Terms and Conditions
The following constitutes the Term and Conditions (“Terms and Conditions”) between you (“You”, “Your”, “User”, “Purchaser”) and LegacyChamp, Inc. dba LegacyChamp with respect to the use of LegacyChamp.com (the “Site”). The Company operates the Site as a statistical tracking service where Users can track and share personal fitness data and as an online marketplace whereby local retailers and merchants can market promotional discount offerings of their products and services to Users.
By accessing, using, posting, or downloading any Content on this Site or otherwise using the LegacyChamp service, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access this Site, use or download Content from this Site or otherwise use the LegacyChamp Service. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access the Site.
IF YOU DO NOT AGREE WITH ANY PART OR PORTION OF THE TERMS AND CONDITIONS CONTAINED HEREIN YOU MUST NOT USE THIS SITE. BY ACCESSING, BROWSING AND/OR USING THE SERVICES PROVIDED BY THIS SITE, A USER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE LEGACYCHAMP USER REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THE LEGACYCHAMP TERMS AND CONDITIONS OF USE, AND IDENTIFIED AFFILIATED AGREEMENTS, GUIDELINES AND POLICIES (COLLECTIVELY, THE "AGREEMENT"). IF A USER DOES NOT CONSENT TO THE AGREEMENT, THEN LEGACYCHAMP REQUIRES THAT SUCH USER CEASE USING THE SITE IMMEDIATELY.
1. Description of LegacyChamp Service. The LegacyChamp service comprises, among other things, fitness tools, mobile device applications, social networking components, discussion forums, community groups, personal profile pages, text, surveys, audio-visual works, communications, content, information, communications, postings, editorial, samples, materials, products, services, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively, the “Content”). Additionally, the LegacyChamp service allows Users to purchase vouchers from featured merchants ("Merchants") on the Site offering discounted products and services (the "Promotional Offer"). The Merchant's Promotional Offer may contain conditions required for the transaction to be effective including, requirements for a minimum number of consumer purchases by a specified time as well as other restrictions stated in the Promotional Offer (the "Conditions"). By submitting a bid, you are committing to purchase the vouchers on the terms specified and that such commitment is not cancelable by you unless the Conditions are not met, in which case, the entire transaction will be void and neither you nor the Merchant will be obligated to proceed further. Your credit card will be automatically charged for the stated price on the Promotional Offer once the Conditions have been satisfied without further notice or required consent from you. If the Conditions of the Promotional Offer are not satisfied, you will be notified that the proposed transaction is void. Vouchers will be sent to you electronically with a specific redemption code which must be printed and returned to the Merchant for redemption. Once a redemption code is used by you (or if it expires as per the terms of the Promotional Offer), it will no longer be valid.
2. Disclaimer. THE COMPANY SHALL NOT RESPONSIBLE FOR THE PROMOTIONAL OFFERS MADE BY THE MERCHANTS AND IS ONLY ACTING AS A MARKETING SERVICE. THE MERCHANT IS THE SELLER OF RECORD FOR THE VOUCHERS AND UNDERLYING PRODUCTS AND SERVICES TO BE REDEEMED. IN NO WAY SHALL YOU CONSIDER THE COMPANY AN AGENT, DISTRIBUTOR OR RESELLER OF THE PROMOTIONAL OFFER. YOUR SOLE RECOURSE REGARDING ISSUES OR PROBLEMS WITH THE PROMOTIONAL OFFER, DEFECTS IN THE PROMOTIONAL OFFER, OR BREACH OF WARRANTY CLAIMS SHALL BE DIRECTED SOLELY TO THE MERCHANT FROM WHICH YOU HAVE MADE THE PURCHASE. THE COMPANY MAKES NO WARRANTIES OR ENDORSEMENT OF THE MERCHANTS OR THEIR RESPECTIVE PROMOTIONAL OFFERS AND IS SOLELY ACTING AS A MARKETING SERVICE. THE COMPANY FURTHER DISCLAIMS ALL WARRANTIES OF QUALITY, SAFTEY, USABILITY, MERCHANTIBILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU THROUGH PURCHASED VOUCHERS. YOU ARE USING THE MERCHANT'S PRODUCTS AND SERVICES AT YOUR SOLE RISK.
