Terms of Use
THE USE OF THIS SITE IS SUBJECT TO THESE TERMS.
By using the My Legacy, LLC website (the “Site”) or any My Legacy, LLC applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user; “we”, “us” and “our” refer to My Legacy, LLC and “Services” refers to all services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications or Forms. We may revise these Terms of Use at any time without notice to you.
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS AND THE SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms of Use require the acceptance of binding arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Please also refer to the My Legacy, LLC Privacy Policy which is incorporated herein by reference.
My Legacy, LLC provides an online portal to give visitors access to the Applications and Services provided by us. Customer need not download or even license My Legacy, LLC software. At no time do we review your answers to our interactive forms (the “Forms”) for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. My Legacy, LLC is not a law firm and may not perform services performed by an attorney. My Legacy, LLC, its Services, and its Forms are not a substitute for the advice or services of an attorney or a financial adviser.
My Legacy, LLC strives to keep its Forms and Applications current and up-to-date. However, because the unique situation of some Site visitors, My Legacy, LLC cannot guarantee that all of the information on the Site or Applications is completely applicable to all cases. The contents and configuration of every estate is a personal matter, and no general information or tool like the kind My Legacy, LLC provides can fit every circumstance. Furthermore, the information contained on the Site and Applications is not legal advice and is not offered for the purposes of estate planning. Therefore, if you need legal advice, or if your specific situation is too complex to be addressed by our tools, you should consult a licensed attorney or an estate planner.
1. Privacy Policy. My Legacy, LLC respects your privacy and permits you to control the treatment of your personal information. A complete statement of My Legacy, LLC’s current Privacy Policy can be found by clicking here. My Legacy, LLC’s Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and a secure password, containing a minimum of 12 characters and including numbers, symbols, capital letters and lower-case letters. You are entirely responsible for maintaining the confidentiality of your secure password. You may not use a third party’s account, user name or password at any time. You agree to notify My Legacy, LLC immediately of any unauthorized use of your account, user name or secure password. My Legacy, LLC shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by My Legacy, LLC, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
In connection with the use of certain My Legacy, LLC services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant My Legacy, LLC a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information SOLELY for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by My Legacy, LLC at any time by removing your personal information from the applicable service or by requesting, in writing, the removal of such information.
2. Ownership. This Site and Applications are owned and operated by My Legacy, LLC. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by My Legacy, LLC or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by My Legacy, LLC, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of My Legacy, LLC’s intellectual property rights, whether by estoppel, implication or otherwise. My Legacy, LLC does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by My Legacy, LLC. Any rights not expressly granted herein are reserved by My Legacy, LLC.
3. Limited Permission to Download. My Legacy, LLC hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable documents for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than My Legacy, LLC (each a “Third Party Site”). My Legacy, LLC may work with a number of partners and affiliates whose sites are linked with My Legacy, LLC. My Legacy, LLC may also provide links to other citations or resources with whom it is not affiliated. My Legacy, LLC is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. My Legacy, LLC makes no guarantees about the content or quality of the products or services provided by such sites. My Legacy, LLC is not responsible for webcasting or any other form of transmission received from any Third Party Site. My Legacy, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by My Legacy, LLC of the Third Party Site, nor does it imply that My Legacy, LLC sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that My Legacy, LLC is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Use of My Legacy, LLC Forms. On our Site, through our Applications, and through certain partners, we offer self-help “fill in the blank”, interactive forms. If you buy a form that resides in one of our partners’ computers, you will be directed to that partner’s website and their terms of use will control. If you buy or download a form on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law nor investment advice, and that each form and any applicable instructions or guidance may not be fully applicable to your specific needs.
6. Fees. Registered users may purchase the Services offered by My Legacy, LLC using one of the authorized payment methods. Fees may be changed without notice. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically cancel your order until your designated payment method can be charged. Please note that it is your responsibility to provide current billing information to My Legacy, LLC.
7. License to Use. My Legacy, LLC grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications needed for your authorized use. You shall not remove any copyright notice from any Form.
8. DISPUTE RESOLUTION BY BINDING ARBITRATION Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our Customer Care Center at customercare@mylegacyreports.com. In the unlikely event that the My Legacy, LLC Customer Care Center is unable to resolve your complaint to your satisfaction (or if My Legacy, LLC has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. The arbitrator shall apply the same limitations period that would apply in court.
