Effective: August 30, 2022
Last Update: August 2022
WHAT IS THE WEBSITE?
WHO IS ELIGIBLE TO USE THE WEBSITE?
By visiting the Website, you represent and warrant as follows:
- You are at least eighteen (18) years old and are otherwise legally qualified to enter into and form contracts under applicable law; and
HOW WILL LEGACY HEALTH STRATEGIES NOTIFY YOU OF CHANGES TO THESE TERMS?
With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, Legacy Health Strategies reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will post a revised version on the Website. If you continue to use the Website after we have posted a revised version of the Terms, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Website.
WHO OWNS THE WEBSITE AND PERSONAL DATA?
Website Ownership and Use.
Legacy Health Strategies owns the Website. You may not use Legacy Health Strategies’ name, trademarks, service marks, or logos in any advertising or publicity or to otherwise indicate Legacy Health Strategies’ sponsorship or affiliation with any product or service without express written permission from Legacy Health Strategies.
Personal Data Ownership and Use.
You own your Personal Data and any other information you submit on or through the Website. If you are entering someone else’s information into the Website, you represent and warrant that you have permission to do so.
WHAT ARE YOU NOT ALLOWED TO DO WITH THE WEBSITE?
You may use the Website only for lawful purposes and in accordance with these Terms. While using the Website, you shall not:
- Use the Website in any manner not permitted by these Terms;
- Impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity;
- Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Website for any use, including, without limitation, use on third-party websites, without our consent;
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
- Violate any applicable federal, state, local, or international law or regulation;
- Attempt to probe, scan, or test the vulnerability of the Website or any associated system or network, or breach security or authentication measures without proper authorization;
- Interfere or attempt to interfere with the use or functionality of the Website by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Website;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, you, or any other third-party (including another user) to protect the Website;
- Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Website;
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website; or
- Encourage or enable any other individual to do any of the above.
HOW DOES LEGACY HEALTH STRATEGIES PROTECT YOUR PRIVACY?
COMPUTER EQUIPMENT AND INTERNET ACCESS
You are responsible for obtaining, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems“) necessary for you to access and use the Website. You are responsible for the data security of the Systems used to access the Website and for the transmission of information using such Systems. YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET.
THIRD PARTIES AND THIRD-PARTY SITES
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. LEGACY HEALTH STRATEGIES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LEGACY HEALTH STRATEGIES MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
YOU ACKNOWLEDGE THAT LEGACY HEALTH STRATEGIES CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN LOSS OF DATA, OR OTHER WEBSITE INTERRUPTIONS.
Your Responsibility for Loss or Damage.
YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD LEGACY HEALTH STRATEGIES RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU. LEGACY HEALTH STRATEGIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES AS A RESULT OF YOUR USE OF THE WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE WEBSITE.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LEGACY HEALTH STRATEGIES AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
PROVIDING FEEDBACK TO LEGACY HEALTH STRATEGIES
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website (“Feedback”). You may submit Feedback by e-mailing us at email@example.com. You agree that if you submit any Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
You agree that any dispute between you and Legacy Health Strategies arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This dispute resolution section may be modified by written agreement between you and Legacy Health Strategies.
Informal Dispute Resolution.
Before filing a claim against Legacy Health Strategies, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. Most user concerns can be resolved quickly and to your satisfaction through email. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below.
In the unlikely event that our team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Arbitration Association (“AAA”).
You and Legacy Health Strategies agree to employ one (1) arbitrator. If the parties cannot agree on the arbitrator, then each party will select one arbitrator and those two arbitrators will choose the official arbitrator of the dispute. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Location of Arbitration – You or Legacy Health Strategies may initiate arbitration in either Wilmington, Delaware or the federal judicial district that includes your billing address. If you select the federal judicial district that includes your billing address, Legacy Health Strategies may transfer the arbitration to Wilmington, Delaware in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
No Class Action Lawsuits or Arbitrations
YOU MAY ONLY RESOLVE DISPUTES WITH LEGACY HEALTH STRATEGIES ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.
Opt Out of Alternative Dispute Resolution Process.
Notwithstanding the above, you or Legacy Health Strategies may choose to pursue a dispute in court and not by arbitration if YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of arbitration by mailing written notification to Legacy Health Strategies at 3840 Via de la Valle, Suite 100, Del Mar, CA 92014. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Legacy Health Strategies through arbitration. Your decision to opt-out of arbitration will have no adverse effect on your relationship with Legacy Health Strategies. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration.
Payment of Arbitration Fees and Costs – You and Legacy Health Strategies shall each pay 50% of all arbitrator costs, expenses, and fees incurred in connection with arbitrating under these Terms.
GENERAL CONTRACT TERMS
These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without Legacy Health Strategies’ prior written consent. Legacy Health Strategies may assign or transfer these Terms, at its sole discretion, without restriction.
Any notices or other communications permitted or required under these Terms will be in writing and given: (i) by Legacy Health Strategies via email (in each case to the address that you provide); and/or (ii) by posting to the Website. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Legacy Health Strategies electronically satisfies any legal requirement that such notice be in writing. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH LEGACY HEALTH STRATEGIES IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to Legacy Health Strategies by email to: email@example.com. Notice to Legacy Health Strategies shall be effective upon receipt of notice by Legacy Health Strategies.
No Inadvertent Waiver.
The failure of Legacy Health Strategies to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Legacy Health Strategies.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force.
Intellectual Property Rights.
As between you and us, all right, title, and interest, including all intellectual property rights, in the Website, any related materials, logos, products, and documentation, and any other property or materials furnished or made available on the Website belong to and are retained solely by Legacy Health Strategies or its licensors, vendors, and affiliates, as applicable.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contacting Legacy Health Strategies.
Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at firstname.lastname@example.org, or at our mailing address:
Legacy Health Strategies
3840 Via de la Valle, Suite 100
Del Mar, CA 92014