This website at www.superluckeee.com (the "Website" or "Site"), owned by Aevitas Partners, LLC ("We," "Us," or the "Company"), is hosted in the United States. These Terms and Conditions of Use (the "Terms of Use," "Terms and Conditions," or "Agreement") apply to any and all visitors to and users of this Site (hereinafter referred to as "User" or "You"). These Terms of Use include the General Disclaimers Regarding Trading and Investments and the Privacy Policy, both of which are part of and incorporated in these Terms of Use by this reference.
Our Company, this Website, our classes, seminars, and workshops, and the products and services We offer (including any materials that can be downloaded and/or purchased here and including the community discussions to which You have access) all grew out of Our desire to help people navigate the complicated world of trading. Our many years of trading experience have taught Us certain strategies and philosophies that We want to share with others and that We have developed into teaching materials and otherwise have incorporated into our program and community discussions. With the education, instruction, and strategies We provide to You, We believe that You can become a successful trader. With the tools You will learn from Us, You can create Your own winning trading strategy that is customized to Your own lifestyle, personality, resources, and experience.
PLEASE REALIZE, HOWEVER, THAT WE ARE NOT YOUR INVESTMENT ADVISERS, TRADERS, BROKERS, TAX ADVISORS, OR LEGAL ADVISERS, AND WE ARE NOT RESPONSIBLE FOR ANY TRADING OR INVESTMENT DECISIONS YOU MAKE OR FOR ANY MONEY YOU MAKE OR LOSE. WE CAN GIVE YOU ONLY THE EDUCATION, TOOLS, AND STRATEGIES TO HELP YOU, BUT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR OWN INVESTMENT DECISIONS AND TRANSACTIONS.
YOUR ACCESS TO AND USE OF THIS WEBSITE AND OUR COMMUNITY PLATFORM, AS WELL AS ALL OUR MATERIALS, TEACHINGS, AND CONTENT OF ANY KIND, ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF USE. BY USING THIS WEBSITE OR ANY OF OUR PRODUCTS, SERVICES, OR MATERIALS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE VERY CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING OUR NO-REFUND POLICY, YOUR AGREEMENT TO KEEP ALL OUR MATERIALS, STRATEGIES, TOOLS, AND CONTENT CONFIDENTIAL AND FOR YOUR OWN USE, YOUR AGREEMENT TO ARBITRATION, AND OTHER IMPORTANT TERMS AFFECTING YOUR RIGHTS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THIS SITE OR USE OR PURCHASE ANY OF OUR PRODUCTS, SERVICES, CONTENT, OR MATERIALS.
TABLE OF CONTENTS
- Acceptance of Terms – You Are Bound By These Terms of Use
- Our General Disclaimers Regarding Trading and Investments
- Our Products and Services
- Registration/Sign-Up Obligations for Becoming a Member
- Eligibility, Password, and Availability of Products and Services
- Children Under the Age of 18
- Ownership and Other Proprietary Rights In and To Content On This Website; Confidentiality Regarding Our Content
- Our Proprietary Content and Student Lists as Protectible Trade Secrets
- Watermarking/Digital Rights Management; Limited License To Use Content; Accuracy of Descriptions of Products and Services
- Fees, Payments, and No Refund Policy
- Site Use and Conduct
- User/Student Disputes
- Material and Content Submitted By Users; Your License to Us
- Statements, Testimonials, or Other Content About Your Trading Performance
- The Company's Control of Information Provided By Users and Of The Website
- Material Owned By Third Parties and Linked Content
- Privacy
- Disclaimer of Warranties, Limitation of Liability, and Indemnity
- Other Information Regarding Credit Cards, Payments, Billing, and Shipping Information
- Changes/Modifications to the Website (Including as to Pricing), Communications With You, and Termination/Cancellation
- Notice and Procedure For Making Claims Of Copyright Infringement
- Consumer Rights Information; California Civil Code Section 1789.3 Compliance
- Governing Law and Choice of Law
- Compliance With Export Control Laws/Territories Where Access Is Illegal
- Miscellaneous General Provisions
I. Acceptance of Terms – You Are Bound By These Terms of Use
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AND TO BE BOUND BY THESE TERMS OF USE, INCLUDING TO ALL DOCUMENTS THAT COMPRISE THESE TERMS OF USE (INCLUDING OUR PRIVACY POLICY AND THE GENERAL DISCLAIMERS REGARDING TRADING AND INVESTMENTS).
