1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1 For purposes of this Agreement, a “User” is any person who accesses the Site for whatever purpose, regardless of whether the User has registered on the Site as a registered User or whether said User has paid for a specific service provided by Legend Life. A User for the purposes of this Agreement includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.3 This Agreement applies to each Service (as defined below) in addition to any terms and conditions that may be applicable to such Service provided. However, in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Service the provisions of the terms and conditions applicable to such specific Service shall prevail.
1.4 Legend Life may amend this Agreement at any time by posting the amended and restated Agreement on the Site and such Agreement shall be effective immediately at this time. A Users continued use of the Site after such posting by Legend Life shall be deemed to be acceptance of the amended terms.
2.1 Access to and use of the Site is provided to all Users free of charge. However, Legend Life reserves the right, without prior notice, to restrict access to or use of certain areas or features or functions of the Site and also future tools or services that it releases (“Services”) to paying Users or Users who undergo a specific registration and/or verification process.
2.2 Access to and use of these Services will be governed by separate agreements in addition to this Agreement.
2.3 Legend Life reserves the right in its sole discretion to restrict or deny access to its Services to any User for whatever reason
3. USERS GENERALLY
3.3 Some of the content appearing on the Site is in fact supplied or posted by third parties. Any such Content is the sole responsibility of the party who provided the content. Legend Life is not responsible for the accuracy, propriety, lawfulness or truthfulness of such Content, and shall not be liable to any User in connection with such User’s reliance of such Content.
3.5 Legend Life reserves the right to change any of the features and functions of the Site or introduce new features and functions as well as limit, deny or create different access to and use of the Site and its features and functions with respect to different Users, without prior notice.
3.6 Each User hereby agrees that in no event shall Legend Life be liable to the User or any third parties for any inability to use the Site or any of its features wholly or partially for whatever reason, or for any delays, inaccuracies, errors or omissions or any damages whatsoever arising from the use or inability to use the Site or any of its features.
3.8 Legend Life prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. Use of the Site is conditional on you agreeing that you will not use the Site to infringe the intellectual property rights or other legitimate rights of others in any way. Users who do infringe may have restrictions on their use imposed and in appropriate circumstances have their accounts suspended or terminated.
3.9 Legend Life reserves the right to suspend or terminate the account of Users without prior notice where it believes that the User’s conduct is harmful to the interests of Legend Life, its affiliates or other Users, or for any other reason in Legend Lifes sole discretion, with or without cause.
4. REGISTERED USERS
4.1 Each User who has completed their registration online on the Site by giving their personally-identifiable information is a registered user of the Site (a “Registered User”).
4.2 By becoming a Registered User, you consent to the inclusion of your information in our Central Database and authorize Legend Life to share this information with our affiliates and other Sites.
4.3 Legend Life or its affiliates may impose limitations on or suspend or terminate the use of a Registered User’s Account at any time without giving notice to the Registered User for whatever reason in its sole discretion without being liable to the Registered User.
4.4 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, to a third party without the prior written consent of Legend Life.
4.5 Notwithstanding Section 4.1 above, Legend Life may refuse registration and deny the use of the Site(s) to any User for whatever reason in its sole discretion.
5 INTELLECTUAL PROPERTY
All content and functionality on the Site, developed by Legend Life, (the “Legend Life content” ) including text, software, user interfaces, visual interfaces, graphics, logos, icons, photographs, artwork, sounds, music, video, computer codes and other audio-visual material, (collectively, “Content”) contained on the Site, including but not limited to the design, structure, coordination, selection, expression, and arrangement of such Content, is the exclusive property of Legend Life or its licensors and is protected by international copyright laws. All rights not expressly granted are reserved.
The Legend Life trademark, and related service marks, designs, and logos (collectively, the “Legend Life Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Legend Life and its licensors and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. You agree that you will not refer to or attribute any information to Legend Life or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Legend Life or its licensors.
6 COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT
Legend Life does not permit copyright infringement on the Site and will remove any infringing content if we receive notice that such content infringes on another’s intellectual property rights. Legend Life further reserves the right to terminate accounts or access to the Site in the case of repeat infringers.
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Legend Life who will in turn pass to their Copyright Agent the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• § The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• § Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• § Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• § Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• § A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• § A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the requirements set forth herein, your DMCA notice may not be valid. Notice can be submitted to Legend Life who will in turn send to their designated Copyright Agent at email@example.com.
