Terms of Use
Last Updated: December 12, 2012
THIS WEB SITE IS PROVIDED TO YOU AS A SERVICE BY LEGACY BY DESIGN, LLC (“LBD”). PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW). BY USING THE WEBSITE WWW.ELEGACYCONNECT.COM AND OTHER WEBSITES, APPLICATIONS, FEATURES OR CONTENT (COLLECTIVELY, THE “SITE”) OFFERED BY LBD, YOU SIGNIFY YOUR ASSENT TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, YOU DO NOT HAVE ANY RIGHT TO USE THE SITE OR SERVICES. THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME BY LBD.
1. You certify to Legacy by Design, LLC that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to access the Site and use the Services provided therein, and take full responsibility for the selection and use of the Services and access of the Site. If you are assenting to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms of Use, in which case the terms “you” or “your” shall refer to such entity. These Terms of Use are void where prohibited by law, and the right to access the Site and use the Services is revoked in such jurisdictions.
2. All written material, code, and scripts found on the Site are protected by United States Federal Copyright Law, with all rights reserved. Any modification or use of the materials on this website is a violation of LBD’s copyright and other proprietary rights. All unauthorized commercial or public use of the Site is strictly prohibited. You may not, under any circumstances, copy, reprint, post or frame such material or code in any form, nor may you host it on any website, without the explicit written permission of LBD. All trademarks, service marks, and trade names which appear on the Site or through the Services (other than those appearing in any Content posted by a third-party user (a “User”) of the Site (“User Content”)) are proprietary to LBD or third parties. You may not use or display any trademarks, service marks, or trade names owned by us or our licensors without our prior written consent. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
3. You acknowledge and agree that if you use any of the Services to contribute User Content to the Site, by posting such User Content, you hereby do and shall grant LBD a non-exclusive, worldwide, royalty-free, transferable, sub-licensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format and through any media channel and to allow others to do so. You also hereby do and shall grant each user of the Site and the Services a nonexclusive license to access your User Content through the Site and the Services and to use such User Content as permitted through the functionality of the Site and the Services and under this Agreement. You warrant, represent and agree that you have the right to grant LBD and the Site the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that:
(a) infringes, violates or otherwise interferes with any copyright, trademark or other right of another party (including, without limitation any contractual rights),
(b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it,
(c) infringes any intellectual property right of another or the privacy or publicity rights of another,
(d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party,
(e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or
(f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence.
LBD reserves the right to remove any User Content from the Site and the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if LBD is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You understand that LBD shall have the right to reformat, excerpt or translate any User Content submitted by you, that all information publicly or privately transmitted through the Site and the Services is the sole responsibility of the person from whom such information originated and the LBD will not be liable for any errors or omissions in content, and that LBD cannot guarantee the identity of any other Users with whom you may interact in the course of using the Site and the Services or the authenticity of data provided by other Users. Opinions expressed on the Site are the opinions of the authors. LBD does not assume liability for any User Content, presented on the Site. You are responsible for all User Content posted or developed under your username, including User Content contributed by a third party whom you have authorized to post User Content under your username. If you believe User Content residing on the Site or the Services infringes a copyright, please see Section 2 above.
Any use of comments, suggestions, or feedback relating to the Site or the Services (collectively “Feedback”) submitted to LBD shall become the property of LBD or its designee. LBD will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations.
4. LBD, may, in our sole discretion and at any time update, change, or discontinue this website or any portion of the Site (including these Terms of Use) without notice. As such, please visit this area each time you visit the website to keep up to date with the current Terms of Use. Your use of the Site reaffirms your continuing agreement to the then current Terms of Use.
5. Subject to these Terms of Use, LBD may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services LBD performs for you, as well as the offering of any materials displayed or performed on the Site or the Services (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”). LBD may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. LBD may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
6. The information that LBD, provides you on the Site is intended to be educational and informative. The Site is not intended to provide any tax, legal, financial planning, insurance, accounting, investment, or any other kind of professional advice or services. None of the information and material presented to you on the Site is intended to serve as the basis for any financial decision, nor does it constitute an offer to sell or a solicitation of any offer to buy or recommend any security, insurance policy, or investment strategy. As each individual’s circumstances are unique, LBD recommends that you consult with an appropriate tax or legal professional before making any decisions or taking any action based on any suggestions or information on the Site. The material presented on the Site and in the products and Services provided therein are accurate to the best of LBD’s knowledge, as of the date or dates contained therein. Such information is drawn from sources believed to be reliable, but the accuracy and completeness of the information is not guaranteed, nor in providing it, does LBD assume any liability. Please note that changing laws, fluctuating financial markets, and/or other conditions may impact the accuracy of such information. LBD, has not undertaken, assumed no duty, and is not obligated to update such information. Although LBD, attempts to be current and updated with the information it presents, LBD recommends that you verify the status of any of our information before taking action. No warranty is made by LBD regarding any information, Services, or products provided through or in connection with the Site. All information and Content (including User Content) on the Site is subject to applicable statues and regulation and furnished “as is”. Moreover, LBD hereby expressly disclaims any and all warranties, expressed or implied, including without limitation: any warranties as to the availability, accuracy, or content of information, products or Services, any warranties of merchantability or fitness for a particular purpose, title and non-infringement. LBD does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of their correctness, accuracy, reliability, or otherwise. The materials on the Site could include technical inaccuracies or typographical errors. LBD undertakes no obligation to verify or maintain the currency of such information.
