Terms of Use
AGREEMENT BETWEEN YOU (referred to as the "User" or "You") AND LEGACY ESCROW, INC. A CALIFORNIA CORPORATION AND ITS AFFILIATES (referred to as "Legacy")
This web site and any web sites, web pages, and services also operated by Legacy that are linked ("Legacy Sites") is offered to User on the condition that User accepts and agrees to abide by, without modification, all of the terms, conditions, and notices contained herein (collectively "Terms of Use") and any other terms and guidelines, if any, contained within each Legacy Site. If You do not or cannot agree with any part of the Terms of Use, You may not use or access the Legacy Site. User's use of any Legacy Site constitutes User's acceptance of, and agreement to, all such terms, conditions, and notices. In the event that any of the terms, conditions, and notices contained herein conflict with the Terms of Use or such other terms and guidelines contained within any particular Legacy Site, then the terms of use and other terms and guidelines for such other Legacy Site shall control. User agrees to review all other terms and guidelines found throughout the Legacy Sites and abide by them if User chooses to use the sites, pages, or services to which they apply.
OWNERSHIP AND USE LIMITATIONS
All information, data, text, software, music, sound, photographs, graphics, video, messages, or other material ("Content") presented to You on the Legacy Sites is owned by Legacy and various third parties. Nothing contained on the Legacy Sites grants User, by implication, estoppel, or otherwise, any license or right to use any of the Content without the written permission of Legacy or such other party that may own the Content. Any use of any of the marks appearing throughout the Legacy Sites without the express written consent of Legacy or the owner of the mark, as appropriate, is strictly prohibited.
User's sole rights of use to the Content are the right to view and print documents and graphics incorporated in the documents from any Legacy Site subject to the following: (1) the documents may be used solely for personal and informational purposes and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, User may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any software, product, services, or information from any Legacy Site, in whole or in part, without the prior written permission of Legacy or the applicable third party. Legacy reserves the right to make changes or updates to the Legacy Sites or the products or programs described on the Legacy Sites at any time without notice.
Legacy may not have the right to authorize User to download, publish, or republish any photographs, images, or audio files (the "Graphical Content") accessed through any Legacy Site. Legacy provides User with the URL or address of the owner or server of all Graphical Content. If User intends to make use of any Graphical Content accessed through any Legacy Site for commercial or noncommercial purposes (other than as part of viewing the Legacy Sites or in a printed form of the Legacy Site) User must contact the server of the Graphical Content for permission to use it.
LINKS TO THIRD PARTY SITES
Legacy has provided links and pointers to Internet sites maintained by third parties. Because Legacy has no control over such sites and resources, User acknowledges and agrees that Legacy is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites or resources. User further acknowledges and agrees that Legacy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
Legacy believes, but does not warrant or represent, that people who make information available on the Web do so with the expectation that such information will be publicly and widely available. Legacy also believes, but does not warrant or represent, that making links to publicly accessible Web pages available at this site is legally permissible and consistent with the common, customary expectations of those who make use of the Web communications media.
NO SECURITY REPRESENTATIONS OR WARRANTIES ARE MADE
Legacy cannot, and does not, make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) User might be requested to give any third party or that the site is free from viruses or other invasive and potentially damaging programs.
LIABILITY DISCLAIMER
The information, software, products, and services included on any Legacy Site or any third party site may include inaccuracies or typographical errors. Changes are periodically made to the information contained at any Legacy Site. Legacy and/or its respective suppliers may make modifications and/or changes in any Legacy Site at any time. Advice received via any Legacy Site should not be relied upon for personal, medical, legal, or financial decisions and User should consult an appropriate professional for specific advice tailored to User's situation.
LEGACY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON ANY LEGACY SITE OR ANY THIRD PARTY SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LEGACY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
LEGACY MAKES NO WARRANTY THAT (1) ANY LEGACY SITE WILL MEET USER'S REQUIREMENTS, (2) THE INFORMATION ON ANY LEGACY SITE WILL BE TIMELY OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH ANY LEGACY SITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN ANY LEGACY SITE WILL BE CORRECTED.
