All references herein to the “Company” shall mean Lukka, Inc. Additionally, when first-person pronouns are used (us, we, our, ours, etc.), these provisions are referring to the Company as publisher of this Site. As the user of this Site (the “User”), these Terms will refer to the User as “you” or through any second-person pronouns, such as “your,” “yours,” etc. Hereinafter, the User of the Site shall be referred to in applicable second-person pronouns. If you are using our Site on behalf of a company or organization, such company or organization will also be considered a party to these Terms.
The Site may contain images and content, including, but not limited to, text, software, images, graphics, data, messages or any other information, and any other website content owned, operated, licensed, or controlled by the Company (collectively, “Materials”).
These Terms apply to all Users of the Site, whether they are customers or not. You become a User by accessing this Site in any way. You need not become a customer of the Site to make these Terms apply to you.
Should you have any questions or comments regarding our Site, please feel free to contact us at: firstname.lastname@example.org.
Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Site, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and nonproprietary. In addition, the Company is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
General Terms and Conditions.
Through these Terms, we are placing legal conditions on your use of the Site and making certain promises to you. You must agree to all of the conditions in these. If you do not agree to or accept all the conditions of these, please immediately discontinue access to and use of the Site.
If you are under the age of eighteen (18) or the legal age for entering legally binding contracts under applicable laws, you are not permitted to use this Site at all. Misrepresentation of your age to gain access to our Site is considered a breach of these Terms and may constitute computer hacking under applicable law.
If you do not understand all of these Terms, then you should consult with a lawyer before using the Site.
Consideration for your acquiescence to all of the provisions in these Terms has been provided to you in the form of allowing you to use our Site. You agree that such consideration is both adequate and is received upon your viewing or using any portion of any of our Site.
By using any part of our Site in any manner, you understand and agree that such use constitutes your affirmation of your complete and unconditional acceptance to all of the Terms.
User Conduct on Site.
All Users may access certain public areas of the Site; however, only customers that register with the Site and pay any associated fees may access and use our products. You understand that all we are providing to you is access to our Site as we provide it. You are solely responsible for acquiring any hardware, software, device, Internet access and other items required for you to use or access the Site. Any associated fees, expenses or other charges that you incur to access our Site are your sole responsibility. These Terms cover the public areas of the Site.
If you are seeking information regarding any illegal activities or seeking to engage in any illegal or fraudulent financial activity, please leave this Site immediately and do not attempt to use the Site. You acknowledge and agree that you are aware of the legality of using our Site in your relevant local jurisdiction, and you agree that you will not use the Site, if such use is prohibited or otherwise violates the laws of your state, province, country or other jurisdiction.
If we determine that you or any User has provided or intends to engage in any activity or provide any services or material in violation of any law, your ability to use the Site will be terminated immediately, without any reimbursement of any payment or fees you may have made to us. We reserve the right, in our sole and absolute discretion, to cooperate with law enforcement upon legal request and/or advisement of an attorney. We hereby disclaim any liability for damages that may arise from any User providing any material or services for any purpose that violates any law.
While using the Site, you may not:
Release of Liability.
By using the Site, you expressly acknowledge and agree that: (i) such use of the Site is at your own and sole risk; (ii) any material and/or data downloaded or otherwise obtained through the use of the Site or any of the Materials contained therein is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data; (iii) the Site and all Materials contained therein, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement; (iv) the Company makes no representations or warranties that the Site or any Materials contained therein, will be uninterrupted, timely, secure, or error-free; nor does the Company make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of the Site or any of the Materials contained therein; (v) the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties; and accordingly, the Company does not assume any responsibility or risk for your use of the Internet; (vi) the Company makes no warranty, express or implied, regarding any transaction entered into through the Site; and (vii) the Company is not responsible for any use of confidential or private information by Users or third parties.
The warranties and representations expressly set forth in these Terms are the only warranties and representations made by the Company with respect to the Site, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law or otherwise, including warranties of merchantability and fitness for a particular purpose which are excluded to the fullest extent permitted by applicable laws. None of these warranties and representations will extend to any third person.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY DISCHARGE, ACQUIT AND OTHERWISE RELEASE THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, ATTORNEYS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATION PROVIDERS, AND AGENTS, FROM ANY AND ALL ALLEGATIONS, COUNTS, CHARGES, DEBTS, CAUSES OF ACTION, CLAIMS AND LOSSES, RELATING IN ANY WAY TO THE USE OF, OR ACTIVITIES RELATING TO THE USE OF, THE SITE, INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO THE FOLLOWING: NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL INTERFERENCE WITH CONTRACT OR ADVANTAGEOUS BUSINESS RELATIONSHIP, DEFAMATION, PRIVACY, PUBLICITY, MISREPRESENTATION, ANY FINANCIAL LOSS NOT DUE TO THE FAULT OF THE SITE, FALSE IDENTITIES, FRAUDULENT ACTS BY OTHERS, INVASION OF PRIVACY, RELEASE OF PERSONAL INFORMATION, FAILED TRANSACTIONS, PURCHASES OR FUNCTIONALITY OF THE SITE, UNAVAILABILITY OF THE SITE, ITS FUNCTIONS AND/OR SERVICES AND ANY OTHER TECHNICAL FAILURE THAT MAY RESULT IN INACCESSIBILITY TO THE SITE, OR ANY CLAIM BASED ON VICARIOUS LIABILITY FOR TORTS COMMITTED BY USERS ENCOUNTERED OR TRANSACTED WITH THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, FRAUD, COMPUTER HACKING, THEFT OR MISUSE OF PERSONAL INFORMATION, ASSAULT, BATTERY, STALKING, RAPE, CHEATING, PERJURY, MANSLAUGHTER OR MURDER.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of the Company, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
From time to time due to technological factors, scheduled software uploads and other factors beyond or within our control, the Site may be temporarily interrupted. You agree that we are not liable for any loss and damage arising from such interruption and you agree to hold us harmless from and against any such interruption of or inability to access the Site.
The Company has no obligation to monitor the Site. However, you acknowledge and agree that the Company has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. The Company will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.
You agree to defend, indemnify and hold the Company and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or related to any violation of these Terms by you.
Clicking on certain links within this Site might take you to other web sites for which the Company assumes no responsibility of any kind for the content, availability or otherwise. The content presented at this Site may vary depending upon your browser limitations.
New York state law governs these Terms without regard to its conflicts of law provisions.
Nothing in these Terms shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. We are not your agent or other representative. Except for the exculpation provisions herein, nothing expressed in, mentioned in, or implied from these Terms is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons. These Terms and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and us.
Any notice we are required to give you under these Terms may be provided by a general posting on the Site. Notices from you to us shall be given by email to: email@example.com, unless otherwise specified in these Terms.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. You may not assign these Terms without our prior written consent. We may assign these Terms and our rights and obligations hereunder at any time upon thirty (30) days prior written notice to you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms, or any portion thereof, to be invalid, unenforceable or illegal, such invalidity, unenforceability or illegality shall not affect the remainder of these Terms which will continue to be in full force and effect.
We make no representation that the Site or any of the Materials contained therein, are appropriate or available for use in locations outside the United States, and access to them from territories where their content or function may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms.