LEGACY CAPITALS WEBSITE TERMS OF USE
Effective Date: August 27, 2022
These Terms of Use and our privacy policy govern your use of our websites available at https://www.legacycapitals.com (“Site”) and https://academy.legacycapitals.com (“Site”) and your purchase of goods and services offered on these Sites and constitute a legally binding agreement between you and Legacy Capitals, LLC (“Legacy Capitals,” “we,” “us” or “our”); please read them carefully. BY USING THESE SITES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, OUR PRIVACY POLICY AND, IF YOU PURCHASE OR ATTEMPT TO PURCHASE PRODUCTS AND SERVICES FROM US THROUGH THESE SITES, OUR CLIENT AGREEMENT AND OUR LICENSE AND CERTIFICATION AGREEMENT(S) (presented during the check-out process or can be requested by sending a letter to the address below). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THESE SITES.
Binding Arbitration. These Terms of Use provide that all disputes between you and Legacy Capitals will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled, “Dispute Resolution; Arbitration Agreement” for the details regarding your agreement to arbitrate any disputes with Legacy Capitals.
1. Copyright and Trademark Information
The Sites, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on these Sites (collectively, the “Content”) are the property of Legacy Capitals or its licensors, as applicable. These Sites and Contents are protected by United States and international copyright and trademark laws. The Content may NOT be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Legacy Capitals. All rights not expressly granted herein are reserved to us and our licensors.
2. Use of Legacy Capitals Content; Security and Restrictions
We authorize you to view or download the Content on the Sites solely for your personal, noncommercial use if you do not remove the copyright, “powered by Legacy Capitals”, and other proprietary rights notices which are contained in the Content. You may not copy, distribute, modify, create derivative works of, reproduce, publish or use, in whole or in part, any Content except for purposes explicitly authorized by these Terms of Use or approved in writing by Legacy Capitals. Content and features are subject to change or termination without notice in our editorial discretion.
You are prohibited from violating or attempting to violate the security of these Sites, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using these Sites or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree NOT to use these Sites:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of these Sites, or which, as determined by us, may harm the Legacy Capitals or users of these Sites or expose them to liability;
- Use these Sites in any manner that could disable, overburden, damage, or impair these Sites or interfere with any other party’s use of these Sites;
- Use any robot, spider or other automatic device, process or means to access these Sites for any purpose, including monitoring or copying any of the material on these Sites;
- Use any manual process to monitor or copy any of the material on these Sites or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of these Sites; or
- Otherwise attempt to interfere with the proper working of these Sites.
In the event access to these Sites or a portion thereof is limited by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Legacy Capitals. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to these Sites may be revoked by Legacy Capitals at any time with or without cause. You agree to defend, indemnify and hold Legacy Capitals harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Legacy Capitals arising out of your breach of these Terms of Use or violation of applicable law, your use of, or access to, these Sites, or access to these Sites by anyone using your user ID and password.
IF YOU VIOLATE ANY OF THESE TERMS OF USE, YOUR PERMISSION TO USE THE CONTENT AUTOMATICALLY TERMINATES AND YOU MUST IMMEDIATELY DESTROY ANY COPIES YOU HAVE MADE OF ANY PORTION OF THE CONTENT.
3. Products and Services
If you make a purchase through our online store(s), the goods and/or services Legacy Capitals will provide to you are described in our online store(s) and your order form at check out or your written agreement with us. All purchases or attempts to purchase goods through these Sites are governed by these Terms of Use. If you purchase certain services from us, such as coaching or consulting services, the sale of such services are also governed by our Client Agreement and the License and Certification Agreement(s), which are hereby incorporated into these Terms of Use by this reference.
(a) Accuracy and Integrity of Information; Colors
Although Legacy Capitals attempts to ensure the integrity and accurateness of these Sites, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of these Sites and Content thereon. It is possible that these Sites could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to these Sites by third parties. In the event that an inaccuracy arises, please inform Legacy Capitals so that it can be corrected. Information contained on these Sites may be changed or updated without notice.
