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Terms and Conditions

 

Revised May 10th, 2021

Welcome to LegacyArmour.com, the world’s only website that allows users to store critical information securely and then delivers that information to a designated recipient after an event takes place.

Below are our detailed terms and conditions that you must read and accept before using our services.

 

1. Overview

Before using this website, you must review and accept the following terms and conditions (the “Agreement”) and set up a LegacyArmour account. The Agreement defines your rights and responsibilities as a user ("User") of the website operated by LegacyArmour.com LLC, a Minnesota Limited Liability Company, (“LegacyArmour” or “we”) and located at LegacyArmour.com (the “Website”).  If you're establishing an account through a LegacyArmour partner, account options (such as the ability to participate in upgrades, downgrades, and conversions) and payment requirements made available to you may vary from those described in these Terms; however, these Terms govern your use of the Service and your relationship with us.

The Website is operated in the United States of America. Access is governed by these terms and conditions under the laws United States and the State of Minnesota. Registration as a user of, or subscriber to, the Website results in your registration information being stored and processed in the United States, and you specifically consent to LegacyArmour’s storage and processing of the personal data you submit. All registration information is protected by our Privacy Notice, the most current terms of which are incorporated by reference.

If you don't agree with any of these terms, or if you have any objections to our Privacy Notice you must not use the Website.

 

2. Description of the Service

LegacyArmour offers an online service for users to upload information that they wish safeguarded and then delivered securely to a validated third-party recipient based on events pre-designated by the user. The Website is protected by patent and copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws.

 

3. Usage

Users of the Website may be unregistered visitors, paying subscribers, or recipients of stored information.

You must be 18 years or older to register or subscribe. You must provide LegacyArmour with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will select a unique user name and password. You are responsible for all usage or activity on LegacyArmour via your account. You will never be required to reveal your password to any representative or agent of LegacyArmour, its owners or agents. You must notify us by regular mail or by e-mail at admin@LegacyArmour.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.

 

4. Requirements to Use the Service

To use the Service, you'll need to have a compatible computer or mobile device with Internet access. If you access the Service using a wireless data plan on your mobile device, you may incur increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third-party services you use to access Service.

 

5. Limited Use License

Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.

Subject to these Terms, LegacyArmour grants you a non-exclusive, non-transferable license when you set up a LegacyArmour account to access and utilize the website on devices within your possession and control and for your own use, subject to limitations required by LegacyArmour from time to time. Except for the foregoing license grant, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Service, ownership of which is retained by LegacyArmour and its suppliers, as applicable. Service updates are governed by these Terms. The Service is licensed, not sold, to you for use only under these Terms, and LegacyArmour reserves all rights not expressly granted to you. Except as expressly authorized in these Terms or allowed by applicable law, you may not use, copy, modify, reverse engineer, disassemble, decompile, or modify the Service, or otherwise attempt to derive the source code of the Service, or authorize any third party to do any of the foregoing.

 

6. Website Terms of Use

These Website Terms of Use apply to your use of the LegacyArmour websites (“Site”). LegacyArmour reserves the right to change the Terms of Use and to modify and/or limit access to the Site at any time without notice to you. By using or accessing the Site, you agree to be bound by the most recent Terms of Use.

You must have all necessary rights to use the licenses to LegacyArmour set forth in these Terms and you represent and warrant to LegacyArmour that you have such rights and that your use of LegacyArmour's licenses will not violate applicable law or infringe or violate the rights of any party. You understand and agree that the Service may include certain communications from LegacyArmour, such as service announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. LegacyArmour may also send you promotional offers and news about LegacyArmour, but you can opt out from receiving those communications at any time.

