Terms of Use, Subscription Agreement,

Medical Disclaimer, & Privacy Policy

Terms of Use

1. Introduction and Summary

Welcome and thank you for your interest in The Luckiest, LLC (“TLC”, “Company”, “we”, or “us”). Our Terms of Use Agreement ("Terms"), along with our Privacy Policy, Intellectual Property Policy, Subscription Agreement and related transactional paperwork as executed by TLC, as applicable, incorporated herein by reference, govern the terms of the relationship between you ("you" or "user") and the Company and its affiliates. You accept these Terms when you use our website, TheLuckiestClub.com (the “Website”) and any content, functionality and services offered on or through the Website, including our programs, content, events, communications, coaching services, surveys, and related social media and marketing activities (the collectively, “Services”).

2. Entering the Agreement

Please read these terms carefully. If you do not agree with all of them, you may not use the Services and you should not enter any of your information into our Website, or communicate any information to our representatives, staff, employees, partners, or other members of the Website.

BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. You acknowledge that your use of the Website or Services, as applicable, constitutes the use of an electronic signature, and you agree that using the Services is your written acknowledgement that you were provided with the information in these Terms. Your use of the Website or Services, as applicable, after your initial acceptance, even if these Terms change, demonstrates your continued acceptance of these Terms.

You agree that you are seeking the Services for informational and/or educational purposes only; that you will not seek any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind; and that all Services are provided “as-is”' and without warranty or representation.

3. Eligibility

You may not use the Website and Services if you are: (a) under 13, (b) a direct competitor of the Company investigating the Services for competitive research; or (c) otherwise using the Services for a harmful, malicious, disruptive, or unlawful purpose, or purposes other than seeking or providing support as a member of a sober lifestyle.

4. Description of the Services

A. Summary

Our Services help and support users with their sobriety journey and lifestyle and/or to accomplish related goals. Users can choose to record certain personal data (as defined in our Privacy Policy) through the Services to receive a more personalized experience. The Services are educational only and provide no guarantee that users will accomplish any of their sobriety goals.

B. Communications

Our Services may include communications or content that you receive outside of the Website and Services, including email messages, social media content and interactions, community interactions and forums, and content.‍

C. Use of Your Information

The Company collects, uses, and shares your personal data as described in our Privacy Policy, which you should review, and to which you agree by your registration with our Website, the use of our Services, and your agreement to these Terms.

5. License to Use the Services

Subject to your acceptance of these Terms and the other documents which are incorporated herein by reference, and any payment obligations related thereto, TLC grants to you a non-exclusive, non-transferable, revocable, limited license to use any or all of the Services and to display the results of such Services for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Services except as specifically allowed in these Terms, any purchase Terms and Conditions, and any other documents incorporated herein by reference, or as otherwise agreed by TLC in writing.

6. Availability of Services

Except as set forth in any applicable Terms and Conditions or as otherwise agreed by TLC in writing, the Company may discontinue or change the Services at any time with or without prior notice and without liability to you. We make no gPrivahttps://www.theluckiestclub.com/privacy-policyuarantee that our Services will be available at all times or without interruption.

7. Assumption of Risk; Disclaimers

A. Content Disclaimer

We make a variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, photographs, information, videos, data, and other materials (collectively, "Content") available on or through the Website and the Services. Some of the Content is provided by the Company or its affiliates, partners, and suppliers, and other Content is provided by users. The Company cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by the Company or its suppliers, or by users of our Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of the Company. The Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services, including, importantly, within any forums or community-type features. Our Content is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. All Content and Services are provided for general educational and informational purposes only.

The Company does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, the Company will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content. Please refer to Section 9C of the Terms (“User-Generated Content and Personal Data”).

B. Medical Disclaimer

TLC is a web-based, online information-sharing and connection platform which seeks to provide opportunities for like-minded people to find each other and form connections by way of its services. TLC may also facilitate the sharing of information that improves the general public’s understanding of addiction, sobriety, sober living, and related information. TLC provides support for those on their sobriety journey through our memberships including support meetings and coaching sessions. Any and all Content provided or made available or accessible by way of the Website or the Services are provided for general educational and informational purposes only. The Content on our Website, including any health or medical information, is, at best, general, and does not and is not meant to be a substitute for the advice of a licensed medical professional (like a qualified doctor/physician, physician assistant, nurse, therapist, psychologist, psychiatrist, or other healthcare provider), and should not be used to diagnose or treat any kind of disease, illness or symptom. We cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the Content on our Website. You should not interpret anything on our Website or in our Content or Services as an attempt to offer or render a medical or healthcare opinion or otherwise engage in the practice of medicine or therapy. To read our complete medical disclaimer, click here.

C. Assumption of Risk

You use our Services at your own risk. There is no guarantee that using our Services will result in a successful TREATMENT, JOURNEY TO SOBRIETY, OR PROLONGED SOBRIETY, nor that connecting you with OUR STAFF MEMBERS, VOLUNTEERS, OR EXPERTS WILL DO THE SAME.