3. Representations and Warranties of User. BY USING LEGACYCHAMP OR THE SERVICES, A USER THEREFORE AGREES, REPRESENTS AND WARRANTS THAT HE OR SHE IS 18 YEARS OR OLDER; PROVIDED, HOWEVER, THAT IF THE USER IS 14 OR OLDER BUT UNDER THE AGE OF 18, THEN SUCH USER AGREES TO REVIEW THE AGREEMENT WITH HIS OR HER PARENT(S) OR GUARDIAN(S) TO ENSURE THAT BOTH THE USER AND PARENT(S) OR GUARDIAN(S) UNDERSTAND AND CONSENT TO THE AGREEMENT AND THAT THE USER AND HIS OR HER PARENT(S) OR GUARDIAN(S) REVIEW AND ACCEPT THE AGREEMENT ON THE USER'S BEHALF THROUGH THE LEGACYCHAMP REGISTRATION PROCESS. IF THE READER OF THE AGREEMENT IS A PARENT OR GUARDIAN ENTERING THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 14, THEN HE OR SHE AGREES AND ACCEPTS FULL RESPONSIBILITY FOR HIS OR HER CHILD'S USE OF LEGACYCHAMP AND THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT SUCH CHILD MAY INCUR.
5. LegacyChamp Usage Rules. A USER UNDERSTANDS AND HEREBY ACKNOWLEDGES AND AGREES THAT HE OR SHE MAY NOT, AND WARRANT THAT HER OR SHE WILL NOT:
use the Services or any personal information or location information displayed on or within LegacyChamp to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;
use LegacyChamp or the Services if he or she is under the age of 14 years old;
include offensive or pornographic materials on or in his or her LegacyChamp personal profile pages;
use LegacyChamp or the Services for any commercial or non-private use, it being understood that LegacyChamp and the Services are to be employed for personal, non-commercial use only;
fail to deliver payment for any Paid Services;
use LegacyChamp or the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of LegacyChamp. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the LegacyChamp accounts of other Users;
share LegacyChamp-issued passwords or any other means of access to a mobile device while any Service is running and accessible with any third party or encourage any other User(s) to do so;
misrepresent the source, identity or content of information transmitted via LegacyChamp;
remove, circumvent, disable, damage or otherwise interfere with: (i) the security-related features of LegacyChamp or the Services; (ii) the features of LegacyChamp and the Services that prevent or restrict use or copying of any content accessible through the LegacyChamp; or (iii) the features of LegacyChamp and the Services that enforce limitations on use of the Services;
intentionally interfere with, or damage operation of LegacyChamp or the Services, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property right of the a third party;
attempt to gain unauthorized access to LegacyChamp or the Services, other accounts, computer systems or networks connected to LegacyChamp, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of LegacyChamp or any activities conducted on LegacyChamp;
use any robot, spider, scraper or other automated means to access LegacyChamp for any purpose without LegacyChamp's express written permission or bypass LegacyChamp's robot exclusion headers or other measures we may use to prevent or restrict access to LegacyChamp or modify LegacyChamp in any manner or form, nor to use modified versions of LegacyChamp, including (without limitation) for the purpose of obtaining unauthorized access to LegacyChamp; or
sell or transfer or allow another person to access his or her account passwords, profiles, or LegacyChamp accounts.
6. Suspension of Service. LEGACYCHAMP RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE LEGACYCHAMP'S SYSTEMS MONITOR ANY USER'S REGISTRATION OR SOCIAL NETWORKING ACTIVITIES (INCLUDING INVITING A FELLOW USER INTO A NETWORK OF FRIENDS), AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, LEGACYCHAMP ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO LEGACYCHAMP, ITS SERVICES, THE PERSONAL AND/OR LOCATION INFORMATION, OR THE PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.
A User is solely responsible for his or her involvement with other Users. LegacyChamp reserves the right, but has no obligation, to monitor disagreements between any Users.