If a counter-notice is received by the Copyright Agent, Legend Life may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Legend Life’s sole discretion.
7. DISCLAIMER OF WARRANTIES
7.1 TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, ALL FEATURES AND SERVICES ON THE SITE ARE PROVIDED “AS IS,” AND “AS AVAILABLE BASIS” WITHOUT WARRANTY OF ANY KIND AND LEGEND LIFE EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUALITY, ACCURACY, ADEQUACY, RELIABILITY OR FUNCTIONALITY.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, ALL INFORMATION AND CONTENT ON OR OBTAINED THROUGH THIS WEBSITE IS PROVIDED “AS IS,” AND “AS AVAILABLE BASIS” WITHOUT WARRANTY OF ANY KIND BY LEGEND LIFE OR ITS THIRD PARTY CONTENT SUPPLIERS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AS TO OWNERSHIP, THAT IT DOES NOT VIOLATE THIRD PARTY RIGHTS, OR OF COMPLETENESS, VALIDITY, CORRECTNESS, CURRENCY, ACCURACY, RELIABILITY, ADEQUACY OR QUALITY.
7.3 LEGEND LIFE DOES NOT REPRESENT OR WARRANTY THAT THE OFFER, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND FURTHER LEGEND LIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE
7.4 LEGEND LIFE DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY ERROR OR DEFECTS WILL BE OR CAN BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.5 FURTHER, LEGEND LIFE SOMETIMES PROVIDE LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER THE SITES, LEGEND LIFE, NOR ITS AFFILIATES OR SUPPLIERS NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, OPERATE, CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THIS SITE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THIS SITE, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
8. LIMITATION OF LIABILITY
8.1 Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material.
8.2 In no event shall Legend Life and its affiliates be held liable for any services or products offered by independent third parties and made available to Users on the Site.
8.3 Under no circumstances shall Legend Life be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or without limitation causes beyond its reasonable control.
8.4 Each User hereby agrees to indemnify and save Legend Life, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from:
1. such User’s use of the Site and the display of such User’s information on the Site; or
2. from a Users breach of any of the terms and conditions of this Agreement; or
3. from User’s breach of any representations and warranties made by the User to Legend Life, or
4. claims asserted by third parties relating to products or services offered or displayed on the Site by the User.
8.5 Each User hereby further agrees that Legend Life is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.
8.6 Legend Life shall not in any event be liable to any user or to any third party for any direct damages, or for any lost profits or savings, revenues, business opportunities or business advantages whatsoever, nor for any special, indirect, incidental, consequential, or punitive damages, indirect or incidental losses, damages or expenses directly or indirectly relating to:
1. the use or misuse of the Legend Life website, or
2. the information or content on the website, or
3. the inability to use the website, or
4. for any information published on linked web sites, contained in any user submissions published on the site, or provided by third parties, or
5. any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site; or
6. violation of Third Party Rights or claims or demands that Users’ manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
7. unauthorized access by third parties to data or private information of any User;
8. statements or conduct of any User of the Site
whether such claim is based upon breach of contract, breach of warranty, negligence, gross negligence, strict liability in tort or any other theory of relief, or whether or not Legend Life is informed in advance of the possibility of such damages or losses and regardless of the theory of liability.
8.7 If any part of this disclaimer is held to be invalid, the remaining parts will continue to be valid and enforceable.
9.1 You agree to defend, indemnify and hold harmless the Sites, Legend Life, its parent, affiliates or subsidiary companies and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) your access to or use of this Site;
(iii) your violation of any third party right, including without limitation any intellectual property right, property or privacy right; or
(iv) any claim that your use of the site or its Content caused damage to you or a third party.
10.1 Any provision of this Agreement that is or becomes illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability and will not invalidate the remaining provisions.
10.2 The failure or omission by Legend Life at any time to enforce or require strict or timely compliance with any provision of this Agreement will not affect or impair that provision, or the right of Legend Life to avail itself of the remedies it may have in respect of any breach of a provision, in any way.
10.3 No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party and no waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default nor shall the waiver of Legend Life of a breach of any provision hereof be taken or held to be a waiver of a provision itself.
10.4 Legend Life shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement and in any agreement relating to Services) to any person or entity (including any affiliates of Legend Life). The User may not assign, in whole or part, this Agreement to any person or entity.
10.5 YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.
10.7 If there is any conflict between the English version and another language version of this Agreement, the English language version shall prevail.
Effective April 15, 2019