We have used reasonable efforts to accurately display the image, colors and appearance of the products that are available on these Sites. However, as the actual image, appearance and colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any image, color or appearance will be accurate.
(b) Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
(c) Order Acceptance
We reserve the right, at our sole discretion, to refuse to accept or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or adherence to our fraud avoidance policies. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has already been charged, we shall promptly issue a credit to your credit or debit card account in the amount of the charge.
4. Online Payments
You can purchase products and/or services on these Sites. We accept credit and debit cards issued by U.S. banks and other payment and billing methods that may be designated by Legacy Capitals at the time of purchase. For certain professional services, we may provide separate invoice statements to you during the term of the engagement. We require payment of our statements within 30 days of the statement date. Any outstanding balance for which payment has not been received within 60 days of the statement date will begin to accrue interest charges at a rate of two points (2%) over prime. If a credit or debit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Some of our products and services may be available on a subscription/membership basis. BY PURCHASING A SUBSCRIPTION/MEMBERSHIP TO ANY OF OUR PRODUCTS AND SERVICES, YOU CONSENT TO OUR USE OF THE PAYMENT INFORMATION YOU PROVIDE FOR RECURRING PAYMENTS IN THE AMOUNT OF THE SUBSCRIPTION/MEMBERSHIP FEE FOR THE TERM OF THE SUBSCRIPTION/MEMBERSHIP. You may cancel your subscription/membership at any time by contacting us at the address set forth below, Attn: “Subscription/Membership Cancellation,” by calling 609.917.0161, or if there is a subscription/membership “cancel” function provided on these sites (e.g., in the eStore(s)). All charges and fees for recurring subscription/membership fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
IF YOU PURCHASE A SUBSCRIPTION/MEMBERSHIP YOU HAVE INSTANT ACCESS TO SOME OR ALL OF THE RESPECTIVE SUBSCRIPTION/MEMBERSHIP RESOURCES, THEREFORE, YOU WILL NOT BE ENTITLED TO A REFUND OF YOUR SUBSCRIPTION/MEMBERSHIP FEES SHOULD YOU JOIN AND THEN WISH TO LEAVE. PLEASE CONSIDER THE DETAIL OF THE SUBSCRIPTION/MEMBERSHIP CAREFULLY BEFORE PURCHASING AND GET IN TOUCH TO ASK ANY QUESTIONS ABOUT SUITABILITY. YOU WILL NOT BE ENTITLED TO A REFUND IF YOU CHANGE YOUR MIND.
We reserve all rights to cancel a subscription/membership for any reason without prior notice. In such circumstance a refund will be provided for the remainder of that month or year as applicable.
Notwithstanding any right or remedy available to us, we may cancel your Subscription/Membership with immediate effect:
- If you fail to pay your Subscription/Membership fees by the relevant due date;
- If you commit a repudiatory breach of the Terms of this agreement;
- As decided at our sole discretion from time-to-time.
We make no guarantees or claims as to the success of any subscriber/member. Each individual is unique and their abilities are unique to them.
We are not responsible for any action or inaction which you take as a result of the information within a Subscription/Membership.
We are not responsible for any loss of opportunity or any investments which you make. No content in a Subscription/Membership should be construed as insurance, accounting, legal, cash management, investment, estate planning, or other financially related licensed services advice.
We ask that all subscribers/members in a Subscription/Membership respect the rights of others in respect of their behavior and privacy. We will not be responsible for the action of any subscribers/members including for any disclosures made by any subscribers/members based on information which has been shared within a Subscription/Membership.
5. Links to Other Sites
From time to time we may provide links to third party websites and services that we think may be of interest to you. Legacy Capitals makes no representations whatsoever about any other website that you may access through these Sites. When you access a non-Legacy Capitals website, please understand that it is independent from Legacy Capitals, and that Legacy Capitals has no control over the content on that website. In addition, a link to a non-Legacy Capitals website does not mean that Legacy Capitals endorses or accepts any responsibility for the Content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to these Sites, you do this entirely at your own risk.
