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Terms of Use

LifeLegacy – Terms of Use

LifeLegacy Technologies Inc. (“LifeLegacy”) makes life insurance, annuities, form wills, and planned giving simpler for people and nonprofits. These Terms of Use (the “Terms”) outline the rules and expectations that protect both you and LifeLegacy. Our goal is to keep them simple and easy to understand. If there’s something you’re not sure about, please reach out to us.

By accessing or using any website or service made available by LifeLegacy Technologies Inc., you acknowledge that you have read and agree to be bound by these terms of service. You agree that by using these services (i) that you are at least 18 years of age and legally able to enter into a contract; (ii) that you agree to be bound by all applicable laws and regulations. It is your responsibility to review these terms of service periodically. If at any time you find these terms of service unacceptable or if you do not agree to these terms of service, please do not access the services provided by LifeLegacy.

These general terms require arbitration on an individual basis, rather than jury trials or class actions, and also describe the specific remedies available to you. Please see section 17 to learn more.

  1. Terminology
    1. The following meanings apply in these terms of service: “Site” refers to any website made available by LifeLegacy Technologies Inc. “Services” refers to the Site and all services provided by LifeLegacy Technologies Inc. “LifeLegacy”, “we”, “us” and “our” refer to LifeLegacy Technologies Inc. and its employees, consultants, officers, directors, or agents (the “Representatives”). “User,” “you” and “your” refer to each customer, visitor or user of any Services. If you access or use the Services on behalf of a company, organization, or other entity, then (a) “you” and “your” also refers to that entity, (b) you represent and warrant that you are a Representative of the entity with the authority to bind it to these terms of service, and (c) you agree to these terms of service on the entity’s behalf.
  2. Legal Disclaimer