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HERE (AND IN ALL RELATED DOCUMENTS), AND/OR DO NOT WISH TO BOUND BY THEM, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ANY OF OUR PRODUCTS, SERVICES, OR OTHER MATERIALS, AND YOU MUST DISCONTINUE USE OF THE WEBSITE IMMEDIATELY.
TO FURTHER SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHEN YOU CREATE AN ACCOUNT, YOU MUST CHECK AND CLICK THE BOX INDICATING THAT, BY CLICKING SIGN UP, YOU ACCEPT AND AGREE TO BE BOUND BY THIS WEBSITE'S TERMS AND CONDITIONS OF USE, INCLUDING THE PRIVACY POLICY AND THE GENERAL DISCLAIMERS REGARDING TRADING AND INVESTMENTS. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE OF THIS WEBSITE, INCLUDING ALL RELATED DOCUMENTS, DO NOT SIGN UP AND DO NOT CHECK THE BOX INDICATING THAT YOU ACCEPT THE TERMS OF USE, AND DISCONTINUE ANY FURTHER USE OR ACCESS OF THIS WEBSITE AND/OR ANY OF ITS SERVICES.
ALSO, WHILE YOU ARE BOUND BY THIS AGREEMENT WHETHER OR NOT YOU SIGN UP FOR AN ACCOUNT, WHETHER OR NOT YOU PURCHASE ANYTHING, AND WHETHER OR NOT YOU CLICK THE BOX INDICATING YOUR ACCEPTANCE OF THE TERMS OF USE. BEFORE YOU ARE PERMITTED TO USE OR ACCESS ANY OF OUR CONTENT, PRODUCTS, OR SERVICES, INCLUDING BEING ALLOWED TO ENTER AND INTERACT WITH OUR COMMUNITY, YOU MUST ALSO EXPRESSLY INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE, INCLUDING YOUR AGREEMENT TO BOUND BY THESE TERMS OF USE, BY CHECKING AND CLICKING A BOX SIGNIFYING YOUR AGREEMENT.
SO LONG AS YOU CONTINUE TO ACCESS OR USE THIS WEBSITE. THE COMPANY RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, ADD, REMOVE OR OTHERWISE TO MODIFY PORTIONS OF THESE TERMS OF USE (INCLUDING ALL RELATED DOCUMENTS, SUCH AS THE PRIVACY POLICY AND GENERAL DISCLAIMER) AT ANY TIME. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY POLICY (AND RELATED DOCUMENTS) PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS WEBSITE (AND/OR OF OUR PRODUCTS AND SERVICES) FOLLOWING THE POSTING OF ANY SUCH CHANGES SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THEM.
Please realize that all products or services offered or accessible through this Website, Your access and use of this Website and any materials You obtain through it, and Your conduct on this Website all are governed by these Terms of Use. Also, unless explicitly stated otherwise, any new features, products, or services that change, augment, or enhance the current products or services offered by or through this Website shall be subject to and governed by these Terms of Use. Additionally, note that the use of certain materials or the conduct of certain transactions on the Site may be subject to additional terms and conditions that will be made available to Users prior to their using such material or completing such transactions. Unless otherwise stated in any such additional terms and conditions applicable to any of those transactions in which You choose to participate or any materials You wish to use, such additional terms and conditions hereby are incorporated here into this Agreement as though set forth in full. In the event of any conflict between this Agreement and any license agreement or other specific agreement that You enter into with the Company in connection with any transactions or conduct on this Website, the license agreement or other specific agreement will control as to the conflicting terms.
