TERMS & CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS (TOGETHER WITH THE GUIDELINES (AS DEFINED BELOW), THE "TERMS") APPLY TO YOUR USE OF AND ACCESS TO EACH WEBSITE WHICH IS OWNED AND/OR OPERATED BY BLACK CAROLINIANS LLC AND/OR ITS AFFILIATES ("LEGACY OF RESILIENCE", "US" OR "WE"), INCLUDING THE WEBSITE CURRENTLY AVAILABLE AT WWW.THELEGACYOFRESILIENCE.COM, AND ALL SUBDOMAINS THEREOF, TOGETHER WITH ALL FEATURES, CONTENT, MATERIALS, PRODUCTS AND/OR SERVICES MADE AVAILABLE THEREON (COLLECTIVELY, THE “WEBSITES”). THESE TERMS REPRESENT A LEGALLY BINDING AGREEMENT BETWEEN YOU, AN INDIVIDUAL USER, OR A SINGLE ENTITY (”YOU” OR "USER"), AND LEGACY OF RESILIENCE REGARDING YOUR USE OF THE WEBSITES. TOGETHER, USERS AND LEGACY OF RESILIENCE ARE EACH REFERRED TO HEREIN INDIVIDUALLY AS A "PARTY" OR COLLECTIVELY AS THE "PARTIES". IF YOU ARE A USER RESIDING IN THE EUROPEAN UNION (INCLUDING THE UNITED KINGDOM, IRRESPECTIVE OF ITS EUROPEAN UNION MEMBERSHIP STATUS) ("EU USERS"), CERTAIN PARTS OF THESE TERMS WILL NOT APPLY (AS SPECIFIED IN THE EU TERMS) AND THE EU TERMS (AS DEFINED IN SECTION 26) WILL APPLY INSTEAD IN RESPECT OF THOSE PARTS (THE TERMS AND, WHERE RELEVANT, THE EU TERMS, TOGETHER, THE "COMBINED TERMS").
WHEN USING THE WEBSITES, YOU WILL BE SUBJECT TO ANY ADDITIONAL POSTED GUIDELINES OR RULES APPLICABLE TO SPECIFIC SERVICES AND FEATURES THAT MAY BE POSTED FROM TIME TO TIME ON THE WEBSITES (THE "GUIDELINES"). ALL GUIDELINES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE COMBINED TERMS. IF YOU USE THE WEBSITES ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER ENTITY, THEN (A) "USERS" INCLUDES YOU AND THAT ENTITY, (B) YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ENTITY WITH THE AUTHORITY TO BIND THE ENTITY TO THESE COMBINED TERMS, AND THAT YOU AGREE TO THESE COMBINED TERMS ON THE ENTITY'S BEHALF, AND (C) YOUR ENTITY IS LEGALLY AND FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE WEBSITES AS WELL AS FOR THE USE OF YOUR ACCOUNT BY OTHERS AFFILIATED WITH YOUR ENTITY, INCLUDING ANY EMPLOYEES, AGENTS OR CONTRACTORS.
SECTION 24 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE COMBINED TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE WEBSITES, WHICH INCLUDE, FOR CLARITY, LEGACY OF RESILIENCE’S SERVICES AND/OR PRODUCTS MADE AVAILABLE THEREON, THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 24. THIS SECTION DOES NOT APPLY TO EU USERS.
BEFORE USING THE WEBSITES, PLEASE READ THE FOLLOWING CAREFULLY
BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING COMBINED TERMS AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE COMBINED TERMS. IF AT ANY TIME YOU DO NOT AGREE TO THESE COMBINED TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITES.
BY USING ANY OF THE SERVICES, YOU AGREE TO THESE COMBINED TERMS.
1. ELIGIBILITY. YOU ARE PROHIBITED FROM USING THE WEBSITES UNLESS YOU ARE OVER THE AGE OF SIXTEEN (16). IF YOU ARE OVER THE AGE OF SIXTEEN (16) BUT UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE ONLY PERMITTED TO USE THE WEBSITES IF YOUR PARENT OR GUARDIAN ACCEPTS THESE COMBINED TERMS ON YOUR BEHALF BEFORE THE USE OF THE WEBSITES.
2. PRIVACY NOTICE. YOUR PRIVACY IS IMPORTANT TO LEGACY OF RESILIENCE. PLEASE READ THE WEBSITES’ PRIVACY POLICY CAREFULLY FOR INFORMATION RELATING TO LEGACY OF RESILIENCE’S COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION.
