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”).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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:
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.
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.
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:
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.
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.
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.
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.
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.
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.
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
We’ve all had our beginning. Our day we decided we’d had enough. Or maybe we’re needing more connection than we’re getting in other meetings. Whatever your reason, we’re so glad you’re here. We can’t wait to meet you. Welcome to the club.