9. Additional Terms. Some My Legacy, LLC Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and time limits to your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
10. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through Applications, My Legacy, LLC may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
11. Rights and Responsibilities of My Legacy, LLC. My Legacy, LLC is not the publisher or author of the User Content. My Legacy, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, My Legacy, LLC takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If My Legacy, LLC’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, My Legacy, LLC reserves the right to delete those files or to stop those processes. If My Legacy, LLC’s technical staff suspects a user name is being used by someone who is not authorized by the proper user, My Legacy, LLC may temporarily disable that user’s access in order to preserve system security. In all such cases, My Legacy, LLC will contact the member as soon as feasible.
My Legacy, LLC has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
You are legally and ethically responsible for any User Content—writings, files, pictures or any other work—that you post or transmit using any My Legacy, LLC service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
- that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
- that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
- that contains any computer virus, worms, or other potentially damaging computer programs or files;
- that otherwise violates these Terms of Use.
Site visitors that submit User Content and provide advice do so at their own risk.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant My Legacy, LLC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
Submitted ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that My Legacy, LLC may use your email address to contact you about the status of your review and other administrative purposes.
12. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW. MY LEGACY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MY LEGACY, LLC MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. MY LEGACY, LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
13. LIMITATION OF LIABILITY AND INDEMNIFICATION.EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD MY LEGACY, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS TERMS OF USE AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MY LEGACY, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MY LEGACY, LLC, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. Unsolicited Submissions. Except as may be required in connection with your use of My Legacy, LLC Services, My Legacy, LLC does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to My Legacy, LLC through or in association with this Site shall be considered non-confidential and My Legacy, LLC’s property. By providing such submissions to My Legacy, LLC you hereby assign to My Legacy, LLC, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. My Legacy, LLC shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
15. Compliance with Intellectual Property Laws. When accessing the Site or using the My Legacy, LLC document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your My Legacy, LLC user account.
My Legacy, LLC has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of My Legacy, LLC or of a third party or that violate intellectual property rights generally. My Legacy, LLC’s policy is to remove such infringing content or materials and investigate such allegations immediately.
16. Copyright Infringement:
a. Notice of infringement. My Legacy, LLC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. My Legacy, LLC has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of My Legacy, LLC or of a third party, or otherwise violated any intellectual laws or regulations. My Legacy, LLC’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want My Legacy, LLC to delete, edit, or disable the material in question, you must provide My Legacy, LLC with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit My Legacy, LLC to contact you, such as an address, telephone number, and, if available, email address; (v) A statement that you have 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; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our Copyright Agent:
Copyright Agent
My Legacy, LLC
2324 Wellesley Ct.
Naperville, IL 60564
b. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (i) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (ii) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; (iii) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Chicago, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and (iv) Your physical or electronic signature. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at My Legacy, LLC’s sole discretion.
17. Inappropriate Content. When accessing the Site, any Applications, or using My Legacy, LLC’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (iii) advertises or otherwise solicits funds or is a solicitation for goods or services. My Legacy, LLC reserves the right to terminate or delete such material from its servers. My Legacy, LLC will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
18. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
19. Personal Use. The site is made available for your personal use on your own behalf.
20. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
21. Non-English-Speaking Customers. Non-English translations, if any, of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
22. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in section 8 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
23. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, My Legacy, LLC. ALL RIGHTS RESERVED.
24. Trademarks. My Legacy, LLC logo, all images and text, and all page headers and custom graphics are service marks, trademarks and/or trade dress of My Legacy, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
25. Inquiries. BY USING MY LEGACY, LLC’S SERVICES OR ACCESSING THE MY LEGACY, LLC SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO MY LEGACY, LLC VIA THE MY LEGACY, LLC SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO MY LEGACY, LLC, AND THAT MY LEGACY, LLC MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS, TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE.
26. Right to Refuse.You acknowledge that My Legacy, LLC reserves the right to refuse service to anyone and to cancel user access at any time.
27. Acknowledgement. BY USING MY LEGACY, LLC’S SERVICES OR ACCESSING THE MY LEGACY, LLC SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.