3. MODIFICATION OF THE COMBINED TERMS. LEGACY OF RESILIENCE RESERVES THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE COMBINED TERMS AT ANY TIME FOR ANY REASON, IN WHICH CASE WE WILL CHANGE THE "UPDATED" DATE SET FORTH ABOVE. IN THE EVENT OF A MATERIAL CHANGE, WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU VIA THE MOST RECENT E-MAIL ADDRESS THAT YOU HAVE PROVIDED TO US IN CONJUNCTION WITH YOUR ACCOUNT. PLEASE CHECK THESE COMBINED TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE WEBSITES BEFORE AND/OR AFTER A NOTICE OF CHANGES TO THE COMBINED TERMS CONSTITUTES YOUR BINDING ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE WITH THE MODIFICATIONS TO THE COMBINED TERMS, THEN PLEASE DO NOT ACCESS OR USE THE WEBSITES. NO AMENDMENT SHALL APPLY TO A DISPUTE FOR WHICH AN ARBITRATION HAS BEEN INITIATED BEFORE THE CHANGE IN COMBINED TERMS.
4. ACCESS AND LINKING TO THE WEBSITES. THE WEBSITES ARE CONTROLLED AND OFFERED BY LEGACY OF RESILIENCE IN THE UNITED STATES OF AMERICA. LEGACY OF RESILIENCE MAKES NO REPRESENTATIONS THAT THE WEBSITES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ARE ACCESSING OR USING THE WEBSITES FROM OTHER JURISDICTIONS, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. TO THE EXTENT ALLOWED IN THE JURISDICTION WHERE YOU ARE LOCATED, YOU WAIVE YOUR RIGHT TO ASSERT CLAIMS OR AVAIL YOURSELF OF PROTECTIONS AFFORDED YOU IN THAT JURISDICTION WHICH ARE NOT AVAILABLE IN THE UNITED STATES OF AMERICA.
5. OWNERSHIP; PROPRIETARY RIGHTS.
(A) GENERAL. THE WEBSITES, INCLUDING THE CONTENT, TEXT, VISUAL INTERFACES, INTERACTIVE FEATURES, AUDIO, VIDEO, AUDIO-VISUAL MATERIAL, INFORMATION, GRAPHICS, DESIGN, COMPILATION, COMPUTER CODE, COPYRIGHT, PRODUCTS, SOFTWARE, SERVICES, PROPRIETARY INFORMATION, SERVICE MARKS, TRADEMARKS (INCLUDING WITHOUT LIMITATION LEGACY OF RESILIENCE™ AND ALL RELATED TRADEMARKS), TRADE NAMES, DISTINCTIVE INFORMATION SUCH AS LOGOS, THE SELECTION, SEQUENCE, "LOOK AND FEEL" AND ARRANGEMENT OF ITEMS, AND ALL OTHER ELEMENTS OF THE WEBSITES THAT ARE PROVIDED BY LEGACY OF RESILIENCE ARE OWNED AND/OR LICENSED TO LEGACY OF RESILIENCE, AND ARE LEGALLY PROTECTED, WITHOUT LIMITATION, UNDER U.S. FEDERAL AND STATE LAWS AND REGULATIONS, AS WELL AS APPLICABLE FOREIGN LAWS, REGULATIONS AND TREATIES. EXCEPT FOR THE LIMITED RIGHTS EXPRESSLY SET FORTH IN THESE COMBINED TERMS.
(B) DOWNLOADABLE SOFTWARE. IF ANY SOFTWARE, CONTENT, OR OTHER MATERIALS OWNED OR CONTROLLED BY US ARE DISTRIBUTED TO YOU AS PART OF YOUR USE OF THE WEBSITES, WE HEREBY GRANT YOU, A PERSONAL, NON-ASSIGNABLE, NON-SUBLICENSABLE, NON-TRANSFERRABLE, AND NON-EXCLUSIVE RIGHT AND LICENSE TO ACCESS AND DISPLAY SUCH SOFTWARE, CONTENT AND MATERIALS PROVIDED TO YOU AS PART OF THE WEBSITES FOR THE SOLE PURPOSE OF ENABLING YOU TO USE THE WEBSITES AS PERMITTED BY THESE COMBINED TERMS. YOUR ACCESS AND USE OF THE WEBSITES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, TECHNICAL ERROR, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE WEBSITES OR OTHER ACTIONS THAT LEGACY OF RESILIENCE, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. WE RESERVE THE RIGHT TO ALTER OR REVOKE THE LICENSE AT ANY TIME BY PROVIDING REASONABLE NOTICE TO YOU. UPON RECEIVING NOTICE OF REVOCATION, YOU MUST PROMPTLY DESTROY ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION AND/OR RESIDING ON SYSTEMS UNDER YOUR CONTROL. THE LIMITED RIGHTS GRANTED TO YOU TO ACCESS AND USE SUCH SOFTWARE COMPRISE A LIMITED LICENSE AND DO NOT CONSTITUTE THE SALE OF ANY SOFTWARE PROGRAM. YOU DO NOT OWN THE DOWNLOADED SOFTWARE, AND WE DO NOT TRANSFER OWNERSHIP OF THE SOFTWARE TO YOU. WE RETAIN FULL OWNERSHIP OF AND TITLE TO THE DOWNLOADED SOFTWARE AND ALL INTELLECTUAL PROPERTY RIGHTS RELATED TO SUCH SOFTWARE. OTHER THAN AS PERMITTED BY, OR TO THE EXTENT THAT ANY RESTRICTION IS NOT PERMISSIBLE UNDER, APPLICABLE LAW, YOU MAY NOT REDISTRIBUTE, SELL, DECOMPILE, REVERSE ENGINEER, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO A HUMAN-PERCEIVABLE FORM (EXCEPT TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION). SOFTWARE THAT IS DOWNLOADED FROM THE WEBSITES MAY BE SUBJECT TO EXPORT CONTROL LAWS. IF YOU DOWNLOAD SOFTWARE FROM THE WEBSITES, YOU REPRESENT AND WARRANT TO US THAT YOU ARE NOT ACTING IN VIOLATION OF THOSE LAWS.
