Last updated: July 26, 2023
Life Legacy Technologies, Inc. (“LifeLegacy,” “we,” “us,” or “our”) provides services (described below) and related content to you through our website(s) located at www.lifelegacy.io and www.impactwriter.io (the “Site”). LifeLegacy is not affiliated, associated, endorsed by, or in any way connected with the Harold Grinspoon Foundation (HGF) or HGF’s Life & Legacy services.
All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of our services, you acknowledge that you are at least 18 years of age and legally able to enter a contract and have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use LifeLegacy’s site or services.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the site or our services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LIFELEGACY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Access and Use of the Service
LIFELEGACY IS NOT A LAW FIRM, FINANCIAL INSTITUTION, FINANCIAL ADVISOR, TAX ADVISOR, PROVIDER OF LEGAL OR INVESTMENT ADVICE OR SERVICES, REAL ESTATE OR INSURANCE AGENT OR BROKER, OR YOUR FIDUCIARY OR AGENT. LIFELEGACY PROVIDES ACCESS TO SOFTWARE AND SELF-HELP MATERIALS. ALTHOUGH LIFELEGACY AIMS TO ENSURE THAT ITS DIGITAL SERVICES ARE COMPLETE AND UP-TO-DATE, THEY ARE MEANT PURELY AS SELF-HELP FORMS. THE SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY, INVESTMENT ADVISOR OR ACCOUNTANT. NO ATTORNEY-CLIENT RELATIONSHIP, OR OTHER SPECIAL RELATIONSHIP, IS CREATED BETWEEN YOU AND LIFELEGACY OR ITS PARTNERS THROUGH THE USE OF LIFELEGACY. ANY AND ALL COMMUNICATIONS BETWEEN YOU AND LIFELEGACY ARE PROTECTED BY OUR PRIVACY NOTICE BUT NOT BY ATTORNEY-CLIENT PRIVILEGE OR AS ATTORNEY WORK-PRODUCT. YOU SHOULD CONSULT YOUR OWN TAX, LEGAL AND ACCOUNTING ADVISORS BEFORE ENGAGING IN ANY TRANSACTION.
LifeLegacy makes no representations, warranties, or guarantees, express or implied, regarding the accuracy, completeness, or usefulness of the information provided in our services or on our website, and we do not endorse or recommend particular third parties or their products or services. We may update the content on the Service from time to time, but certain content may not be complete or up-to-date, and we are under no obligation to update such material. Any content provided by third parties, including statements and/or opinions expressed or responses to user questions, are solely the opinions and the responsibility of the person or entity providing those materials, services, or communications and do not necessarily reflect the opinion of LifeLegacy.
Your personal financial situation is unique, and it is your responsibility to evaluate the information and content provided before making any financial decisions. Before making any financial decisions, you should also obtain additional information and advice from a qualified professional who is fully aware of your individual circumstances. We are not responsible for any financial loss you may experience, and we do not make any claims, representations, warranties, or guarantees of any financial outcome or result.
We may receive fees or other compensation, directly or indirectly, from third parties with whom you use our services through. These third parties may still charge you fees in connection with the products or services they offer.
LifeLegacy is not a law firm and does not provide any legal advice. As part of our Services, we offer self-help, “fill in the blank” forms, charitable giving tools, and online content creation services. If you use, buy or download a form or content on the Site, the Terms of Service apply. You understand that your purchase, download, and/or use of a form document, charitable giving tool, or content is neither legal advice nor the practice of law. Our Services are not substitutes for the advice of an attorney or financial advisor and if you need legal or financial advice for your specific matter, or if your matter is too complex to be addressed by our tools, you should consult a licensed attorney or financial professional in your area. At no time is an attorney-client relationship or any other special relationship created between you and LifeLegacy or any employee or other 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.
LifeLegacy provides online tools and materials to assist you with the preparation, execution and storage of your own legal documents, charitable giving, and content creation. We strive to keep the documents and other materials available through the Services, including any descriptions, information and other help resources (collectively, the “Document Materials”) current and up-to-date; however, they are not legal advice and are not guaranteed to be correct, complete or up-to-date. The law changes rapidly and is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. 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 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. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
If, prior to your use of any legal document, you believe that LifeLegacy gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you must not use these documents, and any use of these documents is done at your own risk.