LegacyChamp does not control the content of User Accounts and profiles and does not have any obligation to monitor such content for any purpose. Users acknowledge that they are solely responsible for all content and material that THEY PROVIDE TO LEGACYCHAMP. MOREOVER, LEGACYCHAMP RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
he or she is solely responsible for the transmission, accuracy, completeness, and publication of that User Content;
he or she controls all of the rights to that User Content and that it neither does nor will infringe or violate the rights of any third party; and
LegacyChamp bears no responsibility, legal or otherwise, for that User Content.
8. Prohibited User Content. A User may not post Content on LegacyChamp.com that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
involves commercial activities and/or sales without LegacyChamp's prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights;
or contains a virus or other harmful component.
9. User Accounts And User Contents. A User is responsible for all User Content posted under his or her account on LegacyChamp.com, and for adjusting those account settings, specifically User Privacy Settings, that permit him or her to display User Content on the Site. Posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to said User Content. LegacyChamp will make reasonable efforts to prevent User Content from disclosure that exceeds the account settings selected by a User, but LegacyChamp cannot guarantee that User Account settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and LegacyChamp will not be liable for such chance disclosures. Upon a User's termination of his or her account, he or she may request that LegacyChamp completely "purge" the User Account, including the deletion of any and all User Content previously submitted by that User. LegacyChamp will in turn undertake reasonable efforts to ensure that a User Account and LegacyChamp is completely purged of User Content, subject to the limitation that LegacyChamp may not be able to fully delete all User Content, specifically any User Content posted in LegacyChamp forums, community groups, on other User pages. LegacyChamp therefore directs that a User exercise good judgment when he or she posts User Content to LegacyChamp forums, community groups, or on other User pages, and refrain from posting sensitive material. In addition, LegacyChamp cannot wholly purge health index related User Content upon the deletion of a User Account. We will, however, make that information anonymous upon the termination of a User Account.
10. Ownership Rights in User Content. When a User transmits or otherwise supplies User Content to LegacyChamp, or otherwise makes User Content available on or through LegacyChamp.com, he or she expressly grants LegacyChamp a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with LegacyChamp or the promotion thereof.
In addition, LegacyChamp obtains a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from User Content, display User Content, in whole or in part, and/or to incorporate User Content in other works in any form, media or technology, and a User agrees that any "moral rights" in that User Content have been waived. Moreover, when a User posts User Content to LegacyChamp.com, he or she authorizes and directs LegacyChamp to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content.
The rights held by LegacyChamp relative to User Content, as delineated above, are, however, subject to the limitation that should LegacyChamp seek to make use of certain User Content--namely a User's image--for explicit commercial or advertising purposes, LegacyChamp will make a reasonable effort to secure consent from that User for that specific purpose.
11. Ownership Rights of LegacyChamp Content. LegacyChamp is the sole owner of all LegacyChamp Content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. Except as expressly permitted, a User may not download, copy, or save any LegacyChamp Content or any portion of it. Except as expressly permitted the User may not modify, copy, publish, display, transmit, adapt or in any way exploit the LegacyChamp Content without the prior written permission of LegacyChamp.
12. Content is Not Medical Advice. LEGACYCHAMP CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD A USER HAVE ANY HEALTHCARE RELATED QUESTIONS, HE OR SHE SHOULD CONTACT HIS OR HER PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY AND IN ADVANCE OF HIS OR HER USE OF LEGACYCHAMP AND THE SERVICES. ANY LEGACYCHAMP CONTENT, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY LEGACYCHAMP OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, (B) A VISIT, CALL OR CONSULTATION WITH A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. A USER THEREFORE SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY LEGACYCHAMP CONTENT AND A USER SHOULD NOT EMPLOY CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. FURTHER, THE TRANSMISSION AND RECEIPT OF LEGACYCHAMP CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN LEGACYCHAMP AND A USER. THE USER SHOULD CONSULT A PHYSICIAN BEFORE USING THE SERVICES AND USES THE SERVICES AT HIS OR HER OWN RISK.
13. Mobile Services. LegacyChamp offers certain mobile device applications and services, including but not limited to the LegacyChamp iPhone and Android applications (collectively the "Mobile Services"). To use or otherwise access the Mobile Services, a User must have a mobile device that is compatible with LegacyChamp. LegacyChamp does not warrant that the Mobile Service will be compatible with a given User's mobile device.