PLEASE ALSO NOTE THAT WE PERMIT PERSONS ONLY AGED 18 YEARS OR OVER TO JOIN OUR COMMUNITY AND TO ACCESS AND USE OUR WEBSITE, PRODUCTS, AND SERVICES. BY ACCESSING AND USING OUR WEBSITE, OR ANY OF OUR PRODUCTS OR SERVICES, YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OLD OR OLDER AND THAT YOU AGREE TO ACCEPT THESE TERMS OF USE (INCLUDING ALL DOCUMENTS ATTACHED OR REFERENCED). IF YOU ARE UNDER 18, YOU MAY NOT USE THIS WEBSITE OR OUR PRODUCTS OR SERVICES.
XII. User/Student Disputes
To the extent You have any interaction with other Users or Students, You are solely responsible for Your interactions with other Students and Users. We reserve the right, but have no obligation or responsibility, to monitor any interactions between You and any other Users or Students, including any disputes.
XIII. Material and Content Submitted By Users; Your License to Us
Under certain conditions, and pursuant to the terms and conditions of this Agreement and/or pursuant to other rules, guidelines, and agreements submitted, posted, presented, or required by the Company, Users and/or Students may be permitted to post Content to this Website or in or to Our online trading community ("User Content"). We welcome communications from Our Users and Students in the form of suggestions, feedback, comments, ideas, or any submission or transmission to Us, including any posts and communications in Our online trading community forums and platforms or chatrooms, or other User Content about the Website or the Products and Services.
All Users/Students who post User Content acknowledge and agree, subject to these Terms of Use, that Users/Students may retain any and all applicable copyright and other intellectual property rights with respect to any User Content that a User/Student creates and/or submits and/or transmits using any of the Products or Services, to the extent that the User/Student has such rights under applicable laws.
Notwithstanding the foregoing, You understand, acknowledge and agree that, by submitting or transmitting User Content to this Website, You grant to Us – and you represent and warrant that You have the right to grant – (a) a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, and distribute Your User Content on this Website and in connection with any of our Products or Services; (b) a royalty-free, worldwide, perpetual, irrevocable non-exclusive right and license to copy, analyze, and use any of Your User Content as We may deem necessary or desirable for any purposes, including, but not limited to, providing Products or Services, providing support services in connection with Products or Services, testing, or debugging; (c) the perpetual and irrevocable right to delete any or all of Your User Content from this Website and from Our Servers for any reason or for no reason, whether intentional or unintentional, and without any liability of any kind to You or to any other party. In addition, You agree to grant to Us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise and utilize the copyright, publicity, database and other proprietary rights You have in Your account information, including any data or other information generated by Your account activity, in any media now known or hereafter devised, all in accordance with Our Privacy Policy.
You also understand and agree that, by submitting or transmitting Your User Content to this Website and/or to any area of the Services or in connection with any Products, You automatically grant – or You represent and warrant that the owner of such Content has expressly granted – to Us (and to all other Users of this Website and its Products or Services, to the extent such User Content is publicly posted) a royalty-free, non-exclusive, worldwide, perpetual, transferable, irrevocable right and license, under any and all rights you may have or obtain with respect to Your User Content, to use Your User Content for all purposes within this Website and its Products or Services. You further agree that You will not make any claims against the Company or against other Users of this Website or its Products or Services based upon any allegations that any activities by any of the foregoing within this Website infringe Your (or anyone else's) intellectual property rights or any other proprietary or privacy rights.
You further understand, acknowledge, and agree that: (i) You are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your User Content hereunder; (ii) You are solely responsible for, and the Company will have no liability in connection with, the legal consequences of any actions or failures to act on Your part while using this Website or any Products or Services, including, without limitation, any legal consequences relating to Your or any other person or entity's intellectual property rights or other proprietary or privacy rights; and (iii) the Company's acknowledgement hereunder of Your intellectual property rights or other proprietary right in and to Your User Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of the Company's intention not to require Users of this Website to forfeit or forego certain intellectual property rights, to the extent You may have any, with respect to any User Content submitted to this Website or in connection with any Products or Services, subject to the terms of this Agreement and any other rules, guidelines or agreements submitted, posted, presented or required by the Company.
