User Agreement

Last updated: February 27, 2019

By using one or more of the LegacyShield Services, as defined below, you agree to be bound by this User Agreement ("User Agreement"), as well as the Privacy Policy and any other policies posted by LegacyShield from time to time.

It is your responsibility to review this User Agreement periodically. If, at any time, you find the terms of this User Agreement unacceptable, please stop using this Portal (defined below), and cancel your account. We may revise this User Agreement at any time. If you have any questions, please contact us at support@legacyshield.com.

1.           Certain Definitions.

  • A.           "Advisor" means (i) an employee of, or an individual independent contractor providing services to, an Enterprise or an Affiliate which purchased an Advisor MyLegacy Subscription on his or her behalf (whether or not such person actually is a licensed, professional estate planning or other type of advisor) and who is authorized to access and use the Portal, or (ii) a professional services provider who purchases a MyLegacy Subscription directly from LegacyShield.

  • B.           "Affiliate" means an entity that controls, is controlled by, or is under common control with an Enterprise, where "control" means possession, directly or indirectly, of a majority of an entity’s voting interests.

  • C.           "Client User" means an individual who accepts an Advisor’s invitation to the Portal by registering for a MyLegacy Subscription.

  • D.           "Documentation" means all documentation, whether printed or in electronic retrieval format, supplied or made available to User by LegacyShield for use with or in support of the Portal or its implementation, including without limitation any and all revisions, modifications, and updates thereof as may be supplied or made available by LegacyShield to User during the Term of this User Agreement and all copies thereof made by or on behalf of Customer.

  • E.            "Enterprise" means an entity which has purchased bundled MyLegacy Subscriptions.

  • F.            "Enterprise Agreement" means the agreement between an Enterprise and LegacyShield regarding the purchase of bundled MyLegacy Subscriptions.

  • G.           "LegacyShield Services" means the Portal, the User Account, the MyLegacy Subscription, all additional products and services provided by LegacyShield on the Portal, Marketplace Products, and any other products or services LegacyShield provides or makes available to Users through the Portal.

  • H.           "Licensed Materials" means, in the case of non-Advisor Users, the MyLegacy Subscription, and any Marketplace Products that have been purchased by or on behalf of the User or otherwise made available to the User; and in the case of Users who are Advisors, the MyLegacy Subscription, any Marketplace Products that have been purchased by or on behalf of the User or otherwise made available to the User, and the Documentation.

  • I.             "Marketplace Products" means products and services available for purchase from the marketplace within the Portal, other than the MyLegacy Subscription.

  • J.             "MyLegacy Subscription" means the license for a User to access and use the MyLegacy service through the Portal pursuant to the terms of this User Agreement. Although Marketplace Products may be provided to or purchased by the User, the User’s MyLegacy Subscription does not include such Marketplace Products.

  • K.             "Portal" means the LegacyShield website at www.legacyshield.com and the User Account functionality which allows access to the LegacyShield Services, together with any associated database structures and queries, interfaces, tools, and the like that may be provided by LegacyShield to User, together with any and all revisions, modifications, and updates thereof.

  • L.             "Referral Fee" means fees earned by an Advisor when an associated Client User purchases certain Marketplace Products.

  • M.             "User" means any Advisor or Client User.

  • N.             "User Account" refers to a User’s unique, password-protected account on the Portal.

  • O.             "User Data" means all data entered into the Portal by or on behalf of a User.

2.           Changes to User Agreement. It is our practice to post any changes we make to our User Agreement on this page with a prominent notice that the User Agreement has been updated on the Portal’s home page contemporaneously with the change becoming effective. The date the User Agreement was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and Portal and reviewing this User Agreement to check for any changes, as they are binding on you. Your continued use of any LegacyShield Service is subject to User Agreement, as revised.

3.           Changes to LegacyShield Services. LegacyShield may, from time to time, update its product and service offering and pricing. The currently available LegacyShield Services can be viewed on the Portal, along with current prices for such LegacyShield Services.

4.           Obtaining Access to LegacyShield Services. An individual may obtain access to the LegacyShield Services, and become a User under this User Agreement, in one of the following ways:

  • A.           An Advisor may either be granted a MyLegacy Subscription by an Enterprise that has purchased bundled MyLegacy Subscriptions, or may purchase an individual MyLegacy Subscription; or

  • B.           An individual who is not an Advisor may be granted a MyLegacy Subscription by an Advisor or a Client User who invites the individual to the Portal.

