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Terms of Service

Westlake Products, Inc. – Terms of Use and Member Subscription Agreement – September 2007

Background

Westlake Products, Inc. ("Westlake Products," “our,” “us,” or "we") provides (A) subscriptions for products and (B) web-based services (the “Services”) that allow members to earn points (“Points”) for certain activities and to utilize certain shopping, e-commerce and informational features. The Services include the Westlake Products points program, website (the “Website”), the LuckySearch search functionality and website (“LuckySearch”), and any other features, content, websites or applications offered from time to time by Westlake Products.

Acknowledgment and Acceptance.

This Terms of Use and Member Subscription Agreement ("Agreement") sets forth the legally binding terms for (A) your subscription for our products (the “Products”), and (B) your use of the Services. By subscribing for our Products or by using the Services, you agree to be bound by this Agreement and you become a "Member." The term "User" refers to a visitor to the Website who has not become a Member or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members, or make use of the Services, you must read this Agreement and indicate your acceptance during the Registration process.

Updating Your Personal Information

To update any of your personal information or to change any of your marketing preferences, you may update your personal information through the Site by logging in and accessing the “Account” area.

(A) TERMS FOR MEMBER PRODUCT SUBSCRIPTION

Payment and Recurring Payment Terms. Any online payment transactions occurring on the Site will be secured using industry standard encryption technology (e.g., Secure Sockets Layer). You are solely responsible for maintaining the secrecy of your passwords or any account information. Please be careful and responsible whenever you're online. If you post Personal Information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your Personal Information, the Company does not ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Prices and Taxes. Prices for Products are exclusive of all federal, state, local, or other government taxes, fees, or charges now in force or enacted in the future. Taxes will be indicated on the statement of purchase shown in your Account; however, if any additional such tax, fee or charge is imposed by any governmental authority on, or measured by, the transaction between Westlake Products and you, you will be responsible for such tax, fee or charge. In the event that Westlake Products is required to pay any such tax, fee, or charge at the time of sale or thereafter, you will reimburse Westlake Products therefor.

Shipment. Any stated ship date is an approximation only. In the absence of specific shipping instructions, Westlake Products will ship by the carrier of its choice. You agree to pay all transportation charges, whether billed by the carrier or Westlake Products. Unless otherwise specified, the Product will be shipped in standard commercial packaging. Products may be shipped to destinations in the Continental United States only. When special packaging is requested or, in the opinion of Westlake Products, required under the circumstances, the cost of the same, if not set forth on the statement of purchase in your Account, will be separately invoiced. Westlake Products continuously upgrades and modifies its products and services to provide customers with new and improved products and services. Westlake Products may modify or discontinue Products at any time without prior notice, and thus discrepancies between the Product you receive and the respective specification sheet may occur. However, in such a case Westlake Products will ship Products that have substantially similar or better functionality and performance. All Products contain new or equivalent-to-new parts except as expressly stated otherwise.

Delivery and Passage of Title. Delivery will be made Ex Works (Incoterms 2000). The time of delivery is the time the Product to be delivered is picked up by the carrier. Title to the Product (excluding any software, which shall remain the property of the respective licensor) shall pass to you upon shipment from Westlake Products’s facility. Loss or damage that occurs during shipping by a carrier selected by Westlake Products is Westlake Products’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility.

Returns and Exchanges. Products may be returned or exchanged only in accordance with Westlake Products’s policies and procedures then in effect.

Product Warranties. ANY WARRANTY ASSOCIATED WITH A PRODUCT MAY BE INCLUDED IN THE DOCUMENTATION PROVIDED WITH THE PRODUCT. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THE FOREGOING DOCUMENTS, THE PRODUCTS ARE PROVIDED “AS IS” AND WESTLAKE PRODUCTS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. WESTLAKE PRODUCTS DOES NOT WARRANT THAT YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD.

Resale. You agree that you are buying the Product for your own use, and not for resale. Westlake Products has separate terms and conditions governing resale transactions.

(B) YOUR USE OF THE SERVICE

This part of the Agreement includes our policy for acceptable use of the Services and Content (as defined below), your rights, obligations and restrictions regarding your use of the Services, and our Privacy Policy. In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Modifications. Westlake Products may modify the terms of this Agreement relating to the Service from time to time. Any such modification shall be effective when Westlake Products notifies you of the modification (either via email or via a pop-up at a Website visit) and you subsequently use the Website.