Subject to the Privacy Policy, the Company retains ownership of all User account data, regardless of any intellectual property rights in User Content. You acknowledge and agree that You do not own the account You use to access this Website or any Products or Services, nor do You, subject to the Privacy Policy, own any data the Company stores on its servers (including without limitation any data or information representing or embodying any or all of your User Content).
Your intellectual property rights in any User Content, if any, do not confer any rights of access to this Website or to any Products or Services or any rights to data stored by or on behalf of the Company.
XIV. Statements, Testimonials, or Other Content About Your Trading Performance
To the extent You post or submit to the Website (or in connection with any of Our Products or Services, including on or in connection with Our online trading community) any statements, testimonials, or other content related to Your trading performance or to Our classes, methods, methodologies, price targets and valuations, or the like, such statements, testimonials, or content are considered User Content, and are subject to the license You have granted to Us as set forth above in Section XIII. We reserve the right to use such statements, testimonials, or other content as We may deem necessary or desirable for any purposes, including, but not limited to, advertising, marketing, providing Products or Services, or providing support services in connection with Products or Services. You grant to us authorization and a right and license to use such content, testimonials, and statements, including the use of Your trading name, for any commercial purposes or otherwise, including to use as testimonials in advertising.
Also, while We may express or utilize Your or other Students' or Users' testimonials or descriptions of past performances, You understand, acknowledge, and agree that such statements, content, or testimonials are not necessarily typical and are not indicative of Your or anyone else's future results or performances, and are not any representation, warranty, or guaranty that any particular results will be obtained by You. Your results at any time may differ materially from Your past results and from those expressed or utilized by Us due to a number of factors, as discussed in the General Disclaimers Regarding Trading and Investments.
XV. The Company's Control of Information Provided By Users and Of The Website
You understand and acknowledge that the Company is a service provider that has created this Website and the Products and Services to allow Users and Students to access and share information and to interact via this Website about subjects of their choosing regarding trading, investment strategies, stocks, and other trading, financial, and investment topics. You further understand and acknowledge that Students can alter the Content and other data and information presented to them on this Website on a real-time basis. As a general matter, the Company does not – and is unable to – regulate all the Content and other information presented on this Website, including any communications between Users or Users' interactions with the Website's Services or any communications in connection with Products. As a result, the Company has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of Content and other information provided by Students or Users.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT POSTED ON THIS WEBSITE OR IN CONNECTION WITH THE SERVICES. Although We provide rules for User conduct and postings, We do not – and cannot – control, and are not responsible for, what Students or Users may post, transmit, or share on this Website, nor are We responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content that may be on this Website or in connection with any User Content. We are not responsible for the conduct, whether online or offline, of any User of this Website or any User of the Products or Services.
XVI. Material Owned By Third Parties and Linked Content
This Website may include materials and content owned by third parties who are not Users or Students, as well as links to websites owned by third parties who are not Users or Students. Access to and use of any of this third party content or material is at Your own risk. Please exercise discretion while browsing the Internet.
You should be aware that, while you are on this Website, You could be directed to other sites that are beyond the control of the Company. There may be links to other sites from the Website's pages that take You outside of the Website and the Products or Services. This may include links from affiliates, business partners, sponsors, Content providers, or others that may or may not use the Company's logo(s) and/or trademark(s) as part of a co-branding or other agreement. When You leave this Site, be aware that this Website's terms, policies, and rules no longer govern. Moreover, these other sites may send their own "cookies" to users, collect data, solicit personal information, or contain information that You may find inappropriate or offensive. While the Company reserves the right to disable links from third party sites to this Website or vice versa, it makes no representations concerning the content of sites linked to this Website or listed or set forth anywhere within this Website. The Company makes no claim or representation regarding any information or content on such third party sites, and the Company takes no responsibility, directly or indirectly, for the accuracy or reliability of information, data, opinions, advice, statements, products, or materials, or any review, changes, or updates, on such third party sites, nor does it assume responsibility for Your reliance on or use of content, products, or other materials obtained from such sites. Such reliance is at your own risk. Moreover, the Company cannot be held responsible for the quality, accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to this Website or listed or set forth anywhere within this Website.
