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Privacy Policy

  

Last Updated: Jan 1st, 2024

This website (the “Site”) is owned and made available by Lucky Development, LLC. (“Lucky Development,” “we,” “us,” or “our”). This Privacy Policy describes the information collected by Lucky Development and its suppliers through the Site (“Collected Information”) and how that information is used and disclosed. This Privacy Policy also describes your choices regarding the use of your information, how you can correct inaccuracies in your information, and how we communicate changes to this Privacy Policy.

By accessing or using the Site, by accepting the Site’s Terms Of Use, or by entering into any other agreement with Lucky Development that governs access to or use of the Site, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand this Privacy Policy. If you do not agree with this Privacy Policy, do not access or use the Site.

We reserve the right to update this Privacy Policy at any time. All updates will be effective immediately upon posting of the updated Privacy Policy on the Site. Material changes will be clearly posted on the Site or otherwise communicated to you.

This Privacy Policy is incorporated into and made a part of our Terms of Use and any other agreement that references this Privacy Policy or governs access to or use of the Site.

Table of Contents

1. Information We Collect and How We Collect It

2. Information You Submit

3. Other Information Collected

4. How We Use and Share Collected Information

5. Your Choices and Access

6. Security

7. Third-Party Websites

8. Contact Us

1. Information We Collect and How We Collect it.

The information we may collect generally falls into the following categories:

· Information that you voluntarily provide to us, for example, your contact information, payment information, and user-generated content.

· Information collected through your use of the Site, for example, account activity, data collected by the servers used to operate the Site (e.g., IP addresses and device information), data collected by analytics and advertising services, data collected when you connect using or share information via social media platforms, and data collected by cookies and tracking technologies.

2. Information You Submit.

· Personal Information. You can visit the Site without submitting your personal information to us but you will be required to provide your personal information in order to sign up for an account through the Site (where that option is available), to contact us through the Site, or to use certain other features of the Site. We will collect any personal information from or about you that you choose to provide to us, which may include, without limitation, your name, physical address, telephone number, email address, and payment information. We will use your personal information as described below in this Privacy Policy, including to set up and administer your Site account (where applicable) and to communicate with you. Additionally, if you provide a mobile or other telephone number to us, you consent to receiving telephone calls from us at that telephone number as described below, but only to the extent permitted by applicable law.

· Order & Payment Information. To buy products using the Site, where that option is available, you must provide your contact information (e.g., name and shipping address) and payment information. All purchases made using the Site must be made by credit or debit card. Lucky Development does not directly access, handle, or store credit or debit card information submitted through the Site. To make a purchase using the Site, you will need to provide your name and your credit or debit card type, number, expiration date, security code, and billing address. This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

· You are responsible for any data, information, images, messages, documents, and other content that you enter, submit, create, post, upload, transmit, or otherwise provide through or using the Site, including by submitting comments. You provide the information requested on the comment form and Lucky Development also collects your IP address and browser user to help with spam detection.

An anonymized string is created from your email address (“hash”) and is provided to Gravatar to see if you use the email or if it is spam. After approval of your comment, your profile picture is visible to the public int eh context of your comment. We encourage you to review Gravatar’s Privacy Policy.

· User-Generated Content. You are responsible for any data, information, images, messages, documents, and other content that you enter, submit, create, post, upload, transmit, or otherwise provide through or using the Site. All user-generated content is provided at your own risk. We cannot guarantee that user-generated content you provide will not be viewed by unauthorized persons. You understand that, even after removal, copies of user-generated content you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other Site users. Lucky Development will make user-generated content available, including publicly available, to other Site users and to the public, as applicable and at its sole discretion, and will use and disclose user-generated content for the purpose for which it was provided as indicated at the point of collection. For more information on user-generated content, please review our Terms of Use.

· Requests for Information, Quotes, and Support. To request a quote for a Lucky Development product or to request information via the Site, you will need to provide your contact information (as discussed above) and, as applicable, details of the product(s) or information in which you are interested.

· Marketing Communications. If you sign up or otherwise opt in to receive product recommendations, promotions, or other communications from us, you will need to provide your email address. We will use this information to send you Lucky Development updates and promotional and other electronic communications. You may opt out of receiving updates and other emails from us at any time by following the unsubscribe instructions in the applicable email. We may use third-party email providers to deliver these communications to you.

