Terms of Use Agreement

1. Introduction and Summary

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”).

2. Entering the Agreement

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.

3. Eligibility

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.

4. Description of the Services

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.

5. License to Use the Services

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.

6. Availability of Services

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.

7. Assumption of Risk; Disclaimers

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.

8. Third Parties

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.

9. Community Guidelines and Rules

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.

  • Responsibility: You are responsible for what you post in the Private Group Forums and your responses to other members in those Forums. Please respect that others may hold beliefs and perspectives that differ from your own and take responsibility for the energy that you bring into the community. We are a sobriety-focused community. Posts promoting moderation will be removed as they may negatively impact another member’s sobriety. Every community member is required to comply with these Terms, our Privacy Policy, and the other policies and guidelines posted on our Website or otherwise made available by TLC.
  • Tolerance:  There are many paths to sobriety and this space has been created to be inclusive of all recovery modalities. Practice tolerance and carry an understanding that your method of recovery may or may not be the same as what others in the community choose to follow.
  • Inclusivity:  TLC is open to anyone who has the desire to get and stay sober.
  • Respect and Purpose: TLC’s purpose is to support the connection and growth of individuals’ recovery. Remember that everyone here is seeking connection and support in recovery. We expect community members to treat one another with respect at all times. With this in mind, please do not engage in debating overtly controversial topics unrelated to recovery while participating in the Forums. You may have to agree to disagree. In order to promote and maintain the purpose of TLC, posts that promote political party/affiliation, religious, or legal debates will be immediately removed. Decisions about sobriety and recovery are deeply personal, individual choices. Bullying, harassing, name-calling, insulting, or posts that are disrespectful to another member, TLC staff, representatives, partners, or any recovery modality will not be tolerated and, subject to TLC’s sole discretion, you will be immediately removed from the Private Group Forums and your membership revoked. Do not post anything that a reasonable person would consider to be abusive. Hate speech, racism, misogyny, and homophobia will not be tolerated. One strike and you’re out. Please see Section 9C(2) of the Terms for additional examples of prohibit content (“Prohibited Content”). If you have a dispute with another member, we hope that you will be able to work it out amicably. However, if you cannot, please understand that TLC is not responsible for the actions of its members; each member is responsible for their own actions and behavior, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”
  • Anonymity, Privacy, and Confidentiality:  Do not reveal personal information, community Content, or any other information shared within the community to an external source. This includes the video, audio recordings, or chat transcripts from the meetings. Unauthorized distribution of the items listed herein or which may otherwise impede or impact the privacy of members of the community or any particular individual is in violation of the community guidelines and your account will be immediately suspended at TLC’s sole discretion.
  • Appropriateness:  Our Private Group Forums serve as a community where our registered members can connect, promote, and support one another with their sobriety and their sober lifestyles and may only be used to promote such matters. Our Private Group Forums and our overall community is not a space to promote your personal work, business(es), or similar activities. This includes links to your business websites, blog posts or articles, of written offers of service. While we value our members’ work, we want this space to be first and foremost about support.  TLC reserves the right to suspend or to permanently deactivate the accounts of any members who, in TLC’s sole and reasonable judgment, is deemed to be advertising or promoting services or businesses on the Website or in its community.  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. Please see Section 9C(2) of the Terms for additional examples of prohibit content (“Prohibited Content”).
  • Further, the Private Group Forums are not to be used to seek or offer medical, therapeutic, or psychiatric advice. Members should refrain from recommending medications, home remedies, or making other medical or therapeutic suggestions. All individuals should consult with a medical professional outside of the member forum for guidance as it relates to your physical and mental health. If you are a licensed medical provider, please remember that the purpose of the forum is to provide peer support only and you are expressly prohibited from providing medical guidance or support on our Website or through our community or Services. In the event that TLC learns that a you are providing, what in TLC’s sole and reasonable judgment, is deemed to be medical recommendations, guidance, or advice on its Website or to members of its community, it may immediately suspend or to permanently deactivate the associated account associated with such member. 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.  For more information, our Medical Disclaimer included in these Terms.

2. TLC Meetings and Subgroups

TLC does not currently host affinity (interest, age, gender, race) or location-specific subgroups, online meetings (e.g., Facebook groups, WhatsApp groups), or in-person meet-ups. All our meetings are open to all members at this time. 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.

3. Community Growth, Development, and Meetings

We encourage you to connect with members of the community. We have developed a simple subgroup directory on our Member site with a list of known affinity and location-specific subgroups, as well as guidelines for subgroup development and use, on our membership site.

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:

  • Unique (not re-used anywhere else)
  • Complex (a mix of letters, numbers, symbols, uppercase, and lowercase; not any part of your name, and not easily guessed)
  • Long (greater than 5 characters)
  • Changed regularly (at least once a year)

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:

  • be in violation of these Terms, any policies or such other documents included herein by reference, any applicable local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
  • trick, defraud or mislead TLC or other users, especially in any attempt to learn sensitive account information such as passwords;
  • make improper use of TLC’s support services or submit false reports of abuse or misconduct;
  • disparage, tarnish, or otherwise harm TLC and/or the Service;
  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices;
  • copy or adapt the Services' software, if any, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  • reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services;
  • except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
  • cover or obscure any notice, banner, advertisement, or other branding on the Services;
  • interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services; and
  • violate any confidentiality provisions to which you may be subject by way of the Subscription Agreement and related transactional paperwork executed by TLC.

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.

10. Indemnification

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.

11. Limitation of Liability / Disclaimer of Warranties

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:

  • The accuracy, reliability, completeness, correctness, or timeliness of the Content, text, graphics, links, recommendations, or communications provided on or through the use of the Website or Services.
  • The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the Website or Services.
  • The Services will be uninterrupted, or free of errors, viruses, or other harmful components.

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.

12. Statute of Limitations

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.

13. Children's Privacy

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.

14. Dispute Resolution

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.

15. Modification of 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.

16. General

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.

17. Contact Us

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


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