The Company's inclusion of any third party material or Content on this Website shall not be construed as Our endorsement of any third party or the third party material or content, nor does it imply affiliation or adoption by Us of any site or of any information.
No rights or license are granted to You in any of the third party material or content.
YOU AGREE TO DEFEND AND HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF ANY THIRD PARTY MATERIAL OR CONTENT THAT YOU ACCESSED THROUGH OR ON THIS WEBSITE.
XVII. Privacy
In addition to these Terms of Use (including the General Disclaimers Regarding Trading and Investments), Your use of and access to this Website also are governed by the Privacy Policy. The terms and conditions of the Privacy Policy are, by this reference, included within and made part of this Agreement, as though set forth here in full.
You understand that any message, Content, or information that you send, upload or otherwise submit to this Website may be viewed or intercepted by third parties, even if there is a specific notice that the information is encrypted.
For more information on Our policies for use of Your personal and confidential information, please consult the Privacy Policy.
XVIII. Disclaimer of Warranties, Limitation of Liability, and Indemnity
You expressly agree that use of this Website and any of the Products or Services is at Your sole risk and responsibility.
THIS WEBSITE AND ALL CONTENT ON THIS WEBSITE, INCLUDING ALL PRODUCTS AND SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY GUARANTEES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE CONTENT WITHIN THE WEBSITE, AND INCLUDING THE PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY ALL APPLICABLE LAWS, THE COMPANY (INCLUDING ANY OF OUR SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONTENT PROVIDERS, LICENSEES, LICENSORS, AGENTS AND AFFILIATES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS WEBSITE OR FOR INFORMATION PROVIDED BY OR ACTIONS OR OMISSIONS OF THIRD PARTIES. THE COMPANY DOES NOT WARRANT ANY CONTENT AVAILABLE AT OR THROUGH THE WEBSITE (AND ANY PRODUCTS OR SERVICES PURCHASED AND/OR ACCESSIBLE THROUGH THIS WEBSITE), INCLUDING SUCH CONTENT'S (OR PRODUCTS' OR SERVICES') CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, AND NO SUCH CONTENT (OR PRODUCTS OR SERVICES) SHALL BEAR OR CREATE ANY WARRANTY BY THE COMPANY. Some jurisdictions may not permit the exclusion of limited warranties. Thus, certain disclaimers and exclusions may not apply to You, because they will not apply to the extent that a warranty is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction.
The Company is not responsible for any incorrect or inaccurate Content posted on this Website, or posted or transmitted through and Products or Services by Us or by any Users or Students, even if such incorrectness, mistakes or inaccuracies are caused by any equipment or programming associated with or utilized in the Services or in any Products or otherwise on this Website.
The Company explicitly disclaims any responsibility for the accuracy, completeness, content, or availability of information found on sites that link to or from this Site. The Company cannot ensure that You will be satisfied with any products or services that You purchase from a third party site that links to or from this Website or third party content on this Website. The Company does not endorse any merchandise except as expressly provided, nor has the Company taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. The Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal or confidential information) that You may be requested to give any third party, and You hereby irrevocably waive any claim against the Company with respect to such sites and third party content. The Company strongly encourages You to make whatever investigation You feel is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
The Company is not responsible for the conduct, whether online or offline, of any User or Member.
