LAST UPDATED JANUARY 13, 2016
Effective Date: January 13, 2016
The Operators of this Website (“We” “Us” “Operators”), provide it as a public service to You (“User” “You” “Your”) and other Users.We are a referral service site (“Site” “Website”) that permits individuals or companies to independently search Products on the Site whose information is then referred to third parties for further information with reference to a Product. By accessing the Site or using the services, website, applications, and software provided through or in connection with the Site, including through a mobile device (the “Service”) in any manner, you become a User. You acknowledge and agree that Operators are not a registered broker-dealer, financial advisor or funding portal and do not engage in any conduct that would require such registration. Operator does not provide investment advice or make recommendations.
Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If You do not agree to them, do not use the Website, provide any materials to the Website or download any materials from them.
The Operators reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, We encourage You to review these Terms and Conditions of Use whenever You use the Website.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
PERMITTED AND PROHIBITED USES
You may use the Website for the sole purpose of sharing and exchanging ideas with Us and other Users. You may not use the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations You may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your access to the Website without refund of any fees or funds paid to Operators..
The Operators note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.
The Operators do not want to receive confidential or proprietary information from You through the Website. Any material, information, or other communication You transmit or post (“Contributions”) to the Website will be considered non-confidential.
If You work for a company or at a University, it’s possible that you’re not the copyright holder of anything you make, even in your free time. Before making contributions to this site, seek written approval and/or permission from your employer or advise from counsel.
USER DISCUSSION LISTS, BLOGS AND FORUMS
The Operators may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on the Website at their discretion at any time.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.
You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, including but not limited to actions in tort, including wrongful death, and contracts, damages, costs and expenses, including reasonable attorneys’ fees and legal costs, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
These Terms and Conditions of Use are effective until terminated by either You or Us. If you no longer agree to be bound by these Terms and Conditions, You must cease use of the Website. If You are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Operators reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that You are in violation of these Terms and Conditions of Use.
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE OPERATORS’ TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
The Website is hosted in the United States. The Operators make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit the Operators’ rights with respect to such breach or any subsequent breaches. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
LINKS TO OTHER MATERIALS
The Website may contain links to sites owned or operated by independent third parties. These links are provided for Your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If You decide to access any of the third-party sites linked to by the Website, You do this entirely at Your own risk. Because some sites employ automated search results or otherwise link You to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and You hereby irrevocably waive any claim against us with respect to such sites.
APPLICABLE LAW AND JURISDICTION
You may opt-out of this agreement to arbitrate. If you do so, neither you nor Us can require the other to participate in an arbitration proceeding. To opt-out, You must notify Us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this email address to opt-out: email@example.com subject line “OPT-OUT ARBITRATION.”
You must include your name and residence address, the email address registered with Operators, and a clear statement that you want to opt-out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above are found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Operators.
DIGITAL MILLENNIUM COPYRIGHT NOTICE
We respect the intellectual property of others, and we ask you to do the same. If you or any user of our Site believes its copyright rights have been infringed on our Site, the copyright(s) owner (“Complaining Party”) should send a notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:
A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), notice of claims of copyrights infringement can be contacted by
E-mail address: firstname.lastname@example.org subject line “ATTENTION COPYRIGHT NOTICE.”
You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
Please note that this procedure is exclusively for notifying Us in the event of that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to email@example.com line “ATTENTION COPYRIGHT NOTICE.”
Effective Date: January 12, 2017
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
COLLECTION OF INFORMATION
COLLECTION OF INFORMATION: COOKIES, WEB BEACONS AND OTHER DEVICES
A “Web beacon” is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a Website or in an email which allows a Website to record the simple actions of the User opening the page that contains the beacon. “Server logs” can be either a single log file or several log files automatically created and maintained by a server of activity performed by the server, which can include information about any transaction You conduct with the server.
We may utilize the above technologies to: (1) track and report Your Personably Identifiable Information, if applicable. If You visited our Website after clicking on or through a link on another site, the affiliate company that created that link may have also placed a cookie on Your computer for this purpose; (2) conduct research to improve our content and services; (3) access Your account when You login to the Website and provide You with customized content, when applicable; and (4) require You to re-enter Your password periodically to help prevent others from accidentally accessing Your account information, when applicable.
To the extent third parties may place advertising on the Website, such third parties may utilize cookies or other technological means within the advertising to collect and utilize Non-Personally Identifiable Information. We are not responsible for information collected by third parties in this manner, nor for the collection or Use of information by other sites to which the Website is linked.
ACCESS TO INFORMATION YOU PROVIDE TO US
USE OF INFORMATION
Subject to the limitations stated in this policy, We may Use thePersonally Identifiable Information We collect from You for purposes including but not limited to the following: (1) to fulfill Your requests for certain products and services; (2) to provide You with targeted offers based on Your specific requests or Your stated preference to receive certain categories of offers; (3) to send You information and promotional materials and offers from our company as Well as from our subsidiaries, affiliates, marketing partners, advertisers, and other third parties; (4) to deliver targeted display advertisements and offers (by matching criteria provided by our advertisers with information collected from You); (5) to enable our marketing partners, advertisers, and other third parties to communicate with You; (6) to contact You when necessary; (7) to help address questions and problems with our Website or services; (8) to administer our Website; (9) to conduct internal reviews of our Website (for example, to determine the number of visitors to specific pages within the Website); (10) to help Us better understand visitors’ Use of our Website; and (11) to protect the security or integrity of our Website.