 

7. Usage Restrictions

Unless you are registered as a business engaged in reselling or distributing LegacyArmour vaults, your account is for your individual use only. You may not resell accounts or any account features. You agree that you will not use the Service to disseminate any advertising, promotional materials, or spam. You acknowledge and agree that LegacyArmour reserves the right to establish limits on the number and size of vaults and/or the size and number of files that can be made available in each vault. You agree that you will not use the Service to create, copy, store, transmit, share or distribute any files, images, sounds, messages or other material which violate or infringe the rights of third parties, violate any law regarding the storage or transmission of information electronically, or expose LegacyArmour to any actual or potential civil or criminal liability. LegacyArmour reserves the right in its sole discretion to take any action that it deems necessary if you violate these Terms, including, but no limited to, suspension or termination of your account.

 

8. VIP Vault Assignment

Agents and subscribers enrolled in the VIP program may provide LegacyArmour accounts to an unlimited number of their clients, provided that the person to whom the account is assigned is a bona fide client of the VIP agent.  VIP agents may be asked to show proof that the person to whom a LegacyArmour account is given has an active professional relationship with the VIP agent.  The VIP agent may not assign LegacyArmour accounts to any individual with whom the VIP agent does not have an active professional relationship.  A person is considered having an “Active Professional Relationship” with the VIP agent only if that person (a) paid the VIP agent for their services within the last 12 months, or (b) has an ongoing professional account relationship with the VIP agent.  The VIP agent will be charged, and the VIP agent agrees to pay, the then current market price of any account assigned to a person who does not meet the criteria of having an ongoing active professional relationship with the VIP agent.

If active professional relationship between a client and the VIP agent ceases for any reason, the VIP agent must notify LegacyArmour so that the end user’s account can be disassociate from the VIP account. If the VIP agent’s account is terminated with LegacyArmour for any reason, all accounts associated with their VIP account will revert to unpaid end user accounts and LegacyArmour will contact the end user to discuss continuing their account under different terms or terminating their account.

 

9. Service Limitations

LegacyArmour uses reasonable efforts to make the Service available 7 days a week 24 hours a day. However, LegacyArmour does not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and is under no obligation to provide you with maintenance, technical support, or updates for the Service unless provided in conjunction with your plan type and, if provided, in the manner as determined by LegacyArmour from time to time. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of the Service or the use of the Service by other customers.

 

10. Promotions

Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available by LegacyArmour may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

 

11. Term and Termination

Your rights to use the Service are effective through the end of applicable Subscription Period unless earlier terminated. These Terms will terminate immediately without notice to you upon the earlier of (i) notice of your election to cancel your account, (ii) the posting of a new version of these Terms on the LegacyArmour website with notice to you (which you acknowledge that LegacyArmour may provide by any means, including without limitation, by posting on the LegacyArmour Site), in which case the new Terms shall apply to you; provided, however, that except for updates to the LegacyArmour Privacy Notice that do not decrease privacy protections afforded to you or for the addition of account features, no such change shall be effective until the renewal of your Subscription Period and provided further that LegacyArmour shall give you advance notice of any price increases and you will be charged, and agree that LegacyArmour may charge your credit card, for such increases unless you cancel your account prior to the end of your then-current account Subscription Period, or (iii) your breach or failure to comply with any term or condition of these Terms. Further, LegacyArmour reserves the right to terminate these Terms and your account without prior notice and without liability to you upon demand by a recognized court of the United States, or upon receiving validated proof from a recognized agency that these terms are being violated.

LegacyArmour may terminate your Paid Account (i) effective as of the end of the then-current Subscription Period for any reason or no reason and without liability to you; and (ii) without cause during the Subscription Period provided that LegacyArmour returns a pro rata portion of the Subscription Fee to the party who has paid for the account.

Upon termination, the licenses granted to you by LegacyArmour shall cease, you will not be able to access or retrieve any Files stored in your account.  If you terminate your account, you agree that LegacyArmour may keep your Files on its servers for reasonable time thereafter to enable you to easily renew if you so desire.

In the event of expiration or termination of your account, the representations made by you in these Terms and the Sections entitled “Compliance with Laws,” “Term and Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” and “General” shall survive such expiration or termination.