The Company assumes no responsibility if this Website is unavailable or contains errors. IN CONNECTION WITH THE USE OF, OR THE INABILTY TO USE, THIS WEBSITE OR ANY MATERIALS OR FUNCTIONS ON THIS WEBSITE (INCLUDING ANY PRODUCTS OR SERVICES), THE COMPANY (INCLUDING ITS DIRECTORS, STUDENTS, EMPLOYEES, OR AGENTS) WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF DATA AND BUSINESS INTERRUPTION, WHETHER OR NOT THEY ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, INCLUDING ARISING IN ANY WAY FROM USE OF OR SERVICES OR PRODUCTS PROVIDED ON OR IN CONNECTION WITH THIS WEBSITE, THIS AGREEMENT, CONTENT ON THIS WEBSITE, OR YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, OR OTHERWISE. IN NO EVENT SHALL THE COMPANY'S OR ITS AFFILIATES' LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE (INCLUDING THE PRODUCTS OR SERVICES) OR YOUR INABILITY TO ACCESS THIS WEBSITE OR ANY OF THE CONTENT EXCEED $1,200. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF YOUR EQUIPMENT, USER CONTENT, OR MATERIALS DUE TO YOUR USE OF THIS WEBSITE OR THE COMPANY'S CONTENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON REMEDIES AND DAMAGES ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. Certain jurisdictions may limit the Company's ability to disclaim responsibility for these damages and to limit its liability. Thus, this disclaimer and limitation of liability may not apply to You, because it will not apply to the extent that a liability is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS CONTENT SOURCES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, AND LICENSEES, FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES (INCLUDING PUNITIVE DAMAGES), JUDGMENTS, SETTLEMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE AND/OR THE PRODUCTS OR SERVICES, YOUR FAILURE TO USE THIS WEBSITE AND/OR THE PRODUCTS OR SERVICES, YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT, OR YOUR BREACH OR ALLEGED BREACH OF THE COPYRIGHT, TRADEMARK, PROPRIETARY OR OTHER RIGHTS OF THIRD PARTIES.
XIX. Other Information Regarding Credit Cards, Payments, Billing, and Shipping Information
When You purchase Goods or Services pursuant to a transaction with the Company and/or with participating merchants, some of Our affiliates or partners, and/or with other third parties, to protect the security of Your credit card information, We employ the industry standard Secure Sockets Layer/Transport Layer Security ("SSL/TLS") technology. When the Company or one of Our payment processing service providers requests Your credit card information or other payment information, Your credit card number or other information is encrypted as that information may be transferred between Our Website to one of payment-processing service providers or to any other participating merchants and/or if/when information about Your order is stored in any manner.
Keep in mind that Your credit card number, other payment information, billing and/or shipping information, or other required financial information, may be provided to participating merchants from whom You may purchase goods or services and/or to financial institutions pursuant to transactions with Us and/or participating merchants. The merchants are solely responsible for how they use that information and any other information they independently obtain from You or about You. Otherwise, the Company does not share credit card information, other payment information, billing or shipping information, or other financial information with anyone else. For more information, please read the Company's Privacy Policy.
Note that this Website may contain links to other websites. For example, if You click on a banner ad from a third party linked to Our Website or if You click on a link embedded in another Member's User Content, You will leave Our Website and will be interacting directly with a third party website. Any information that You provide to that third party once You leave this Website, including Your credit card information, other payment information, or other personally identifiable information, is subject to the privacy policies of those third parties. We encourage You to read the privacy statement of every website that You visit — whether linked to Our Website or otherwise — to learn how those other websites collect and use information from users.
When You purchase Goods and Services from Us, please note that You will be receiving a streaming or digital version. No physical copies of Products or other Content or materials will be shipped or provided to You.
XX. Changes/Modifications to the Website (Including as to Pricing), Communications With You, and Termination/Cancellation
Changes/Modifications; Communications With You
The Company reserves the right at any time and for any reason to change, modify, suspend, or discontinue any aspect of this Website, these Terms of Use, the material within this Website, the Privacy Policy of this Website, or any third party material posted on or linked to this Website without notice or liability to You. You acknowledge and agree that the Company may at any time and for any reason change or modify the Website, including, without limitation, the content, materials, Products, and Services offered thereby, as well as the fees, costs, and pricing associated with any of the foregoing, and including suspending or discontinuing , temporarily or permanently, any aspect of this Website, all without notice.
Any new features that augment or enhance the then-current version of this Website, including the release of new Content, Products, or Services, or any tools, resources, or other materials, shall be subject to these Terms of Use, and may result, in Our sole discretion, to price increases. You understand and acknowledge that We shall not be liable to you, or to any third party, for any damages, costs, expenses, or other liabilities related to any modifications, price changes, suspensions, or discontinuances of this Website or to any Products or Services.