Once a User has established a User Account on the Portal, the User is considered to have accepted the MyLegacy Subscription. Depending on the terms of the underlying Enterprise Agreement, if any, and the terms of the User’s invitation to the Portal, the MyLegacy Subscription may also include access to certain Marketplace Products. Users may also purchase Marketplace Products. Each User must have an active MyLegacy Subscription in order to purchase or access any Marketplace Products.

5.           Terms For All Users.

  • A.           License Grant. Subject to the terms and conditions of this User Agreement, LegacyShield hereby grants to User, during the term, a limited, revocable, non-exclusive, non-transferable license to use and access the Licensed Materials. In using the Licensed Materials, User agrees that (a) it will use the Licensed Materials in accordance with such guidelines as may be set forth in this User Agreement or otherwise specified by LegacyShield; (b) the Licensed Materials are and shall remain the sole property of LegacyShield; (c) nothing in this agreement shall confer in or on User any right of ownership in the Licensed Materials; (d) it will not modify, adapt, translate, or create derivative works based upon any part of the Licensed Materials, or combine or merge any part of the Licensed Materials with or into any other software, content, or documentation except as expressly authorized by this User Agreement; (e) it will not use the Licensed Materials for any illegal or inappropriate purpose or in connection with any illegal or inappropriate activity; and (f) use of the Licensed Materials shall inure to the benefit of LegacyShield.

  • B.           No Provision of Investment, Legal or Financial Advice. USER HEREBY ACKNOWLEDGES THAT LEGACYSHIELD IS NOT PROVIDING, AND DOES NOT PURPORT TO PROVIDE, ANY INVESTMENT, LEGAL OR FINANCIAL ADVICE WHATSOEVER. USER SHALL NOT RELY ON LEGACYSHIELD TO PROVIDE ANY SUCH ADVICE OR COUNSEL. IN NO EVENT WILL USER RESPRESENT TO ANY PERSON THAT LEGACYSHIELD IS PROVIDING ANY INVESTMENT, LEGAL OR FINANCIAL ADVICE.

  • C.           No Endorsement or Recommendation of Enterprise or Advisor. USER HEREBY ACKNOWLEDGES THAT LEGACYSHIELD IS NOT IN ANY WAY ENDORSING OR RECOMMENDING ANY ENTERPRISE, ADVISORS, OR ANY ADVICE OR SERVICES PROVIDED BY ANY ENTERPRISE OR ADVISOR. IN NO EVENT WILL USER REPRESENT TO ANY PERSON THAT LEGACYSHIELD IS MAKING OR HAS MADE ANY SUCH ENDORSEMENT OR RECOMMENDATION.

  • D.           LegacyShield Services Provided “As Is”. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, EXCEPT AS EXPRESSLY SET FORTH IN THIS USER AGREEMENT, THE LEGACYSHIELD SERVICES ARE PROVIDED “AS IS” AND LEGACYSHIELD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS USER AGREEMENT, THE MYLEGACY SUBSCRIPTION, THE LEGACYSHIELD SERVICES OR THE RESULTS THAT MAY (OR MAY NOT) BE ACHIEVED BY A USER THROUGH USE OF OR ACCESS TO THE LEGACYSHIELD SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE. LEGACYSHIELD DOES NOT REPRESENT THAT THE OPERATION OF THE LEGACYSHIELD SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. USER ACKNOWLEDGES THAT LEGACYSHIELD USES A THIRD PARTY TO HOST THE LEGACYSHIELD SERVICES AND TO STORE USERS’ INFORMATION. USER SHALL NOT MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ON BEHALF OF LEGACYSHIELD OR ITS THIRD-PARTY PROVIDERS OR LICENSORS TO ANY OTHER USER OR ANY THIRD PARTY IN CONNECTION WITH THE LEGACYSHIELD SERVICES.

  • E.            Limitation of Liability. IN NO EVENT SHALL LEGACYSHIELD (OR ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH LEGACYSHIELD), OR LEGACYSHIELD’S THIRD-PARTY PROVIDERS OR LICENSORS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT OR THE LEGACYSHIELD SERVICES, WHETHER OR NOT SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL LEGACYSHIELD (OR ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH LEGACYSHIELD) BE LIABILE FOR ANY CLAIMS UNDER ANY AND ALL LEGAL THEORIES FOR AGGREGATE DAMAGES ARISING OUT OF OR RELATING TO THIS USER AGREEMENT AND THE LEGACYSHIELD SERVICES IN EXCESS OF THE AGGREGATE FEES RECEIVED BY LEGACYSHIELD FROM USER IN THE ONE-YEAR PERIOD PRIOR TO SUCH CLAIM BEING MADE.

