Copyright, Trademark and other Intellectual Property Rights
Except as otherwise noted and except for the content posted on the “Journal” hereof, any and all text, images, designs, marks, Lucky Palm by MD trademark, www.luckypalmbymd.com domain name, logo, icon, demonstrative, written, electronic, graphic and other kinds of technical data, computer software, distribution system, business model and method and other content of the Lucky Palm by MD Website (the “Content”) is copyrighted, trademarked, legally protected by trade dress, and/or otherwise proprietary to Lucky Palm by MD.
Lucky Palm by MD authorizes you to view the Content and to download and print the Content for your own personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site, without obtaining prior approval or sourcing. By your use of the Website, you represent and warrant that your use of the Content will be consistent with this license and that you will not infringe or violate the rights of any other party, including Lucky Palm by MD, or breach any contract with or legal duty to any other party. Lucky Palm by MD reserves all rights not expressly granted herein. If you believe that any item of the Content has been copied and is accessible on the Lucky Palm by MD Website in a way that constitutes copyright infringement or the infringement of any other intellectual property rights, please notify Lucky Palm by MD as soon as possible so that Lucky Palm by MD may act promptly and appropriately.
Although Lucky Palm by MD uses reasonable efforts to provide accurate and complete information on the Lucky Palm by MD Website, information about products or their availability or prices may be inaccurate, incomplete, or out of date. Based on variations in computer monitors and other computer hardware, colors and other attributes of the products may not be displayed accurately.
Disclaimer/Limitation of Liability
The Lucky Palm by MD Website, its Content, and any information available on or through the Website are provided “as is” and “as available” and without any representations or warranties of any kind, to the fullest extent permitted pursuant to applicable laws. Lucky Palm by MD expressly disclaims any and all representations and warranties with respect to the Lucky Palm by MD Website and its Content, whether express, implied, or
statutory, including warranties of title, merchantability, fitness for a particular purpose, and non-infringement of any intellectual property or other proprietary rights. Lucky Palm by MD does not represent or warrant that your use of the Website, or the operation or function of the Website, any component thereof, or any services offered in connection therewith, will be uninterrupted or error free, that defects therewith will be corrected, or that the Website or its server are free of viruses or other harmful elements. In addition, certain information may be provided or updated from a source other than Lucky Palm by MD and Lucky Palm by MD does not assume any liability or responsibility for the accuracy of such information.
Lucky Palm by MD, and its employees, directors, officers, agents, representatives, vendors, and service providers are not liable for any damages, including special, indirect, punitive, or consequential damages of any nature, resulting from any use of or reliance on, the Website, the Content, or other materials or information provided on or through the Website, including, without limitation, damages for lost profits, loss of goodwill, or loss of data, software or content, or any use of any of the foregoing, even if an authorized representative of Lucky Palm by MD has been advised or should have known of the possibility of such damage.
You agree to indemnify, defend, and hold Lucky Palm by MD harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use or operation of the Lucky Palm by MD Website.