LegacyChamp does not charge Users for LegacyChamp's Mobile Services; however, a User may incur some fees in his or her use of select LegacyChamp Mobile Services. Further, a wireless carrier's normal messaging, data and other rates and fees will still apply. A User should therefore check with his or her carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by a User's carrier, and not all Mobile Services may work with all carriers or devices. Therefore, a User should check with his or her carrier to find out if the Mobile Services are available for his or her mobile device, and what restrictions, if any, may be applicable to his or her use of such Mobile Services.
By using the Mobile Services, a User agrees that LegacyChamp may communicate with him or her regarding LegacyChamp by SMS, MMS, text message or other electronic means directed to his or her mobile device and that certain information about his or her usage of the Mobile Services may be communicated to LegacyChamp. In the event a User changes or deactivates his or her mobile device telephone number, said User agrees to promptly update his or her LegacyChamp account information to ensure that messages are not sent to the person that acquires said User's old phone number.
14. User License to Use LegacyChamp Services. LegacyChamp hereby grants a User a non-exclusive, non-transferable, revocable license to use LegacyChamp's Mobile Services as follows:
A User may employ the Mobile Services with one LegacyChamp account (a "User Account"). A User Account is comprised of the shared resources accessible by a single login ID) on one mobile device owned or leased solely by the associated User, for such User's personal use. A User may not:
Modify, disassemble, decompile or reverse engineer the Mobile Services, except to the extent that such restriction is expressly prohibited by law;
Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Services to any third party or use the Mobile Services to provide time sharing or similar services for any third party;
Make any copies of the Mobile Services;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Services, features that prevent or restrict use or copying of any content accessible through the Mobile Services, or features that enforce limitations on use of the Mobile Services; or
delete the copyright and other proprietary rights notices on the Mobile Services. A User acknowledges that LegacyChamp may from time to time issue upgraded versions of the Mobile Services, and may automatically electronically upgrade the version of the Mobile Services that a User employs on his or her mobile device. A User consents to such automatic upgrading on his or her mobile device, and agrees that the Terms and Conditions of Use and Guidelines (and any additional modifications of the same) will apply to all such upgrades. With respect to any open source or third-party code that may be incorporated in the Mobile Services, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant under the Terms and Conditions is not a sale of the Mobile Services or any copy thereof and LegacyChamp or its third party partners or suppliers retain all rights, title, and interest in the Mobile Services (and any copy thereof). Any attempt by a User to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in the Agreement, is void. LegacyChamp reserves all rights not expressly granted under the Agreement.
15. Disclaimer of General Warranties. THE SERVICES, INCLUDING THE MOBILE SERVICES, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH LEGACYCHAMP ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. LEGACYCHAMP, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION LEGACYCHAMP'S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
LEGACYCHAMP AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION LEGACYCHAMP'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT LEGACYCHAMP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, LEGACYCHAMP, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION LEGACYCHAMP'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. A USER (AND NOT LEGACYCHAMP OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.
16. Miscellaneous Disclaimers. LegacyChamp further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of any and all information or material provided in connection with, or by the Services, any search results generated by or through the Services, or displayed and/or presented. LegacyChamp also disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any and all information or material, including LegacyChamp content and user content.
A USER UNDERSTANDS AND AGREES THAT WHEN HE OR SHE DOWNLOADS OR OTHERWISE OBTAINS MATERIAL OR DATA VIA THE SERVICES, OR OTHERWISE USES THE SERVICES, HE OR SHE DOES SO AT HIS OR HER OWN DISCRETION AND RISK. ACCORDINGLY, LEGACYCHAMP DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM TO A USER THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH LEGACYCHAMP, THE SERVICES, OR THE AFFILIATED WEBSITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO A GIVEN USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND HE OR SHE MIGHT HAVE ADDITIONAL RIGHTS.
17. Indemnification. A User agrees to indemnify, defend, and hold LegacyChamp, and its suppliers and partners (including, without limitation, LegacyChamp's wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) the use or misuse of any User's personal information and location information, or the Services generally, (b) any violation of the rights of any other person or entity by User, (c) any breach or violation by a User of LegacyChamp, or (d) a User's employment of the Services to meet another User in-person or to locate and attend any offline place or event.