  • F.            Term of MyLegacy Subscription. The term of the MyLegacy Subscription shall continue indefinitely, unless and until terminated pursuant to the terms of this User Agreement.

  • G.           Term of Access to Marketplace Product. The term of User’s access to a Marketplace Product that has been purchased for or provided to the User by an Enterprise will be governed by the Enterprise Agreement and invitation, as applicable, unless and until terminated pursuant to the terms of this User Agreement. The term of User’s access to a Marketplace Product purchased by the User will be governed by the terms presented at the point of purchase, unless and until terminated pursuant to the terms of this User Agreement.

  • H.           Suspension and Termination.

    • i.             Suspension for Ongoing Harm. LegacyShield may, with reasonably contemporaneous telephonic or electronic notice to the User, suspend access to LegacyShield Services if LegacyShield reasonably concludes that the User, or anyone using LegacyShield Services with the User’s credentials, is using LegacyShield Services to engage in any of the prohibited activity described in this User Agreement or activity that is causing immediate, material and ongoing harm to LegacyShield or others.

    • ii.            Termination for Cause. In the event of any material breach of this User Agreement by User, LegacyShield may terminate the User’s access to one or more Marketplace Products, and may also terminate User’s MyLegacy Subscription and this User Agreement, by giving five (5) days’ written notice thereof. The right to terminate the User’s access to LegacyShield Services and this User Agreement, except where otherwise expressly stated in this User Agreement, shall not be the exclusive remedy hereunder and shall be in addition to and not in lieu of other relief provided herein, at law and in equity.

    • iii.           Termination by User Request or for Non-Payment. User may terminate a MyLegacy Subscription or any Marketplace Product at any time by submitting a request within the User Account. User’s access to any Marketplace Product may also be terminated for non-payment of the fee for such Marketplace Product. For Marketplace Products, termination by request of the User will be effective at the end of the current billing period, provided that if the termination request is submitted less than 30 days before the end of the current billing period, the termination will be effective at the end of the following billing period.  

    • iv.           Effect of Termination of MyLegacy Subscription. Upon termination of the User’s MyLegacy Subscription or this User Agreement, the User shall have no further rights to continue to access or use the MyLegacy Subscription, the Marketplace Products, and LegacyShield is no longer responsible for disseminating any information or providing any LegacyShield Services or functionality to the User. Upon the termination of User’s MyLegacy Subscription for any reason, all licenses granted hereunder shall automatically terminate, without any further action by LegacyShield, and User shall promptly discontinue all use of the Licensed Materials, remove all references and hyperlinks on its website(s) to the Licensed Materials (if applicable), and otherwise discontinue all use of the Licensed Materials for any purpose whatsoever.

    • v.            Effect of Termination of Marketplace Product. Upon termination of any Marketplace Product, the User shall have no further rights to continue to access or use the Marketplace Product, and the license granted to User hereunder with respect to the specific terminated Marketplace Product shall automatically terminate, without any further action by LegacyShield. User shall promptly discontinue all use of the terminated Marketplace Product, remove all references and hyperlinks on its website(s) to the terminated Marketplace Product (if applicable), and otherwise discontinue all use of the terminated Marketplace Product for any purpose whatsoever. The termination of a Marketplace Product shall not affect or terminate the User’s MyLegacy Subscription.

  • I.             Logon Credentials. USERS SHALL NOT SHARE LOGON CREDENTIALS OR ATTEMPT TO ACCESS THE PORTAL WITHOUT PROVIDING VALID LOGON CREDENTIALS SPECIFIC TO SUCH INDIVIDUAL. USERS SHALL MAINTAIN THE CONFIDENTIALITY AND SECURITY OF LOGON CREDENTIALS, AND ARE SOLELY RESPONSIBLE FOR ALL USE OR MISUSE OF USER LOGON CREDENTIALS. LEGACYSHIELD SHALL NOT BE LIABLE TO ANY USER, OR TO ANY PARTY CLAIMING BY OR THROUGH USER FOR, AND USERS SHALL INDEMNIFY DEFEND, AND HOLD HARMLESS LEGACYSHIELD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY LOSSES RESULTING FROM OR RELATING TO, USER’S FAILURE TO MEET ITS OBLIGATIONS SET FORTH IN THIS PARAGRAPH OR ANY UNAUTHORIZED USE OR DISCLOSURE OF INFORMATION NOT DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LEGACYSHIELD. Any provision of this User Agreement to the contrary notwithstanding, any direction or enforcement by LegacyShield of password parameters or usage described in this paragraph, or any lack thereof, shall not give rise to any liability on the part of LegacyShield, it being the express agreement of the parties that Users shall have sole responsibility for controlling the parameters and usage of passwords by Users.