    1. LifeLegacy is not a law firm and may not perform services performed by an attorney. LifeLegacy, its Services, and its forms or templates are not substitutes for the advice of an attorney and if you need legal advice for your specific matter, or if your matter is too complex to be addressed by our tools, you should consult a licensed attorney in your area. At no time is an attorney-client relationship or any other special relationship created between you and LifeLegacy or any person associated with LifeLegacy, and any information you provide us is not protected by attorney-client privilege or as work product. You are and will be representing yourself in any matter you undertake using the Services, unless you retain your own attorney who agrees to a representation arrangement that includes matters you undertake using the Services. 
    2. We provide online tools and “self help” materials to assist you with the preparation, execution and storage of your own documents and related information. The self help document templates and other materials available through the Services, including any descriptions, information and other help resources (collectively, the “Document Materials”) are for self help and informational purposes only; they are not legal advice and are not guaranteed to be correct, complete or up-to-date. We do not review the Document Materials or any information you input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your particular situation. You understand and agree that our providing of the Services to you is neither legal advice nor the practice of law, and that the Document Materials are not customized to your particular needs.
  3. Insurance Products
    1. Our Services are offered through our licensed insurance producer entity, Life Legacy Technologies Inc. LifeLegacy is not an insurance carrier. Rather, we provide the products and services of our admitted insurance carrier partners licensed to sell insurance in your state. Not all products are available in all states. LifeLegacy is paid commissions and may receive other performance-based compensation for its services. 
    2. LifeLegacy Technologies, Inc is partnered with providers to offer term policies in New York (policy form # MN-26) that are issued by Allianz Life Insurance Company of New York, NY. Term policies are issued in all other states and DC by Allianz Life Insurance Company of North America, Minneapolis, MN (Policy form # ICC20P-AZ100 and # P-AZ100) and Fidelity Security Life Insurance Company®, Kansas City, MO (policy form No. ICC17-M-1069, M-1069, and policy No. TL-146). Only Allianz Life Insurance Company of New York is authorized to offer life insurance in the state of New York. Life Legacy Technologies, Inc is partnered with Vantis Life Insurance Company (Vantis Life), Windsor CT, to provide whole life insurance in all states except California, Delaware, Florida, Montana, South Dakota, and North Dakota. LifeLegacy Technologies, Inc is partnered with providers that offer final expense whole life insurance policies through Patriot Insurance Company, Yarmouth ME, in the following states: Alabama, Georgia, Illinois, Kentucky, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, and Wisconsin. LifeLegacy is partnered with Canvas Insurance Agency LLC to provide Future Fund and Flex Fund annuity products (forms ICC20-PLICA-CANVAS, ICC20-PLICA-CANVAS-ROP). Annuity contracts and features may vary by state and may not be available in all states, including New York. LifeLegacy Technologies, Inc does not provide any legal, tax, or financial planning advice. For legal, tax, or financial planning advice concerning your specific situation, please consult an attorney, tax professional, or certified financial planner.
    3. LifeLegacy does not provide any legal, regulatory, accounting, or tax advice, and you must rely upon your own advisors before making any financial decision.
    4. Our site is provided for use only by persons located in the United States. Our site may not be appropriate or available for use outside of the United States, and access from certain locations may be unlawful. Using or exporting the materials on our site in violation of U.S. export laws and regulations is prohibited. If you access our site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws. By offering our site and information, products or services, via our sites, no solicitation is made to any person to use our site or such information, products or services in jurisdictions where the provision of our site and such information, products or services is prohibited.
  4. User Account
    1. Certain parts of the Services require that you have a User Account. You are responsible for all activity that happens on or through your User Account. You are responsible for keeping your User Account password confidential. You may not access or use another person’s User Account. LifeLegacy is not liable for any harm you incur as a result of another person’s use of your User Account. You may be held liable for any harm LifeLegacy incurs as a result of another person’s use of your User Account.
  5. Prohibited Activities
    1. You agree not to harm the Services and not to access or use the Services to harm others, including LifeLegacy. For example, you must not engage in any activity or transmit any information that, in our sole discretion: (i) accesses or uses the Services in a manner that is harmful, threatening, harassing, or otherwise objectionable to others; (ii) violates any law or regulation; (iii) improperly impersonates others or misrepresents or conceals your identity or your affiliation with others; (iv) solicits, accesses, discloses, or uses the sensitive information (includes personally identifiable information, User Account, confidential information, or other proprietary or valuable information) of others either without their permission or in an otherwise objectionable manner; (v) violates or infringes the Intellectual Property Rights (as defined below) or other proprietary rights of others; (vi) circumvents or otherwise interferes with security, access or usage restrictions, or other measures employed to control, restrict, or prevent access to the Services or other information contained on or obtained from or through the Services; (vii) damages, disables, interferes with, overburdens, or otherwise impairs the Services or any computer software or hardware or electronic communications equipment; (viii) uses any content or other information contained on or obtained from or through the Services, except as provided for in these terms of service or with our prior written permission; (ix) copies or modifies the Services or otherwise affects the display of the Services as provided by LifeLegacy or distributes, sells, leases, or makes any portion of the Services available for access by third parties in any manner other than as provided by LifeLegacy; (x) uses automated or any other unauthorized means to modify, reroute, access, or use the Services; (xi) reverse engineers or otherwise attempts to derive source code of the Services, unless laws prohibit those restrictions or you have our prior written permission; (xii) is in connection with any effort to (a) develop or operate a product or service that is competitive with the Services or that uses ideas, features, functions, or graphics similar to those of the Services, or (b) copy ideas, features, functions, or graphics of the Services; (xiii) accesses or uses the Site or Services for unauthorized advertising, marketing, or communication or for other unauthorized commercial purposes; (xiv) violates these terms of service; (xv) attempts any of the foregoing or assists, permits, or encourages others to do or attempt any of the foregoing.
  6. Termination and Suspension of Services and Features
    1. We may, without prior notice, change the Services, stop providing the Services or features of the Services, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services for any reason, without notice and with no liability of any kind, including if in our sole determination you violate any provision of these terms of service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these terms of service. Any data, account history and account content residing on the servers running the Services may be deleted, altered, moved or transferred at any time for any reason in LifeLegacy’s sole discretion, with or without notice and with no liability of any kind. LifeLegacy does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the servers running the Services