8. Third Parties

In using our Services, you may come across content (such as hyperlinks, articles, questions and advertisements) provided by or linking to third party properties. Your dealings with advertisers or other third parties found on or accessible through the Website and Services are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions; the payment for and delivery of items; your viewing or visiting content advertised by third parties; and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and should not be construed as an endorsement or guarantee by TLC of content, items, or services on those third-party websites. Your access and use of such sites, including the content, items, or services on those sites, are solely at your own risk.

The Website may contain affiliate marketing links, enabling TLC to earn a commission on the sales of certain products or services promoted on our Website or in our Services. Our editorial content is not influenced by advertisers or affiliate partnerships.

The Company does not make any representations or warranties with respect to any content or privacy practices of such third parties or any items or services that may be obtained from such third parties, and you agree that TLC will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties’ information or materials on the website.

9. Community Guidelines and Rules

A. Community Guidelines for Member Forum Use (the following Section is for registered members of the Website and Services)

As part of the Services, registered members of the Website may utilize and communicate with other registered members by way of our private member group forum(s) (“Private Group Forums”). The Private Group Forums are for active, registered, paid subscribers of the Services only.

Registered members of TLC, are encouraged to participate in the private group forum as a way to connect with others, give and receive support, and feel a sense of community. By participating in the Private Group Forums, you agree to the following community guidelines.

1. Key Tenets. Members of the Community shall abide by the following tenets.

Responsibility: You are responsible for what you post in the Private Group Forums and your responses to other members in those Forums. Please respect that others may hold beliefs and perspectives that differ from your own and take responsibility for the energy that you bring into the community. We are a sobriety-focused community. Posts promoting moderation will be removed as they may negatively impact another member’s sobriety. Every community member is required to comply with these Terms, our Privacy Policy, and the other policies and guidelines posted on our Website or otherwise made available by TLC.
Tolerance: There are many paths to sobriety and this space has been created to be inclusive of all recovery modalities. Practice tolerance and carry an understanding that your method of recovery may or may not be the same as what others in the community choose to follow.
Inclusivity: TLC is open to anyone who has the desire to get and stay sober.
Respect and Purpose: TLC’s purpose is to support the connection and growth of individuals’ recovery. Remember that everyone here is seeking connection and support in recovery. We expect community members to treat one another with respect at all times. With this in mind, please do not engage in debating overtly controversial topics unrelated to recovery while participating in the Forums. You may have to agree to disagree. In order to promote and maintain the purpose of TLC, posts that promote political party/affiliation, religious, or legal debates will be immediately removed. Decisions about sobriety and recovery are deeply personal, individual choices. Bullying, harassing, name-calling, insulting, or posts that are disrespectful to another member, TLC staff, representatives, partners, or any recovery modality will not be tolerated and, subject to TLC’s sole discretion, you will be immediately removed from the Private Group Forums and your membership revoked. Do not post anything that a reasonable person would consider to be abusive. Hate speech, racism, misogyny, and homophobia will not be tolerated. One strike and you’re out. Please see Section 9C(2) of the Terms for additional examples of prohibit content (“Prohibited Content”). If you have a dispute with another member, we hope that you will be able to work it out amicably. However, if you cannot, please understand that TLC is not responsible for the actions of its members; each member is responsible for their own actions and behavior, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”‍
Anonymity, Privacy, and Confidentiality: Do not reveal personal information, community Content, or any other information shared within the community to an external source. This includes the video, audio recordings, or chat transcripts from the meetings. Unauthorized distribution of the items listed herein or which may otherwise impede or impact the privacy of members of the community or any particular individual is in violation of the community guidelines and your account will be immediately suspended at TLC’s sole discretion.‍
Appropriateness: Our Private Group Forums serve as a community where our registered members can connect, promote, and support one another with their sobriety and their sober lifestyles and may only be used to promote such matters. Our Private Group Forums and our overall community is not a space to promote your personal work, business(es), or similar activities. This includes links to your business websites, blog posts or articles, of written offers of service. While we value our members’ work, we want this space to be first and foremost about support. TLC reserves the right to suspend or to permanently deactivate the accounts of any members who, in TLC’s sole and reasonable judgment, is deemed to be advertising or promoting services or businesses on the Website or in its community. TLC further reserves the right to prevent the individual associated with an account deactivated in connection with this section from purchasing Services, creating additional accounts, or otherwise participating in the in the future community. Please see Section 9C(2) of the Terms for additional examples of prohibit content (“Prohibited Content”).
Further, the Private Group Forums are not to be used to seek or offer medical, therapeutic, or psychiatric advice. Members should refrain from recommending medications, home remedies, or making other medical or therapeutic suggestions. All individuals should consult with a medical professional outside of the member forum for guidance as it relates to your physical and mental health. If you are a licensed medical provider, please remember that the purpose of the forum is to provide peer support only and you are expressly prohibited from providing medical guidance or support on our Website or through our community or Services. In the event that TLC learns that a you are providing, what in TLC’s sole and reasonable judgment, is deemed to be medical recommendations, guidance, or advice on its Website or to members of its community, it may immediately suspend or to permanently deactivate the associated account associated with such member. TLC further reserves the right to prevent the individual associated with an account deactivated in connection with this section from purchasing Services, creating additional accounts, or otherwise participating in the in the future community. For more information, our Medical Disclaimer included in these Terms.

