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Terms of Service

TERMS OF SERVICE
Lucky Charms 18 Terms of Service, Use and Purchase

Welcome to Lucky Charms 18! This Web site located at www.LuckyCharms18.com (this "Site") is owned and operated by Lucky Charms 18, Inc. ("Company"). This Site and any purchases made through this Site are governed by the terms of service, use and purchase described below ("Terms"). By using this Site, purchasing items through this Site, and/or enrolling in our Email List, you agree to be bound by these terms, so please review this entire page carefully.

You must be at least 18 years old to purchase Lucky Charms 18 products from this Site or to use Lucky Charms 18' services. The Company reserves the right in its discretion to revise the Terms from time to time, so please check back here periodically for updates. By continuing to use or purchase products from this Site and/or by remaining a member of the Lucky Charms 18 email list, you accept and agree to the Company's right to revise the Terms from time to time and to be bound by such changes, so long as they are promptly posted on the Site or emailed to the email account we have on record for you. If you do not wish to be bound to these Terms (or any revisions to these Terms), please do not use this Site or the Company's services.

IMPORTANT - PRICE CHANGES OR OTHER ERRORS
www.LuckyCharms18.com makes every effort to ensure our information is correct, however we are not responsible for pricing, typographical, product information or advertising errors. In the event an item is listed with incorrect price or information we reserve the right to refuse or cancel any orders placed. If your credit card has already been charged for the purchase, we shall issue a refund as soon as possible. By completing the 'checkout process' you are making an offer to purchase goods which, if accepted by us, will result in an active order. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Lucky Charms 18. The collective work includes works that are licensed to Lucky Charms 18. Copyright 2015, Lucky Charms 18 ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.LuckyCharms18.com or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.LuckyCharms18.com or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Lucky Charms 18. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Lucky Charms 18 used in the site are trademarks or registered trademarks of The Company.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Company does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Company does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Lucky Charms 18 shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Company has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Lucky Charms 18 without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Lucky Charms 18 may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to us.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Lucky Charms 18 products) shall be in the state or federal courts located in Broward County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Lucky Charms 18 products) must be commenced within one (1) year after the claim or cause of action arises. www.LuckyCharms18.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Lucky Charms 18 may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lucky Charms 18 or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Lucky Charms 18 does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Lucky Charms 18 is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Lucky Charms 18 reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Lucky Charms 18 in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Lucky Charms 18, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Lucky Charms 18 may link to sites operated by third parties. However, even if the third party is affiliated with Lucky Charms 18, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lucky Charms 18. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Lucky Charms 18 seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

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