You must read, agree with and accept all of the terms and conditions contained in the following terms & conditions (“Terms & Conditions”) which includes those terms and conditions expressly set out below and those incorporated by reference, before you use our website and other affiliated websites (the “Sites”).
We strongly recommend that, as you read these Terms & Conditions, you also access and read the other pages referred to in this document, as they may contain further terms and conditions that apply to you as a user.
The following Terms & Conditions (“Terms & Conditions”) are applicable to the use of Mark Lachance’s website and other affiliated websites (the “Site”) which is(are) operated by Mark Lachance, Mister Lucky and/or Mister Lucky Official (“we,” “us,” or “our”). Your use of a Site constitutes your acceptance of these Terms & Conditions and creates a binding contract between you and us. If you find the Terms & Conditions to be unacceptable, you must immediately terminate your use of the Site.
How the Site Works. We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). The Site only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, attended one of our events, or have purchased one of our products. The Site collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration or opt-in purposes and name, postal address, and credit card information when registering for our events or purchasing our products or services. All of this information is provided to us by you.
We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site or open HTML-formatted email messages.
We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features; advertising that appear on the Site; and, making other offers available to you via email, direct mail or otherwise. We also may provide your information to third parties, such as service providers, contractors and third-party publishers and advertisers for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a letter to the Online Privacy Coordinator whose address is listed at the end of this Privacy Policy requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third-parties.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Some of our third-party advertisers and ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons or similar technologies. These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements’ effectiveness, or for other purposes. The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party’s privacy policy and is not covered by our Privacy Policy. Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours. If you have any concerns about a third party’s use of cookies or web beacons or use of your information, you should visit that party’s website and review its privacy policy.
The Site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.
We may also make some content, products and services available through our Site or by emailing messages to you through cooperative relationships with third-party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.
Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.
Telemarketing and Text Messages. Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology and text and SMS messages to the telephone number(s) that you provided from us and the marketing partners listed in and hyperlinked to the consent. You are not required to provide this consent to obtain access to the Offers Links and other offers on the Sites and your consent simply allows us to contact you via these means. If you provide consent, CAC an affiliate of ours and any of our other affiliates or Marketing Partners named in the consent may send you SMS messages from their short codes or long codes. The mobile carriers are not liable for delayed or undelivered messages.
As advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.
We abide by Facebook’s Data Use Restrictions.
Any ad data collected, received or derived from our Facebook ad (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device. We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.
Google Analytics
We also use Google Analytics Advertiser Features to optimize our business. Advertiser features include:
Remarketing with Google Analytics
Google Display Network Impression Reporting
DoubleClick Platform integrations
Google Analytics Demographics and Interest Reporting
By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Site. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order. The “Remarketing” feature allows us to reach people who previously visited our Site, and match the right audience with the right advertising message.
You can opt out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.
No Representations or Warranties. The information, samples and services provided on the Site and the content, information, documents, graphics and images displayed on the Site are provided by us and our marketing partners, sample providers, sample manufacturers and other third parties and could include inaccuracies, typographical errors or other errors. We make no commitment to update or correct any errors on the Site. You also understand and agree that the Site may, at times, be inaccessible or inoperable for any reason, including: (a) equipment or communications malfunctions; (b) periodic maintenance, repairs or administrative reviews which we may undertake from time-to-time; or (c) causes beyond our control or which are not foreseeable by us. We will not be responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility or inoperability. To be more specific, we do not warrant the functions, information or links contained on these sites or that their contents will meet your requirements, that these sites or their contents are fit for any particular purpose or that the operations of our network or its contents will be uninterrupted or error-free, or that these sites or the server that makes them available are free of viruses, worms or other harmful components.
While every effort is made to ensure that all information provided at the sites does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS & CONDITIONS, NEITHER WE NOR ANY OF OUR MARKETING PARTNERS AND/OR AFFILIATES MAKE ANY SPECIFIC PROMISES ABOUT THE SITE, OR OTHER GOODS OR SERVICES PROVIDED THEREIN. WE PROVIDE THE SITE AND OTHER SERVICES “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Privacy Policy; Confidentiality. Our Privacy Policy contains terms and conditions that govern our collection and use of the information you provide us or that we obtain through your use of our Sites and
our respective rights relative to that information. In general, we share information you provide us with our marketing partners. Please review our Privacy Policy before you use our Site. Your use of the Site indicates your agreement to our Privacy Policy.