2. TLC Meetings and Subgroups

Our officially sanctioned meetings are available on our Member site, on our corporate website, and on @TheLuckiestClub Instagram.

Any meetings, subgroups, or in-person meetings outside of those listed are not sanctioned or endorsed by TLC.

Subgroup Disclaimer

Subgroups and their websites, social media groups, content, information provided or otherwise made available by such groups and meetings of subgroups are in NOWAY affiliated with The Luckiest, LLC (“TLC”), nor are they an agency or authorized party associated with TLC. TLC does not review, monitor, moderate, endorse, or promote the meetings of subgroups or other such third parties; however, TLC appreciates and understands the desire to connect with other community members. The TLC community offers extensive means for community members to connect with one another through official, TLC-authorized and approved means. The views expressed are those of the individual contributors and not necessarily those of TLC. IN THE EVENT THAT YOU CHOOSE TO PARTICIPATE IN A SUBGROUP OR USE ANY OF THE CONTENT OR MATERIALS PROVIDED BY SUCH AFFILIATED GROUPS, YOU DO SO AT YOUR OWN RISK AND TLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND VOLUNTEERS WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING IN CONNECTION WITH SUBGROUPS AND THEIR WEBSITES, SOCIAL MEDIA GROUPS, CONTENT, INFORMATION PROVIDED OR OTHERWISE MADE AVAILABLE BY SUCH GROUPS AND MEETINGS OF SUBGROUPS. Any group that is established outside of TLC abides by the spirit of TLC, any rules that any social media platform may impose, uses the TLC name only in accordance with TLC’s Intellectual Property Policy (including, among other things, the use of trademark notation where appropriate), and includes a prominent disclaimer in their group name and information stating that the group is not affiliated with TLC.

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3. Community Growth, Development, and Meetings

We encourage you to connect with members of the community. As such, we allow you to connect with various subgroups on our Member community site with a list of known affinity and location-specific subgroups.

Subgroups are to be led by TLC members in good standing and to operate in good faith toward the Company.

All registered members of the Website are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their Website passwords or accounts. It is the registered member’s sole responsibility to: (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their TLC account and password; (3) inform the Company of any need to deactivate their password or change their registration, as soon as possible.

For any TLC-related account, we recommend choosing passwords that are:

Unique (not re-used anywhere else)
Complex (a mix of letters, numbers, symbols, uppercase, and lowercase; not any part of your name, and not easily guessed)
Long (greater than 5 characters)
Changed regularly (at least once a year)

A. General Rules Applicable to Our Website and Services

In addition to the prohibited content rules set forth herein, you agree that your use of the Services and conduct on the Website at all times shall be lawful and will not:

be in violation of these Terms, any policies or such other documents included herein by reference, any applicable local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
trick, defraud or mislead TLC or other users, especially in any attempt to learn sensitive account information such as passwords;
make improper use of TLC’s support services or submit false reports of abuse or misconduct;
disparage, tarnish, or otherwise harm TLC and/or the Service;
disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices;
copy or adapt the Services' software, if any, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services;
except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
cover or obscure any notice, banner, advertisement, or other branding on the Services;
interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services; and
violate any confidentiality provisions to which you may be subject by way of the Subscription Agreement and related transactional paperwork executed by TLC.

TLC reserves the right to (a) suspend or to permanently deactivate the accounts of any members who, in TLC’s sole and reasonable judgment, is deemed to have violated these rules and to (b) prevent non-members, who, in TLC’s sole and reasonable judgment, is deemed to have violated these rules from joining the community, registering on the Website, and using or purchasing the Services . TLC further reserves the right to prevent the individual associated with an account deactivated in connection with this section from purchasing Services, creating additional accounts, or otherwise participating in the in the future community.

Further, TLC has the unilateral right to cancel the Services at any time in our discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that TLC has the right to terminate or suspend your account in the event that we determine, at our sole discretion, that you have violated these Terms, including participating in any activities that adversely affect other users’ experiences.‍

B. Termination

‍TLC may terminate these Terms and your access to the Website and the Services as set forth in the applicable Subscription Agreement or transactional paperwork executed by you and/or TLC.

10. Indemnification

If someone brings a claim against TLC (whether against the company or any of its employees, directors, or officers) based on a harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable attorneys’ fees as well as damages.

11. Limitation of Liability / Disclaimer of Warranties

Use of the WEbSITE, CONTENT, AND Services is at your own risk.

TLC and its vendors, licensors, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, STAFF and partners have no liability whatsoever for your use or reliance on any product or service you use or encounter on THE WEBSITE OR IN ANY SERVICES. In particular, but without limitation, you are agreeing that TLC and its vendors, licensors, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, STAFF and partners are not liable under any theory of law for any compensatory, indirect, special, incidental, punitive, or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, FAILURE TO OBTAIN OR MAINTAIN SOBRIETY OR A SOBER LIFESTYLE, TO ACCOMPLISH ANY GOALS, a failure to obtain medical treatment or any other action or omission of behavior following any information or advice found on our WEBSITE, COmMuniTY FEATURES, IN OUR CONTENT, or in any TLC Service, whether based on breach of contract, breach of warranty, tort, product liability or otherwise. Our Services would not be provided without these limitations, and if you do not agree to these limitations, please do not use the Services OR OUR WEBSITE. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation, or guarantee not expressly stated in these Terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. Notwithstanding the foregoing, in the event that TLC is found to have a liability to you, you agree that our aggregate liability for any cause whatsoever (except for a violation by TLC of our Privacy Law) and regardless of the form of action will at all times be limited to the amount that you PAID, if anyTHING, to TLC DURING ANY TWELVE MONTH PERIOD with respect to your individual use of the Service in question. In addition, you specifically agree and acknowledge that TLC is not liable for the content submitted by any other user, or any defamatory, offensive, or illegal conduct of a third party.

THE WEBSITE, SERVICES, AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Specifically, the Company makes no representations or warranties about the following:

The accuracy, reliability, completeness, correctness, or timeliness of the Content, text, graphics, links, recommendations, or communications provided on or through the use of the Website or Services.
The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the Website or Services.
The Services will be uninterrupted, or free of errors, viruses, or other harmful components.

In no event will the Company, its officers, directors, employees, volunteers, representatives, affiliates, agents, attorneys, representatives, vendors, licensors or partners be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Website, the Services, and any Content. You will hold TLC, its officers, directors, employees, volunteers, representatives, affiliates, agents, attorneys, representatives, vendors, licensors and partners harmless for any such actions or decisions taken by you in reliance upon such information and for any claims arising from your use of the Website, the Services, and any Content.

12. Statute of Limitations

Where permitted under applicable law, any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred.

13. Children's Privacy

TLC conforms to the Children's Online Privacy Protection Act (COPPA). Our services are not intended for children under age 16. We do not knowingly collect personally identifiable information via the Services from users in this age group. Please see our Privacy Policy for more information on data practices.

14. Dispute Resolution

The Company seeks to resolve any issues that may arise with you quickly. If you have a dispute with TLC, you agree to contact us and try to resolve the dispute informally before pursuing other avenues. You may contact us regarding any complaints or disputes in the “Contact us” section below in these Terms.

15. Modification of These Terms

TLC reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than through posting such modified Terms on the Website, through its Services, or both. The Terms will include the most recent date of revision and will be effective immediately upon posting unless otherwise specified therein. In the event of a material change to these Terms, we will attempt to notify you directly through a message sent to the e-mail address you provided upon registration or as is otherwise associated with your account at the time of such notification. You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the date of last revision at the beginning of the Terms. If you are dissatisfied with free, optional, or complementary Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services. If you are dissatisfied with purchased Services, your remedies and rights shall be governed by the Terms and Conditions effective as of the date of purchase of such Services or as otherwise mutually agreed by the parties in writing.

16. General

A. Use and Access Restrictions

TLC operates and controls the Services from our offices in the United States. We make no claims that the Services or Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website, Content, or Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You represent and warrant that you are not located in a country that is (i) subject to a U.S., Irish, or EU Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country or (ii) listed on any U.S., Irish, or EU Government list of prohibited or restricted parties.

B. No Agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TLC as a result of these Terms or use of the Website or the Services.

C. Assignment

The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without the Company’s prior written consent, but may be assigned by TLC without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.

D. Complete Agreement

These Terms together with the documents incorporated herein by reference constitute the entire agreement between you and TLC with respect to the use of the Website, the Services, and any Content. Your use of the Website is also subject to the TLC’s Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. To the extent allowed by applicable law, the English version of this Agreement is binding and other translations which may be provided from time to time are for convenience only. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. TLC’s vendors, licensors and business partners shall be third party beneficiaries of these Terms with the right to enforce them. We shall be excused for any problem due to a circumstance beyond our reasonable control.

E. Survival

The following provisions survive the expiration or termination of these Terms for any reason whatsoever: limitation of liability, any and all disclaimers and disclaimers of warranties, indemnification, user submissions, jurisdiction, and complete agreement.

F. Jurisdiction

These Terms are governed by the substantive laws of The Commonwealth of Massachusetts (excluding its choice of law rules). You consent to the exercise of exclusive jurisdiction by the state or federal courts in The Commonwealth of Massachusetts for any claim relating to these Terms. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Massachusetts in connection with any such dispute including any claim involving TLC or its affiliates, subsidiaries, employees, volunteers, representatives, contractors, officers, directors, telecommunication providers, and content providers.

17. Contact Us

For questions or comments about the Terms, please email us at support@theluckiestclub.com.

You can also reach us by mail at:

The Luckiest, LLC
P.O. Box 5
Nahant, MA 01908

Last Updated: February 13, 2021

Subscription Agreement

This Subscription Service Agreement is made and entered into on the day of registration (“Start Date”) between you and The Luckiest, LLC (“TLC,” “we”, “our”), a Massachusetts limited liability company, with a principal place of business at 332 Nahant Road, Suite 5, Nahant MA 01908. TLC and Client are together referred to herein as the “Parties,” or each may be referred to individually as a “Party.”

