Terms of use

These Terms of Use, together with the Privacy Policy (collectively, the "Terms"), outline the conditions under which you may access and use the website www.luckybreakcannabis.com (the "Website"), including all related content (as defined below) and services (collectively referred to as the "Service"). These Terms represent a binding agreement between you and Lucky Break (as defined below), and they govern your use of the Service. Access to the Service is contingent upon your acceptance of and compliance with these Terms.

The Service is owned and operated by 56 Benton LLC, a Connecticut-based company ("Lucky Break").

BY ACCESSING OR USING THE SERVICE IN ANY WAY—REGARDLESS OF THE DEVICE OR LOCATION—YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THESE TERMS. YOU ALSO DECLARE THAT YOU MEET THE ELIGIBILITY CRITERIA STATED BELOW, AND YOU AGREE TO BE BOUND BY THESE TERMS AS THEY APPEAR ON THE DATE YOU USE THE SERVICE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT US VIA EMAIL AT info@luckybreakcannabis.com.

1. WHO IS ELIGIBLE TO USE THE SERVICE
By using the Service, you confirm that you are at least 21 years old and legally capable of entering into this agreement. If you are under the age of 21, you are not permitted to use the Service.

2. LOCATION; CHANGES; DURATION

2.1 Location
The Service is provided to users exclusively at our business location in Connecticut (the "Business Location"). By accessing and using the Service, you voluntarily agree to be bound by these Terms, and you are using the Service at the Business Location. Lucky Break does not guarantee that the Service is suitable or available for use by individuals accessing it from outside Connecticut. Before attempting to access the Service from a location outside Connecticut, you should be aware that the Service may include content, products, or services that are not available or may be prohibited in other areas. In such cases, you access the Service at your own risk.

2.2 Changes
We reserve the right to modify, update, or change these Terms at any time, in whole or in part, at our sole discretion. Any changes to the Terms will be effective as of the "Last updated" date noted at the top of these Terms. By continuing to use the Service after changes are made, you agree to be bound by the revised Terms. It is your responsibility to review the Terms periodically for updates. You cannot alter any part of these Terms without obtaining our prior written consent.

2.3 Duration
These Terms will remain in effect for any access or use of the Service and will continue to apply as long as you use the Service, including any updates to the Terms.

3. USE OF THE SERVICE

3.1 Limited License to Use the Service
Subject to all terms, restrictions, and eligibility requirements set forth here, we grant you a limited, non-transferable, non-exclusive, royalty-free, worldwide, revocable license to access and use the Service for your personal and lawful purposes only. This license does not constitute a sale, nor does it transfer any ownership, rights, or interests in the Service. If you violate any of these Terms, your access to the Service and license to use it will automatically terminate.

3.2 Information About You
We may collect, store, use, and disclose certain personally identifiable and other information about you, as described in our Privacy Policy and Cookie Policy. Lucky Break may use this information without compensation to you, in consideration for the services and content provided through the Website.
To use certain features of the Service, such as purchasing products online, you may be required to provide personal information such as your name, email address, company name (if applicable), shipping and billing addresses, and payment details.
You are solely responsible for the security of your information and agree to monitor and assume full responsibility for its use, whether authorized or unauthorized. You acknowledge and agree that neither Lucky Break nor any of its affiliates or partners will be liable for unauthorized transactions made using your information. Additionally, you are liable for any unauthorized use of your information that could result in liability to Lucky Break.

3.3 Restrictions on Your Use of the Service
You agree not to use the Service in any way that is not explicitly permitted by these Terms or in a manner that violates any applicable laws or regulations. If you do so, we reserve the right to terminate your access to the Service and you may face legal consequences. Specifically, you agree not to:

  • Use the Service in violation of any law or to infringe on the rights of others.

  • Use the Service to sell access, generate advertising revenue, or gather personal data for profit.

  • Act as an agent, affiliate, or representative of Lucky Break or the Service without permission.

  • Imply or state that Lucky Break endorses or is affiliated with any other service, product, or company unless explicitly stated.

  • Modify, translate, adapt, or create derivative works from any part of the Service.

  • Attempt to circumvent, hack, disable, or interfere with the Service’s security or technical features.

  • Overload our infrastructure with excessive demands.

  • Deep-link to or frame any part of the Service without explicit permission from Lucky Break.

4. CONTENT ON THE SERVICE

4.1 Definition of Content
"Content" refers to any information available through or transmitted by the Service, including but not limited to the following: ideas, data, text, tags, scripts, posts, messages, comments, questions, slogans, newsletters, descriptions, pricing, tables, statistics, rankings, ratings, reviews, lists, maps, spreadsheets, models, pictures, photographs, presentations, drawings, graphics, logos, designs, brands, images, buttons, icons, widgets, interfaces, applications, application programming interfaces (APIs), software, source code, object code, digital files, compilations, compositions, sounds, sound recordings, audio clips, music, jingles, spoken word, performances, speeches, audio-visual works, interactive works, games, video games, films, videos, commercials, infomercials, advertisements, and any other materials, features, or functions available on or through the Website. This also includes any content that is copyrighted and/or trademarked by Lucky Break.