 

12. Government Use

The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth in these Terms. THE SOFTWARE IS PROTECTED BY UNITED STATES PATENT AND COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

 

13. Confidentiality and Privacy

Your files are not accessible by third parties unless you elect to make them available to others through the Service. We respect the privacy and confidentiality of your files, so we agree never to disclose your files or information to anyone unless you instruct us to do so or a court orders us to disclose them, as provided in our Privacy Notice.  All vault information uploaded to LegacyArmour is encrypted on your machine before upload.  LegacyArmour does not have access to, and therefore does not store the passphrase you use to encrypt your information.  For this reason, if compelled by court order, the only thing LegacyArmour can provide is your registration information, the encrypted file stored on our system, and the clear text message for your recipient.  If you place your passphrase in the clear text, others may be able to access your information.

You acknowledge and agree that LegacyArmour may disclose your information if LegacyArmour believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, the users, or the public.

 

14. Subscription Terms, Fees and Payments

14.1 Subscription Fees

The different payment options and services offered for the different subscription levels will be published on the relevant Website or at the time a subscription or other service is offered or renewed. The terms and conditions applying to such subscriptions or other services will be incorporated into this Agreement.

The subscription period for Paid Accounts is designated during the subscription process and described in the account features for your account (“Subscription Period”).

BY CREATING A PAID ACCOUNT OR SELECTING PREMIUM OPTIONS AND PROVIDING LEGACYARMOUR YOUR ACCOUNT DETAILS, YOU CONSENT TO ALLOW LEGACYARMOUR TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR INITIATION FEES, YOUR INITIAL SUBSCRIPTION PERIOD, FOR ADDITIONAL SUBSCRIPTION PERIODS AS CHOSEN BY YOU DURING THE CHECKOUT PROCESS, AND FOR ANY OTHER SELECTED OPTIONS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.

 

14.2 Renewal

All subscriptions are automatically renewing. This means that once you become a subscribing member, your subscription will be automatically renewed, and your billing choice will be charged periodically based on the subscription program you have chosen, unless you opt out or cancel by following the instructions in this Agreement.

When other offers, promotions or free trials are made available, the specific terms and conditions that apply to each will be stated at the time of purchase. Please ensure that you have noted any relevant rules, cancellation dates or price changes when a promotion or free trial ends.

 

14.3 Opting Out of Renewal

You may opt out of renewing your subscription by logging into your My Account page on the Website at least two days before the renewal date and selecting to cancel your subscription. If you do not let us know that you want to terminate your subscription at least two days prior to the end of the current subscription period, the payment for the renewal period of the subscription will be made.

 

14.4 Cancellations

Subscriptions may be cancelled at any time. Upon cancellation, access to the Service will be removed and any future delivery of Vaults will likewise be cancelled.  Cancellations may be made by logging into your My Account page on the Website and providing the same information that you provided when you subscribed. Your cancellation must be received by end of business (5:00 p.m. Central Time) on the appropriate day as described above. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.

 

14.5 Prices Subject to Change

Prices may be changed by LegacyArmour at any time and each renewal of your subscription will be at the then standard renewal cost for the period that you originally selected when you subscribed. LegacyArmour shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the website or in usual member communications. If you do not wish to continue with your subscription due to the new prices, you may opt out of renewal as set forth in this Agreement.

 

14.6 Free Trials

Paid Accounts may have a free trial period, if offered by LegacyArmour, during which time the account can be used without charge (a “Free Trial”). LegacyArmour reserves the right to limit the options, services, eligibility and storage capacity for Free Trials, for example, if you have previously used the Service on a trial basis or have previously paid for a LegacyArmour account, then you may not be eligible for a Free Trial unless we determine otherwise. If you are eligible for a Free Trial, you will be charged for your selected account at the end of the Free Trial unless you cancel the account prior to the end of the Free Trial. IF YOU HAVE PROVIDED YOUR CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, YOU ACKNOWLEDGE THAT YOU MUST CANCEL THE ACCOUNT BEFORE THE END OF THE FREE TRIAL TO AVOID BEING CHARGED AT THE CONCLUSION OF THE FREE TRIAL PERIOD. IF YOU HAVE NOT PROVIDED ANY CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, THEN YOU MUST PROVIDE IT AND PURCHASE THE PAID ACCOUNT PRIOR TO THE END OF THE FREE TRIAL OR YOUR ACCOUNT WILL BE TERMINATED AT THE END OF THE FREE TRIAL PERIOD AND ALL UPLOADED INFORMATION WILL BE DELETED.

