Welcome to Lucky’s, owned and operated by Lucky’s. This App Agreement (the “Agreement”) is between you and Lucky’s and its affiliates and subsidiaries (“Company”). You may contact Lucky’s at 1707 N. John Redditt Drive Lufkin, TX 75904; 936-632-8004; Use of this Application (the “App”) signifies your agreement to the terms and conditions of use set forth below in the Agreement.
Agreement to Terms. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APP. If you do not agree to these terms and conditions of use, you may not access or otherwise use this App.
Use of Information. Company may monitor your use of this App, and may freely use and disclose any information and materials received from you or collected through your use of the App for any lawful reason or purpose, consistent with the Privacy Statement posted on this App.
Modification of Agreement. Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the App. Use of the App after such notice will be considered an agreement to be bound by any such changes. You should review this page from time to time to read any changes.
Copyright Protection and Use of Company Information or App. The App is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the App are only for your personal use. All materials contained on the App are protected by copyright and are owned or controlled by Company or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the App. Company does, however, invite you to make a single copy of information published on the App for your personal, non-commercial use provided that you maintain all copyright and other notices contained in such Content. Otherwise, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company or the copyright holder identified in the individual Contents copyright notice. Company names, logos, and trademarks may not be otherwise used by you in any manner without the prior written consent of Company.
Right to Change App. Company may change, suspend or discontinue any aspect of the App at any time, including the price and availability of any product, App feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the App without notice or liability. Company reserves the right, in its sole discretion, to refuse service or cancel orders.
Your Warranties to Company. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the App any materials which (i) restrict or inhibit any other user from using and enjoying the App , (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) that you are at least eighteen (18) years old; and (c) that you shall not use, access, or modify this App , any of its content or any of the information or data transmitted through the App for any purpose or in any manner not expressly authorized by these Terms and Conditions of Use. Lucky’s reserves the right to pursue any and all civil and criminal remedies for any breach of the warranties contained herein.
Information on Children. Company does not seek to gather personal information from or about persons under the age of 18 through the App and persons under the age of 18 are requested not to provide personal information to Company through the App without the involvement of a parent or guardian.
Indemnification for Your Breach of Agreement. You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties') harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company. The maximum liability collectively of the Indemnified Parties shall not exceed One Hundred Dollars ($100) for any damages of any nature, including gross negligence, arising in contract or tort or otherwise.
No Responsibility for Links. The App contains links and pointers to other World Wide App Internet s, resources, and sponsors of the App. Links to and from the App to other third-party s, maintained by third parties, do not constitute an endorsement or representation of the accuracy by Company or any of its subsidiaries or affiliates of any third party resources, or their contents or the conditions respecting the use thereof. Such links do not constitute sponsorship, endorsement, adoption, or approval of such App s or their contents by Company. You are responsible for determining the conditions of use and taking protective measures against viruses when accessing any linked s.
User Postings. Company does not and cannot review all materials posted to the App by users, and Company is not responsible for any such materials posted by users. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement.
No Warranty as to Information. Company does not represent or endorse the accuracy, completeness or reliability of any description, price, statement, text, graphics, links or other information displayed or distributed through the App, including those of its affiliates and subsidiaries (collectively “App”). You acknowledge that any reliance upon any such statement, memorandum, or information shall be at your sole risk and responsibility. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the App.
NO WARRANTY. THE APP, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY APP, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE APP OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY APP , FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APP OR ANY LINKED . FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LMTATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, A VISITOR'S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF A VISITOR'S ACCESS TO, USE OF, BROWSING IN, OR DOWNLOADING OF ANYTHING FROM, THE APP. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE APP , INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
NO AWARD OF DAMAGES AGAINST COMPANY. IN NO EVENT SHALL COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THIS APP OR ANY LINKED APP. THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA.
Use of Your Information Except as provided otherwise in Company’s Privacy Statement posted on this App , by posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications') to the App , you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. Any visitor to the App transmitting or providing information to Company via E-mail or otherwise agrees that Company has unlimited rights to such information and that Company may treat such information as non-confidential and non-proprietary and may use such information in any way Company chooses without compensation or acknowledgement of its source, except as otherwise restricted by applicable law.
No Confidential Information.. Except as provided otherwise in Company’s Privacy Statement with respect to certain personal data and financial information, you acknowledge that transmission to and from this App is not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to this Agreement.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF OHIO. VENUE SHALL BE LIMITED TO THE COUNTIES OF MONTGOMERY, GREENE OR CLARK, STATE OF OHIO.
Entire Agreement. This Agreement and the Privacy Statement constitutes the entire agreement between Company and you with respect to your use of the App. Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, 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. Company disclaims any and all responsibility for content contained in any third-party materials provided through links from the App. Use of paragraph headings is for information purposes and do not expand or limit the terms of the paragraphs.
Dispute Resolution. Except for the right of either party to apply to a court of competent jurisdiction for injunctive relief, any controversy or claim arising out of or relating to this Agreement, other than as to ownership or title to intellectual property rights in the proprietary information of Company, shall be settled by arbitration in Springfield, Ohio, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Arbitration shall be conducted by a panel of three members, Company and you each selecting one member and the third member, who shall be chairperson, selected by agreement between the other two members. The chairperson shall be an attorney-at-law, and the other members shall have a background or training in computer law, computer science, or marketing of computer products. The arbitrators shall have the authority to grant injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. If an arbitrator lawfully awards damages to you, such damages shall not exceed one hundred dollars ($100).
See also Company’s Privacy Statement