Without limiting the foregoing, You understand and acknowledge that the Company may use banner notices or similar devices to alert You to certain modifications to the Website or the pricing associated therewith. Alternatively, notice to You of any modifications may consist of an e-mail from Us to an e-mail address associated with Your account, even if We may have other contact information for You. You also agree and acknowledge that We may communicate with You through any available means, including e-mail, mobile number, telephone, or delivery services, including the postal service, about Your account or about any purchases by You, or about any Products or Services associated with the Website. You acknowledge and agree that We shall have no liability associated with or arising from Your failure to maintain accurate contact or other information, including, but not limited to, Your failure to receive critical information about the Website, pricing, or anything else.
Termination/Cancellation
Your account or any access to Products or Services may be terminated and cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued if Your account or other periodic fee-based Products or Services are cancelled prior to the end of the applicable period or term.
Thus, notwithstanding any other provision of this Agreement, We, without prior notice to You and in Our sole discretion and judgment, reserve the right to cancel, suspend, or refuse access to this Website or any of its Services to anyone, to delete Your account, and/or to terminate Your membership for any reason, including if We believe that You are under eighteen (18) years of age. Also, We reserve the right to terminate any membership and delete any account if the account has been inactive for an extended period of time. Thus, Your access to this Website and to Our Products or Services may be terminated immediately without notice to You for any reason. In particular, We may terminate Your access to this Website if, in Our sole judgment and discretion, You fail to comply with any term of these Terms of Use or anything within the Website's Privacy Policy.
Your account or Your use of or access to any Products or Services may be cancelled at any time by (i) clicking here or by clicking on the "Subscriptions" tab in the Dashboard, which may be accessed at https://superluckeee.com/member-dashboard/ and following onscreen prompts. or (ii) by requesting such cancellation in writing by e-mailing Us at info@superluckeee.com or admin@superluckeee.com, which cancellation request must receive a confirmation of receipt from Us and which cancellation request will be processed by Us in accordance with its timelines and procedures for e-mail cancellations. Cancellation requests by telephone, facsimile or other means of communication other than through e-mail or Our Dashboard/portal, cannot, and will not, be accepted, honored or effective.
The cancellation or termination of your account or membership will immediately result in the deactivation and deletion of Your account, the denial of access to the Website and to any Products or Services, and the forfeiture and relinquishment of all Content and information within or related to Your account or any Products or Services. No data, Content (including User Content), or information can be recovered once Your account has been cancelled, and You assume all responsibility for preserving any data, Content, or information on Your account or in connection with any Products or Services prior to the cancellation of Your account. You acknowledge and agree that We may retain data, content or information from Your account after cancellation in backup and/or archival copies of the Website and related databases, but such copies, if any, will not be available to You.
Upon termination or cancellation, You must cease use of this Website, and, subject to the terms of any specific license agreement that You may have entered into with Us on or in connection with this Website or in connection with any Products or Services, You must immediately destroy any Content or materials downloaded and/or printed from this Website or otherwise obtained from Us, and all copies thereof, whether made pursuant to the Limited License, under the terms of these Terms of Use, or otherwise, as well as any installations of materials that You have obtained from this Website or otherwise from Us.
Even after a membership is terminated or cancelled and/or account deleted, this Agreement will remain in effect.
XXI. Notice and Procedure For Making Claims Of Copyright Infringement
As set forth above, You may not post or otherwise upload, use, send, or display any copyrighted material, trademarks, or other proprietary content or materials belonging to third persons or entities unless and until You have obtained the prior written consent of the owner of such proprietary rights. We reserve the right to terminate the accounts of any Students (or disable access to this Website of any Users) who infringe the intellectual property rights of others, and, when reported through proper notification to Us by the copyright owner or the copyright owner's legal agent or representative), it is the policy of the Company to remove Content that amounts to copyright infringement and/or to terminate the membership privileges of any Student who repeatedly infringes the copyright rights of others.
Without limiting any of the foregoing, pursuant to the Copyright Act, section 512(c)(2) of Title 17 of the United States Code, if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website, You should notify the Site administrator of the claimed copyright infringements in accordance with the procedure set forth below.