6. USER CONTENT.
(A) GENERAL. THE WEBSITES MAY NOW OR IN THE FUTURE PERMIT YOU AND OTHER USERS TO POST OR LINK MEDIA, TEXT, AUDIO AND VIDEO RECORDINGS, PHOTOS, GRAPHICS, COMMENTARY OR OTHER INFORMATION OR CONTENT ("USER CONTENT"), AND TO HOST AND/OR SHARE SUCH USER CONTENT. USER CONTENT IS NOT CONTROLLED BY LEGACY OF RESILIENCE. WE MAKE NO REPRESENTATIONS THAT YOUR USER CONTENT WILL REMAIN AVAILABLE VIA THE WEBSITES IN ANY WAY. WE MAY REMOVE YOUR USER CONTENT IF WE HAVE REASON TO BELIEVE THAT IT INFRINGES ANY THIRD PARTY’S RIGHTS OR VIOLATES THESE COMBINED TERMS. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE WEBSITES IS MADE PUBLICLY AVAILABLE TO OTHER USERS OF THE WEBSITES, AND LEGACY OF RESILIENCE DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.
(B) GRANT OF RIGHTS. BY SUBMITTING USER CONTENT TO LEGACY OF RESILIENCE, YOU HEREBY GRANT US AND OUR AFFILIATES A WORLDWIDE, NON-EXCLUSIVE, FULLY PAID-UP, ROYALTY-FREE, TRANSFERABLE LICENSE, WITH THE RIGHT TO GRANT AND AUTHORIZE SUBLICENSES (INCLUDING TO OTHER USERS), TO USE, REPRODUCE, DISTRIBUTE, MODIFY, ADAPT, TRANSLATE, PREPARE DERIVATIVE WORKS OF, DISPLAY, PERFORM, AND OTHERWISE EXPLOIT YOUR USER CONTENT IN CONNECTION WITH THE WEBSITES AND LEGACY OF RESILIENCE’S (AND ITS SUCCESSOR'S, TRANSFEREES', SUBLICENSEES' AND THEIR RESPECTIVE AFFILIATES') BUSINESS, INCLUDING WITHOUT LIMITATION FOR PROMOTING AND REDISTRIBUTING A PART OR ALL OF THE WEBSITES (AND DERIVATIVE WORKS THEREOF) IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA CHANNELS OR THROUGH MERCHANDISING. YOU GRANT LEGACY OF RESILIENCE AND ITS AFFILIATES, TRANSFEREES, AND SUBLICENSEES (AND THEIR RESPECTIVE AFFILIATES) THE RIGHT TO USE THE NAME THAT YOU SUBMIT IN CONNECTION WITH SUCH USER CONTENT IF THEY CHOOSE. YOU ALSO AGREE TO IRREVOCABLY WAIVE (AND CAUSE TO BE WAIVED) ANY CLAIMS AND ASSERTIONS OF MORAL RIGHTS OR ATTRIBUTION WITH RESPECT TO YOUR USER CONTENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ALSO HEREBY GRANT TO EACH USER OF THE WEBSITES A NON-EXCLUSIVE LICENSE TO ACCESS YOUR USER CONTENT THROUGH THE WEBSITES, AND TO USE, REPRODUCE, DISTRIBUTE, MODIFY, ADAPT, TRANSLATE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND PERFORM SUCH USER CONTENT AS PERMITTED BY THE FUNCTIONALITY OF THE WEBSITES AND THESE COMBINED TERMS. THE ABOVE LICENSES GRANTED BY YOU IN USER CONTENT YOU SUBMIT TO THE WEBSITES SHALL BE PERPETUAL AND IRREVOCABLE, EXCEPT WITH RESPECT TO ANY USER CONTENT THAT YOU HAVE REMOVED OR DELETED WHILE MAINTAINING YOUR USER ACCOUNT FOR ANY WEBSITE(S), OR ANY USER CONTENT FOLLOWING ANY DEACTIVATION OR DELETION OF YOUR USER ACCOUNT FOR ANY WEBSITE(S), YOU MAY SPECIFICALLY NOTIFY LEGACY OF RESILIENCE REGARDING THE TERMINATION OF THE FOREGOING LICENSE FROM YOU TO LEGACY