3. Other Information Collected.

As you navigate and use the Site, certain information can be passively collected—that is, gathered without the user actively providing the information or being concurrently made aware of the collection of information—using various technologies. We passively collect a variety of types of information in a variety of ways, including:

· IP Addresses and Related Data. The servers used to operate and provide the Site may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Site, including Internet protocol (“IP”) addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), device ID numbers and unique identifiers, your media access control (MAC) address, your operating system, your computer screen resolution, your web browser type, the pages you access on the Site, the websites you access before and after visiting the Site, the length of time you spend on the Site, date and time stamps, clickstream data, your approximate geographic location, performance statistics, and usage data. Lucky Development may use this information to administer the Site and its servers, to generate statistical information, to monitor and analyze Site traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Site.

We may combine this information with other Collected Information (including personal information) and information obtained from third parties for security reasons and to protect our rights or the rights of others. The suppliers that we use to provide the Site may collect information about your visits to the Site and other websites. Some of this information may be collected using cookies and similar tracking technologies as explained below under “Cookies and Tracking Technologies.”

· The Site uses third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Site, including when you visit the Site, URLs of the websites that you visit prior to visiting the Site and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Site’s structure and content.

For more information on how Google uses this data, visit Google’s Privacy Policy and Google’s page on How Google uses data when you use our partners' sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent Lucky Development from using other analytics tools and will not prevent data from being sent to the Site itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed below, but that may impact your use and enjoyment of the Site.

· Advertising Networks, Personalized Advertising, Remarketing, and Retargeting. From time to time the Site may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including Google Ads and advertising services provided by Facebook (sometimes referred to the Facebook “tracking pixel”), Instagram, and Amazon. These services collect information about your visits to and interactions with the Site and other websites and will use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information.

Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Site and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.

Through Google Ads, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Site and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet.

We may also enable and implement the following Google Analytics Advertising Features on the Site: Remarketing with Analytics, Demographics and Interest reporting, Campaign Manager integration, Display & Video 360 integration, Google Display Network (“GDN”) Impression Reporting, and Segments. Remarketing with Analytics uses Google Analytics cookies to serve advertisements to you across the Internet based on your visits to the Site. Demographics and Interest reporting uses a third-party cookie to collect information about our Site traffic by tracking users across websites and across time, which generates a report for us to better understand Site users. Campaign Manager integration allow us to view, analyze, and create remarketing lists using our Campaign Manager data in Google Analytics. Display & Video 360 integration allows us to create remarketing lists in Google Analytics and have those lists available in Display & Video 360. GDN Impression Reporting allows us to measure the impact of unclicked GDN Display ad impressions on website behavior and conversions. Segments allows us to isolate and analyze subsets of Site users by sorting our Google Analytics data.

To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Site.

To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time.

· Social Media. The Site may allow you to connect and share information with social media platforms and we may be required to implement cookies, plug-ins, and APIs provided by those social media platforms in order to facilitate those communications and features. We may share information that you provide us or that we may collect about your use of the Site with those platforms and that information will be subject to their privacy policies. We encourage you to review the privacy policy of any social media platform that you use in connection with the Site. In addition, by choosing to use any third-party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. We cannot control any policies or terms of such third-party platforms. As a result, we cannot be responsible for any use or disclosure of your information or content by third-party platforms, which you use at your own risk.

· Cookies and Tracking Technologies. We use “cookies” on the Site. A cookie is a piece of data stored on a Site visitor’s hard drive by the visitor’s web browser. We use cookies to help us improve your access to the Site (for example, by remembering your contact and other information when you access or use the Site), to identify repeat visitors to the Site, to track how you access and use the Site, to learn when and how users visit the Site, to learn how popular Site pages are and aren’t, to learn which search terms are used to find the Site, to learn which websites direct you to the Site, to help display certain information on the Site, and to improve your enjoyment of the Site.

The Site may use both cookies that we implement and cookies implemented by our suppliers and other third parties. “First-party” cookies allow your browser to talk to the actual website that you are visiting, whereas “third-party” cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider.