Any comments on our blog or social media channels are not endorsed or verified by us. We are not responsible for the comments on our Sites made by third parties. Should we become aware of comments which are likely to be distressing we will remove them from our Sites. Removal of comments does not indicate that any compensation will be awarded, it will not, comments are removed to ensure enjoyment for Sites’ users.
6. Limitation of Liability and Disclaimer of Warranties
LEGACY CAPITALS DOES NOT WARRANT THAT ACCESS TO OR USE OF THESE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THESE SITES WILL BE CORRECTED. EXCEPT AS MAY BE PROVIDED IN THE CLIENT AGREEMENT AND THE LICENSE AND CERTIFICATION AGREEMENT(S) WITH REGARD TO PRODUCTS AND SERVICES PROVIDED BY LEGACY CAPITALS, THESE SITES, INCLUDING ANY CONTENT CONTAINED WITHIN IT, ANY SITE-RELATED SERVICE, OR PRODUCT OR SERVICE PURCHASED THROUGH THESE SITES IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. LEGACY CAPITALS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THESE SITES. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR USING THESE SITES AND/OR THEIR CONTENT TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE USE OF (AND RESULTS OBTAINED FROM) THESE SITES AND/OR THEIR CONTENT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE SITES, SITE-RELATED SERVICES, AND LINKED SITES. LEGACY CAPITALS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
LEGACY CAPITALS AND ANY THIRD PARTIES MENTIONED ON THESE SITES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THESE SITES, SITE-RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THESE SITES, ANY LINKED SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THESE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THESE SITES, SITE-RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THESE SITES, ANY LINKED SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THESE SITES IS TO STOP USING THESE SITES AND/OR THOSE PRODUCTS OR SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF LEGACY CAPITALS TO YOU WITH RESPECT TO YOUR USE OF THESE SITES AND ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THESE SITES IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.
Any claims arising in connection with your use of these Sites, any Content or any products or services purchased through these Sites must be brought within one (1) year of the date of the event giving rise to such action occurring.
7. Indemnification
By using these Sites, you agree to indemnify and hold us, our founder, our officers, partners, managers, directors, employees, affiliates, agents, attorneys, independent consultants, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of these Sites or any products or services purchased through these Sites.
8. Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with these Sites, including products and services order or purchased through these Sites, if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
Any dispute or claim relating in any way to your use of the Legacy Capitals services, these Sites or any product or service ordered or purchased through these Sites will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use and the Client Agreement and The License and Certification Agreement(s) as a court would. To begin an arbitration proceeding, either party must send a letter requesting arbitration and describing the claim to the other party. If you are sending an arbitration request letter to Legacy Capitals, such letter shall be sent to the address set forth below. The arbitration will be conducted by one mutually acceptable arbitrator through the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration, if in person, will be conducted in Philadelphia, Pennsylvania. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In addition, you and Legacy Capitals each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. You and Legacy Capitals both agree that you or Legacy Capitals may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Legacy Capitals agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in the Commonwealth of Pennsylvania. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania in connection with any such claim.
9. Governing Law
All matters relating to these Sites and these Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.
10. Waiver
No waiver by Legacy Capitals of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Legacy Capitals to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
11. Severability
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12. Complete Agreement
These Terms of Use and, if you purchase products or services through these Sites, our Client Agreement and The License and Certification Agreement(s), constitute the entire agreement between you and us with respect to the use of these Sites and Content. Your use of these Sites is also subject to the Privacy Policy.
13. Effective Date and Changes to These Terms of Use
The Effective Date of these Terms of Use is set forth at the top of this webpage. We may change these Terms of Use from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms of Use. Your continued use of these Sites after the Effective Date constitutes your acceptance of the amended Terms of Use. The amended Terms of Use supersede all previous versions.
14. Survival
The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination.
15. Contact Information
Please send all questions, comments and notices regarding these Terms of Use to:
Legacy Capitals, LLC
Attn: Website Terms of Use
4657 York Road #571
Buckingham, PA 18912