IN NO EVENT SHALL LEGACY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR PERFORMANCE OF ANY LEGACY SITE OR THIRD PARTY SITE; (II) THE DELAY OR INABILITY TO USE ANY LEGACY SITE OR THIRD PARTY SITE; (III) THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE; (IV) THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH ANY LEGACY SITE OR THIRD PARTY SITE, OR (IV) ANY LEGACY SITE OR THIRD PARTY SITE OR OTHERWISE ARISING OUT OF THE USE OF ANY LEGACY SITE OR THIRD PARTY SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LEGACY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF ANY LEGACY SITE OR THIRD PARTY SITE, OR WITH ANY OF THESE TERMS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUCH LEGACY SITE OR THIRD PARTY SITE.
ACCESS RESTRICTION
Legacy reserves the right to deny in its sole discretion any user access to any Legacy Site or any portion thereof without notice.
NO UNLAWFUL OR PROHIBITED USE
As a condition of User's access and use of the Legacy Sites, User will not use any Legacy Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User may not use the Legacy Sites or any services offered through such in any manner that could damage, disable, overburden, or impair any Legacy server, or the network(s) connected to any Legacy server, or interfere with any other party's use and enjoyment of any of the Legacy Sites or services thereunder. User may not attempt to gain unauthorized access to any non-public portion of the Legacy Sites for which it is not granted access, through hacking, password mining or any other means. User may not obtain or attempt to obtain access to any materials or information not intentionally made available to the public through the Legacy Sites except as authorized by Legacy.
FEEDBACK
Legacy does not want to receive confidential or proprietary information from User through the Legacy Sites unless specifically requested by Legacy and on a secure web page. Except where expressly provided otherwise by Legacy, all comments, feedback, information, or materials submitted to Legacy through or in association with any Legacy Site shall be considered non-confidential and Legacy's property. By submitting such comments, feedback, information, or materials to Legacy, User agrees to a no-charge assignment to Legacy of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Legacy shall be free to use such comments, feedback, information, or materials on an unrestricted basis.
Legacy reserves the right to communicate with registered users at various times through e-mail. Upon registering a new account with Legacy, the new account may be automatically signed up to receive various e-mails and other correspondence. Users may, in some instances, indicate preferences for receipt of some of these e-mails.
User represents and warrants that he or she is at least 18 years of age and possesses the legal right and ability to agree to these Terms of Use and to use the Legacy Sites in accordance with these Terms of Use and all other terms and conditions stated in the Legacy Sites. User agrees to be financially responsible for all use of any Legacy Site or third party site (as well as for use of User's account by others, including without limitation minors living with User). User agrees not to assign, transfer, or sublicense User's rights pursuant to these Terms of Use. User may allow other members of User's business or household to use any Legacy Site or third party site under User's name or account, provided that User hereby agrees to pay all charges that they incur and to be responsible for all other aspects of their usage. User agrees to supervise all usage by minors of any Legacy Site under User's name or account.
USE OF INFORMATION
The name, address, and payment information (if applicable) that the User provides via any Legacy Site, together with information regarding the manner in which the User uses any Legacy Site, will not be processed or disclosed by Legacy except as permitted by these Terms of Use and Legacy's Privacy Policy. By being a user of any Legacy Site, User agrees that Legacy may share with other parties both aggregate information, individual information, and Locator information gathered by Legacy in the course of the User's continuing use of any Legacy Site. "Aggregate information" is information that describes the habits, usage patterns, and/or demographics of users as a group, or as a part of a group, but does not describe or reveal the identity of any user. "Individual information" is information about a user that is presented in a form distinguishable from information relating to other. "Locator information" consists of a user's name, e-mail address, physical address, and/or other data about the user that enables the recipient to personally identify the user.
INDEMNITY
As a condition of use of any Legacy Site, User agrees to indemnify, protect, defend, and hold Legacy and its suppliers harmless from and against any and all liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from: (a) User's use of any Legacy Site or (b) User's customers or others accessing or using any Legacy Site by, through, or under User, including without limitation any claims alleging facts that if true would constitute a breach by User of these Terms of Use.