Most browsers automatically accept cookies. Browsers generally also allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete cookies stored previously. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website. You can disable or limit cookies but doing so may impact your use and enjoyment of the Site and other websites. For example, the Site may not be able to be personalized for you, may no longer capture or remember your preferences or other choices you have made on the Site in the past, and may not remember your name or contact information.

Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new computer, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

Our suppliers may use cookies and tracking technologies, such as pixel tags, to track Site visitors across the Internet to understand how you get to the Site and for the analytics purposes disclosed in this Privacy Policy. We do not have access or control over these cookies and this Privacy Policy does not cover the use of third-party cookies.

The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of cookies used, the types of information collected by those cookies, and the purposes for which that information are used are described below. We may combine information collected by cookies with other Collected Information.

1. Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Site. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Site to make use of its functions. Without these cookies, features and services you have requested will not be able to be provided.

2. Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Site. This may include to remembering choices you make, for example, remembering your preferences or settings, remembering if you reacted to something on or through the Site so that you are not asked to react to it again, remembering if you have used any feature of the Site before, remembering your username or preferences, remembering if you have used any feature of the Site before, restricting the number of times you are shown a particular advertisement, and enabling social media components. If functional cookies are disabled, various functions of the Site may be unavailable to you or may not work the way you want them to.

3. Performance cookies (also called analytical cookies). These cookies assess the performance of the Site, including as part of our analytic practices to help us understand how visitors use and interact with the Site, for example, which pages on our websites that users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.

4. Advertising or targeted cookies. These cookies record your visits to the Site, the pages you visit on our websites, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. Lucky Development and its third-party advertising platforms or networks may use this information to make the Site and its content more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed above). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, https://www.allaboutcookies.org/, and https://www.youronlinechoices.com/.

A cookie can either be a “session” cookie or a “persistent” cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period of time, for example, six months or one year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date. You can also manually delete persistent cookies as discussed above.

The Site may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). Web beacons are tiny graphics with unique identifiers that functions similar to how cookies function but, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Pixel tags can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

· How We Respond to Do-Not-Track Signals. Due to the automatic collection of data using cookies as described above, we do not honor “do not track” requests. For this reason, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of information using cookies and other tracking technologies.

4. How We Use and Share Collected Information.

In addition to the uses and sharing described above, Lucky Development and its suppliers may use and disclose Collected Information as described below. We do not use, sell, rent, or otherwise disclose Collected Information except as stated in this Privacy Policy and as required or permitted by applicable law.

· Purpose Collected and Communication with You. We will use and share your personal information and other Collected Information for the purpose for which it was collected, for example, to process and communicate with you in connection with your purchases, your requests for information, and user-generated content you provide, to administer your Site account and Lucky Development business activities, to provide customer support to Site users, and to provide you with information and communications that you request. User-generated content will be used for the purpose for which it was provided, including to make that content available to other users of the Site, if applicable. If you provide us with your telephone number, we may call you regarding your order or in response to your questions or comments. We may also use Collected Information to notify you of changes made to the Site (e.g., changes to our Terms of Use or this Privacy Policy).

· Promotional Communications. Lucky Development may use Collected Information to send you promotional communications about Lucky Development and its products to the extent permitted by applicable law and in accordance with your preferences. In order to provide you with a personalized experience, these communications may be tailored to your preferences based on, for example, inferences we make using your visits to the Site or the links you click on in Lucky Development emails. You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions contained in the email, where applicable, or by contacting us using the contact information provided below under “Contact Us.” Note that, even if you opt out of receiving promotional communications from Lucky Development, you may still receive administrative communications from us with respect to your use of the Site.

· Sharing Collected Information with Our Suppliers. We may disclose Collected Information to our and our affiliates’ respective suppliers and service providers as necessary for us to provide the Site and our products and services to you, to engage in the use and sharing of Collected Information as permitted by this Privacy Policy, and as may be otherwise required or permitted by applicable law. These third parties include, without limitation, our website and software management and hosting suppliers, payment processors, shipping and freight providers, online storefront providers, support service providers, cloud storage providers, information technology security providers, marketing and public relations service providers, and email service suppliers. Our suppliers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable products and services to us and as provided by their own privacy policies.