4.2 Content of Lucky Break or Our Affiliates
All Content on the Service is owned by Lucky Break, our affiliates, or licensors. We retain the right to modify or remove any Content from the Website at any time and for any reason, without prior notice to you. You may not reproduce or distribute any Content from the Website on other websites or platforms without first obtaining our written consent.

5. ELECTRONIC COMMUNICATIONS
This section does not apply to personal information you provide to the Service, as we are committed to protecting your privacy. For more details on how we handle your data, please review our current Privacy Policy, which governs your use of the Service.

If you send us any communication, including feedback, questions, comments, or suggestions (collectively, "Feedback"), whether through email, letters, phone, or via our contact form on the Website, please note that all such Feedback is considered non-confidential and non-proprietary. By submitting Feedback, you grant Lucky Break full rights to use, modify, reproduce, and distribute your ideas, concepts, know-how, techniques, and other intellectual property without any obligation to you, including without compensation or attribution. This includes using such Feedback to improve the Service or to develop, market, or sell products and services based on your input. You also understand that Lucky Break is not required to use, display, or respond to any Feedback, and that we are not liable for any costs or responses related to the Feedback you provide. Additionally, we may use aggregated data collected from Website usage.

6. LINKS

6.1 Links to Third-Party Websites
The Service may contain links and advertisements to third-party websites, applications, services, products, and other resources. Lucky Break has no control over these external sites and resources. By using the Service, you acknowledge and agree that we are not responsible for the availability or content of such third-party sites, and we do not endorse or assume any liability for any materials, content, products, services, or advertisements found on those sites. Additionally, you agree that Lucky Break will not be liable, directly or indirectly, for any damages or losses that may occur as a result of using or relying on any content, goods, or services from these third-party sites or resources. Any interactions or business dealings you have with third parties, including payment and delivery of products or services, are solely between you and that third party. Lucky Break is not responsible for any loss or damage incurred from such dealings or from the presence of third parties on the Service.

6.2 Links from Third-Party Websites to the Lucky Break Website
Unless we provide written consent for broader rights to link to or advertise the Service on third-party websites, you may only link to the Service for non-commercial purposes. When doing so, you must not use any of our trademarks or trade names, except in a strictly descriptive manner.

Your links must comply with the following conditions:

  • The link must not reproduce any part of the Content, either fully or partially.

  • The link must not contain false, misleading, or inaccurate statements about Lucky Break or the Service, nor should it imply that Lucky Break endorses or approves the content or services of the third-party site.

  • The link and surrounding content must not damage or dilute the goodwill associated with Lucky Break’s name, reputation, or intellectual property, as determined by us in our sole discretion.

  • The third-party website where the link appears must not contain illegal, vulgar, obscene, or otherwise inappropriate content, including discriminatory language or material.

We reserve the right to revoke permission for linking to the Service at any time, without notice. If we notify you that you may no longer link to the Service, you must promptly remove all affected links within three (3) business days.

7. INTELLECTUAL PROPERTY RIGHTS
All trademarks, service marks, trade names, trade dress, copyrighted materials, patents, trade secrets, proprietary ideas, and other intellectual property rights displayed or used on the Service (collectively referred to as "IP") are owned by Lucky Break, licensed to us, or used under legal exceptions such as fair use or the first-sale doctrine. Unless explicitly granted in writing, nothing in these Terms or the Service grants you any rights to use or copy our trade names or IP.

Any unauthorized reproduction or distribution of our Service or its parts is strictly prohibited and could result in civil or criminal legal action, including but not limited to damages, injunctive relief, and penalties under the law. If you become aware of any IP infringement, please notify us at info@luckybreakcannabis.com.

8. INDEMNIFICATION
You agree to defend, indemnify, and hold Lucky Break, along with its shareholders, officers, employees, agents, advisors, affiliates, subsidiaries, assignors, and licensors, harmless from any claims, actions, demands, liabilities, damages, losses, fines, penalties, costs, expenses, or settlements (including, but not limited to, attorney and expert fees) arising from:

  • (i) your use or misuse of the Service,

  • (ii) your violation of any part of these Terms,

  • (iii) any representation or warranty you made herein, or

  • (iv) your breach of any law, regulation, or third-party rights.

We have the right to take exclusive control of the defense of any action in which Lucky Break is named a party, and you agree to cooperate fully in asserting any defenses we deem appropriate. Please note, nothing in these Terms limits or excludes your liability for indemnifying us as described above.

9. DISCLAIMERS AND LIABILITY LIMITATIONS
The obligations set forth in these Terms represent Lucky Break’s only responsibility to you in relation to the Service. We are not obligated to take any action regarding:

  • (a) who accesses the Service,

  • (b) what Content you view through the Service,

  • (c) the effects of that Content on you,

  • (d) how you interpret or use the Content, or

  • (e) any actions you take due to exposure to the Content.