As provided for in the Privacy Policy, we cannot guarantee your confidential use of the Site. We will not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality from your use of the Site.
You and Mark Lachance, Mister Lucky and/or Mister Lucky Official and/or our marketing partners a/o affiliates are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions.
Eligibility. The Site is intended for use by Canadian, US and European residents who are over 13 years of age. We do not represent that all content, materials and services on our Site are appropriate or available for use in geographic locations outside the jurisdictions mentioned herein above and accessing the Sites from certain locations may be illegal and prohibited. You agree not to access the Sites or any content, materials and services on the Site where prohibited by law. We are not responsible for your compliance with local laws or other applicable laws.
Equipment. You are solely responsible for providing and maintaining all hardware, software, electrical and other physical requirements for your use of the Sites, including telecommunications and internet access connections and links, web browsers or other equipment, compatibility, and all other programs or services required to access and use the Site.
Proprietary Rights. The Site is made available for your personal, non-commercial use only and you agree not to copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of the Sites for any purpose. Portions of the Sites are proprietary to us and are protected by intellectual property laws and treaties, including copyright, trademark, service mark, trade secret and/or patent laws and we reserve all of our rights. Some of the services and content on the Site are provided by third parties and is proprietary to these third parties.
The names of companies and products that we do not own and that are mentioned on the Site may be the trademarks of their respective owners. Any use of the protected services and/or content belonging to us or third parties without the express written permission of the owner thereof is strictly prohibited. You may
not use the Site to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the search results and reformat and display them,or mirror the Site home page or search results pages on your website.
Fraudulent Activity Policy. We strictly prohibit user fraud and abuse relating to access to and use of the Site. In accessing the Site, or any other activities, products or services offered by or through the Site, you represent and warrant that: (a) all information you supply is complete and accurate, (b) you are not acting in violation of any applicable laws, rule or regulations or of these Terms & Conditions, and (c) you will not circumvent or attempt to circumvent any provision these Terms & Conditions or any security feature on the Site or engage in any activity that interrupts or attempts to interrupt the Site’s operation. We may take action, including disabling a user’s account, if we deem that a user is exhibiting unusual patterns of behavior and/or randomly and/or excessively clicking on a link or links after performing a search.
Choice of Law. This agreement is governed by and shall be construed in accordance with the laws of the Province of Quebec without giving effect to any principles of conflicts of law. You agree to bring any claims against Highercare.ca exclusively in the courts of Quebec. If any provision of these terms of use proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.
You shall also comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services.
You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
You agree not to impersonate another person in your use of the site or the sending of any e-mail to an address listed on the site.
Mandatory Arbitration. These Terms & Conditions contain a mandatory arbitration provision that requires you to individually arbitrate any disputes or claims you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Sites
LIMITATION OF LIABILITY. WHEN PERMITTED BY LAW, WE AND OUR MARKETING PARTNERS AND/OR AFFILIATES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, AND OUR MARKETING PARTNERS, SAMPLE PROVIDERS AND SAMPLE MANUFACTURERS, FOR ANY CLAIMS UNDER THESE TERMS & CONDITIONS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SITE AND THE SERVICES. IN ALL CASES, WE AND OUR MARKETING PARTNERS AND/OR AFFILIATES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Indemnification. You agree to indemnify, hold harmless and defend us, our shareholders, directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (a) these Terms & Conditions and/or any breach or alleged or threatened breach by you; (b) your use of the Site or any search results or other content or materials or services transmitted or received by you; (c)
any unacceptable or objectionable use of the Site by you; or (d) any negligent or willful misconduct by you.
Integration and Conflicting Terms; Severability. These Terms & Conditions and the Privacy Policy as referenced herein, constitute the complete and exclusive agreement between you and us with respect to use of the Site and supersedes any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written or electronic form, between you and us concerning the use of the Sites. These Terms & Conditions and the Privacy Policy shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the terms of the Privacy Policy shall control over the Terms & Conditions.
Any provision of these Terms & Conditions which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms & Conditions in that jurisdiction without in any way invalidating the remaining provisions of these Terms & Conditions. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
We reserve the right to change the above Terms and Conditions without notice. Any changes will be posted on the Site.