· Evaluation and Improvement of Our Offerings. We may use and disclose Collected Information to analyze, develop, and improve the content, materials, products, and services that we provide; to inform marketing and communication plans and strategies; to understand use demographics and preferences; to analyze the effectiveness of the Site; and to evaluate user needs and customize Site content and the user experience.

· Data Aggregation. To the extent permitted by applicable law, we may aggregate personal information, user-generated content, and other Collected Information and use that aggregate data for our business purposes. We may use aggregate data to understand Site users’ needs and usage patterns, to determine what kinds of products and services we can provide, and to improve and enrich our products and services. We may provide aggregate information to our affiliates, suppliers, and other third parties for these purposes. We may also combine Collected Information with other information in our possession for purposes of using information as described in this Privacy Policy.

· Lawful Processes; Security and Protection of Rights. We may use and share Collected Information as required or permitted in accordance with subpoenas, court orders, valid law enforcement requests, governmental agency requests, and other legal processes. We may use Collected Information and share it with third parties if we believe doing so is necessary or appropriate to protect our rights or the rights of others, including disclosing information as necessary to protect our operations, to enforce or bring legal action in the event of a violation of our agreements or policies, or to pursue remedies or limit damages that we may sustain.

· Business Transactions. If Lucky Development undergoes a change in control, acquisition, merger, reorganization, or asset sale (in whole or in part), we may transfer, sell, share, or otherwise disclose Collected Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Collected Information in connection with the evaluation of those transactions. Those owner(s), successor(s), and other recipients, as applicable, will be bound by this Privacy Policy as it applies to the information disclosed. Also, if Lucky Development or any of its assets are acquired or if Lucky Development goes out of business, enters bankruptcy, or goes through some other change in control or reorganization, Collected Information may be one of the assets transferred to or acquired by a third party.

· With Your Consent. With your consent, we may use and share your personal information and other Collected Information in ways not specifically described in this Privacy Policy.

· Lucky Development will retain personal information for as long as it’s needed for or otherwise serves the purposes outlined in this Privacy Policy, subject to applicable law.

5. Your Choices and Access.

We give you choices regarding our use and disclosure of your personal information. To access or update your personal information as it exists in our records, please contact us using the contact information below under “Contact Us”.

6. Security.

Lucky Development does not guarantee that loss, misuse, or alteration of Collected Information will not occur, but we have implemented appropriate security measures to help protect against the loss, misuse, and alteration of information under our control. The storage and communication of information can never be completely secure, so we do not guarantee that communications or other information that you submit or that are otherwise provided to us will be completely secure. If you become aware of any breach of Site security or this Privacy Policy, please notify us at [email address] immediately. If our security system is breached, we will notify you of the breach only if and to the extent required under applicable law.

7. Third-Party Websites.

The Site may link to, or be linked to, websites, or services not maintained or controlled by Lucky Development. Lucky Development is not responsible for the privacy policies or practices of any third parties or any third-party websites, applications, or services. This Privacy Policy does not apply to any third-party websites, applications, or services or to any personal or other information that you may provide to third parties. You should read the privacy policy for each website, application, and service that you visit or use.

8. Contact Us.

If you have any questions or concerns about this Privacy Policy or our collection, use, or disclosure of your information, please contact us below or at:

Help@LuckyDevCo.com

216-282-6225

Terms of Service

  

Terms of Use 

Last Updated: January 1, 2021

These Terms of Use (“Terms”) govern your access to and use of this website (including all content and underlying technology, the “Site”), which is made available by Lucky Development, LLC. (“Lucky Development,” “we,” “us,” or “our”).

By accessing or using the Site, you agree on behalf of yourself and any company or organization that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be prominently posted on the Site or otherwise communicated to you.

  1. Privacy Policy. We may collect certain information about you and from your use of      the Site as described in our  Privacy Policy, which is incorporated into and made a part of these Terms. Your use of the Site constitutes your consent  to the information collection, use, and sharing described in our Privacy Policy.

  • Permitted Use. Provided you comply with these Terms, you may access and use the Site solely for your own personal purposes and, in any event, in accordance with all related      documentation or restrictions posted on the Site or otherwise provided by Lucky      Development.