MODIFICATION OF THESE TERMS OF USE
Legacy reserves the right to change these Terms of Use at any time by revising the terms and conditions herein. All changes to these Terms of Use and the Legacy Sites shall be effective immediately. User is responsible for regularly reviewing these Terms of Use. Continued use of any Legacy Site following any such changes shall constitute the User's acceptance of such changes.
USE OF ONLINE WEB COMMUNITIES
If any Legacy Site contains bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities (collectively, "Communities"), User agrees to use the Communities only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, User agrees that when using a Community, User shall not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless User owns or controls the rights thereto or has received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial purpose.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Download any file posted by another user of a Forum that User knows, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communities.
Legacy reserves the right to terminate User's access to any or all of the Communities, at any time, without notice for any reason whatsoever.
Legacy has no obligation to monitor the Communities. However, Legacy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Legacy's sole discretion.
User acknowledges that all Communities are public and not private communications; therefore, User's communications may be read by others without User's knowledge. Always use caution when giving out any personally identifying information about User or User's children in any Community. Legacy does not control or endorse the content, messages or information found in any Community and, therefore, Legacy specifically disclaims any liability with regard to the Communities and any actions resulting from User's participation in any Community. Forum managers and hosts are not authorized Legacy spokespersons, and their views do not necessarily reflect those of Legacy.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through any Legacy Site, User is granting Legacy permission to:
- Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication; and
- Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use any Legacy Site only as permitted by these Terms of Use, any additional policies or procedures published in any Legacy Site from time to time by Legacy, and in accordance with applicable law.
Legacy reserves the right for any reason to remove without notice any contents of any Legacy Site received from User, including without limitation bulletin board postings. Legacy reserves the right to deny, in its sole discretion, User access to any Legacy Site or any portion thereof without notice. Legacy reserves the right to edit any notices or postings for clarity and length.
User acknowledges that chats, conferences, bulletin boards, and any other such communications forums hosted by any Legacy Site are public and not private communications. Further, User acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by Legacy, and such communications shall not be considered reviewed, screened, or approved by Legacy.
GENERAL
Legacy reserves the right to make any and all changes or discontinue the availability of any Legacy Site at its sole discretion without notice to User. Legacy reserves the right to deny access to any Legacy Site to anyone at anytime. User agrees that Legacy will not be liable to You or to any third party for any modification, suspension, or discontinuance of any Legacy Site unless specifically stated in a written agreement with Legacy.
User's access to and use of the Legacy Sites is governed by the laws of the State of California, U.S.A. User consents to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A., in all disputes arising out of or relating to the use of the Legacy Sites. Use of the Legacy Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Legacy as a result of this Terms of Use or use of any Legacy Site. User agrees not to hold himself or herself out as a representative, agent, or employee of Legacy and Legacy shall not be liable for any representation, act, or omission of the User.
Legacy's obligations under these Terms of Use is subject to existing laws and legal process and nothing contained in these Terms of Use is in derogation of Legacy's right to comply with law enforcement requests or requirements relating to the User's use of any Legacy Site or any information provided to or gathered by Legacy with respect to such use.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
These Terms of Use constitute the entire agreement between the User and Legacy with respect to the Legacy Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Legacy with respect to the Legacy Sites, unless specifically subject to a written agreement between Legacy and User. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Legacy Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SERVICE CONTACT
Contact info@LegacyEscrowInc.com with questions or problems with any Legacy Site. Please provide the webmaster with information, including the "URL" about the specific Legacy Sites of which you are inquiring.
FOR INFORMATION REGARDING THE LEGACY PRIVACY STATEMENT, CLICK HERE
Legacy, Legacy Escrow, Inc., and other names of Legacy products and/or services referenced herein are service marks, trademarks or registered trademarks of Legacy Escrow, Inc. or its affiliated entities. Other product and company names mentioned herein may be the trademarks of their respective owners. User's use of any Legacy Site in no way authorizes User to use any Legacy name, trademark or logo.
All contents of any Legacy Site are: Copyright © Legacy Escrow, Inc. and/or its suppliers, 8295 La Mesa Blvd., La Mesa, California U.S.A. All rights reserved.