  7. User Interaction and User Content
    1. You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes and interactions between you and other users. LifeLegacy shall have no liability for your interactions with other users, or for any user’s action or inaction.
    2. Some areas of the Services may allow users to post content such as profile or transaction information, comments, questions, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on the Services “User Content”). You retain ownership of your User Content.
    3. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. You acknowledge and agree that any User Content that you post may be displayed and disclosed to other users as permitted through the functionality of the Services. LifeLegacy reserves the right, but is not obligated, to edit, remove, re-categorize, pre-screen, reject and/or otherwise modify any User Content that LifeLegacy believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
    4. For the purposes of this terms of service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
    5. Your User Content and LifeLegacy’s use thereof as contemplated by these terms of service and the Services shall not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
    6. LifeLegacy may exercise the rights to your User Content granted under this terms of service without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
    7. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
    8. LifeLegacy takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that LifeLegacy shall not be liable for any damages you may incur as a result of User Content.
  8. Limited License
    1. Subject to your compliance with the terms and conditions of this terms of service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as designed for your own personal use. LifeLegacy reserves all rights not expressly granted herein in the Services and the LifeLegacy Content (as defined below). LifeLegacy may terminate this license at any time for any reason or no reason. Any forms or Services may not be sold or redistributed without the express written consent of LifeLegacy.
  9. Site Content
    1. Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “LifeLegacy Content”), and all Intellectual Property Rights related thereto, are the exclusive property of LifeLegacy and its licensors. Except as explicitly provided herein, nothing in this terms of service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the LifeLegacy Content or materials on the Services for any purpose not expressly permitted by this terms of service is strictly prohibited.
    2. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place LifeLegacy under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, LifeLegacy does not waive any rights to use similar or related ideas previously known to LifeLegacy, or developed by its employees, or obtained from sources other than you.
  10. Terms of Sale
    1. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. LifeLegacy may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. You authorize LifeLegacy to charge your credit card for all fees and charges incurred in connection with your use of the Services, including LifeLegacy’s fees, government fees, registered agent and other third party fees.
    2. If you register with us, you may cancel your account at any time; however, there are no refunds for cancellation. In the event that LifeLegacy suspends or terminates your account or this terms of service, you understand and agree that you shall receive no refund or exchange for any LifeLegacy Content, any unused time or service on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
    3. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
  11. Confidential Information
    1. We care about the privacy of our Users. You can view our privacy policy at www.lifelegacy.io/site/privacy.
    2. “Confidential Information” means (a) for LifeLegacy, the Services and information and data related to the Services, (b) for you, your User Content, (c) and information designated by the party disclosing Confidential Information (“Disclosing Party”) as confidential when it is disclosed (and in the case of oral disclosures, summarized in a writing delivered to the party receiving Confidential Information (“Recipient”) within thirty days of the initial disclosure) or that, due to the nature of the information, Recipient would clearly understand it to be confidential information of the Disclosing Party. Confidential Information shall not include information that: (i) was or becomes generally known to the public through no fault or breach of these terms of service by Recipient; (ii) was rightfully in Recipient’s possession at the time of disclosure without restriction on use or disclosure; (iii) was independently developed by Recipient without use of the Disclosing Party’s Confidential Information; or (iv) was rightfully obtained by Recipient from a third party not under a duty of confidentiality and without restriction on use or disclosure. Information you provide to LifeLegacy that is not Confidential Information (as defined below) will be treated in accordance with the LifeLegacy Privacy Policy.
    3. If Recipient is required by law to disclose the Disclosing Party’s Confidential Information, Recipient will give Disclosing Party prompt written notice before making the disclosure, unless prohibited from doing so by the legal or administrative process, and will cooperate with Disclosing Party to obtain where reasonably available an order protecting the Confidential Information from public disclosure.
    4. You consent to have your personal data collected and processed in the United States. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to LifeLegacy at your own risk.
  12. Information Sharing Services
    1. LifeLegacy collects data for its nonprofit partners through voluntary submissions from users of our wills, life insurance, beneficiary designation forms, and other estate planning products. Specifically, users will be asked if they would like to share a limited amount of information about themselves to nonprofits that they are supporting. Personal information collected through these voluntary submissions may include the following categories: name, email address, birth year, gender, and involvement with charitable causes. LifeLegacy is not responsible for any nonprofit organization’s use of this personal information. All users can opt-out of sharing basic information to the nonprofit(s) regarding their charitable gift and remain anonymous. 
    2. Our nonprofit partners may refer you to or allow you to share information with third parties that are not owned or controlled by LifeLegacy, such as collaborators, applications, websites, information, advertisers, promotions, products, services, or other resources (collectively, the “Partner Services”). LifeLegacy does not endorse or assume any responsibility for any Partner Services. You access and use Partner Services at your own risk, and you understand that these terms of service and LifeLegacy’s Privacy Policy do not apply to your use of Partner Services. You expressly relieve LifeLegacy from any and all liability arising from your use of any Partner Services. Additionally, your dealings with or use of Partner Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and those offering such Partner Services. You agree that LifeLegacy shall not be responsible for any loss or damage of any sort relating to your dealings with Partner Services.
    3. If you have used our services to share information or have otherwise consented to share information with a partner party or if you have requested any Partner Service, you agree that we may share information that you consented to share with such Partner Service or information that is necessary in order to fulfill your request for a Partner Service and that we may assist them with accessing such information and fulfilling your request. LifeLegacy only shares information that is explicitly consented to be shared by the user and will in no instance sell or share personal information to any third party without the user’s consent or knowledge.