 
 

  • Intellectual Property      Rights. The Site, including its text, audio, video, graphics, charts,      photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content are exclusively the property of Lucky Development or, as applicable, its suppliers and licensors, and are protected by copyright,      trademark, and other intellectual property laws. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to Lucky Development or      any third party is prohibited and may be prosecuted to the fullest extent of the law.

Any and all data collected by Lucky Development or its suppliers, but excluding any personal information, is, as between you and Lucky Development and to the extent permitted by applicable law, owned exclusively by Lucky Development. Additionally, any and all anonymized and aggregated data created based on or using personal information is, as between you and Lucky Development and to the extent permitted by applicable law, owned exclusively by Lucky Development. You acknowledge and understand that Lucky Development may, subject to applicable law and without compensation to you, use Lucky Development-owned data in any manner for its business purposes.

No licenses or other rights, express or implied, are granted by Lucky Development to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Lucky Development and all such rights are reserved and retained by Lucky Development.

Copyright © 2021 Lucky Development, LLC. All rights reserved.

  • Your Warranties. You represent and warrant that:

 
 

  • You have the authority to enter into these Terms;
  • You are at least eighteen (18) years of age or, if you are under the age of eighteen (18), you have reviewed these Terms with your parent or guardian and they understand and      have agreed to accept these Terms;
  • You are under no contractual obligation that will interfere with your ability to perform under these Terms;
  • You will not access or use the Site in any manner not permitted by these Terms;
  • You will perform your obligations and exercise your rights under these Terms in compliance with all applicable laws and regulations (including any applicable rules regarding online conduct); and
  • All information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief.

 
 

  • Use Restrictions. You will NOT, nor will you permit any person to:

 
 

  • Copy, download, reproduce, display, duplicate, sell, publish, disclose, post, license, rent,      distribute, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, discover the source code of, combine with other computer code or materials, translate, adapt, update, or modify the Site or any of its content;
  • Obscure, remove, alter, or modify any copyright, trademark, or other proprietary markings, designations, or notices in or on the Site;
  • Access or use the Site for unlawful purposes;
  • Provide inaccurate, incomplete, or out-of-date information via the Site;
  • Create a false identify, hide your true identity, or impersonate or attempt to impersonate any person, business, or Site user other than yourself;
  • Commit fraud or falsify information in connection with your use of the Site;
  • Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any      purpose;
  • Access or use the Site to develop, create, produce, enhance, or add to any database;
  • Access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices      or mechanisms;
  • Use the Site, including any of their content, in any way that infringes on or violates the rights of any other person or entity;
  • Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site;
  • Submit or provide through or using the Site any information or content that is defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the rights of third parties;
  • Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware,      ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks;
  • Engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult;
  • Access, use, or analyze the Site for any purpose that is to Lucky Development’s detriment or commercial disadvantage; nor
  • Act maliciously against the business interests or reputation of Lucky Development or any Site user.
  • Orders and Payment. All amounts due for products made available on or ordered using the Site (“Products”) must be made by credit or debit card unless other options are made available to you. If the payment information you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our applicable third-party payment processor. Information about our collection and use of payment-related information is described in our Privacy Policy.

 
 

  • Terms of Sale. All Products are subject to this section. These Terms, including this section,      constitute the complete and exclusive statement of the terms governing the sale of Products. Your purchase and acceptance of Products as stated below manifest your agreement with this complete and exclusive statement of terms.

