of Use.
Notwithstanding any provision of these Terms of Use to the contrary, Lucky LuLu's Trading Company total
liability to you
is limited to $100. Some states do not allow the
foregoing limitations of liability, so they may not apply to you.
Some states do not allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you.
This warranty gives
you specific legal rights and you also may have other legal rights
which vary from state to state.
5. Privacy and Communications to the Sites
Any communication, information or other material you transmit or post to the Sites,
by electronic mail or otherwise
(other than personally identifiable
information about you), including any answers to questions, comments,
suggestions,
or other data supplied by you is, and will be treated
as, non-confidential and non-proprietary.
You hereby grant to Lucky LuLu's Trading Company
a non-exclusive, worldwide, perpetual fully paid-up license
to use
any such communication, information or material for any purpose,
including, but not limited to, reproduction,
disclosure, transmission,
publication, distribution, advertising, marketing, promotion, research,
broadcast, display,
modification, syndication, licensing and posting.
Lucky LuLu's Trading Company use of personally identifiable information,
as well as Lucky LuLu's Trading Company
use of cookies and other tracking methods,
is governed by the terms
of Lucky LuLu's Trading Company Privacy Policy.
By accepting the Terms of Use, you expressly
consent to Lucky LuLu's Trading Company use of your information,
as enumerated in Lucky LuLu's Trading Company
then-current privacy policy, which is incorporated herein by reference.
Because Lucky LuLu's Trading Company Privacy Policy may change from time to time, you should
also review it regularly for updates.
6. Representations and Warranties
You represent and warrant that:
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you have full right and power to enter into and perform these Terms of
Use, and have secured all third party
consents necessary to enter
into these Terms of Use;
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all factual assertions that you have made and will make to Lucky LuLu's Trading Company are true and
complete;
and you are of the age of majority, have the right to enter into legally binding
agreements,
and have the full and complete right to agree to the
Terms of Use.
7. Termination
Lucky LuLu's Trading Company reserves the right to terminate this Agreement immediately
and without notice
for any or no cause, at any time. Without limiting the preceding
sentence,
Lucky LuLu's Trading Company may terminate your use of the Services or access to
the Sites
immediately and without notice if: (a) you breach the
Terms of Use; (b) you infringe the intellectual
property rights
of a third party in connection with the Services; (c)
Lucky LuLu's Trading Company is unable
to verify or authenticate any information you provide to it,
or
(d) any material uploaded or transmitted by you to the Sites violates
any applicable laws or rights of any third party.
8. Governing Law, Jurisdiction and Dispute Resolution
The Terms of Use shall be governed by and construed in accordance with the laws
of the State of Texas,
without regard to conflict of laws principles.
You and Lucky LuLu's Trading Company agree that any and
all disputes arising out of or related
to the Terms of Use shall be subject to the exclusive jurisdiction
and
venue of the state and federal courts located in Texas.
9. Changes to the Services and the Site
Lucky LuLu's Trading Company reserves the right to change, suspend or discontinue any aspect
of the services
or the Site at any time, including the availability of any features,
databases or content.
Lucky LuLu's Trading Company will attempt to provide reasonable notice
of such changes to the
Services or the Site. Lucky LuLu's Trading Company may also impose
limits on features or restrict access to parts of the Site.
10. Modifications to the Terms of Use
Lucky LuLu's Trading Company may amend these Terms of Use at any time by posting amended
Terms of Use to
the Sites. The amended Terms of Use shall be effective immediately
upon posting to the Site.
Lucky LuLu's Trading Company therefore encourages you to review
these Terms of Use frequently.
11. Unlawful Conduct
Notifications of any unlawful conduct, including, without limitation, copyright
or other intellectual property
infringement should be sent to Lucky LuLu's Trading Company
Designated Agent at:
P o box 779
Wickenburg, , AZ 85390
12. Miscellaneous
Your sole remedy for any breach of these Terms of Use by Lucky LuLu's Trading Company shall be an action
at
law for money damages, if any. In no event shall you be entitled
to injunctive or other equitable relief based
on any act or omission
of Lucky LuLu's Trading Company, or any breach of these Terms of Use by Lucky LuLu's Trading Company.
These Terms
of Use constitute the entire understanding of you and Lucky LuLu's Trading Company with respect
to the subject matter hereof.
There are no understandings, agreements,
conditions or representations, oral or written, express or implied,
with reference to the subject matter
hereof that are not merged
herein, expressly referenced herein, or superseded hereby. Nothing
contained in these Terms of Use shall be construed
as creating any
agency, partnership, joint venture or other form of joint enterprise
between you and Lucky LuLu's Trading Company.
The provisions of these Terms of Use are independent
of each other and the invalidity of any provision or a portion thereof
shall not affect the validity or enforceability of any other provision.
In the event that any particular provision is found to be invalid
or unenforceable, such provision shall be deemed
to have been replaced
with a valid and enforceable provision that approximates
as closely
as possible the intent of you and Lucky LuLu's Trading Company as reflected in the original
provision.
Any delay or failure on the part of Lucky LuLu's Trading Company to enforce any
rights hereunder to which it may be entitled
shall not be construed
as a waiver of the right and privilege to do so at any subsequent
time. You indemnify and hold harmless
Lucky LuLu's Trading Company, and the officers, directors,
employees, partners, principals, agents and representatives of
Lucky LuLu's Trading Company,
from, against and in respect of any and all demands, claims, actions
or causes of action, liabilities,
losses, and expenses, including
reasonable attorneys' fees, arising out of or relating to any breach
by you of any covenant, representation
or warranty made pursuant
to these Terms of Use. All provisions which must survive in order
to give effect to their meaning,
shall survive any expiration or
termination of these Terms of Use, including without limitation
all of your representations,
warranties and indemnification obligations.
How you can reach Lucky LuLu's Trading Company:
The Services hereunder are offered by Lucky LuLu's Trading Company, located at:
P o box 779
Wickenburg, , AZ 85390.
Our phone number is 972-841-9083.
Fees for services offered by us are available as described in Section 1.
© 2008 Lucky LuLu's Trading Company. All rights reserved.
All other trademarks, product
names, and company names or logos cited herein remain the property
of their respective owners.
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