LegacyChamp reserves the right, at a given User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify LegacyChamp, and said User agrees to cooperate with LegacyChamp's defense of these claims.
18. Limitation of Liability and Damages. A USER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL LEGACYCHAMP, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, LEGACYCHAMP'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO ANY USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER'S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) A USER'S ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE MOBILE SERVICES, OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH LEGACYCHAMP OR ANY OTHER USER OF THE SERVICES, EVEN IF LEGACYCHAMP OR A LEGACYCHAMP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON LEGACYCHAMP OR ITS AFFILIATED WEBSITES AND OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY LEGACYCHAMP, THE AFFILIATED WEBSITES, OR THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON LEGACYCHAMP, THE AFFILIATED WEBSITES, THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY LEGACYCHAMP, THE AFFILIATE WEBSITES, OR THE SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF LEGACYCHAMP OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO LEGACYCHAMP, ITS AFFILIATED WEBSITES, OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall LegacyChamp be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
IN NO EVENT SHALL LEGACYCHAMP’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, LEGACYCHAMP'S WIRELESS CARRIER PARTNERS) TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OR A USER'S EMPLOYMENT OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY A USER FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF SAID USER'S CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER. A USER FURTHER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OF USE, AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO A SPECFIC USER. SAID USER, HOWEVER, AGREES THAT LEGACYCHAMP'S LIABILITY WILL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
19. Digital Millennium Copyright Act Compliance. It is LegacyChamp's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, LegacyChamp will promptly terminate without notice the accounts of Users that are determined by LegacyChamp to be Repeat Infringers. A Repeat Infringer is a User who has been notified by LegacyChamp of infringing activity violations more than twice and/or who has had User Content removed from LegacyChamp more than twice. Copyright owners who believe that any content on LegacyChamp infringes upon their copyrights are encouraged to submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). Said notification should be sent to LegacyChamp and include the following in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable LegacyChamp Service are covered by a single notification, a representative list of such works on the applicable LegacyChamp Service;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LegacyChamp to locate the material;
Information reasonably sufficient to permit LegacyChamp to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
A copyright owner acknowledges that if he or she fails to comply with all of the requirements of this section, his or her DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
20. Returns. All returns of underlying redeemed products and services shall be conducted through the Merchant. The Company may, in its sole discretion, investigate any complaints by end users, but will not be financially responsible to refund payments.
21. Data Back-Up; Site Downtime; Security. LegacyChamp is not responsible for backing up your voucher data or other type of data attributed to your use of the Services. The right to use this Site is personal to you and is not transferable to any other person or entity. You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the LegacyChamp's control, and LegacyChamp shall not be responsible for any data lost while transmitting information on the Internet. Additionally, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance.
LEGACYCHAMP DOES NOT GUARANTEE THAT YOUR ACCESS TO THIS SITE WILL NOT BE UNINTERRUPTED AND ERROR-FREE, OR THAT IT WILL MAINTAIN DATA LOGS ON ALL VOUCHERS PURCHASED BY YOU. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL VOUCHER INFORMATION, INCLUDING REDEMPTION CODES, AND EXPRESSLY AGREE THAT LEGACYCHAMP WILL HAVE NO LIABILITY WITH RESPECT TO LOST VOUCHER CODES.
22. Jurisdiction. A User agrees that any action at law or in equity arising out of or relating to the Agreement or the Services shall be filed only in the state or federal courts in and for the County of Suffolk in the State of Massachusetts, and he or she consents and submits exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Alternatively, either LegacyChamp may demand that any dispute or claim between LegacyChamp and said User concerning matters covered under the Agreement or the Services be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA"). If arbitration is demanded by LegacyChamp, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in Massachusetts, in order to resolve the applicable dispute or claim; provided that the foregoing shall not prevent LegacyChamp from seeking injunctive relief in a court of competent jurisdiction.
23. Governing Law. The Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of law.
24. Entire Agreement. These Terms and Conditions of Use (and any related Guidelines of the character detailed above) constitute the entirety of the agreement between LegacyChamp and Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.