  1. Order Acceptance. Nothing on the Site constitutes an offer, but an invitation to you to make an offer to order products through the Site. All orders are subject to acceptance by Lucky Development. In addition, there may be certain orders that we cannot accept or must cancel. We reserve the right, in our sole discretion and without liability, to reject or cancel any order not yet shipped for any reason, including the following: limitations      on quantities available for order; inaccuracies or errors in product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require verifications, approvals, or other information before considering acceptance of any order. We will contact you if all or any portion of your order is rejected      or canceled or if additional information is required to accept your order. An order is deemed accepted when Lucky Development ships the products ordered, and Lucky Development will charge your credit or debit card upon such shipment.
  2. Shipping and Handling; Taxes. Unless otherwise noted, shipping and handling fees will be      charged separately and are your responsibility. Lucky Development charges you for sales, use, and other taxes for products ordered through the Site to the extent required by law.
  3. Availability. The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Product colors and measurements are approximate and may vary from the representation in the Site. These differences will not constitute a defect in or noncompliance of any product. Availability of products may be limited and products may not be available for immediate delivery. Lucky Development makes no guarantees with respect to shipping or delivery dates. Some products may not be available in certain areas. Lucky      Development is not liable for any damages or losses you may suffer as a result of any shipment delays.
  4. Pricing. Pricing errors may occur on the Site from time to time. Lucky Development attempts to correct all pricing errors as soon as Lucky Development becomes aware of an error, but Lucky Development is not responsible for any pricing or typographical errors on the Site. Lucky Development reserves the right to cancel any orders containing pricing      errors‚ with no further obligations or liability to you‚ even after your receipt of an order confirmation or shipping notice from Lucky Development. Any payments you make to Lucky Development for orders that are cancelled due to pricing errors will be refunded.
  5. Title and Risk of Loss. Title to products will pass to you when you receive the products. Lucky Development will bear the risk of loss or damage to products while in transit to you.
  6. Order Cancellations. Order cancellations are at Lucky Development’s sole discretion. Our goal is to ship orders promptly, so it is often not possible to cancel an order once it has been processed. If you wish to cancel an order, please contact our customer service department at   Help@LuckyDevCo.com   or 216-282-6225 to see if we can change or cancel the order before it ships.
  7. Return Policy. We do not allow for the return of products unless a product arrives damaged. If you wish to ask about returning a product, please contact our customer service department at Help@LuckyDevCo.com or 216-282-6225. Any product returns are solely within Lucky Development’s discretion.
  8. No Resale. Resale of Products purchased through the Site is prohibited.
  9. Product Descriptions. Lucky Development strives to provide accurate information on      Products. However, Lucky Development does not represent or warrant that product descriptions, technical specifications, or other information are accurate, complete, reliable, or error-free. In the event that there is any conflict between the content of the Site and product descriptions, technical specifications, or other information provided in any Lucky Development purchase order or order confirmation, the Lucky Development purchase order or order confirmation will control.
  10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS MAY BE EXPRESSLY PROVIDED IN A WRITTEN WARRANTY DOCUMENT ACCOMPANYING A PRODUCT, ALL PRODUCTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION THOSE REGARDING      AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR      PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
  11. User-Generated Content. The Site may allow you to provide User-Generated Content.      “User-Generated Content” means all information, images, messages, documents, and other content submitted to, posted on, otherwise provided via or using the Site by you. You, alone, are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. You understand and acknowledge that certain      features of the Site may allow or require User-Generated Content that you provide to be made available, including publicly available, to other Site users and that, accordingly, those other users may be able to access and use that User-Generated Content.

By providing User-Generated Content you represent and warrant that you are the creator and owner of that User-Generated Content or that you otherwise have the full ability and all legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms. Subject to the right and license granted to Lucky Development below, you retain any copyright or other intellectual property rights you may have in User-Generated Content that you provide.

If you provide User-Generated Content, you agree to grant and you hereby grant Lucky Development a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide right and license to copy, modify, adapt, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit, and otherwise use and distribute, in any and all media and distribution methods now known or later developed, that User-Generated Content for Lucky Development’s own business purposes (including without limitation aggregation and analytics and the marketing and development of products and services). Notwithstanding the foregoing, we will use and disclose personal information only to the extent permitted by applicable law.

Lucky Development reserves the right, but does not have the obligation, to, at any time and for any reason: review, prescreen, edit, redact, otherwise modify, reorganize, or recategorize User-Generated Content; delete User-Generated Content from the Site; and archive or otherwise store any User-Generated Content. Lucky Development reserves the right to impose limits on Site features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Site at any time for any reason, including any breach of these Terms. You understand that, even after removal or deletion, User-Generated Content you have provided may remain viewable to and may have been copied or stored by other Site users and members of the public.