OF RESILIENCE, SPECIFICALLY IDENTIFYING THE ITEM(S) OF USER CONTENT TO WHICH SUCH TERMINATION APPLIES, IN WHICH CASE THE FOREGOING LICENSE WILL TERMINATE WITHIN A COMMERCIALLY REASONABLE TIME AFTER YOU PROVIDE SUCH NOTICE TO LEGACY OF RESILIENCE. YOU UNDERSTAND AND AGREE, HOWEVER, THAT EVEN FOLLOWING SUCH TERMINATION, LEGACY OF RESILIENCE MAY RETAIN, BUT NOT DISPLAY OR PERFORM, SERVER COPIES OF SUCH USER CONTENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE ABOVE LICENSES GRANTED BY YOU IN USER COMMENTS YOU SUBMIT ARE PERPETUAL AND IRREVOCABLE.
(C) YOUR REPRESENTATIONS AND WARRANTIES REGARDING USER CONTENT. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR OWN USER CONTENT AND THE CONSEQUENCES OF POSTING SUCH CONTENT. IN CONNECTION WITH USER CONTENT, YOU AFFIRM, REPRESENT, AND/OR WARRANT THAT: (I) YOU OWN, OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS TO USE AND AUTHORIZE LEGACY OF RESILIENCE TO USE, ALL PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS IN AND TO ANY AND ALL USER CONTENT TO ENABLE INCLUSION AND USE OF USER CONTENT IN THE MANNER CONTEMPLATED BY LEGACY OF RESILIENCE AND THESE COMBINED TERMS, AND TO GRANT THE RIGHTS AND LICENSE SET FORTH IN THIS SECTION; (II) YOUR USER CONTENT IS TRUE AND ACCURATE; AND (III) LEGACY OF RESILIENCE’S USE OF SUCH USER CONTENT PURSUANT TO THESE COMBINED TERMS, AND LEGACY OF RESILIENCE’S EXERCISE OF THE LICENSE RIGHTS SET FORTH IN THIS SECTION, DO NOT AND WILL NOT: (A) INFRINGE, VIOLATE, OR MISAPPROPRIATE ANY THIRD-PARTY RIGHT, INCLUDING ANY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, MORAL RIGHT, PRIVACY RIGHT, RIGHT OF PUBLICITY, OR ANY OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT; (B) SLANDER, DEFAME, LIBEL, OR INVADE THE RIGHT OF PRIVACY, PUBLICITY OR OTHER PROPERTY RIGHTS OF ANY OTHER PERSON; OR (C) VIOLATE ANY APPLICABLE LAW OR REGULATION.
(D) PROHIBITED USES OF USER CONTENT. EXCEPT AS OTHERWISE PERMITTED BY THESE COMBINED TERMS, IN CONNECTION WITH YOUR USER CONTENT, YOU FURTHER AGREE THAT YOU WILL NOT PUBLISH, POST, SUBMIT, TRANSMIT THROUGH, OR OTHERWISE MAKE AVAILABLE TO THE WEBSITES: (I) ANY FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE LEGACY OF RESILIENCE OR ANY THIRD PARTY; (III) ANY MATERIAL WHICH IS UNLAWFUL, DEFAMATORY, LIBELOUS, SLANDEROUS, PORNOGRAPHIC, OBSCENE, ABUSIVE, PROFANE, VULGAR, SEXUALLY EXPLICIT, THREATENING, HARASSING, HARMFUL, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE OR OTHERWISE OBJECTIONABLE, OR WHICH ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW OR ANY RIGHT OF PRIVACY OR PUBLICITY, OR IS OTHERWISE INAPPROPRIATE; (IV) ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS, PRODUCTS, OR SERVICES; OR (V) ANY MATERIAL THAT WOULD BE HARMFUL TO MINORS IN ANY MANNER.