 

15. Legal

15.1 Disclaimer of Warranties

THE SOFTWARE AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEGACYARMOUR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LEGACYARMOUR DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (III) ANY ERRORS IN THE SOFTWARE OR THE SERVICE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND SERVICE REMAINS WITH YOU.

 

15.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEGACYARMOUR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (AND WITH RESPECT TO FREE ACCOUNTS AND LEGACYARMOUR SUPPLIERS, FOR ANY DIRECT DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICE EVEN IF LEGACYARMOUR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

15.3 Exclusive Remedy

If you are dissatisfied with any portion of the Website, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Website.

15.4 Indemnification

You agree to indemnify, defend and hold LegacyArmour and its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from (i) a violation or breach of these Terms by you, (ii) any activity related to access or use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account and/or Files, or (iii) LegacyArmour's authorized use of data, files or other content provided by you or obtained by LegacyArmour as authorized by you under these Terms.

 

15.5 Disputes

If a dispute arises between you and LegacyArmour, our goal is to provide you a neutral and cost-effective means of resolving the dispute quickly. To that end, you agree to first contact LegacyArmour Customer Support at admin@LegacyArmour.com to describe the problem and seek a resolution. If that does not resolve the issue, then you and LegacyArmour agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the law of the State of Minnesota, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the AAA rules described below before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within Scott County, Minnesota for the purpose of litigating all such claims or disputes.

Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. . YOU AND LEGACYARMOUR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LegacyArmour agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.  This arbitration provision shall survive termination of this Agreement. 

Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

15.6 Compliance with Laws

You agree to comply with any local laws and regulations regarding your right to download, install, import, export or use the Service. You agree that information you upload to the Service is your personal information or that you have legal possession of that data. You agree: (i) that the information you upload strictly complies with all United States export laws and regulations, including, but not limited to the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR), the Office of Foreign Asset Control (OFAC) regulations as administered by the Department of Treasury, and all treaties, Executive Orders, laws, statutes, amendments, or supplement thereto, including all applicable international, national, state, regional and local laws, and regulations (ii) that the recipients of the information you upload are not prohibited from possessing the information and that the information will not be delivered to any recipient in a prohibited country outlined in the EAR, or to any denied person, entity, or against any general denial order, as listed with the DOC as follows: Denied Persons List, Entities List, the Unverified List, and General Order No. 3 to Supplement No. 1 to Part 736 of the EAR, or on any OFAC list, currently the Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, (iii) that you will not designate a recipient in any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; (v) not to allow access to the Service for any prohibited use or to any prohibited end user.

 

15.6.1 GDPR Compliance

LegacyArmour is a strong advocate of individual rights to privacy and fully supports to the greatest extent possible both the spirit and the letter of the General Data Protection Regulation (GDPR) of the European Union (EU).  In situations where the GDPR and U.S. or Minnesota law are in conflict, LegacyArmour will comply with U.S. or Minnesota law only to the extent absolutely necessary to comply and will seek to maintain each subscriber’s privacy to the greatest possible degree.  LegacyArmour Subscribers who live in the EU may choose to use LegacyArmour LLC’s sister company, LegacyArmour B.V. which is formed and licensed in the city of The Hague, Netherlands and which is fully compliant with the GDPR.  Any subscriber who selects “The EU” on the top righthand corner of the main page of LegacyArmour.com will automatically be connected to LegacyArmour B.V. for all transactions and all transactions will be in accordance with the GDPR including storage of information inside the EU. 