  • J.            Suggestions, Joint Efforts, and Statistical Information. User may suggest, and the parties may discover or create jointly, findings, inventions, improvements, discoveries, or ideas that LegacyShield, at its sole option, may incorporate in the Licensed Materials or in other products or services that may or may not be made available to User. Any such finding, invention, improvement, discovery, or idea, whether or not patentable, that is conceived or reduced to practice during the term of this User Agreement, whether by a party alone or by the parties jointly, arising from or related to this User Agreement or the Licensed Materials shall be and remain the sole property of LegacyShield and may be used and be sold, licensed, or otherwise provided by LegacyShield to third parties, or published or otherwise publicly disclosed, in LegacyShield’s sole discretion without notice, attribution, payment of royalties, or liability to User. User acknowledges and agrees that LegacyShield has and retains exclusive and valid ownership of all statistical information regarding a User’s use of the Application, and metadata in or de-identified versions of User Data, provided that such statistical information, metadata, and de-identified data reasonably cannot be used to identify User, an Enterprise, or any Advisor. User hereby assigns to LegacyShield any and all right, title, and interest, including without limitation copyright and patent rights, in and to any such findings, inventions, improvements, discoveries, ideas, statistical information, metadata, and de-identified data. Unless otherwise expressly agreed in writing, User shall not obtain any right, title, or interest in or to anything created or developed by LegacyShield in connection with or incident to this User Agreement other than the license expressly set forth herein.

  • K.           Payment. All purchases of LegacyShield Services, other than purchases made by Enterprises, shall be paid for at the time of purchase, by credit card or any other method that LegacyShield may enable from time to time through the Portal. Except as otherwise provided in this User Agreement or at the time of purchase, all amounts paid for any LegacyShield Service are non-refundable. The User may update credit card information at any time in the User Account.

  • L.            Ownership and Use of Data.

    • i.             Data Owned by Provider of Data. Except as explicitly provided in the applicable Enterprise Agreement, as between LegacyShield, the User, and the Enterprise associated with such User’s MyLegacy Subscription, if any, the party that provided data to LegacyShield shall be the owner of the data provided by such party, and LegacyShield shall be the owner of any data provided by any third party that is not a User or the User’s associated Enterprise.

    • ii.            License to User Data. User grants to LegacyShield a non‑exclusive, royalty‑free license during the term of this User Agreement to use User Data for purposes of (i) monitoring, improving, and correcting the performance of the Portal, developing enhancements to the Portal and new products, and other internal business purposes, (ii) compiling statistical information and metadata (including without limitation aggregating User Data with other data) that does not identify User or any Enterprise, and (iii) creating de-identified versions of User Data; provided that all such use shall comply with the Privacy Policy. User represents and warrants that (x) it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority, to grant to LegacyShield during the term of this User Agreement the license set forth in this paragraph and (y) LegacyShield’s use of User Data as provided herein will not infringe any intellectual property or proprietary right or violate any trade secret or otherwise violate any right of a third party. User shall indemnify, defend, and hold harmless LegacyShield and its directors, officers, and employees from and against any loss, cost, or liability (including without limitation reasonable attorney fees and expenses) arising from or relating to a claim of a third party with respect to a breach of the foregoing representations and warranties of User.

    • iii.           Handling of User Data upon Termination or Expiration. Following termination of a MyLegacy Subscription or any Marketplace Product for any reason, following a reasonable period of not less than forty-five (45) days, LegacyShield may delete User Data related to the terminated LegacyShield Service from LegacyShield’s “live” site. During this forty-five (45) day period and upon the User’s request, LegacyShield will permit the User to retrieve User Data related to the terminated LegacyShield Service, provided that the User has paid in full all amounts owed to LegacyShield under the User Agreement. After this forty-five (45) day period, User Data shall be permanently deleted. LegacyShield shall not be liable to User or to any third party for any deletion of User Data, provided that LegacyShield is in compliance with the terms of this User Agreement and the Privacy Policy.

  • M.          Copyright Policy.

    • i.             Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

      •       Your physical or electronic signature.

      •       Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

      •       Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

      •       Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

      •       A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

      •       A statement that the information in the written notice is accurate.

      •       A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, and identifying the copyright owner.