  13. No Warranty
    1. The services are provided on an “as is” and “as available” basis. Use of the services is at your own risk. To the maximum extent permitted by applicable law, the services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. no advice or information, whether oral or written, obtained by you from LifeLegacy or through the services will create any warranty not expressly stated herein. Without limiting the foregoing, LifeLegacy and its licensors do not warrant that the content is accurate, reliable or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the services. Your use of LifeLegacy is your acknowledgment that LifeLegacy does not promise, warranty, or guarantee that no errors or omissions exist in the documents or services provided.
    2. LifeLegacy does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the LifeLegacy services or any hyperlinked website or service, and LifeLegacy will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
  14. Limitation of Liability
    1. LifeLegacy retains the exclusive right to settle, compromise, and pay, without your consent, any claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you have indemnity obligations and you agree to cooperate with our defense of these claims. You agree not to settle, without our prior written consent, any matter for which you have indemnity obligations or in which we are named [as a defendant]. We will reasonably notify you of any matter for which you have indemnity obligations.
    2. To the maximum extent permitted by applicable law, in no event shall LifeLegacy or its affiliates, licensors, or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that arise from or relate to the services. Under no circumstances will LifeLegacy be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the services or your user account or the information contained therein.
    3. To the maximum extent permitted by applicable law, LifeLegacy assumes no liability or responsibility for (i) any errors, mistakes, omissions or inaccuracies of content; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services and documents; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; (vi) any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (vii) any user content or the defamatory, offensive, or illegal conduct of any third party. LifeLegacy explicitly disclaims any and all liability and/or responsibility for any disclosure of information that may be deemed confidential by you or any third party. In no event shall LifeLegacy, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to LifeLegacy hereunder. except for LifeLegacy’s obligations with respect to your “confidential information” expressly set forth above, LifeLegacy explicitly disclaims any and all liability and/or responsibility for any disclosure of information that may be deemed confidential by you or any third party. In no event shall LifeLegacy, its affiliates, licensors, or suppliers be liable to you for any action, claim, damage, loss, liability, cost, or expense in an amount exceeding the amount you paid to LifeLegacy hereunder.
    4. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if LifeLegacy has been advised of the possibility of such damage. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
    5. To the fullest extent permitted by law, LifeLegacy’s aggregate liability to you for all claims relating to the Services, forms, or other templates shall in no event exceed the greater of $500 or the amount paid by you to LifeLegacy for the 12 months preceding the services in question.
    6. The parties expressly agree and acknowledge that the foregoing disclaimers and limitations of liability form an essential basis of the bargain between the parties.
  15. User Location
    1. The Services are controlled and operated from the United States. LifeLegacy makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States federal, state, and local laws and regulations, including import, export and re-export control laws and regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
  16. Assignability
    1. This terms of service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by LifeLegacy without restriction.
  17. Mandatory Arbitration, Waiver of Class Actions Applicable to Customers.
    1. This section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior; and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property as provided below
    2. Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action you will contact us at support@lifelegacy.io and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an Account). Except for intellectual property, you and LifeLegacy agree to use their reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation with LifeLegacy, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
    3. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided below) subject to these Terms set forth below. Specifically, all claims arising out of or relating to these Terms, the parties’ relationship with each other, and/or your use of the LifeLegacy Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
    4. Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
    5. Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover; (b) Send one copy of the Demand for Arbitration to us at: support@lifelegacy.io
    6. Fees & Costs. If your claim(s) total is less than US $5,000.00, then: (a) you may choose whether your participation in the arbitration will be conducted on the basis of documents provided to the arbitrator, through a telephonic hearing or by an in-person hearing; (b) LifeLegacy will reimburse your filing fees up to a maximum of US $1,500.00 unless the arbitrator determines that your claims are frivolous; and (c) LifeLegacy will not seek attorney’s fees and costs, unless the arbitrator determines that your claims are frivolous. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
    7. No Jury Trial. The parties understand that, absent this mandatory arbitration section, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
    8. Venue. Arbitration shall be initiated and take place in in San Francisco, California, United States, and you and LifeLegacy agree to submit to the personal jurisdiction of any federal or state court in San Francisco, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
    9. Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and LifeLegacy 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    10. Exception: Litigation of Intellectual Property. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
    11. Survival. This Mandatory Arbitration, Waiver of Class Actions section shall survive any termination of your use of the Site.
  18. Notification Procedures
    1. LifeLegacy may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by LifeLegacy in our sole discretion. LifeLegacy reserves the right to determine the form and means of providing notifications to our users. LifeLegacy is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add support@Lifelegacy.com to your email address book to help ensure you receive email notifications from us.
  19. Severability
    1. This agreement, together with any amendments and any additional agreements you may enter into with LifeLegacy in connection with the Service, shall constitute the entire agreement between you and LifeLegacy concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
    2. No waiver of any term of this terms of service shall be deemed a further or continuing waiver of such term or any other term, and LifeLegacy ’s failure to assert any right or provision under this terms of service shall not constitute a waiver of such right or provision.
  20. Modification
    1. LifeLegacy may revise this Terms of Services from time to time, and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms of Services. We encourage users to periodically review the Terms to ensure that you understand them in their entirety.

 

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