(E) NO RESPONSIBILITY FOR USER CONTENT. WITH THE EXCEPTION OF THE LIMITED LICENSE GRANTED ABOVE, WE DO NOT OBTAIN OR CONTROL ANY RIGHTS IN, AND DO NOT EXERT EDITORIAL CONTROL OVER, USER CONTENT. NOTHING HEREIN OBLIGATES US TO VERIFY, AND WE HAVE NOT NECESSARILY VERIFIED, THE REPRESENTATIONS AND WARRANTIES MADE BY USERS WITH RESPECT TO SUCH USER CONTENT.
7. THIRD-PARTY CONTENT DISCLAIMER. YOU UNDERSTAND THAT WHEN USING THE WEBSITES YOU WILL BE EXPOSED TO USER CONTENT, ADVERTISING AND OTHER THIRD PARTY CONTENT (TOGETHER, THE "THIRD-PARTY CONTENT") FROM A VARIETY OF SOURCES, AND THAT YOU MAY BE EXPOSED TO THIRD-PARTY CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. LEGACY OF RESILIENCE DOES NOT ENDORSE ANY THIRD-PARTY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL LEGACY OF RESILIENCE BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH THE THIRD-PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY THIRD-PARTY CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION WITH REGARD TO ANY THIRD-PARTY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY THIRD-PARTY CONTENT POSTED, EMAILED OR OTHERWISE DISPLAYED OR TRANSMITTED THROUGH THE WEBSITES.
8. NON-MONITORING OF USERS AND THIRD-PARTY CONTENT. YOU UNDERSTAND THAT YOU, AND NOT LEGACY OF RESILIENCE, ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE WEBSITES. LEGACY OF RESILIENCE DOES NOT CONTROL THIRD-PARTY CONTENT POSTED BY USERS OR OTHERWISE MADE AVAILABLE BY OTHER PERSONS OR ENTITIES AND DOES NOT HAVE ANY OBLIGATION TO MONITOR SUCH THIRD-PARTY CONTENT FOR ANY PURPOSE. IF AT ANY TIME LEGACY OF RESILIENCE CHOOSES, IN ITS SOLE DISCRETION, TO MONITOR THE THIRD-PARTY CONTENT, LEGACY OF RESILIENCE NONETHELESS ASSUMES NO RESPONSIBILITY FOR THE THIRD-PARTY CONTENT, NO OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE THIRD-PARTY CONTENT, NO OBLIGATION TO CONTINUE TO MONITOR THE THIRD-PARTY CONTENT AND NO RESPONSIBILITY FOR THE CONDUCT OF THE USER OR OTHER PERSON OR ENTITY SUBMITTING ANY SUCH THIRD-PARTY CONTENT. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY USER CONTENT OR OTHER THIRD-PARTY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OR LEGALITY OF SUCH USER CONTENT OR OTHER THIRD-PARTY CONTENT.
9. REMOVAL OF THIRD-PARTY CONTENT. LEGACY OF RESILIENCE AND ITS DESIGNEES SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE TO POST, OR TO REMOVE OR DISABLE ACCESS TO, ANY THIRD-PARTY CONTENT THAT IS AVAILABLE ON THE WEBSITES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
10. PROHIBITED USES OF THE WEBSITES.
(A) AS A CONDITION OF YOUR USE OF THE WEBSITES, YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE WEBSITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED (INCLUDING, WITHOUT LIMITATION, THE PROHIBITIONS IN THIS SECTION) BY THESE COMBINED TERMS.
(B) ANY USE BY YOU OF ANY OF THE LEGACY OF RESILIENCE MATERIALS AND WEBSITES OTHER THAN FOR YOUR PERSONAL USE IS STRICTLY PROHIBITED. YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, TRADE, RESELL, DISTRIBUTE, OR EXPLOIT ANY PORTION OF THE WEBSITES OR ANY THIRD-PARTY CONTENT OBTAINED THROUGH THE WEBSITES, FOR ANY PURPOSE OTHER THAN FOR YOUR PERSONAL USE.
(C) YOU AGREE NOT TO USE THE WEBSITES IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS DESCRIBED IN SECTION 1 ABOVE.
(D) YOU AGREE NOT TO DEFAME, HARASS, ABUSE, THREATEN, STALK OR DEFRAUD USERS OF THE WEBSITES, OR COLLECT, OR ATTEMPT TO COLLECT PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT.