  1. Copyright Policy. We respect the intellectual property rights of others and we      ask that Site visitors do the same. In accordance with the Digital      Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and      other applicable laws (to the extent the DMCA and such other laws apply),      we strive to expeditiously remove any infringing material from the Site if      we become aware of the same. If you believe that anything on the Site      infringes any copyright that you own or control, please provide our      designated agent with a notice that contains the following information:

  • A description of the copyrighted      work(s) that you claim have been infringed;
  • A description of the allegedly      infringing material, including its location on the Site;
  • A statement by you that you have      a good faith belief that the disputed use is not authorized by the      copyright owner, its agent, or the law;
  • Your email address, telephone      number, and mailing address;
  • A statement by you, made under      penalty of perjury, that the above information in your notice is accurate      and that you are the copyright owner or are authorized to act on the      copyright owner’s behalf; and
  • An electronic or physical      signature of a person authorized to act on behalf of the copyright owner.

Your notice must meet the then-current requirements implemented by the DMCA  (or other applicable law). Contact information for our designated agent for notice of claims of copyright infringement is:

Marketing Department

Phone: 216-282-6225

Help@LuckyDevCo.com

  • Termination of Access. Lucky      Development may, for any reason and in its sole discretion, suspend,      deactivate, or terminate your use of the Site, and may terminate these      Terms, without notice or liability, including if you breach these Terms or      any related agreement with Lucky Development, if you act in an abusive      manner, or if you act in a manner inconsistent with applicable laws or      regulations.

 
 

  • Site Availability; Changes to the      Site. Any features, materials, products, or services made available      through the Site are subject to availability. Lucky Development may change      the Site, including features, materials, products, and services made      available through the Site, at any time without notice or liability.

 
 

  • DISCLAIMER OF      WARRANTIES. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT      ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE      LAW, LUCKY DEVELOPMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH      RESPECT TO THE SITE (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING      WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY,      MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY      STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY      ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.      YOUR USE OF THE SITE IS AT YOUR OWN RISK.

LUCKY DEVELOPMENT DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, NOR DOES LUCKY DEVELOPMENT WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SITE IS ACCURATE OR RELIABLE. LUCKY DEVELOPMENT DOES NOT WARRANT OR GUARANTEE THAT AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. LUCKY DEVELOPMENT IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE SITE. LUCKY DEVELOPMENT HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.

WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM LUCKY DEVELOPMENT OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

  1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LUCKY DEVELOPMENT, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS (TOGETHER, THE “LUCKY DEVELOPMENT PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE PRODUCTS, OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR      USE) THE SITE (INCLUDING WITHOUT LIMITATION THE PROVISION OF PERSONAL      INFORMATION AND ANY RELIANCE ON DATA PROVIDED ON OR ACCESSED USING THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING      NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A LUCKY DEVELOPMENT PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR, WITH RESPECT TO OUR PRODUCTS AND IF ELIGIBLE, TO REPLACEMENT OF THE APPLICABLE PRODUCT OR, AT LUCKY DEVELOPMENT’S OPTION, REFUND OF THE PRICE PAID FOR THE APPLICABLE PRODUCT.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE LUCKY DEVELOPMENT PARTIES’ LIABILITY TO YOU EXCEED U.S.D. $20, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. Indemnification. You will indemnify, defend, and hold harmless the Lucky      Development Parties from and against all losses, claims, liabilities,      demands, complaints, actions, damages, judgments, settlements, fines,      penalties, expenses, and costs (including reasonable attorneys’ fees) that      arise out of or in connection with (a) your access to or use of the Site,      (b) your misuse of or reliance on any content, material, data, or      information viewed or otherwise accessed or obtained from or using the      Site, (c) your order or use of Products, (d) your submission of      information through or using the Site, (e) your violation of or      noncompliance with applicable laws or regulations, (f) your breach of      these Terms or any related agreement with Lucky Development, or (g) your      negligence, willful misconduct, or fraud. We reserve, and you grant to us,      the exclusive right to assume the defense and control of any matter      subject to indemnification by you.