Eligibility. Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) your use of the Services does not violate any applicable law or regulation; (e) you are an individual, not a corporation or other business entity; and (f) you are not a Member under another name (in other words, you are limited to one Membership). You acknowledge that your participation in the Westlake Products Points Program (discussed below) is subject to all applicable laws, rules, and regulations. Westlake Products refuses to enroll any you as a Member, and may restrict, modify, or terminate your participation in the Westlake Products Points Program and/or your Membership, without liability, if you violate any law, rule, or regulation, or if your participation could violate any applicable law, rule, or regulation.

Points Program. You may receive a copy of the current Points Program Rules by emailing us at: support@luckysearch.com and reference “Request for Points Program Rules” in the subject line. The Member area section of the Website will contain a link to the current Points Program Rules.

LuckySearch. In addition to this Agreement, LuckySearch is subject to the current Sweepstakes Rules. In the event of a conflict between this Agreement and the Sweepstakes Rules, the Sweepstakes Rules shall prevail.

Earning Points. Subject to the terms and conditions hereof, if you become a Member you may earn Points for taking advantage of Point-earning opportunities on the Website, through the Services and through third party websites; responding to offers from participating advertisers and partners via email, postal mail or telephone; and/or complying with the terms of other offers or programs from Westlake Products, all as outlined in the Points Program Rules, as may be amended from time in Westlake Products’s sole discretion. Westlake Products is under no obligation to provide Members with any particular number of Point-earning opportunities or send messages to them, and Point earning ability may differ from Member to Member, even for completing the same actions. As a condition to being eligible to earn Points, you agree to comply with the terms and conditions of all Westlake Products and Westlake Products partner offers, promotions and programs at all times, and agree not to abuse the privileges of Membership by conduct which is detrimental to the interests of Westlake Products, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the Points Program Rules or intent of this Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, tampering with the Services, etc. Points will be awarded to you if and when you fulfill the conditions for such award, as determined by Westlake Products in its sole discretion.

Point Balance. Your official Point balance is determined by Westlake Products’s system, and you acknowledge that the balance displayed to you when you visit the Website may differ from your official Point balance. Westlake Products reserves the right to adjust your Point balance with award reversals for items returned or transactions not completed or cancelled.

Point Redemption. Points may be redeemed only for rewards offered at the time of redemption, and rewards are subject to change at any time without notice. Subject to the then-current Points Program Rules and to the submission by you to Westlake Products of all required documentation (which may include but is not limited to a valid Form W-9), Points may be redeemed for cash, but Westlake Products reserves the right to suspend or terminate the ability of a Member to redeem Points for cash at any time and from time to time, without notice. The number of Points required to redeem a reward may vary among Members and are subject to change at any time and from time to time, without notice. Points will be subtracted from your account once you place a redemption order and it is captured by the Westlake Products system. Once used to redeem a reward, Points will not be reinstated to your account. A pattern of placing orders followed by cancellations will be construed as purchasing fraud and could result in the termination of your Membership.

Condition to Redemption. In conjunction with spending Points for rewards, you agree to confirm that all information in your personal profile is up-to-date and accurate.

Consequences of Inactivity. Westlake Products reserves the right to cancel or disable accounts and terminate unredeemed Points in those accounts that are inactive for a period of 30 days or more. “Inactive” shall be defined as lack both of the following: (a) having no active product subscription and (b) failure to log into the Website for a period of 30 days. Westlake Products reserves the right to limit your opportunities to earn Points while you remain inactive.

Our Advertisers. Your correspondence with or participation in our advertisers’ and partners’ promotions are solely between you and the advertiser or partner. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion. You understand and acknowledge that in some cases, there may be delay in the crediting of Points for promotions of advertisers or partners due to advertiser's or partner's failure to provide necessary information to Westlake Products for such crediting of Points. Westlake Products will not be responsible or liable for the delay or failure to credit Points in such event.

Points Non-Transferable. Your right to use Points is non-transferable. Points are non-transferable and are void if transferred. Points and/or rewards may not be bartered or sold, and are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.

Independent Contractor. Nothing herein shall in any way be construed to constitute Member as an agent, employee or representative of Westlake Products. Member acknowledges and agrees that it is the responsibility of Member to determine when Member is required to report as income any value received by Member via the redemption of Points for cash or otherwise. Member agrees to and acknowledges the obligation to pay all self-employment and other taxes thereon, as required by applicable law.