 

15.6.2 CCPA Compliance

As an American mirror of the GDPR, LegacyArmour fully supports and remains compliant with all restrictions and individual consumer rights granted under the California Consumer Privacy Act of 2018 (CCPA) whether or not LegacyArmour at any point in time is legally required to comply with the CCPA.  LegacyArmour believes in the spirit of the CCPA and will afford to all of LegacyArmour’s subscribers the protection and rights granted by the CCPA to California subscribers. Please see the LegacyArmour Privacy Statement for a more complete explanation of personal rights under the CCPA.

 

15.6.3 COPPA Compliance

LegacyArmour believes in the protection of children and is fully compliant with the Children’s Online Privacy and Protection Act (COPPA).  Any information entered for a child under the age of 13 must be done so by their parent and by doing so their parent gives LegacyArmour the right to retain that information for the sole purpose of providing the LegacyArmour service to the subscriber. Additional verification may be needed by LegacyArmour to comply with COPPA.  If applicable, LegacyArmour will contact the parent or guardian of any individual who is under 13 years of age whose information is being stored on LegacyArmour.

 

15.6.4 HIPAA & HITECH Compliance

Healthcare information is some of the most personal information that each person has about themselves. LegacyArmour is committed to protecting healthcare information to the greatest extent possible and complies with all requirements of both the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health act (HITECH). 

 

15.6.5 SOX Compliance

Although many of the requirements enumerated under the Sarbanes-Oxley Act (SOX) do not apply to private companies like LegacyArmour, LegacyArmour believes in being fully transparent regarding its business and financial dealings and complies with the requirements of SOX to greatest extent possible.

 

15.7 Linked Sites

The LegacyArmour Site may contain links to third party web sites ("Linked Sites"). These Linked Sites are not under the control of LegacyArmour and LegacyArmour is not responsible for the availability, contents, or performance of any Linked Sites. LegacyArmour is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LegacyArmour of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You should direct any concerns regarding these third-party sites to those sites' administrators.

 

15.8 Third Party Services

LegacyArmour may, from time to time, provide opportunities to Users of the Website to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. LegacyArmour makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third-party provider and not from LegacyArmour.

 

15.9 Trademarks

"LegacyArmour," the LegacyArmour logo, are trademarks of LegacyArmour and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners. You may not copy, display or use any of these marks without prior written permission of the mark owner.

 

15.10 Modifications to this Agreement

LegacyArmour has the right, at its sole discretion, to modify this Agreement at any time. Changes will be posted on the Website and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Website is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Website now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.

We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not without the written consent of LegacyArmour assign or transfer any of your rights and obligations under these terms.

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

Official correspondence must be sent via postal mail to:

LegacyArmour LLC
222 S. 9th St Suite 1600
Minneapolis, MN 55402

This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by LegacyArmour.

 

16.  Communications between LegacyArmour and You

We will send electronic mail to you or otherwise notify you for the purpose of informing you of changes or additions to the Website or Service, or of any related products and services. You may opt out of commercial advertising and marketing emails at any time by clicking the unsubscribe link at the end of each such email or by going to My Account and changing your email preferences. Please see our Privacy Notice for further information on how we manage and process your personal information.

 

17.  Contacting LegacyArmour for any reason

You may use any of the following methods to contact LegacyArmour:

U.S. Postal Service:
LegacyArmour LLC
222 South Ninth Street
Suite 1600
Minneapolis, MN 55402

Phone: 844-875-3422
Chat: Online on the LegacyArmour.com site

 

18. LegacyArmour Agent Terms of Service

Agents and Advisors utilizing any LegacyArmour Account used to promote to sell the LegacyArmour Services are also subject to the following Agent Terms of Service.

The following Terms of Service apply to LegacyArmour Agent who while using any LegacyArmour account for resale to end users.
 

18.1 Easy-To-Read TOS
This section contains an easy‐to‐read recap of terms and conditions of using a LegacyArmour Agent account. They do not represent the entire terms and conditions. They are provided as a convenience to you and in any conflict between the easy‐to‐read Terms and Conditions and the full Terms and Conditions below, the full Terms and Conditions will prevail and take precedence.