Weuse Your Personally Identifiable Information to send Your information about our company and promotional material from our advertisers and affiliated marketing companies. We may also Use Your personal, demographic and profile data to improve our site, for statistical analysis, for marketing and promotional purposes, send SMS alerts or notification, and for editorial or feedback purposes for our advertisers. Information collected by UUs may be added to our databases and Used for future SMS text-messaging, e-mails or postal mailings regarding site updates, new products and services, upcoming events and/or marketing material We feel You would be interested in. If You provide telephone information while Using this site, You are requesting telephone contact and agree that You may be contacted in any manner contemplated in this section even if Your number is found on a do not call registry, in-house list or similar registry.
Non-Personally Identifiable information may be used for these purposes as well to monitor Our Website, provide a greater online experience for visitors, identify the source of orders and obtain accurate aggregate demographic usage patterns.
We may employ or contract third parties, companies, or individuals toUse Personally Identifiable Information and Non-Personally Identifiable Information to perform certain functions or services on its behalf. Examples of these services from such third parties, companies, or individuals, may include ID verification, electronic document signing, payment storing and processing, sending postal mail and e-mail, escrow services, disbursement of funds, analyzing data, providing marketing assistance, and providing customer service. As such, these third parties, companies, or individuals may have access to Your information, including Non-Personally Identifiable Information or Personally Identifiable Information, needed to perform their functions or services, and may not Use it for other purposes.
We may also Use Personally Identifiable Information and Non-Personally Identifiable Information to help Us to carry out certain internal functions such as information management, account processing, client services, or other data collection relevant to our business; to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our Site or network; to protect and defend our rights or property or the rights or property of others; as required by courts or administrative agencies; and in connection with a financing, sale, merger, or reorganization of Our business , ownership, or assets. Any successor in interest to our business would acquire the information We maintain, including Personally Identifiable Information, and may alter the terms of this Privacy Notice.
INFORMATION THAT WILL NOT BE DISCLOSED
We will not transfer, sell, rent or in any manner communicate to anyone outside of the company, except as expressly permitted by You in advance, any product concept, new product idea or other information describing Your idea that You have submitted to Us.
We will not transfer, sell, rent or in any manner communicate to anyone outside of the company, except as expressly permitted by You in advance, any telephone numbers that You provide to Us for the purpose of contacting You or providing services to You.
We may, however, have to disclose Your information, including Non-Personally Identifiable Information or Personally Identifiable Information, to other companies or entities in the event that We may be sold or is sold to another company or entity. In that case, Your information, including Non-Personally Identifiable Information or Personally Identifiable Information, may be sold or transferred to such acquiring company or entity.
DISCLOSURE OF INFORMATION
CALIFORNIA PRIVACY RIGHTS
Under California Civil Code Section 1798.83 (known as the “Shine the Light” law), Customers of Legacy Mentor who are California residents may request certain information regarding Our disclosure of personal information during the prior calendar year to third parties for such third parties’ direct marketing purposes. To make such a request, please email at info@Legacy Mentor.co subject line “ATTENTION CALIFORNIA PRIVACY RIGHTS ADMINISTRATOR.”
We utilize reasonable security measures to protect against the loss, misuse or alteration of information placed under our control. We maintain physical, electronic, contractual, and managerial steps to safeguard and secure the information We collect from visitors to our Website. Our servers have been enabled with Secure Socket Layer (SSL) technology to prevent unauthorized parties from viewing Your non-public personal information while in transmission during a secure session.
The Site permits Users to communicate with companies and other Users posting information on the Site. We may read, collect and analyze information transmitted between Users for regulatory compliance and marketing purposes. We do not guarantee that information provided by Site visitors or third parties is accurate or complete. We assume no liability or responsibility for any errors or omissions in the content of its Site.
We may at times send You e-mail communications with information, marketing or promotional materials. If You prefer not to receive such e-mails from Us, You may unsubscribe completely by contacting Usatinfo@LegacyMentor.cosubject line “ATTENTION OPT-OUT POLICY ADMINISTRATOR.”
THIRD PARTY WEBSITES
As We continue to develop our business, We may sell or buy other businesses or entities. In such transactions, personal information may be one of the transferred business assets. Also, in the event that Legacy Mentorsells substantially all of its assets, Your personal information may be one of the transferred assets.
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this Privacy Notice at any time. Any changes or updates will be effective immediately upon posting to Legacy Mentor Site(s). You should review this Privacy Notice regularly for changes, and can determine if changes have been made by checking the Effective Data above. Your continued Use of our Site following the posting of any changes to this Privacy Notice means You accept such changes.
Please relay any questions You may have pertaining our above stated policies via email at info@LegacyMentor.cosubject line “ATTENTION ONLINEADMINISTRATOR.”
APPLICABLE LAW AND JURISDICTION
You may opt out of this agreement to arbitrate. If You do so, neither You nor Us can require the other to participate in an arbitration proceeding. To opt-out, You must notify Us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this email address to opt-out: info@LegacyMentor.cosubject line “OPT OUT ARBITRATION.”
You must include your name and residence address, the email address registered with Us, and a clear statement that You want to opt-out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above are found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Us.
We do not represent that all content, materials and services on our Website are appropriate or available for use in all geographic locations, especially some locations outside the United States, and You acknowledge that accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and We are not responsible for their compliance with local laws or other applicable laws. You agree that You will not access the foregoing where prohibited by law.
MODIFICATION AND WAIVER
No modification or waiver of this Statement of Privacy by Us will be effective unless We agree in writing. No waiver by Us will be a continuing waiver unless so stated in writing.
INTEGRATION; SEVERABILITY; GENERAL
Any provision of this Statement of Privacy which is determined to be unenforceable in any jurisdiction shall be removed from this Statement of Privacy to the minimum extent required in that jurisdiction without in any way invalidating the remaining provisions of this Statement of Privacy. In that event the arbitrator(s) and/or the court is hereby directed by the parties to replace the legally invalid provisions with legally valid provisions which will, from an economic viewpoint, most nearly and fairly approach the eliminated provisions. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction