Terms & Conditions 

 

Last Revised July 3, 2019

Thank you for visiting a Lucky Penny Creative, LLC website including luckypennycreative.com and lpconline.com referred to herein as "this website."

By accessing this website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use

You are granted a fully revokable license to use the materials (information or software) on Lucky Penny Creative’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Lucky Penny Creative’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.

Any trademarks, taglines, and logos displayed are trademarks belonging to us. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or content or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Lucky Penny Creative at any time.  You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

By accessing this site, you agree that you will not use what you have access to here to create a competing website, product, or service; and, that you will not create any work that compiles or derives from what you have access to here; and, that you will not use this website or services in any manner that violates this agreement or any local, state, federal, or international laws.

Membership Site Terms and Conduct

Upon joining, you will be given access to a members' only area via secure link and login using an email and password. You agree to not share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to this program. You also agree that you will not sell access to this program and will not sell any of its content without direct written permission from Lucky Penny Creative.

Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.

You understand and agree to not place an unreasonable burden on the server hosting this web site or membership site, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.

You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.

Refund and Return Policy

Due to the digital nature of our products and services, we DO NOT offer any refund or returns for any products or services sold on our website for any reason. Please note: If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency. If you have any questions about our Refund and Return Policy, please send an email to hello@luckypennycreative.com and we will be happy to assist you.

Financial Obligation

Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

Recurring Payments

For members who joined on a monthly payment plan, the monthly membership is a recurring subscription to LPC Online for the duration of one (1) calendar year. By joining as a monthly member, you understand that the credit card information you provide upon registration will be charged each month on your monthly subscription anniversary date until you fulfill your year commitment.

You also understand that you are responsible for any missed or failed payments due to cancelled, changed, or altered payment information that you do not provide to us. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

Failure to pay does not cancel your membership payment obligation. If we cannot collect your monthly payment, your membership will be cancelled by us and an outstanding balance will be placed on your account for the remaining amount owed. You are responsible for all outstanding membership balances whether or not you maintain an active membership.

If you do not wish to maintain a recurring monthly membership but would still like to access the LPC Online content, please opt for the one-time payment year access membership.

We do no offer month-to-month memberships and you may not purchase one month of membership at a time. All monthly memberships are recurring monthly subscriptions for a full calendar year.

Payments

You represent and warrant that when making purchases from Lucky Penny Creative that any credit card or payment information you give us is accurate and complete; and, any charges incurred by you will be honored by your financial institution or credit card company; and, you will pay the charges incurred by you, including any and all taxes; and, if your payment method is not honored for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.

When you join LPC Online, you will opt to pay upfront for the year in full or choose a monthly recurring payment plan for the duration of a full calendar year. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).

You hereby authorize Lucky Penny Creative, Alex Fisher, and LPC Online to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. All charges are in USD. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Termination of Membership

Your membership with us is effective until terminated by you or us. Your rights found within these Terms and Conditions will terminate without your notice if you fail to comply with any term of these Terms and Conditions. You agree that upon termination, you will stop representing yourself as a member. Additionally, you must delete or destroy any information or content (including all copies) obtained from the membership website. Copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues survive the termination of any membership.

Membership Types

Monthly Payment Plan - The Monthly Payment Plan membership is a recurring monthly payment from the date you join and automatically renews each month on your original subscription date for the duration of a full calendar year.

One Time Payment - The One Time Payment membership is valid for 365 days from the date you join. Your membership is paid in full upon joining.

Disclaimer

The materials on Lucky Penny Creative’s website are provided on an 'as is' basis. Lucky Penny Creative makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Lucky Penny Creative does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. 

Where applicable, this membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.

We reserve the right to discontinue or modify without notice or liability, any portion of this website or membership site at any time.

Limitations

In no event shall Lucky Penny Creative or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Lucky Penny Creative’s website, even if Alex Fisher or a Lucky Penny Creative authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on Lucky Penny Creative’s website could include technical, typographical, or photographic errors. Alex Fisher and Lucky Penny Creative do not warrant that any of the materials on its website are accurate, complete or current. Lucky Penny Creative may make changes to the materials contained on its website at any time without notice. However Lucky Penny Creative does not make any commitment to update the materials.

Links

Lucky Penny Creative has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Lucky Penny Creative of the site. Use of any such linked website is at the user's own risk.

Modifications

Lucky Penny Creative may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Notice

All notices, requests, demands, and other communications to Lucky Penny Creative or Alex Fisher shall be in writing and properly addressed as follows:

Mailing Address: 34 2nd Street, Greenville, SC 29611, hello@luckypennycreative.com

Severability

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Lucky Penny Creative with respect to this web site and supersedes all prior or contemporaneous communications between you and Lucky Penny Creative with respect to this web site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of South Carolina and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. You hereby consent to binding arbitration in the State of South Carolina to resolve any disputes arising under these Terms and Conditions.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.