LegacyShield, LLC (“LEGACYSHIELD”, "we," "us" or "our") is a website that allows subscribers to store information on a secure database to be released to designated individuals as instructed by the subscriber; LEGACYSHIELD also provides certain subscribers access to third-party services, which may include but are not limited to legal document assembly software and attorney referral network services (collectively, the “Services”).
“Users” of this Site and Services are either Subscribers, their Recipients or third parties designated by a subscriber as a Notifier or Authenticator, and others who may visit this Site.
1. Binding Agreement
2. Recipients: You have been designated by a Subscriber of LEGACYSHIELD to have access to the subscriber’s account (the “Account”) that the Subscriber chose to establish and to maintain certain information in as determined solely by the Subscriber. LEGACYSHIELD did not create any of the Subscriber’s information, nor did LEGACYSHIELD select you as the “Recipient”. The Subscriber made this designation and instructed LEGACYSHIELD to contact you upon a triggering event, which may include, but is not limited to, the Subscriber’s death or incapacity. The Subscriber further determined to grant to you access to the Subscriber’s information, provided that the triggering event has been confirmed by at least two of the Subscriber’s Authenticators. You understand that, following the specified triggering event and after LEGACYSHIELD has sent to you a link to the Subscriber’s Account, LEGACYSHIELD will maintain the Subscriber’s information in the Account for 13 months. THEREAFTER, THE SUBSCRIBER’S INFORMATION WILL BE DELETED AND THEREAFTER WILL NOT BE RETAINED IN ANY FORMAT BY LEGACYSHIELD.
3. Amendment and Updates to Terms and Conditions
5. Third-Party Services
6. Copyrights and Trademarks
Moreover, our Marks may not be used in connection with any product or service in any manner that is likely to cause confusion among users or in any manner that disparages or discredits us. All other trademarks, service marks, logos, trade dress and trade names not owned by us that appear on this Site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by us.
7. Infringing Material
If you believe that any content or materials on the Site infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below:
Daniel Pierson, Founder & Chairman
822 North A1A, Suite 310
Ponte Vedra Beach, FL 32082
The Digital Millennium Copyright Act requires that such notification must be in writing and include all of the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the material that is claimed to have been infringed or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works on the Site.
(iii) 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 LEGACYSHIELD to locate the material.
(iv) Information reasonably sufficient to permit LEGACYSHIELD to contact the complaining party, such as an address, telephone number and if, available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has 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.
(vi) 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 being infringed.
8. Licenses and Permissions
9. Third-Party Content on the Site
We distribute certain content supplied by third parties (“Third-Party Content”) on the Site, including without limitation descriptions of services and goods provided to us by third-party providers, merchants, sponsors and licensors as well as content provided by Users of the Site. We do not have editorial control over such Third-Party Content. Any opinions, advice, statements, goods, services, offers, or other information that constitutes part of the Third-Party Content expressed or made available by third parties, including providers, merchants, sponsors, licensors, the Subscriber and other Site users, are those of the respective authors or distributors and not of ours or those of our affiliates or any of our respective officers, directors, members, managers, shareholders, employees, or agents. NEITHER WE NOR OUR ASSOCIATES (as defined below) NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT.
In many instances, the Third-Party Content available through the Site represents the opinions and judgments of the respective provider, merchant, sponsor, licensor, subscriber or other Site user, whether or not under contract with us. We neither endorse nor are we responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Site by anyone other than one of our authorized personnel or employees. Under no circumstances shall we; our Associates; or any of our respective officers, directors, members, managers, shareholders, employees, or agents be liable for any loss or damage caused by your reliance on any Third-Party Content or other information obtained through the Site and our Services. It is your responsibility to evaluate the information, opinion, advice, or other Third-Party Content available through the Site and our Services.
10. User Submissions
Subscribers will be providing to us certain information and content to be maintained in our database, pursuant to the Subscriber’s Subscription Agreement.
The Subscriber acknowledges that he/she is solely responsible for the content and information the Subscriber provides to us (“Subscriber’s Content”) (including, without limitation, its accuracy, quality, legality, and reliability) and the Subscriber’s use of our Services, including the Subscriber’s Recipient’s access to the Subscriber’s Content as provided in the Subscription Agreement and as instructed by the Subscriber. The Subscriber represents and covenants that the Subscriber is the owner of the Subscriber’s Content, and we have no ownership rights with respect to the Subscriber’s Content. The Subscriber covenants that he/she will not submit or post any content protected by copyright or other intellectual property rights without the express permission of the owner of such content. By submitting or posting the Subscriber’s Content, the Subscriber represents and covenants that the Subscriber has the right to submit such content to us and the right to allow the Subscriber’s Recipient access to the Subscriber’s Content through use of the Site and the Services.
We do not claim ownership of any Subscriber’s Content that subscribers submit to LEGACYSHIELD to maintain in our database pursuant to the Subscription Agreement in any manner and through any means whatsoever.
However, with respect to all such Subscriber’s Content, the Subscriber expressly authorizes us to allow the Subscriber’s Recipient access to the Subscriber’s Content without any obligation on our part to independently verify the credentials and/or contact information for each Recipient other than those provided by the Subscriber to us. The Subscriber further expressly consents to our facilitating the notification of the Subscriber’s Recipients regarding benefits that may be due the Subscriber’s beneficiaries or other third parties pursuant to and under the insurance policies that are entered into our database in accordance with the Subscriber’s Subscription Agreement.