(E) YOU AGREE NOT TO INTENTIONALLY INTERFERE WITH OR DAMAGE, IMPAIR OR DISABLE THE OPERATION OF THE WEBSITES OR ANY USER'S ENJOYMENT OF IT BY ANY MEANS, INCLUDING BUT NOT LIMITED TO UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, WORMS, SPYWARE, ADWARE, OR OTHER MALICIOUS CODE, OR PLACING A DISPROPORTIONATE LOAD ON THE WEBSITES WITH THE INTENDED RESULT OF DENYING SERVICE TO OTHER USERS.
(F) YOU AGREE NOT TO REMOVE, CIRCUMVENT, DISABLE, DAMAGE OR OTHERWISE INTERFERE WITH ANY SECURITY- RELATED FEATURES OF THE WEBSITES, FEATURES THAT PREVENT OR RESTRICT THE USE OR COPYING OF ANY PART OF THE WEBSITES, OR FEATURES THAT ENFORCE LIMITATIONS ON THE USE OF THE WEBSITES.
(G) YOU AGREE NOT TO ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE WEBSITES OR ANY PART OF THEM, OTHER ACCOUNTS, COMPUTER SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITES OR ANY PART OF THEM, THROUGH HACKING, PASSWORD MINING OR ANY OTHER MEANS OR OVERBURDEN, DISRUPT, INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITES OR ANY ACTIVITIES CONDUCTED THROUGH THE WEBSITES.
(H) YOU AGREE NOT TO OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS OR INFORMATION THROUGH ANY MEANS NOT INTENTIONALLY MADE AVAILABLE THROUGH THE WEBSITES. YOU AGREE NEITHER TO MODIFY THE WEBSITES IN ANY MANNER OR FORM (OTHER THAN CONTRIBUTING USER CONTENT AS ENABLED BY THE WEBSITES’ FUNCTIONALITY AND IN ACCORDANCE WITH THESE COMBINED TERMS), NOR TO USE MODIFIED VERSIONS OF THE WEBSITES, INCLUDING (WITHOUT LIMITATION) FOR THE PURPOSE OF OBTAINING UNAUTHORIZED ACCESS TO THE WEBSITES.
(I) YOU AGREE THAT YOU WILL NOT USE ANY ROBOT, SPIDER, SCRAPER, OR OTHER AUTOMATED MEANS TO ACCESS, SCRAPE, MINE, EXTRACT, COLLECT OR COPY INFORMATION FROM, THE WEBSITES FOR ANY PURPOSE WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION OR BYPASS OUR ROBOT EXCLUSION HEADERS OR OTHER MEASURES WE MAY USE TO PREVENT OR RESTRICT ACCESS TO THE WEBSITES.
(J) YOU AGREE NOT TO UTILIZE FRAMING TECHNIQUES TO ENCLOSE ANY TRADEMARK, LOGO, OR OTHER LEGACY OF RESILIENCE MATERIALS WITHOUT OUR EXPRESS PRIOR WRITTEN CONSENT. YOU AGREE NOT TO USE ANY META TAGS OR ANY OTHER "HIDDEN TEXT" UTILIZING LEGACY OF RESILIENCE’S NAME OR TRADEMARKS WITHOUT OUR EXPRESS PRIOR WRITTEN CONSENT.
(K) YOU AGREE NOT TO USE ANY PARKWOOD LOGOS, GRAPHICS, OR TRADEMARKS WITHOUT OUR EXPRESS PRIOR WRITTEN CONSENT.
(L) YOU AGREE NOT TO MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE WEBSITES. THIS INCLUDES, BUT IS NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, DONATION REQUESTS, AND PETITIONS FOR SIGNATURES.
(M) YOU AGREE NOT TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, DECODE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE WEBSITES OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION.
(N) YOU AGREE NOT TO MODIFY, ADAPT, TRANSLATE, OR CREATE DERIVATIVE WORKS BASED UPON THE WEBSITES OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION.
(O) YOU AGREE NOT TO IMPERSONATE ANOTHER PERSON OR ENTITY, OR FALSELY STATE OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH A PERSON OR ENTITY.
(P) YOU AGREE NOT TO USE THE WEBSITES IN ANY WAY THAT WOULD AFFECT US ADVERSELY OR REFLECT NEGATIVELY ON US, THE WEBSITES, OR THE SINGERS OR CELEBRITIES FEATURED ON THE WEBSITES, OUR GOODWILL, OUR EMPLOYEES OR MODERATORS, OUR NAME OR REPUTATION, OR DISCOURAGE ANY PERSON, FIRM OR ENTERPRISE FROM USING ALL OR ANY PORTION, FEATURES OR FUNCTIONS OF THE WEBSITES, OR FROM ADVERTISING, LINKING OR BECOMING A SUPPLIER TO US IN CONNECTION WITH THE WEBSITES.