Additionally, you acknowledge and agree to the following disclaimers and limitations on liability. Note that the laws in some jurisdictions may not allow limitations on implied warranties or exclusions of specific liabilities or damages. If these laws apply to you, some or all of the disclaimers and limitations may not be enforceable, and you may have additional rights.

9.1 WARRANTY DISCLAIMERS
Your use of the Service is entirely at your own risk. The Service and all associated content are provided to you on an "as is," "with all faults," and "as available" basis. We make no guarantees regarding the accuracy or completeness of the content, and we do not offer any express or implied warranties, including those regarding non-infringement of intellectual property, functionality, completeness, or satisfactory quality. Specifically, we do not guarantee that the Service will:

  • (a) be uninterrupted or free from technical issues or errors,

  • (b) be free of harmful elements such as viruses or malware,

  • (c) always be secure or accessible,

  • (d) be free from errors even if we are aware of them, or

  • (e) meet your personal requirements.

We do not guarantee the quality, accuracy, timeliness, or reliability of any content, and some jurisdictions may not allow limitations on incidental or consequential damages, so some of these disclaimers may not apply to you.

9.2 LIMITATION OF LUCKY BREAK’S LIABILITY
To the fullest extent permitted by law, you agree not to hold Lucky Break or any of its affiliates, officers, directors, agents, or partners liable for any damages or losses arising from your use of the Service, including delays or inability to access it, reliance on third-party content or services, viruses, errors, linked sites, or other issues. This includes but is not limited to direct, indirect, incidental, special, punitive, or consequential damages such as lost profits or data, and even if we were advised of the possibility of such damages.

If Lucky Break is found liable for any damages related to your use of the Service, such liability is limited to the higher of:

  • (a) the total fees you paid to Lucky Break, if any, or

  • (b) one hundred U.S. Dollars (US$100).

Where applicable law does not allow the exclusion or limitation of liability, Lucky Break’s liability will be limited to the fullest extent permitted by law.

10. DISPUTE RESOLUTION SYSTEM

10.1 GOVERNING LAW
These Terms are governed by and will be interpreted according to the laws of the State of Connecticut, without regard to its conflict of laws provisions.

10.2 ARBITRATION
Any disputes arising from or related to these Terms or your relationship with Lucky Break, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator. You agree to waive your right to a trial by jury. The arbitration will take place individually, and class arbitrations or class actions are not permitted. You are waiving your right to participate in any class action. Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which can be accessed at AAA's website. Hearings will be conducted by teleconference or videoconference unless the arbitrator determines an in-person hearing is necessary. Any in-person hearing, if required, will take place in Connecticut unless otherwise agreed in writing. The arbitrator's decision will be final and binding.

10.3 IRREPARABLE HARM
Notwithstanding the arbitration provision in Section 10.2, you acknowledge that any unauthorized use of the Service or breach of these Terms may cause immediate, irreparable harm to Lucky Break. Monetary damages would not adequately compensate Lucky Break for this harm. Therefore, in the event of a breach or threatened breach, Lucky Break may seek injunctive relief, in addition to any other remedies available, without needing to post bond or security.

11. GENERAL PROVISIONS

11.1 RELATIONSHIP OF THE PARTIES
Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Lucky Break or its affiliates unless explicitly stated otherwise in another agreement.

11.2 WAIVERS
If either party fails to exercise any right or provision under these Terms, it does not waive the right to exercise it in the future. Any waiver of a provision in these Terms will only be valid if made in writing by one of our authorized representatives. Waivers apply only to the specific instance and do not affect the enforcement of any other provisions.

11.3 ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Lucky Break regarding the use of the Service and supersede any prior communications, understandings, or agreements concerning the Service.

11.4 SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid by a court or arbitrator with appropriate jurisdiction, that provision will be modified or removed to the extent necessary, while the remaining provisions will continue in full force and effect.

11.5 ASSIGNMENTS
You may not assign or transfer these Terms or any rights under them without our prior written consent. Any attempt to do so will be void. We can assign, transfer, or delegate these Terms, or any rights or licenses hereunder, at our sole discretion. These Terms will bind and benefit both parties and their respective successors and permitted assigns.

11.6 FORCE MAJEURE
Neither party will be considered in breach of these Terms if performance is delayed or made impossible due to an event beyond the party's control, including natural disasters, war, terrorism, pandemics (such as COVID-19), strikes, labor disputes, government actions, civil unrest, accidents, or other unforeseen events.

11.7 NOTICES
We may deliver notices to you electronically via email or through the Service. Notices are deemed delivered when sent to the email address you provided. If you need to send notices to us, they must be in writing and sent by express courier to the following address:

56 Benton LLC
380 Mountain Grove Street
Bridgeport, CT 06605

11.8 ALL RIGHTS RESERVED
All rights not expressly granted to you under these Terms are reserved. We retain the right to enforce these Terms and protect our rights to the fullest extent allowed by law, including criminal prosecution where applicable.