1. THE SERVICES

TLC offers a variety of subscription services. These subscription services, together with any and all information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, photographs, information, videos, data, and other materials (collectively, “Content”) which is provided or made available on our website, TheLuckiest.com (the “Website”) shall be referred to as the “Services.” You may choose to change your level of Services at any time in your online “User Profile” located in the upper right hand of the membership site.

A. TLC Community. In the event that you purchase a subscription to the Services, you will:

receive access to TLC staff and employees (“Coaches”) and other members of the TLC community via online, unrecorded, meetings offered multiple times each daily, the schedule for which is made available on the Website;
have the ability to participate in such meetings, if you so choose;
have the ability to register for and purchase TLC Courses; and
receive access to our private group and member forums (“Private Member Forums”).

2. YOUR ACKNOWLEDGEMENTS, REPRESENTATIONS AND WARRANTIES

By purchasing the Services, you represent and warrant that you:

have read this Agreement in its entirety and that you agree to be bound by this Agreement in its entirety;
you have presented any and all questions about this Agreement to TLC and that they have been sufficiently answered before you have entered into this Agreement;
have read our Privacy Policy, which is incorporated herein by reference, in its entirety and that you understand and agree to such policy in its entirety;
have read our Terms of Use Agreement, which is incorporated herein by reference, in its entirety and that you understand and agree to such policy in its entirety;
have read our full Medical Disclaimer, which is incorporated herein by reference, in its entirety and that you understand and agree to such disclaimer in its entirety;
have read our Intellectual Property Policy, which is incorporated herein by reference, in its entirety and that you understand and agree to such disclaimer in its entirety;
that, in the event of a conflict between this Agreement and any of the documents incorporated herein by writing, this document shall prevail as it relates to the use and purchase of the paid Services;
are purchasing the Services freely and that you understand that the Services are provided as-is by TLC without guarantee or warranty of any performance results;
understand that TLC will utilize suitable methodologies in accordance with your general needs, and in accordance with its Coaches’ training, but that the Services are not a one-size-fits-all solution and that they may not be adequate or appropriate for your needs or desires;
understand the nature of the scope of the Services and that one’s journey and commitment to a sober lifestyle is personal;
have or will be evaluated by your physician and obtain medical clearance prior to using the Services or starting any fitness, exercise, diet, health or wellness-related program in connection with the Services and that you will continue under the care and guidance of a physician or such other medical or mental health professionals as may be required;
understand that the Services may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences and that you agrees that you are aware of such risks and assume such risks by way of purchasing the Services;
understand that the Services may not be suitable for all persons and all fitness levels, and that you may need to modify the Services for your health and lifestyle; and

Further, you acknowledge and understand that, acknowledge and agree that, if, at any point during Services, TLC, in its sole reasonable discretion, believes that you need medical treatment or other services that TLC or its Coaches cannot provide, TLC may advise you of such concerns. You have the right to disregard to TLC’s concern; however, you may be asked to cease use of Services and the Website, until such treatment can be provided. In the event that you choose to disregard TLC’s concern and to continue to use the Services and the Website, you may be asked to sign a waiver memorializing your decision.

3. CONFIDENTIALITY

The Parties acknowledge and agree that, in the course of performing or receiving the Services, that the Parties may have access to or receive certain confidential information (“Confidential Information”). Confidential Information includes, but is not limited to, any and all Content provided or made available by way of the Services or the Website, the content and recordings of any and all calls, meetings, or gatherings, the personal data of registered members of our Website, subgroups, and our community, questions and answers received from, sent to, or provided by TLC in connection with its Services and the Website, coaching sessions, financial information, coaching strategies, exercises, or other methodologies Client learns as a result of working with TLC, plans or outlines for future programs or packages and/or all documentation and information supplied by the disclosing Party, in any format, whether marked confidential or which by the type of information or manner of disclosure would reasonably indicate the proprietary or confidential nature thereof. Confidential Information does not include information which (1) is known to the receiving Party at the time of disclosure by disclosing Party, (2) has become publicly known through no wrongful act of receiving Party, (3) has been rightfully received by receiving Party from a third party who is authorized to make such disclosure, (4) has been independently developed by receiving Party without reliance upon any of disclosing Party’s Confidential Information, or (5) or has been licensed or received by receiving Party for use or aggregation as provided in this Agreement. For clarity, in no event, are you permitted to record any calls, meetings, or coaching sessions. You acknowledge and understand that such activity would be a material breach of this Agreement and our Terms of Use and be subject to action up to and including immediate termination or cancellation of the Services, your account on our Website, and may result in legal action against you by TLC.

The receiving Party of the Confidential Information agrees to use Confidential Information solely in connection with the Campaign and not to disclose such Confidential Information to any third party, or make commercial use of such Confidential Information, except as permitted under applicable law. The receiving Party agrees to take all precautions necessary to safeguard the Confidential Information, that is in receiving Party’s custody or control. The receiving Party shall disclose the disclosing Party’s Confidential Information to any other person or entity without the prior express authorization of TLC. Because each Party will have access to and become acquainted with the Confidential Information of the other Party, each party agrees that its breach of this section will result in irreparable harm to the other Party and that the disclosing Party will have the right to enforce these Terms by injunction, specific performance or other equitable relief without prejudice to any other rights and remedies that the enforcing Party may have.