  1. By using a LegacyArmour Agent account you agree to the terms.
  2. LegacyArmour may update or change the terms. If you continue to use the service, you are indicating that you agree to the changes.
  3. This service is for you, a single, live person and cannot be shared except by a separate written agreement between LegacyArmour and yourself.
  4. You must abide by all laws and not use the service in an illegal manner.
  5. Commission structures, payment details, and the Terms of Service may be modified by LegacyArmour at its sole discretion.
  6. Any new end‐users that sign up while your account is suspended will not be credited to you.
  7. If your account is suspended for more than 3 months, it will be cancelled and all current and future payments due to you will be forfeited.
  8. The TOS contain other restrictions and detail of which you should be aware, and we recommend you read the TOS below in detail.
  9. Access to your LegacyArmour account is restricted to you only. You may not share your account access with any other individual, company, or representative.
  10. You may not add fees to the cost of the LegacyArmour service.
  11. Any marketing or other creative used to promote LegacyArmour must be approved in advance by LegacyArmour.
  12. Any commissions due to an agent will only be paid after receipt of payment by LegacyArmour from the end user.
  13. Any cancellations or refunds of fees by LegacyArmour to an end user within thirty days of payment will be result in an adjustment of commissions due to the agent.
  14. An agent LegacyArmour account may not be rebrokered, sold to another individual or company, or in any way transferred to, accessed, or used by any party other than the agent who is listed on the LegacyArmour account.

18.2. Acceptance of Terms
LegacyArmour LLC (referred to here as “LegacyArmour”) provides its Agent Service to you through its web site located at LegacyArmour.com, LegacyArmour.info, and all subdomains of the same, including third parties that are providing services reflected by or direct to the sites owned and operated by LegacyArmour (the “Site”) and, subject to this Terms of Service agreement and the Terms and Conditions of the main LegacyArmour service which are posted at https://legacyarmour.com/contentpages/termsandcondition (“TOS”).

By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by the TOS. If You are entering into the TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with the TOS, you must not accept the TOS and may not use the Service.

LegacyArmour is providing you the opportunity to earn commissions on the sale of LegacyArmour enduser services by subscribing to LegacyArmour Agent account (“Service”). The services must be maintained in an active status by complying with the TOS and paying the monthly subscription fee, if any. By subscribing to a LegacyArmour Agent account, you are agreeing to be additionally bound by the following terms and conditions (“Terms of Service”).

LegacyArmour reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.

 

18.3. Description of Service

The “Service” includes the Site and all software, data, text, images, sounds, video, and content made available through the Site or services, collectively referred to as the “Content”).

Any new features added to or augmenting the Service are also subject to this TOS.

 

18.4. Access and Use of the Service

Subject to the terms and conditions of this TOS, you may access and use the Service only for your internal business purposes as contemplated by the Agreement. You shall not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS or agreed to in a separate written agreement with LegacyArmour; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.

Subject only to the limited right to access and use the Service expressly granted to you under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to LegacyArmour. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with LegacyArmour, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

You are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of  our login and account and are fully responsible for any and all activities that occur under your login or account.

You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. The system will automatically detect such behavior and you agree that LegacyArmour can charge you an additional monthly fee for it.

LegacyArmour reserves the right to access any or all your LegacyArmour accounts in order to respond to your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data. We will not disclose your data except if compelled by law or if permitted by you.

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve: transmissions over various networks; changes to conform and adapt to technical requirements of connecting networks or devices; and transmission to LegacyArmour’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.

LegacyArmour will use reasonable efforts to publish on the site or notify you of any planned downtime of the Service.

The failure of LegacyArmour to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and LegacyArmour, even though it is electronic and is not physically signed by you and LegacyArmour, and it governs your use of the Service and takes the place of any prior agreements between you and LegacyArmour.

 

18.5. Account Terms

You must be 18 years or older to use this Service.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

You are responsible for maintaining the security of your username and password. LegacyArmour cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

You must not misrepresent yourself or take on the identity of someone else while using this service.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Account and any other remedies available under law. While LegacyArmour prohibits such conduct and Content on the Service, you understand and agree that LegacyArmour cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 

18.6. Payments, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts. All recurring payments are processed by our payment processors Stripe or PayPal. If You do not maintain valid credit card details to LegacyArmour, your account will be suspended and can only be reactivated by submitting Your credit card information.

