By accessing, using, or viewing the One Lucky Duck Website (the "Site") or any of its services, functions or contents, You agree to each of the following terms, conditions and notices which govern Your of use of the Site and Your purchase of products and services on the Site.
The Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from One Lucky Duck E-Commerce LLC ("One Lucky Duck") has been granted. You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain prior express written consent from One Lucky Duck. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to One Lucky Duck or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for One Lucky Duck or cause One Lucky Duck to lose (in whole or in part) the services of our suppliers.
This products and services made available by One Lucky Duck and its suppliers on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining One Lucky Duck's prior written consent. One Lucky Duck and its suppliers may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to Your purchase and are incorporated by reference herein.
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of One Lucky Duck and other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of One Lucky Duck and other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any One Lucky Duck trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
You agree that all ideas, comments, suggestions or other information that You provide to One Lucky Duck regarding the Site or products and services provided on the Site (the "Feedback") shall be One Lucky Duck's property, and may be used by One Lucky Duck on a non-confidential and unrestricted basis, without compensation to You.
You agree that One Lucky Duck has no obligation to, but may monitor and review information You transmit over the Site. You agree that One Lucky Duck may censor, edit, remove or prohibit the transmission or receipt of any information that One Lucky Duck deems inappropriate or in violation of these terms and conditions, and use any such information as necessary to provide the Site and to protect the rights of One Lucky Duck. You agree that One Lucky Duck may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
This Site includes links to other web sites. One Lucky Duck provides such links solely as a convenience to You and for informational purposes only. One Lucky Duck has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates One Lucky Duck's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither One Lucky Duck, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access other web sites, You do so at Your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. One Lucky Duck is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. One Lucky Duck reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
One Lucky Duck and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, One Lucky Duck and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ONE LUCKY DUCK HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOU AGREE THAT IN NO EVENT SHALL ONE LUCKY DUCK, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY ONE LUCKY DUCK OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE.
You agree to indemnify and hold One Lucky Duck and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of these terms and conditions or Your violation of any law or the rights of a third party. One Lucky Duck' failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
Any disputes arising out of or related to the Site or these terms and conditions shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of New York.
One Lucky Duck may at any time amend, modify or supplement any terms and conditions applicable to the Site, and Your continued use of the Site will constitute Your acceptance of any such amendment, modification, or supplementation.