Terms of Use

LEGACY CAPITALS WEBSITE TERMS OF USE

Effective Date: August 2, 2016

These Terms of Use and our privacy policy govern your use of our website available at www.legacycapitals.com (the “Site”) and your purchase of goods and services offered on the Site and constitute a legally binding agreement between you and Legacy Capitals, LLC (“Legacy Capitals,” “we,” “us” or “our”); please read them carefully. BY USING THE SITE, 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 THE SITE, OUR CLIENT AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SITE.

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 Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of Legacy Capitals or its licensors, as applicable. The Site 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 Site solely for your personal, noncommercial use if you do not remove the copyright 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 the Site, 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 the Site 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 the Site:

  • 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 the Site, or which, as determined by us, may harm the Legacy Capitals or users of the Site or expose them to liability;
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Site; or
  • Otherwise attempt to interfere with the proper working of the Site.

In the event access to the Site 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 the Site 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, the Site, or access to the Site 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, the goods and/or services Legacy Capitals will provide to you are described in our online store and your order form at check out or your written agreement with us. All purchases or attempts to purchase goods through the Site 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, which is 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 the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Legacy Capitals so that it can be corrected. Information contained on the Site 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 the Site. 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 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 the Site. 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 basis. BY PURCHASING A SUBSCRIPTION 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 FEE FOR THE TERM OF THE SUBSCRIPTION. You may cancel your subscription at any time by contacting us at the address set forth below, Attn: “Subscription Cancellation”. All charges and fees for recurring subscription 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.

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 this Site. 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 this Site, you do this entirely at your own risk.

6.           Limitation of Liability and Disclaimer of Warranties

LEGACY CAPITALS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. EXCEPT AS MAY BE PROVIDED IN THE CLIENT AGREEMENT WITH REGARD TO PRODUCTS AND SERVICES PROVIDED BY LEGACY CAPITALS, THIS SITE, INCLUDING ANY CONTENT CONTAINED WITHIN IT, ANY SITERELATED SERVICE, OR PRODUCT OR SERVICE PURCHASED THROUGH THE SITE 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 THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, 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 THIS SITE 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 THE SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, 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 THE SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE IS TO STOP USING THE SITE 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 THIS SITE AND ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE SITE 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 the Site, any Content or any products or services purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.

7.           Indemnification

By using the Site, you agree to indemnify and hold us, our officers, managers, directors, employees, affiliates, agents, attorneys, 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 the Site or any products or services purchased through the Site.

8.           Dispute Resolution; Arbitration Agreement

We will try work in good faith to resolve any issue you have with Site, including products and services order or purchased through the Site, 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, the Site or any product or service ordered or purchased through the Site 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 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 the Site 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 of by the 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 the 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 the Site, our Client Agreement, constitute the entire agreement between you and us with respect to the use of the Site and Content. Your use of the Site 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 the Site 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
325 West Bridge Street #455
New Hope, PA 18938