Terms & Conditions
TERMS OF SERVICE
These Terms of Service (together with Legacy Guide’s Policies, the “Terms”) govern your access and use of our website at legacyguide.com (the “Site”), and all products, information, content, services, and applications related thereto (the “Services”) by Legacy Guide, LLC (“LG,” “we,” “us,” or “our”).
Please read these Terms fully and carefully before signing up to use the Services. Use of the Services are subject to these Terms, and you agree to be bound by these Terms.
You must be at least 18 years old to access the Services. We reserve the right to change eligibility criteria at any time.
2. Registration and Permissions
To use the Services, you must sign up for an account (an “Account”). You are solely responsible for keeping your contact information associated with your Account accurate and up to date. You may only access the Services through your Account.
By submitting your confidential information through the Services (“Confidential Services), you are granting to us all rights and licenses reasonably necessary to operate the Services on your behalf. The only time we may have to disclose the content or details of your Confidential Information is when we are required to by law or in other similar circumstances.
You set permissions for sharing or disclosing your information to another person or organization (each, an “Access Party”). If you are working with an Access Party, including a financial advisor, estate attorney, or someone who provides you or to whom you provide access rights, they may be able to see certain information and have access to the Services we provide to you. By providing such access, you grant us and each designated Access Party all rights and licenses that are necessary to provide access to said Access Party.
3. Use and Responsibilities
You are solely responsible for all of information you or an Access Party posts to the Services. You promise that you have all rights to the information you post and that there will be no infringement or violation of any third party’s rights.
4. LG’s Proprietary Rights
Use, reproduction, modification, distribution or storage of any content or systems we provide for purposes other than your use of the Services is expressly prohibited without our prior written permission.
5. Fees and Billing
LG will bill any fees associated with your use of the Services plus applicable tax to the credit card you provide. By signing up for the Services, you acknowledge that the fees associated with your use of the Services will be automatically billed again on each billing date thereafter unless and until you cancel your use of and access to the Services.
You may cancel your account and/or use of and access to the Services at any time by sending an email to your Advisor requesting your account be cancelled.
7. LG Does Not Provide Professional Advice
LG DOES NOT PROVIDE PROFESSIONAL ADVICE, INCLUDING MEDICAL, LEGAL, INVESTMENT OR FINANCIAL, AND DOES NOT OWE YOU FIDUCIARY DUTIES. LG makes no representations or warranties, whether express or implied, with respect to any information or materials presented on or through the Services; and will not be liable to you under any circumstances for any decision made or action taken by you in reliance on any such content.
You shall defend, indemnify and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, content, or otherwise from your information, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
12. Limitation of Liability
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR TO YOUR ACCESS PARTIES, HEIRS, SUCCESSORS OR YOUR ESTATE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, (II) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICES, (V) LG’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM, (VI) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR INFORMATION OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT, (VII) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES OR (VIII) ANY OTHER MATTER RELATING OT THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES (HOWEVER ARISING), EVEN IF LG OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.
13. Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Denver, Colorado.
We can modify, amend, change or replace any of the terms, conditions or provisions of these Terms, or change, suspend or discontinue the Services (including without limitation the availability of any feature, database or content) at any time by replacing these Terms on the Site and by sending you a notice via email at the email address you provided. It is your responsibility to check these Terms periodically for changes, and to keep your email address current. We may also impose limits on certain features, content and information, and restrict your access to parts or all of the Services without notice or liability. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes. If you disagree with the new terms, you may stop using the Services. If you stop using the system you will need to arrange to export and delete your Confidential Information and your Account from the Services. We retain the right to delete your Confidential Information and your Account after you stop using the Services.
a. Entire Agreement. These Terms and all other LG agreements and policies expressly incorporated by reference, each as may be amended or modified by LG in accordance with its terms from time to time, together constitute the entire agreement between you and us and govern your use of the Services and supersede all prior or contemporaneous communications and agreements of any kind between you and us with respect to the Services. If any incorporated agreements or policies conflict with these Terms, these Terms shall control.
b. Force Majeure. We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failure or degradation.
c. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instances does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
d. Assignment. These Terms are personal to you, and you may not assign, transfer or sublicense any of your rights or obligations under these Terms without LG’s express prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
f. No Relationship. No agency, partnership, joint venture, fiduciary, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
g. Cancellation and Termination. You may cancel your Account and export and delete your Confidential Information at any time. LG may also suspend or terminate your Account if you violate the Terms. We may attempt to notify you before suspending or terminating your Account so that you can export or delete your Confidential Information, but we reserve the right to immediately suspend or terminate your Account in certain circumstances, such as causing harm to another user, disrupting other users’ use of the Services, or causing LG potential legal liability.
h. Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when (i) receipt is electronically confirmed, if transmitted by facsimile or email; (ii) received, if personally delivered or sent by certified or registered mail, return receipt requested; or (iii) the day after it is sent, if sent for next day delivery or recognized overnight delivery service. Electronic notices should be sent by contacting us through our contact center at https://legacyguide.com/contact/
Contact: You may contact us at the following address:
Legacy Guide, LLC
5445 DTC Parkway
Greenwood Village, CO 80111
EFFECTIVE DATE: 05/05/2018