      Our designated copyright agent to receive DMCA Notices is:

      COMPLIANCE
      LEGACYSHIELD SOLULTIONS, INC.
      100 EXECUTIVE WAY, SUITE 105
      PONTE VEDRA BEACH, FLORIDA 32082
      904.712.6250
      COMPLIANCE@LEGACYSHIELD.COM

      If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

      Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    • ii.            Counter-Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

      •       Your physical or electronic signature.

      •       An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

      •       Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

      •       A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

      •       A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

      Our designated agent to receive Counter-Notices is:

      COMPLIANCE
      LEGACYSHIELD SOLULTIONS, INC.
      100 EXECUTIVE WAY, SUITE 105
      PONTE VEDRA BEACH, FLORIDA 32082
      904.712.6250
      COMPLIANCE@LEGACYSHIELD.COM

      The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

      Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    • iii.           Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

6.           Advisor Services.

  • A.           Advisor Services. An Advisor who has an active MyLegacy Subscription can view and maintain certain information within the Portal on behalf of the Advisor’s clients. Through the Portal, each Advisor can invite clients to register for a complimentary MyLegacy Subscription. Upon registration, the client, now a Client User, receives a MyLegacy Subscription. The Client User may invite his or her network of authenticators, notifiers, and recipients to register for a complimentary MyLegacy Subscription as well, and if any such person does register for a MyLegacy Subscription, they will be considered a Client User for purposes of this User Agreement. Note that LegacyShield may, at any time, cap or change the number of Client Users that may be associated with an Advisor on the Portal.

  • B.           Referral Fees. Advisor, or the Enterprise that provided an Advisor’s MyLegacy Subscription, may be eligible for Referral Fees when an associated Client User purchases Marketplace Products. Referral fees are earned only on the Marketplace Products for which the Client User has actually paid. LegacyShield may change the Referral Fee schedule at any time with or without prior notice, by posting a revised Referral Fee schedule. Any such change will apply to Referral Fees for Marketplace Products purchased after the effective date of such change. If applicable, LegacyShield may pay Referral Fees earned by the Advisor to the Enterprise associated with the Advisor’s MyLegacy Subscription. LegacyShield has no control over, and bears no responsibility for, the amount of the Referral Fee, if any, the Enterprise pays to Advisor. Advisors are not entitled to Referral Fees related to Marketplace Products for which LegacyShield receives payment after the termination of the Advisor’s MyLegacy Subscription.

  • C.           Email Communications and Notices. Advisors shall confirm through the User Account the email addresses of the Advisor and associated clients for communication and notice purposes relating to this User Agreement and LegacyShield Services. If the Advisor’s associated clients are located in California, the Advisor covenants that his or her clients have opted in and consented to receive such notices, intending LegacyShield to rely upon such covenant. The Advisor agrees, on his or her own behalf and on behalf of Advisor’s associated clients, to accept emails from LegacyShield at the provided email addresses. LegacyShield may provide notices, statements, and other communications to the Advisor or Advisor’s clients through either email, posting on the Portal (or other electronic transmission) or, for the Advisor, by mail or express delivery service. Advisors expressly direct and authorize LegacyShield to rely and act on all information and instructions provided to LegacyShield by the Advisor via the Advisor’s specified e-mail address or User Account. The Advisor shall promptly communicate to LegacyShield any associated client’s desire to be removed from any e-mail list or other notification contemplated by this Section.

  • D.           Restrictions.

    • i.             No Representations Regarding Services Other than Those Contained in Marketing Materials. IN NO EVENT SHALL THE ADVISOR MAKE, OR PERMIT ANY OF ADVISOR’S PERSONNEL, PARTNERS, OR AFFILIATES, TO MAKE, ANY STATEMENTS, REPRESENTATIONS, WARRANTIES, COVENANTS OR ASSURANCES WHATSOEVER REGARDING THE LEGACYSHIELD SERVICES, THIS AGREEMENT, OR LEGACYSHIELD ITSELF OTHER THAN THOSE EXPRESSLY STATED IN THE THEN-CURRENT MARKETING MATERIALS PROVIDED BY LEGACYSHIELD.

    • ii.            No Employment or Agency Relationship. The Advisor is a customer of LegacyShield, and nothing in this User Agreement shall create or be construed to create the relationship of employer and employee, or any agency relationship, between LegacyShield and the Advisor. To the extent that the Advisor receives any payment from LegacyShield resulting from Advisor’s relationship with LegacyShield, the Advisor is an independent contractor of LegacyShield, and shall not be considered an employee or agent of LegacyShield. The Advisor shall, at his or her sole discretion, select the persons to whom Advisor will promote the LegacyShield Services, as well as the time, manner and place of such promotion. This User Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties.

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