  • Confidentiality. To the      extent you obtain or otherwise have access to any business information or      other confidential information of Lucky Development, you agree not to use      any such confidential information for any purpose except as necessary to      perform under these Terms and not to disclose any such confidential      information except to your employees who have a need to know for purposes      of performing your obligations under these Terms. Upon any termination of      these Terms and at our request at any time, you will promptly destroy all      of our confidential information in your possession, custody, or control,      including deleting or rendering unusable all electronic files and data      that contain such information.

  1. Third-Party Websites and Site. The Site may link to, or be linked to, websites and services      not maintained or controlled by Lucky Development. Those links are      provided as a convenience and Lucky Development is not responsible for      examining or evaluating the content or accuracy of, and does not warrant      or endorse, any third-party website or services or any products or      services made available through those websites or services. Please take      care when leaving the Site to visit a third-party website or service. You      should read the terms of use and privacy policy for each website and      service that you use.
  2. Linking to the Site. If you operate a website and are interested in linking to the Site:      (a) you must notify us prior to linking to the Site; (b) the link must be      a text-only link unless you request a graphic badge from Lucky Development,      in which case you may use any graphic badge provided by Lucky Development      to link to the Site, and, in any case, the link must be clearly marked;      (c) the link and its use must be in connection with a website of      appropriate subject matter; (d) the link and its use must not, nor have      the potential to, damage or dilute the goodwill associated with Lucky Development’s      names or trademarks; (e) the link and its use must not create the false      appearance that any content, program, person, or entity is associated      with, affiliated with, sponsored by, or endorsed by any Lucky Development      Party; and (f) the link, when activated by a user, must display the Site      full-screen and not within a frame or mirror. Lucky Development reserves      the right to revoke consent to link to the Site at any time in its sole      discretion, either by amending these Terms or through other notice.
  3. Feedback. Lucky Development welcomes comments regarding the Site. If you      submit comments or feedback regarding the Site, they will not be      considered or treated as confidential. Excluding any components consisting      of personal information and except as may be prohibited by law, we may use      any comments and feedback that you send us in our discretion and without      attribution or compensation to you.
  4. Governing Law; Dispute      Resolution. These Terms are governed by      the laws of the state of Ohio, without regard to its conflict of law      principles, and, as applicable, the federal laws of the United States.      Venue is exclusively in the state or federal courts, as applicable,      located in Ohio with respect to any dispute arising under these Terms      unless otherwise determined by Lucky Development in its sole discretion.      The parties expressly agree to the exclusive jurisdiction of those courts.      If there is a dispute, the prevailing party will be entitled to recovery      of its costs and expenses, including reasonable attorneys’ fees. You will      not bring any action or other claim with respect to the Site or these      Terms more than one (1) year after the claim arises.
  5. Relationship of the Parties. Lucky Development is an independent contractor. These Terms do      not create any agency, partnership, joint venture relationship, other form      of joint enterprise, employment, or fiduciary relationship between the      parties, their affiliates, or their respective employees, contractors, or      agents. Neither party has any authority to contract for or bind the other      party in any manner or make any representation or commitment on behalf of      the other party.
  6. Assignment. We may assign our rights and delegate our duties under these      Terms at any time to any party without notice to you. You will not assign      these Terms without our prior written consent. Any attempted assignment by      you without our prior written consent will be void. Subject to the      foregoing, these Terms are binding upon and inure to the benefit of the      parties’ respective successors and assigns.
  7. Entire Agreement;      Interpretation. These Terms,      including our Privacy Policy, are the entire agreement      between you and Lucky Development with respect to your access to and use      of the Site, including your order of products using the Site. Lucky      Development’s failure to enforce any provision of these Terms will not      constitute a waiver of that provision or any other provision. Any waiver      of any provision of these Terms will be effective only if in writing and      signed by Lucky Development.

If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, that provision will be ineffective in that jurisdiction to the extent of the invalidity or unenforceability, without invalidating any other provision of these Terms. The headings in these Terms are for convenience only and will not affect the construction or interpretation of these Terms.

These Terms do not confer any rights, remedies, or benefits upon any person other than you and Lucky Development.

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.

  1. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Lucky Development may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of these Terms and all notices, consents, and other communications for your reference.
  2. Contact Us. If you have any questions and concerns regarding these Terms or the Site, please contact us below or at:

Help@luckyDevCo.com

216-282-6225

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