Fees for Service. You acknowledge that Westlake Products reserves the right to charge for the Services and to change its fees from time to time in its discretion. If Westlake Products terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. You also acknowledge that Westlake Products reserves the right to change or discontinue the Services at any time without notice to you and Westlake Products shall not be liable to you or any third party should Westlake Products exercise its right to change or discontinue the Services.

Password and Account Information. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Westlake Products immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You agree to promptly notify us of any change in your address (mail or email) or personal profile by updating your personal information in the member area section of the Website. Your discontinued participation in the Service or failure to notify Westlake Products of any address (mail or email) or profile changes may result in the termination of Member's Membership and forfeiture of your unredeemed Points.

Consent to Receive Commercial E-mail. BY AND AS A CONDITION OF BECOMING A MEMBER, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM OR ON BEHALF OF WESTLAKE PRODUCTS, AND ACKNOWLEDGE AND AGREE THAT YOUR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY WESTLAKE PRODUCTS FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES. You may change the settings in the Member area section of the Website to discontinue receipt of email, but by doing so your Membership will be terminated and all Points will be terminated. Westlake Products reserves the right to send Members messages from time to time for which they may not be rewarded with Points. Such messages may include system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages ("Administrative Messages"), and may be sent via email or regular mail. Members cannot unsubscribe from these Administrative Messages while they are Members.

Unauthorized Use by Members. The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Westlake Products. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

Proprietary Rights in Content. Westlake Products does not claim any ownership rights in the text, files, images, photos, video, sounds, links, works of authorship, or any other materials that you post to the Services (collectively, "User Content"). After posting User Content to the Services, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By displaying or publishing ("posting") any User Content on or through the Services, you hereby grant to Westlake Products a perpetual, non-exclusive, fully-paid, royalty-free, fully sublicensable, irrevocable worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content (in whole or in part). You also permit any User to access, display, view, store and reproduce such User Content for personal use.

Without this license, Westlake Products would be unable to provide the Services. For example, without the right to modify User Content, Westlake Products would not be able to digitally compress uploaded files that Members submit or otherwise format User Content to satisfy technical requirements, and without the right to publicly perform User Content, Westlake Products could not allow Users to access files posted by Members. The license you grant to Westlake Products is non-exclusive (meaning you are free to license your User Content to anyone else in addition to Westlake Products), fully-paid and royalty-free (meaning that Westlake Products is not required to pay you for the use on the Services of the User Content that you post), sublicensable (so that Westlake Products is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), irrevocable (meaning that you may not revoke or rescind such license for any reason) and worldwide (because the Internet is and the Services may be global in reach).

You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you to or through the Services.

The Services contain content of Westlake Products or our licensors ("Our Content.") (“Our Content” and “User Content” is collectively referred to as the “Content”). Our Content is protected by copyright, trademark, patent, trade secret and other laws, and Westlake Products (or our licensors) owns and retains all rights in Our Content and the Services. Westlake Products hereby grants you a non-exclusive, non-sublicensable, nontransferable, revocable, limited license to reproduce and display Our Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services in accordance herewith. Westlake Products does not grant you any other licenses, express or implied, to the intellectual property of Westlake Products or its licensors, including to Our Content, and you may not otherwise copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any of Our Content.

Use Restrictions. You agree that you will use the Website and Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Website to upload, transmit or otherwise distribute any content that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by us; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Website; or (iv) use the Website for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Westlake Products reserves the right, but shall have no obligation, to investigate your use of the Website in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Content Posted. Without liability of any kind, Westlake Products may reject, refuse to post, or delete any Content (including private messages) that in the sole judgment of Westlake Products violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Westlake Products assumes no responsibility for monitoring the Services for inappropriate Content or conduct.

If at any time Westlake Products chooses, in its sole discretion, to monitor the Services, Westlake Products nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Services, any material or information that you transmit to other Members, and for your interactions with other Users. Westlake Products does not endorse and has no control over the Content. Content is not necessarily reviewed by Westlake Products prior to posting and does not necessarily reflect the opinions or policies of Westlake Products. Westlake Products makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users or that is transmitted by other Users to you.

Prohibited Content. Please choose carefully the information you post on the Website and that you provide to other Users.

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Westlake Products reserves the right to investigate and take appropriate legal action against anyone who, in Westlake Products's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Westlake Products: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music, video, photos or links to pirated files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person's consent.

Despite this prohibition, information provided by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we expressly disclaim any responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact Westlake Products at abuse@luckysearch.com and reference Service Abuse in the subject line.