The Service is billed in advance on a monthly basis and is non‐refundable (pay‐as‐you‐go basis). There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States  (federal or state) taxes.

For any upgrade or downgrade in plan level, your credit card that You provided will automatically be charged the new rate on Your next billing cycle.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account.

LegacyArmour does not accept any liability for such loss.

Commissions earned through the Service shall be paid to the User via electronic funds transfer to the receiving account designated by the user during the sign‐up process or as designated by the user during a profile update or change. If LegacyArmour is unable to transfer funds to the User due to inaccurate account details, LegacyArmour will hold the funds and alert the User. If account details are not corrected within one month after notification, the pending payment will be forfeited.

Commissions will be paid on a monthly basis, the day and time of which shall be at the discretion of LegacyArmour. For commission plans based on a percentage of revenue, the percentage will be calculated after setup, processing, and billing fees have been deducted from the gross revenue.

 

18.7. Cancellation and Termination

You are solely responsible for properly canceling Your account. You can cancel your account at any time by email sent to our support to admin@LegacyArmour.com with a request to cancel account.

LegacyArmour will respond to this email and cancel your account within two business days.

All of your Content (text and files) will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

If you cancel the Service, any commissions payments not paid prior to the date of cancellation and any future commissions, shall be immediately and forever voided or cancelled and no further commissions, or payments will be made to the User by LegacyArmour.

If your account becomes suspended due to LegacyArmour’s inability to charge the user for the subscription fees, any commissions that that should be paid during the suspension shall accrue and be paid to the User after the subscription fees are paid and the account is no longer suspended. If an account is suspended for more than three months, the account will be abandoned and closed with the same terms and conditions as if the User had requested that the account be cancelled. Any new end user accounts which are established during the suspended period will not be credited to the User.

If LegacyArmour cancels a User’s account for violation of these TOS, the User’s account will be abandoned and closed with the same terms and conditions as if the User had requested that the account be cancelled.

LegacyArmour, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other LegacyArmour service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

LegacyArmour reserves the right to refuse service to anyone for any reason at any time.

 

18.8. Modifications to The Service and Prices

LegacyArmour reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice and refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if LegacyArmour believes that you have violated these TOS.

LegacyArmour will use all reasonable efforts to contact you directly via email or phone to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the LegacyArmour Site (www.LegacyArmour.com) or the Service itself.

LegacyArmour shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

18.9. General Conditions

Your use of the Service is at Your sole risk. The service is provided on an “as is” and “as available” basis.

You may use the marketing material provided by LegacyArmour to promote the services.  No additions, deletions, or edits may be made to the LegacyArmour supplied marketing material, whether that material is in hardcopy or digital form, with the express permission of LegacyArmour, not including the addition of your personal logo or contact information.  Likewise, no marketing material not provided by LegacyArmour may be used to promote or advertise LegacyArmour without LegacyArmour permission.

Technical support is only provided to paying account holders and is only available via email, phone and online chat during business days 8:00 – 16:00 United States Central Time, with appropriate Daylight Savings offset.

You understand that LegacyArmour uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, LegacyArmour, or any other LegacyArmour service.

You may not reverse engineer or reuse source code that is in public view. This includes any and all JavaScript.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the permission by LegacyArmour.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any LegacyArmour customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email or “spam” messages. This also includes Opt‐in Opt‐out mail programs. We have the right to stop your account if these rules are broken.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage exceeds monthly limit, or significantly exceeds the average bandwidth usage, we reserve the right to immediately suspend your account or throttle your file hosting until you can reduce your bandwidth consumption or upgrade your account.

LegacyArmour does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error‐free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

You expressly understand and agree that LegacyArmour shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LegacyArmour has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

The failure of LegacyArmour to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LegacyArmour and govern your use of the Service, superseding any prior agreements between you and LegacyArmour (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to Admin@LegacyArmour.com.