The Parties agree that the responsibility to refrain from disclosing or sharing Confidential Information TLC shall continue in perpetuity and survive the expiration or termination of this Agreement and Coaches services.

4. INTELLECTUAL PROPERTY

You agree to comply with our Intellectual Property Policy with regard to your use and access of any and all Content made available in connection with the Services at all times.

5. PAYMENT AND BILLING; RENEWAL AND AUTORENEWAL

A. General. You are required to render payment in full for the duration of the subscription of the Services via the electronic payment methods utilized by TLC. It is your responsibility to maintain your payment information that is on file. In the event that payment fails, your Services shall immediately be suspended until payment is rectified. For clarity, in the event that you purchase a monthly subscription to the Services, you will be required to remit payment on a monthly basis. In the event that you purchase an annual subscription to the Service, you will be required to pay for the full annual subscription upfront. Notwithstanding the foregoing, in the event that you have scheduled the remittance of payments on a monthly basis, you may change the cadence of your billing to an annual cadence at any time; however, and such change shall take effect at the start of the month following the month in which you made the change.

B. Taxes. All fees and payments stated herein are exclusive of all taxes and similar fees now in force or enacted in the future that may be imposed on the Services. You will pay any sales, use, VAT or any other tax related to the Parties’ performance of their obligations, including payment of fees, or the exercise of their rights under this Agreement, exclusive of taxes based on TLC’s net income. We will make all payments free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments by you hereunder will be your sole responsibility.

C. Autorenewal. We will automatically renew your subscription to the Services at our then-prevailing rates upon expiration of your subscription. Only credit cards are eligible for payment for subscriptions. It is your responsibility to update us and the purchase processor you have chosen to use in connection with your initial purchase in the event that your payment information changes. Unless you notify us before a charge that you want to cancel or do not want to auto renew, you understand your subscription will automatically renew and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable subscription price and any taxes, using any credit card we have on record for you.

6. CANCELLATION AND TERMINATION

A. Cancellation Notice and Requests. You are solely and individually responsible for the initiation and completion of any cancellation requests. Cancellation requests must be submitted online via the provided cancellation mechanism set forth herein. You may cancel the Services by accessing your “Billing Information” in your Website User Profile. Cancellation instructions are provided on our Website for reference. If you are unable to access your “Billing Information” or if you have additional questions, please contact us at support@theluckiestclub.com. We will respond to your inquiry as soon as possible; however, your cancellation will not be deemed effective until it has been submitted through the provided online cancellation mechanism.

B. Termination. TLC may terminate the Services and this Agreement, effective immediately in the event that TLC determines, in its sole and reasonable discretion, that you have violated any of the provisions of this Agreement, our Terms of Use Agreement, our Privacy Policy, our Intellectual Property Policy, and any other policies or guidelines made available to you in connection with our Website and our Services.

C. Effects of Termination or Cancellation. Upon termination or cancellation of the Services, access to you’re the Services and your account will terminate at the end of your billing cycle. PAYMENT FOR THE SERVICES ARE NON-REFUNDABLE. Under no circumstance shall TLC be obligated to remit payment to you in connection with a cancellation or termination of the Services or this Agreement.

7. ASSUMPTION OF RISK AND DISCLAIMERS

A. Content Disclaimer

We make a variety of Content available on or through the Website and Services. Some of the Content is provided by the Company or its affiliates, partners, and suppliers, and other Content is provided by users. The Company cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by the Company or its suppliers, or by users of our Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of the Company. The Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services, including, importantly, within any forums or community-type features. Our Content is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. ALL CONTENT AND SERVICES ARE PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.

TLC does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, the Company will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

B. Medical Disclaimer

FOR CLARITY, THE SERVICES ARE NOT A SUBSTITUTE FOR MEDICAL WELLNESS OR TREATMENT. OUR COACHES ARE EXPRESSLY PROHIBITED FROM PROVIDING MEDICAL ADVICE DIAGNOSES, TREATMENTS, MEDICATIONS, OR OTHER SERVICES THAT ARE COMPLETED BY A MEDICAL PROFESSIONAL. REQUESTS FOR SUCH ADVICE AND GUIDANCE IS IN VIOLATION OF OUR TERMS OF USE AGREEMENT AND MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR SERVICES.

C. Assumption of Risk

YOU USE OUR SERVICES AT YOUR OWN RISK. THERE IS NO GUARANTEE THAT USING OUR SERVICES WILL RESULT IN A SUCCESSFUL TREATMENT, JOURNEY TO SOBRIETY, OR PROLONGED SOBRIETY, NOR THAT CONNECTING YOU WITH OUR STAFF MEMBERS, VOLUNTEERS, OR EXPERTS WILL DO THE SAME.