If you submit to our Site any feedback, suggestions or other comments regarding the Services, (collectively, "User Submissions"), you grant to us and our Associates the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit such User Submissions in any manner, including on the Site or any other web sites, and in any other medium now known or later developed without your consent. You also warrant that you own or otherwise control all of the rights to any User Submissions you submit or otherwise transmit to us and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third party. You acknowledge that you are not entitled now or in the future to any compensation for any User Submissions you may submit, and you waive the benefits of any provisions of law known as "droit moral" (moral rights) or any similar laws.
No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentiality. Neither we; nor our Associates; nor our respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Submissions.
You; your Recipients; and your heirs, legal representatives, successors and assigns hereby waive any and all rights and remedies you may have against us; our Associates; or any of our respective officers, directors, members, managers, shareholders, employees, or agents now or in the future and hereby release us; our Associates; and any of our respective officers, directors, members, managers, shareholders, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind (collectively, "Claims") relating to providing or transmitting the User Submissions, including without limitation our allowing Recipients access to the Subscriber’s Content per the Subscriber’s directives or our receiving, evaluating, and utilizing the User Submissions.
You further agree to indemnify and hold harmless us; our Associates; and any of our respective officers, directors, members, managers, shareholders, employees and agents from and against any and all Claims, including, without limitation, Claims that any User Submissions and/or the Subscriber’s Content misappropriate or infringe upon the intellectual property and/or proprietary rights of any third party and reasonable attorneys' fees and expenses, which result or arise from, or are based on (i) our receipt or storage or access to or by a Subscriber’s Recipients of the Subscriber’s Content as instructed by the Subscriber or (ii) evaluation or use of User Submissions by us or our Associates.
Except as provided in the Section “LEGACYSHIELD’s Rights,” we will not review the Subscriber’s Content before we store same into our database to be accessed by the Subscriber’s Recipients. We expressly disclaim any liability for such Subscriber’s Content.
11. Non-Subscriber Visitors
We reserve the right to deny you access to the Site. However, we have no independent obligation to verify your credentials or contact information as a “Notifier,” “Authenticator” or “Recipient” beyond the credentials or contact information provided by the Subscriber. By accessing the Site and the Subscriber’s Account, the Recipient expressly acknowledges and accepts that LEGACYSHIELD did not create the Subscriber’s Content, nor did LEGACYSHIELD review the Subscriber’s Content. By accepting the link to the Site, the Recipient (i) represents that he/she is the Subscriber’s intended Recipient and (ii) waives and releases LEGACYSHIELD from any liability or responsibility for any Subscriber’s Content and any claims that may arise from the Subscriber’s Content. Further, the Recipient also has full responsibility for any use the Recipient makes of the Subscriber’s Content including without limitation the Recipient’s release or decision not to release or act on any of the Subscriber’s Content.
12. LEGACYSHIELD’s Rights
13. Compliance with Laws and Export Regulations
You agree to use the Site and Services in compliance with all applicable laws, rules and regulations and in a manner that does not, in our sole judgment, negatively reflect on the goodwill or reputation of us or any of our Associates.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content, including without limitation any Third-Party Content, the Subscriber’s Content, or any content that we may post, or content otherwise derived from the Site to either a foreign national or a foreign destination in violation of such laws.
You represent, warrant and covenant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
14. Associate Web Sites
15. Links from This Site
16. Linking to This Site
Creating or maintaining any link from another site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
Without limiting the foregoing, you understand and acknowledge that we gather information regarding triggering events from third-party sources. Although we believe these sources to be reliable and accurate, from time to time, we receive incorrect reports, and Subscribers, Subscribers’ Authenticators and Subscribers’ Recipients may be mistakenly notified of a triggering event. We assume no liability for such false reports, and you expressly agree hereby, on behalf of yourself and your Recipients, Authenticators, Notifiers (as to a Subscriber), heirs, executors, beneficiaries, legal representatives and assigns, to the fullest extent permitted by law, to release us from any and all claims asserted against LEGACYSHIELD as a result of or related to any such false reports and notifications.
You further agree on behalf of yourself and your Recipients, Notifiers, and Authenticators (as to a Subscriber) to indemnify and hold us harmless from any and all claims asserted by you or your Notifiers, Authenticators, Recipients (as a Subscriber), heirs, executors, beneficiaries, legal representatives, and/or any other third parties, arising from or related to any such false report, whether for mental anguish, loss of anticipated monies, whether sounding in tort, or any other basis for such claim.
18. DISCLAIMERS AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. NEITHER WE NOR OUR ASSOCIATES WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR ANY OF OUR ASSOCIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE DESCRIBED ON THE SITE.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, OUR SITE, OUR SERVICES, OUR INFORMATION AND CONTENT PROVIDED AND/OR MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS-IS," “AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE, THE INFORMATION CONTAINED ON THIS SITE, THE SUBSCRIBER’S CONTENT PROVIDED AND/OR ACCESSED AS INSTRUCTED BY A SUBSCRIBER, AND ANY SERVICE DESCRIPTIONS ON THE SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY US OR ASSSOCIATES SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING OUR SITE OR OUR INFORMATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST BENEFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR SITE OR INFORMATION, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION, SERVICES AND/OR SUBSCRIBER’S CONTENT OBTAINED OR REVIEWED FROM OR ON OUR SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INFORMATION, AND SERVICES THAT ARE AVAILABLE THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION SUBSCRIBER’S CONTENT.
WE DO NOT WARRANT THAT THE MATERIALS, INFORMATION, OR CONTENT INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, CURRENT OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICE IS SOLELY AT YOUR RISK.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES, SO, IF AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU.
19. Governing Law; Jurisdiction; Waiver of Jury Trial
20. Site Policies, Modification, and Severability
21. Headings; No Waiver
22. Complete Agreement
23. Contact Information
Last Updated: January 5, 2017