This Website will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notification of claimed copyright infringement be sent to the designated agent. Our designated agent can be found at info@superluckeee.com, and communications to the designated agent about claims of copyright infringement should include a subject line indicating that the e-mail is about copyright infringement and/or enforcement
To be effective, pursuant to the DMCA, 17 U.S.C. § 512(c)(3), the notification must be in writing, and it must contain the following information:
- 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 on-line site are 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective.
Please be aware that if You knowingly materially misrepresent that any User Content, material, or activity on the Website is infringing Your copyright, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
XXII. Consumer Rights Information; California Civil Code Section 1789.3 Compliance
With regard to any charges for any Services, products, Content, or information, relevant pricing information will be posted as part of the ordering process for this Website, and We reserve the right to post or not post such information in these Terms of Use and/or on other relevant pages of the Website.
Pursuant to California Civil Code section 1789.3 and California Business and Professions Code section 17538, Californians have rights to the following additional information:
The mailing address, e-mail address and telephone number for The Company, Inc. and other information regarding contacting Us in connection with complaints or inquiries are:
Aevitas Partners, LLC
8601 Wilshire Blvd
Beverly Hills, CA
90211-3015
USA
info@superluckeee.com
You may contact Us with complaints and inquiries regarding pricing or Products or Services, and We will investigate those matters and respond to inquiries.
If any complaint with Us is not resolved to Your satisfaction, You can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
XXIII. Governing Law and Choice of Law
This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by, construed, and interpreted in accordance with the laws of the United States of America and of the State of California, regardless of any conflict of laws principles, rules, policies, or doctrines. This Agreement shall not be governed by any international laws or rules. This Agreement is deemed accepted, executed, wholly entered into and wholly performed in the County of Los Angeles, State of California, independent of Your actual state or county of residence and/or domicile. Any dispute arising out of or under or relating to this Agreement, whether at law or in equity, shall be resolved exclusively in the federal or state courts located in the County of Los Angeles, State of California, unless the parties mutually agree otherwise in writing, and You and the Company hereby irrevocably and unconditionally consent to the exclusive venue and personal jurisdiction of such courts, and waive any objections based on the doctrine of forum non conveniens.
XXIV. Compliance With Export Control Laws/Territories Where Access Is Illegal
Some software, documentation, or technical information available on or through this Website may be subject to U.S. or foreign export control laws. By accessing, downloading, or using such software, documentation, or technical information, You represent and warrant that You are in compliance with any such applicable laws and regulations. The Company makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. YOU AGREE NOT TO ACCESS THE WEBSITE FROM TERRITORIES TO WHICH EXPORT IS PROHIBITED OR WHERE SUCH ACCESS IS ILLEGAL.
XXV. Miscellaneous General Provisions
This Agreement, including the General Disclaimers Regarding Trading and Investments and the Privacy Policy, information communicated to You on, by, or through the Website, and any specific license agreements that You enter into with Us on or in connection with this Website or Our Products or Services, constitutes the entire agreement between the Company and You with respect to Your use of this Website, and it supersedes all previous and contemporaneous agreements or understandings, whether oral or written, between the Company and You with respect to Your use of this Website (and use and access to the Content and the Products and Services), and, other than as expressly stated herein, it shall not be modified except in a writing signed by both parties. No action of the Company, other than the express written waiver or amendment, may be construed as a waiver or amendment of this Agreement. If, for any reason, a court of competent jurisdiction finds any portion of any provision of the Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be found by a court of competent jurisdiction to be unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of any remaining provisions. The parties confirm that it is their wish that this Agreement, as well as any other documents relating to this Agreement, including notices, has been and shall be written solely in the English language to be valid. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including, but not limited to, provisions for indemnity and any licenses granted by you to the Company. The failure of the Company to exercise or enforce any provisions of this Agreement shall not constitute a waiver of such right or provision.
If You have any questions, feedback, or comments regarding the Terms of Use (including any and all documents that comprise the Terms of Use, including, but not limited to, the Privacy Policy), the Website, the Services or Products offered on or through this Website, or regarding the Company, please contact Us at info@superluckeee.com.
Last updated on June 27, 2021.