8. INDEMNIFICATION

In addition to any indemnification obligations included in any of the policies and other such documents incorporated herein by reference, You will indemnify and hold harmless TLC or its officers, directors, employees, volunteers, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Service and your direct or indirect participation in any programs, plans, or lifestyles suggested as part of the Services, (ii) and use or misuse of TLC’s Content, (iii) your breach or alleged breach of any representations and warranties made by you hereunder or your violation of any other provision of this Agreement, (iv) your violation of any law or the rights of a third-party, (v) property damage, personal or physical injury, or death. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. LIMITATION OF LIABILITY

USE OF THE CONTENT AND SERVICES IS AT YOUR OWN RISK.

TLC AND ITS VENDORS, LICENSORS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, STAFF AND PARTNERS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OR RELIANCE ON ANY PRODUCT OR SERVICE YOU USE OR ENCOUNTER ON THE WEBSITE OR IN ANY SERVICES. IN PARTICULAR, BUT WITHOUT LIMITATION, YOU ARE AGREEING THAT TLC AND ITS VENDORS, LICENSORS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, STAFF AND PARTNERS ARE NOT LIABLE UNDER ANY THEORY OF LAW FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, FAILURE TO OBTAIN OR MAINTAIN SOBRIETY OR A SOBER LIFESTYLE, TO ACCOMPLISH ANY GOALS, A FAILURE TO OBTAIN MEDICAL TREATMENT OR ANY OTHER ACTION OR OMISSION OF BEHAVIOR FOLLOWING ANY INFORMATION OR ADVICE FOUND ON OUR WEBSITE, COMMUNITY FEATURES, IN OUR CONTENT, OR IN ANY TLC SERVICE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE. OUR SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS, AND IF YOU DO NOT AGREE TO THESE LIMITATIONS, PLEASE DO NOT USE THE SERVICES OR OUR WEBSITE. NO ADVICE OR INFORMATION YOU OBTAIN FROM US THROUGH THE SERVICES OR IN SUPPORT OF THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT TLC IS FOUND TO HAVE A LIABILITY TO YOU, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ANY CAUSE WHATSOEVER (EXCEPT FOR A VIOLATION BY TLC OF OUR PRIVACY LAW) AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THAT YOU, IF ANYTHING, TO TLC WITH RESPECT TO YOUR INDIVIDUAL USE OF THE SERVICE IN QUESTION. IN ADDITION, YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT TLC IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY OTHER USER, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY.

THE WEBSITE, SERVICES, AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. TLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

SPECIFICALLY, TLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:

THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, LINKS, RECOMMENDATIONS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR SERVICES.
THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, OR OTHER INFORMATION PROVIDED THROUGH THE WEBSITE OR SERVICES.
THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL TLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, VENDORS, LICENSORS OR PARTNERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE, THE SERVICES, AND ANY CONTENT. YOU WILL HOLD TLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, VENDORS, LICENSORS AND PARTNERS HARMLESS FOR ANY SUCH ACTIONS OR DECISIONS TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION AND FOR ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE, THE SERVICES, AND ANY CONTENT.

10. DISPUTE RESOLUTION AND ARBITRATION

A. Dispute Resolution. Should a dispute arise between the you and TLC, the Parties agree to work in good faith to resolve the dispute informally without the involvement of legally binding third parties. Client agrees that failure to see or maintain desired results is not a basis for a “dispute.”

B. Arbitration. If unable to reach a resolution informally, the Parties agree the dispute will be submitted for arbitration as set forth in this Section 13 within a reasonable amount of time of the issue giving rise to the dispute. We encourage you to read these important terms, which include an arbitration requirement (except for small claims) and require claims to be brought individually.

Applicability. You agree that any dispute or claim relating in any way to your access or use of the Website, mobile apps, and service, or to any aspect of your relationship with TLC, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Section 13. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to TLC in writing to [INSERT ADDRESS]. The arbitration will be conducted by the American Arbitration Association, an established alternative dispute resolution provider. The arbitration shall be conducted in Boston, Massachusetts unless the Parties mutually agree in writing to conduct the arbitration by telephone, based on written submissions, or in person or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of the Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Section 13 and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Section 13 including, but not limited to, any claim that all or any part of this Section 13 is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and TLC. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Section 13). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class of Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 13 MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR MEMBER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Boston, Massachusetts. All other claims shall be arbitrated.

11. GENERAL

A. No Agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TLC as a result of these Terms or use of the Website or the Services.

B. Assignment

C. Complete Agreement

D. Modifications and Amendments

The Parties understand and acknowledge that the Contract may be amended in a writing dually executed by the Parties.

E. Survival

F. Jurisdiction

Last Updated: [April 17, 2024]

Medical Disclaimer

The Luckiest, LLC (“Company”, “we”, or “us”) is a web-based, online information-sharing and connection platform which seeks to provide opportunities for like-minded people to find each other and form connections. We also facilitate the sharing of information that improves the general public’s understanding of addiction, sobriety, sober living, and related information and provide support for those on their sobriety journey.