YOU UNDERSTAND THAT ANY LIFELEGACY ERROR REVIEW IS AN AUTOMATED PROCESS THAT IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. IT IS ON A BEST EFFORT BASIS AND IS NOT COMPREHENSIVE. YOU AGREE TO READ THE FINAL DOCUMENT(S) BEFORE SIGNING THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
The list of philanthropic/charitable organizations displayed on the Platform and in our Services are provided as a convenience to you, and is not intended to constitute advice, endorsement or recommendations of any kind, and you assume the sole and complete responsibility to assess, review and verify the suitability of any Designated Charity that you select.
LifeLegacy does not endorse or recommend any financial institutions shown in any of our products or services and are provided as a convenience to you. By agreeing to LifeLegacy’s Terms of Service, you acknowledge that LifeLegacy does not have oversight over third party tools accessible via LifeLegacy’s platform including the stock/crypto/donation tools provided through Every.org and other third parties.
Subscriptions. LifeLegacy requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees.
General. When you purchase a subscription for the Services (“Subscription”), you expressly authorize us (or our third-party payment processor, Stripe) to charge you for such Subscription. We may ask you to supply additional information relevant to your Subscription, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Subscription, you authorize us to provide your Payment Information to third parties so we can complete the transaction related to your Subscription and to charge your payment method for the type of Subscription you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Subscription (such information is included within the definition of Payment Information). By initiating a Subscription, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Subscriptions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
(b) Subscriptions. If you purchase a Subscription, you will be charged the annual Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each year thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE LIFELEGACY TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor, Stripe) will automatically charge you each year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. No less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, LifeLegacy will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or LifeLegacy. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
(c) Canceling Your Subscription. You may cancel your Subscription for a full refund within seven (7) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction we will refund any payment you have already remitted to us for such transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to support@LifeLegacy.io. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
Free Trials. We may offer to certain qualifying users paid Subscriptions on a free trial basis (“Free Trial”) for a specified period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup. Your use of the Free Trial is subject to your compliance with such specific terms. Certain limitations may exist with respect to combining Free Trials with any other offers. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously held a paid Subscription. When you agree to a Free Trial, you are also agreeing to sign up for a paid Subscription as described above and, consequently, unless you cancel your Subscription prior to the end of your Free Trial, we (or our third party payment processor) will begin charging your payment method on a recurring annual basis for the applicable annual fee (plus any applicable taxes and other charges) at the end of the Free Trial until you cancel your Subscription. If you wish to avoid charges to your Payment Information, you must cancel your Subscription prior to midnight Eastern Time on the last day of your Free Trial period. Instructions for cancelling your subscription are stated in the section above titled “Canceling Your Subscription.”
Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” LifeLegacy does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Permissions to Your User Content. By making any User Content available through the Services you hereby grant to LifeLegacy, its licensors, and their affiliates a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license, with the right to sublicense, to use, host, store, copy, communicate, modify, create derivative works based upon, distribute, publish, publicly display, and publicly perform your User Content in connection with LifeLegacy, its licensors, and their affiliate providing, operating, securing, and improving their services.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by LifeLegacy on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content, (such as posts or comments you make), may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Your Use of Generated Content. Subject to your compliance with these Terms, LifeLegacy hereby grants you a non-exclusive, worldwide, license, with the right to sublicense, to use, copy, modify, sell, create derivative works based upon, distribute, publicly display, and publicly perform Generated Content for your lawful business purposes.
Ownership of Intellectual Property. We may make available through the Services content that is subject to intellectual property rights, including Generated Content. We and our licensors (as applicable) retain all rights to that content.
Usage Requirements, General Prohibitions, and LifeLegacy’s Enforcement Rights.
You agree that you will use the Services:
Only in a lawful manner and in compliance with all applicable laws;
In a manner that does not infringe, misappropriate, or otherwise violate any of LifeLegacy’s or its licensors’ rights or those of any other person or entity;
As it relates to Generated Content on our platform and service ImpactWriter, in a manner that is consistent with the OpenAI mission and OpenAI’s Charter, which is incorporated herein by reference, as determined by OpenAI in its sole discretion;
In a manner that does not violate these Terms, any agreement between you and anyone else or our or a third party’s rights; and
In compliance with, and you will not attempt to circumvent, any call rate limits or other restrictions that may be established by LifeLegacy or its licensors from time to time.