Prohibited Activities. The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Westlake Products reserves the right to investigate and take appropriate legal action against anyone who, in Westlake Products’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; unauthorized advertising to, or solicitation of, any Member to buy or sell any products or services through the Services; covering or obscuring the banner advertisements on your personal profile page, or any page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; attempting to impersonate another Member or person; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the Services in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person; holding yourself out as sponsored by, endorsed by or affiliated with Westlake Products; use the Services for making available Content that is harmful to minors in any way; or using the Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send any notices of suspected Copyright Infringement issues to support@luckysearch.com and reference RK Express Coffee Copyright Issues in the subject line.

Disputes Among Users. You are solely responsible for your interactions with other Users. Westlake Products reserves the right, but has no obligation, to monitor disputes between you and other Users.

Privacy. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers regarding the Service. Westlake Products is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. The Website may contain links to other websites. Westlake Products is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Westlake Products. Inclusion of any linked website on the Services does not imply our approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. Westlake Products takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Westlake Products is not responsible for the conduct, whether online or offline, of any User of the Services. Westlake Products assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Westlake Products is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Westlake Products be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Westlake Products event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline.

WESTLAKE PRODUCTS MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH THE WESTLAKE PRODUCTS POINTS PROGRAM – THEY ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” AND WESTLAKE PRODUCTS EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE OR NON-INFRINGEMENT. WESTLAKE PRODUCTS MAKES NO WARRANTY THAT IT WILL MEET MEMBERS' REQUIREMENTS, OR THAT WESTLAKE PRODUCTS’S POINTS PROGRAM WILL BE UNINTERRUPTED, TIMELY, ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

(C) GENERAL

Limitation on Liability. IN NO EVENT SHALL WESTLAKE PRODUCTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE PRODUCTS OR YOUR USE OF THE SERVICES, EVEN IF WESTLAKE PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WESTLAKE PRODUCTS'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO WESTLAKE PRODUCTS FOR THE PRODUCTS AND SERVICES IN THE ONE-YEAR PERIOD PRECEDING YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

The warranty disclaimers and limitations of liability set forth in this Agreement shall apply irrespective of any failure of essential purpose of any limited remedy.

U.S. Export Controls. Any software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any Software is at your sole risk. The Product may be subject to export laws and other regulations in the United States or other countries, and you agree to comply with all such laws, regulations, or requirements as may apply to your receipt, export, or use of the Product. You agree to indemnify Westlake Products for any liability resulting from your failure to comply with applicable export laws, regulations, or requirements.

Disputes with Westlake Products. Westlake Products shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of Membership (including cancellation of Points) shall be final and binding. Westlake Products reserves the right to exercise any legal remedy to recover damages for a breach or contravention of the terms hereof. If there is any dispute about or involving the Products of the Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the City of Austin, Texas. Either Westlake Products or you may demand that any dispute between us about or involving the Services must be settled by binding arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Austin, Texas, USA, provided that the foregoing shall not prevent Westlake Products from seeking injunctive relief in a court of competent jurisdiction.

Indemnity. You agree to indemnify and hold Westlake Products, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Products or the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes Westlake Products to be liable to another.

Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions found in the Member area of the Website. Westlake Products may delete your profile and terminate your Membership at any time, without warning and without liability of any kind. Even after Membership is terminated, this Agreement will remain in effect. You understands and agree that the disabling of your Membership will result in the cancellation of your Points and thus in your inability to redeem and/or earn Points. Membership will terminate immediately in the event of a Member's death.

If your Membership is terminated for any reason, you may not create a new Membership during the six month period following such termination, and any attempt to contravene this limitation (as determined by Westlake Products in its sole discretion) will result in the immediate termination of your Membership and the automatic forfeit of any Points associated therewith.

Other. This Agreement is accepted by you upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Westlake Products regarding your subscription for the Products and your use of the Services. In the event of a conflict between this Agreement and any terms presented to you in connection with the purchase by you of any products from Westlake Products, the terms presented in connection with such purchase shall prevail. The failure of Westlake Products to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. RK Coffee and RK Express Coffee are trademarks of Westlake Products. This Agreement operates to the fullest extent permissible by law. Westlake Products may freely transfer or assign this Agreement and any of its rights or obligations hereunder. You may not transfer or assign this Agreement or any of your rights or obligations hereunder without the prior written consent of Westlake Products, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Questions. Please contact us at: support@luckysearch.com with any questions regarding this Agreement.