LBD endeavors to maintain the Site and its operation, but is not, and cannot be, responsible for any defect that may exist in the Site or its operations. As to the operation of the Site, LBD herby expressly disclaims all warranties, expressed or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. LBD makes no warranty that: the operation of the Site will meet the User’s requirements; access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses, or other harmful components, or free of defects and errors; the results that may be obtained from the use of the Site will be accurate or reliable; or that defects will be corrected. You, as the User, assume the entire cost of all services, repairs, or corrections that may be necessary for your computer equipment and software as a result of viruses, errors, or any other problems whatsoever you may have as a result of visiting the Site.
7. The User are responsible for all of his/her activity in connection with the Services and accessing the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any LBD User. The User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. The User will not run Maillist, Listserv, any form of auto-responder, or spam on the Site or through the Services.
8. LBD has no special relationship with or fiduciary duty to any User. You acknowledge that LBD has no control over, and no duty to take any action regarding: which users gain access to the Site or Services; what Content you access via the Site or Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release LBD from all liability for your having acquired or not acquired Content through the Site. LBD is neither an agent of nor is connected with any business which a User contacts through the Site or the Services. You acknowledge that LBD does not manage or control any business that you may encounter through the Site or Services, and that LBD accepts no responsibility or liability for any act or omission by such business. You hereby waive any and all legal or equitable rights or remedies you have or may have against LBD with respect to acts and omissions by such businesses. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. LBD makes no representations concerning any Content contained in or accessed through the Site or Services, and LBD will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
9. Users of the Site may gain access from the Site or Services to third party resources or third party sites on the Internet. Third party sites or services are not within the supervision or control of LBD. Unless explicitly otherwise provided, LBD makes no representations or warranties whatsoever about any third party site or resource, and does not endorse the products or services offered by such site or resource. LBD disclaims all responsibility and liability for content on third party websites. Any transactions or activity between you and any third party site or resource is solely between you and the applicable third party, and any terms, conditions, warranties or representations associated with such activity shall be between you and them. You hereby irrevocably waive any claim against LBD with respect to such sites and resources and third party content.
10. Under no circumstance shall LBD be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages that may result (directly or indirectly) from the use of, or the inability to use, the Site or any material on the Site, whether in an action of contract, negligence, or other tortuous action, arising out of or in connection with the use or performance of the the Site or information available on the Site. LBD shall not be liable even if LBD has been advised of the possibility of such damages. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall LBD have a total liability to you for damages, losses, and causes of action (whether in contract or in tort, including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Site and/or subscribing to the Site.
11. You agree to indemnify, hold harmless, and defend LBD its members, directors, officers, employees and agents, from and against any action, cause, claim, damage, debt, demand, or liability including costs and reasonable attorney fees, asserted by any person, arising out of or related to: these Terms of Use; your use of the Site, including any date or work downloaded, transmitted, or received by you; and any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
12. As a condition to using Services, you may be required to supply the Site with certain registration information. You shall provide the Site with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your access to and use of the Site or Services. You may not (i) select or use as your username a name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your username a name that is otherwise offensive, vulgar or obscene. You shall never use another User’s account or registration information, for the Site or any third party services you access through the Site, without permission. LBD reserves the right to refuse registration of or cancel a username for the Site in its discretion. You shall be responsible for maintaining the confidentiality of your password for the Site and for all activity that occurs under your password. You hereby irrevocably authorize LBD to disclose your personally identifiable information at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena).
13. Either party may terminate the Services at any time by notifying the other party by any means. LBD may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the Terms of Use. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use the Services, access the Site and any and all Content (including User Content) will immediately cease. All Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and LBD agree that any cause of action arising out of or related to the Site or Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled by the state and federal courts located in the State of California. Use of the Site and Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
15. LBD controls and operates the Site from within the United States of America. LBD makes no representation that materials on the Site or the Services and/or Content provided for therein are appropriate or available for use in other locations. All visitors to the Site are responsible for compliance with all local laws applicable to them with respect to the content and operation of the Site.
16. You hereby warrant and represent that are in all respects qualified and competent to assent to these Terms of Use. If LBD has not specifically granted you a right under these Terms of Use, that right is reserved to LBD. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of US is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sub licensable by you except with LBD’s prior written consent. LBD may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and the User access to the Site and you do not have any authority of any kind to bind LBD in any respect whatsoever. Any notice that is required or permitted by these Terms of Use shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to legal@legacy-by-design.com when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to: Legacy by Design, LLC, 2550 Lakewest Dr., Suite 10, Chico, CA 95928 Attn: Legal. Copyright 2012 Legacy by Design, LLC. All rights reserved. Last Updated: December 2012.