You further agree that you will make reasonable efforts to reduce the likelihood, severity, and scale of any societal harm caused by your use of the Services (including the use and sharing of Generated Content) by following the OpenAI API Usage Guidelines. LifeLegacy and OpenAI may request information from you regarding your efforts to reduce safety risks, and you agree to provide such information. Such information may be used to assess compliance with these Terms as well as to inform improvements to the Services (including any components thereof).
You agree not to do any of the following:
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify LifeLegacy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. LifeLegacy will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Modifications to Service: LifeLegacy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LifeLegacy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that LifeLegacy may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on LifeLegacy’s or its third-party service providers’ servers on your behalf. You agree that LifeLegacy has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that LifeLegacy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that LifeLegacy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
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.
Consent to Transact Business Electronically & Email Communication:
Consent to Transact Business Electronically: Because the Service is offered on the internet, you consent to transact business with us electronically. You agree that we may provide notices to you by electronic means, for example, by posting it on the Site, sending you an in-app message, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a message to any mobile phone number that you have provided us.
Communication with executors: With the explicit consent from the user, LifeLegacy will engage in email communications with the user’s executor(s) listed in the user’s Last Will & Testament. LifeLegacy will not contact a user’s executors unless the user explicitly consents for LifeLegacy to do so. All communications with a user’s executor(s) will be through email communications.
No employee, independent contractor, agent, or affiliate of any directly competing company is permitted to view, access, or use any portion of the Service without express written permission from LifeLegacy. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of LifeLegacy or any of its affiliates, or acting on behalf of a competitor of LifeLegacy in using or accessing the Service.
Third-Party Distribution Channels
LifeLegacy offers Software that may be made available through third party websites or channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Third-Party Services and Websites
You agree to defend, indemnify, and hold harmless LifeLegacy, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “LifeLegacy Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. You also agree to indemnify, defend, and hold harmless LifeLegacy from all losses arising from (i) incorrect, illegal, or improper record of information, data, or other documentation submitted by you in connection with the Service , (ii) all your acts and omissions of you, or (iii) your violations by you of any applicable law, rules or regulations. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any LifeLegacy Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such LifeLegacy Party. LifeLegacy will provide notice to you of any such claim, suit, or proceeding. LifeLegacy reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting LifeLegacy’s defense of such matter. You may not settle or compromise any claim against the LifeLegacy Parties without LifeLegacy’s written consent.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LifeLegacy PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LifeLegacy PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE LifeLegacy PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LifeLegacy IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and LifeLegacy are not required to arbitrate will be the state and federal courts located in Santa Clara County, and you and LifeLegacy each waive any objection to jurisdiction and venue in such courts.
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and LifeLegacy agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and LifeLegacy are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and 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. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. 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. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 16(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You agree that LifeLegacy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if LifeLegacy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. LifeLegacy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that LifeLegacy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that LifeLegacy will not be liable to you or any third party for any termination of your access to the Service.
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and LifeLegacy governing your access and use of the Service, and supersede any prior agreements between you and LifeLegacy with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and LifeLegacy submit to the personal and exclusive jurisdiction of the state and federal courts located within the state of Delaware. The failure of LifeLegacy to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of LifeLegacy, but LifeLegacy may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. LifeLegacy will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond LifeLegacy’s reasonable control.
Additional Terms: The Service may be subject to additional terms, conditions, agreements, disclosures, and schedules, which are posted on the Site or made available separately from these Terms of Service (“Additional Terms”). Your use of the Service may also be subject to additional policies, guidelines, or rules we also post or make available. Additional Terms, policies, guidelines, and rules are incorporated into and form a part of these Terms of Service. If there is a conflict between these Terms of Service and the Additional Terms, the Additional Terms will control.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at email@example.com; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD).
U.S. Government Restricted Rights
The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).
Questions or concerns?
Please contact us at support@LifeLegacy.io to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
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