Welcome to www.pickyeatersrule.com (the “Site”), which is operated by Lucky Nutrition, LLC (“Lucky Nutrition”, “we”, “us”, or “our”)!  Please read these Terms and Conditions carefully because by using our Site because it means that you agree to be bound by and comply with these Terms and Conditions, which includes and incorporates our Privacy Policy and when we refer to our Terms and Conditions, it also includes our Privacy Policy.

Content and Copyright, Trademark, and Related Issues All site contents, including information, copy, graphics, functions and all other material contained on the Site are for your personal informational purposes only. We authorize you to view for your personal, non-commercial use. You cannot delete or alter any copyright or other notice we place on any Content. Content is owned by Lucky Nutrition and is protected by copyright, trademark and other laws and regulations of the United States.  You may not use Content in any way not outlined in the terms and conditions and if you do, your right to use the Content will terminate. The Content and the Site are subject to change without notice.

All trademarks, names, slogans, logos, characters, artwork, and service marks (collectively “Trademarks”) on our Site belong to us. Nothing on our Site should be considered as granting any license or right to use any Trademark displayed on our Site. Your use of the Trademarks displayed on our Site, except as outlined in these Terms and Conditions, is prohibited.

Lucky Nutrition will strictly enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.

REFUNDS AND RETURNS RELATED TO PURCHASES THROUGH THIS WEBSITE: Due to the nature of our product, the FDA regulations state we are unable to accept returns of any food products. However, if you are not completely satisfied within 3 business days of receipt, please contact the Lucky Nutrition customer service department at 800-928-4882.  We value our customers and we will use all best efforts to keep you happy.

Use of Credit Card If you make a purchase for any product available through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) USED IN COJUNCTION WITH ANY TRANSACTION MADE ON OUR SITE. By submitting such information, you give us or the third party collecting that information on our behalf the right to provide information to third parties for the purpose of completing the transactions initiated by you or on your behalf. Verification of information may be required. Nutrition, and Well Being Information Certain Content on our site is to share good general nutrition, and wellness information. This Content is not intended to be a used as substitute for professional medical advice, diagnosis or treatment. It is imperative that you always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never forego professional medical advice or delay communications with your physician as a result of anything on or associated with our Site.

If you think you may have a medical emergency, call  911 immediately. Lucky Nutrition will not recommend or endorse any specific tests, procedures, course of treatment or therapy or other information on or associated with the Site. You should always consult your own qualified medical professional concerning your specific needs and not rely on our Site or Content. Using our Site is at your own risk.

User Submissions The Personal Information you submit to the Site is in accordance with the Privacy Policy. By “Personal Information” we refer to information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other personally identifiable information. You agree you will not send, upload or transmit any communication or content of any type that infringes or violates any rights of any party or violate these Terms and Conditions. By exchanging communications or content, you understand that all information, data, text, photographs, graphics, video, messages, tags, or other materials (“User Content”), are the sole responsibility of the person who originated that specific User Content and you agree that such User Content will not be considered as confidential and you acknowledge and understand others may see, read, use or re-transmit such User Content.  You also represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and that Lucky Nutrition is granted a royalty-free, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create works from, modify, publish, edit, translate, distribute, transmit, broadcast, perform and display such User Content in any media or form, format, or forum now known or hereafter developed. Lucky Nutrition may sublicense its rights.  Lucky Nutrition, however, is under no obligation to use the User Content.

Linking / Third Party Links on Our Site  Our Site may contain links to other Web sites. Lucky Nutrition does not recommend, monitor or control any third party advertising or content, or the content on any third-party Web sites and is not responsible for the privacy policies on other sites or how they may treat your information. Your use of third-party Web sites is at your own risk.

In general, Lucky Nutrition does not object to links to our Site from third-party Web sites. However the following apply:

  1. Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links
  2. Do not present the link to our Site in any way that suggests Lucky Nutrition or our Site has any relationship or affiliation with your Web site or endorses information, products or services on your Web site, unless you have a specific written agreement with Lucky Nutrition
  3. Do not, without Lucky Nutrition’s written permission incorporate any content from our Site into your Web site or use any of our Trademarks or any words
  4. Lucky Nutrition will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Web site, or any Web site that may adversely affect the name, reputation and goodwill of Lucky Nutrition and its products.

Lucky Nutrition reserves the right to cancel permission to link at any time, for any reason.

Limitation of Liability The use of the Site and Content is at your own risk and are provided “as is.” Transmissions over the Internet and communication networks are not in our control and can never be completely secure.  Lucky Nutrition shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site.

In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim. If, for any reason, Lucky Nutrition shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $750, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms and Conditions shall always be construed to take full advantage of their meaning to the extent permitted by law.

Indemnification You agree to defend, indemnify, and hold harmless Lucky Nutrition, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General Lucky Nutrition is based in Boca Raton, FL in the United States of America. Lucky Nutrition makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any terms or conditions in these Terms and Conditions that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms and Conditions.

Applicable Law You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Palm Beach, State of Florida, to adjudicate and resolve any dispute with Lucky Nutrition, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF FLORIDA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms of Use are governed by the substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms of Use 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 of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail to: Lucky Nutrition, LLC, 1801 N. Military Trail, Suite #120, Boca Raton, FL  33431 or contact customer service at +1-800-928-4882.

LUCKY NUTRITION, LLC MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING

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January 2016

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