UNAUTHORIZED OR PROHIBITED USE OF THE WEBSITES OR THE LEGACY OF RESILIENCE MATERIALS MAY SUBJECT YOU TO CIVIL LIABILITY, CRIMINAL PROSECUTION, OR BOTH UNDER FEDERAL, STATE AND APPLICABLE LOCAL LAWS IN OTHER COUNTRIES.
11. ACCOUNT INFORMATION.
(A) IN ORDER TO ACCESS SOME FEATURES OF THE WEBSITES, YOU MAY HAVE TO CREATE AN ACCOUNT. YOU MAY CANCEL YOUR ACCOUNT WITH US AT ANY TIME BY EMAILING INFO@THELEGACYOF RESILIENCE.COM. WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCOUNT, AND WITHOUT PRIOR NOTICE TO YOU IF YOU VIOLATE THE COMBINED TERMS OR IF WE OTHERWISE BELIEVE IT IS NECESSARY TO PROTECT OUR INTERESTS OR THE INTERESTS OF OTHERS.
(B) YOU ACKNOWLEDGE, CONSENT, AND AGREE THAT LEGACY OF RESILIENCE MAY ACCESS, PRESERVE AND DISCLOSE ANY PERSONAL INFORMATION YOU PROVIDE TO US IN CONNECTION WITH YOUR ACCOUNT (“ACCOUNT INFORMATION”) AND ANY USER CONTENT IF REQUIRED TO DO SO BY LAW OR IN A GOOD FAITH BELIEF THAT SUCH ACCESS PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO (I) COMPLY WITH LEGAL PROCESS, (II) ENFORCE THE COMBINED TERMS, (III) RESPOND TO ANY CLAIM THAT USER CONTENT VIOLATES THE RIGHTS OF THIRD PARTIES, (IV) PROVIDE CERTAIN CUSTOMIZED FEATURES OF THE WEBSITES TO YOU, IF ANY, (V) RESPOND IF YOU CONTACT LEGACY OF RESILIENCE FOR ANY REASON, (VI) PROTECT THE RIGHTS, PROPERTY, OR PERSONAL SAFETY OF LEGACY OF RESILIENCE, ITS OTHER USERS, AND THE PUBLIC, OR (V) PROVIDE THE WEBSITES, WHICH INCLUDE, FOR CLARITY, LEGACY OF RESILIENCE’S SERVICES AND/OR PRODUCTS MADE AVAILABLE THEREON.
(C) IF YOU REGISTER FOR AN ACCOUNT, YOU WILL BE ASKED TO PROVIDE A PASSWORD. AS YOU WILL BE RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD, YOU SHOULD KEEP YOUR PASSWORD CONFIDENTIAL. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PASSWORD AND FOR RESTRICTING ACCESS TO YOUR COMPUTER, AND YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT OR PASSWORD. IF YOU HAVE REASON TO BELIEVE THAT YOUR ACCOUNT IS NO LONGER SECURE (FOR EXAMPLE, IN THE EVENT OF A LOSS, THEFT, OR UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT ID OR PASSWORD), YOU SHALL IMMEDIATELY NOTIFY LEGACY OF RESILIENCE. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, LEGACY OF RESILIENCE OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
12. OFFERINGS AND PURCHASES.
(A) THE WEBSITES PERMIT YOU TO PURCHASE PRODUCTS OR SERVICES, INCLUDING PRODUCTS OR SERVICES OF THIRD PARTIES THAT ARE OFFERED THROUGH THE WEBSITES (“OFFERINGS”). THE OFFERINGS ARE INTENDED FOR PERSONAL USE ONLY. LEGACY OF RESILIENCE RESERVES THE RIGHT TO REFUSE TO SELL ANY OFFERINGS TO YOU IF IT REASONABLY APPEARS TO US THAT YOU INTEND TO RESELL SUCH OFFERINGS. WE FURTHER RESERVE THE RIGHT TO LIMIT QUANTITIES OF OFFERINGS PURCHASED BY EACH USER OR TO REFUSE TO PROVIDE ANY USER WITH THE OFFERINGS. ORDERS OF SPECIAL OFFERINGS (INCLUDING LIMITED EDITION AND PRE-ORDER OFFERINGS) MAY CONTAIN ADDITIONAL TERMS, WHICH WILL BE PROVIDED FOR EACH SUCH OFFERING. PLEASE READ THE TERMS LISTED FOR EACH OFFERING ON THE APPLICABLE PAGE OF THE WEBSITES CAREFULLY BEFORE PLACING YOUR ORDER.
(B) YOU ACKNOWLEDGE AND AGREE THAT ALL INFORMATION YOU PROVIDE WITH REGARDS TO THE PURCHASE OF OFFERINGS, INCLUDING, WITHOUT LIMITATION, CREDIT CARD, PAYPAL, OR OTHER PAYMENT INFORMATION, IS ACCURATE, CURRENT AND COMPLETE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE TO US OR OUR PAYMENT PROCESSOR, INCLUDING, WITHOUT LIMITATION, ANY CREDIT CARD YOU PROVIDE WHEN COMPLETING A TRANSACTION. WE RESERVE THE RIGHT, WITH OR WITHOUT PRIOR NOTICE AND IN OUR SOLE AND COMPLETE DISCRETION, TO (I) DISCONTINUE, MODIFY, OR LIMIT THE AVAILABLE QUANTITY OF ANY OFFERINGS, AND (II) REFUSE TO ALLOW ANY USER TO PURCHASE ANY OFFERING OR DELIVER SUCH OFFERINGS TO A USER OR A USER DESIGNATED ADDRESS. WHEN YOU PURCHASE OFFERINGS, YOU (A) AGREE TO PAY THE PRICE FOR SUCH OFFERINGS AS SET FORTH ON THE APPLICABLE PAGE OF THE WEBSITES, AND ALL SHIPPING AND HANDLING CHARGES AND ALL APPLICABLE TAXES IN CONNECTION WITH YOUR PURCHASE (THE “FULL PURCHASE AMOUNT”), AND (B) AUTHORIZE US TO CHARGE YOUR CREDIT CARD OR OTHER PAYMENT METHOD FOR THE FULL PURCHASE AMOUNT. THE WEBSITES MAY ALLOW YOU TO PURCHASE OFFERINGS AND DESIGNATE THEM TO BE DELIVERED OR PROVIDED AT A FUTURE DATE. IN SUCH INSTANCE, YOU ACKNOWLEDGE AND AGREE THAT WE MAY CHARGE YOUR CREDIT CARD OR OTHER PAYMENT METHOD FOR THE FULL PURCHASE AMOUNT ON THE DATE OF PURCHASE, RATHER THAN ON THE ULTIMATE DATE OF DELIVERY OR PROVISION OF THE APPLICABLE OFFERING. UNLESS OTHERWISE NOTED, ALL CURRENCY REFERENCES ARE IN U.S. DOLLARS. ALL FEES AND CHARGES ARE PAYABLE IN ACCORDANCE WITH PAYMENT TERMS IN EFFECT AT THE TIME THE FEE OR THE CHARGE BECOMES PAYABLE. PAYMENT CAN BE MADE BY CREDIT CARD, DEBIT CARD, OR THROUGH PAYPAL OR OTHER MEANS THAT WE MAY MAKE AVAILABLE. ORDERS WILL NOT BE PROCESSED UNTIL PAYMENT HAS BEEN RECEIVED IN FULL, AND ANY HOLDS ON YOUR ACCOUNT BY PAYPAL OR ANY OTHER PAYMENT PROCESSOR ARE SOLELY YOUR RESPONSIBILITY.
(C) WE MAY OFFER CERTAIN PROMOTIONAL CODES, REFERRAL CODES, DISCOUNT CODES, COUPON CODES OR SIMILAR OFFERS (“PROMOTIONAL CODES”) THAT MAY BE REDEEMED FOR DISCOUNTS ON FUTURE OFFERINGS, OR OTHER FEATURES OR BENEFITS RELATED TO THE WEBSITES, SUBJECT TO ANY ADDITIONAL TERMS THAT LEGACY OF RESILIENCE ESTABLISHES. YOU AGREE THAT PROMOTIONAL CODES: (I) MUST BE USED IN A LAWFUL MANNER; (II) MUST BE USED FOR THE INTENDED AUDIENCE AND PURPOSE; (III) MAY NOT BE DUPLICATED, SOLD OR TRANSFERRED IN ANY MANNER, OR MADE AVAILABLE BY YOU TO THE GENERAL PUBLIC (WHETHER POSTED TO A PUBLIC FORUM, COUPON COLLECTING SERVICE, OR OTHERWISE), UNLESS EXPRESSLY PERMITTED BY LEGACY OF RESILIENCE; (IV) MAY BE DISABLED OR HAVE ADDITIONAL CONDITIONS APPLIED TO THEM BY LEGACY OF RESILIENCE AT ANY TIME FOR ANY REASON WITHOUT LIABILITY TO LEGACY OF RESILIENCE; (V) MAY ONLY BE USED PURSUANT TO THE SPECIFIC TERMS THAT LEGACY OF RESILIENCE ESTABLISHES FOR SUCH PROMOTIONAL CODE; (VI) ARE NOT VALID FOR CASH OR OTHER CREDITS OR POINTS; AND (VII) MAY EXPIRE PRIOR TO YOUR USE.