We make a variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, photographs, information, videos, data, and other materials (collectively, "Content") available on or through our website (TheLuckiestClub.com) (the “Website”). We also provide programs, events, communications, coaching services, surveys, and related social media and marketing activities (the “Services”). Some of the Content is provided by the Company or its affiliates, partners, and suppliers, and other Content is provided by users. The Company cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by the Company or its suppliers, or by users of our Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of the Company. The Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services, including, importantly, within any forums or community-type features. Our Content is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. All Content and Services are provided for general educational and informational purposes only.

THE COMPANY DOES NOT PROVIDE MEDICAL ADVICE. THE PERSONNEL OF THE COMPANY ARE NOT LICENSED MEDICAL PROFESSIONALS. DO NOT ASK THE COMPANY FOR—OR RELY ON—ANYTHING THAT WE COMMUNICATE AS MEDICAL ADVICE. ALTHOUGH OUR SERVICES MAY CONTAIN ARTICLES ON MEDICAL TOPICS, WE MAKE NO WARRANTY WHATSOEVER THAT ANY OF THE ARTICLES ARE ACCURATE. EVEN IF A STATEMENT WE MAKE ABOUT A HEALTH OR MEDICAL ISSUE IS ACCURATE, IT MAY NOT APPLY TO YOU OR A PERSON IN YOUR CARE’S SYMPTOMS.

The Content on our Website, including health or medical information is, at best, general and does not and is not meant to be a substitute for the advice of a licensed medical professional (like a qualified doctor/physician, physician assistant, nurse, therapist, psychologist, psychiatrist, or other healthcare provider), and should not be used to diagnose or treat any kind of disease, illness or symptom. We cannot and do not take any responsibility for the results or consequences of any attempt to use or adopt any of the Content on our Website. You should not interpret anything in our Content or Services or on our Website as an attempt to offer or render a medical or healthcare opinion or otherwise engage in the practice of medicine or therapy.

As a reminder, treatment-related decisions regarding actual medical diseases, illnesses, and symptoms are best made in direct collaboration with a well-informed licensed medical or therapeutic professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think that you, or a person in your care, may have a medical emergency, call your doctor or 911 immediately. THE COMPANY AND ITS EMPLOYEES, VOLUNTEERS, CONTRACTORS, AND CONTRIBUTORS SHOULD NOT BE CONTACTED WITH THE EXPECTATION THAT THEY CAN OR WILL RESPOND TO ANY ACTUAL EMERGENCY.

We do not endorse or guarantee any specific tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the Company, our employees, or others appearing in our Services for or on the behalf of the Company is solely at your own risk. No claims, representations, or warranties, whether expressed or implied, are made as to the safety, reliability, and performance of any tests, products, or services.

Privacy Policy

The Luckiest, LLC (“Company”, “we”, or “us”) respects your privacy and is committed to protecting it through this Privacy Policy.

This Privacy Policy governs your access to and use of TheLuckiestClub.com, including any content, functionality, and services offered on or through TheLuckiestClub.com (the “Website”), whether as a guest or a registered user.

When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. This policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website.

Please read the Privacy Policy carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Privacy Policy. If you do not want to agree to the Privacy Policy, you must not access or use the Website.

CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@theluckiestclub.com.

INFORMATION WE COLLECT ABOUT YOU

When you access the Website, the Company will learn certain information about you during your visit.

Information You Provide To Us. The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website.

We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.

Information We Collect Through Automatic Data Collection Technology. As you navigate through our Website, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.

The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.

USE OF COOKIES AND PIXELS

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

EMAIL INFORMATION

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.

EMAIL POLICIES

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as allowed in the section titled Disclosure of Your Information.

We will maintain the information you send via e-mail in accordance with applicable federal law.

In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.

Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.

HOW AND WHY WE COLLECT INFORMATION

The Company collects your information in order to record and support your participation in the activities you select. If you register to download a book or resources, sign up for our newsletter, and/or purchase a product from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a visitor to this Website, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for services that you are required to provide information.

If you are outside the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will automatically enroll you to receive our free email newsletter. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to admin@lauramckowen.com requesting to unsubscribe from future emails.

If you are in the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will only enroll you to receive our free email newsletter if you affirmatively consent to it. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to admin@lauramckowen.com requesting to unsubscribe from future emails.

HOW DO WE USE THE INFORMATION THAT YOU PROVIDE TO US?

We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.

From time-to-time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information.

From time-to-time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.

DISCLOSURE OF YOUR INFORMATION

As a general rule, we do not sell, rent, lease or otherwise transfer any information collected whether automatically or through your voluntary action.

We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you.

We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.

We may provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s asserts and/or business.

We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.

HOW DO WE PROTECT YOUR INFORMATION AND SECURE INFORMATION TRANSMISSIONS?

We employ commercially reasonable methods to ensure the security of the information you provide to us and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors.  Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email.

The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

For site security purposes and to ensure that this service remains available to all users, the Company uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

POLICY CHANGES

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

VISITOR’S GDPR RIGHTS

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

CONTACT US

We welcome your questions or comments regarding the Privacy Policy:

Email Address: support@theluckiestclub.com

Effective as of October, 2020.