Terms of service

BEFORE USING OR ACCESSING THIS WEBSITE LOCATED AT WWW.LEGACYWOMEN.COM (THE “WEBSITE”), PLEASE READ THESE TERMS OF USE INCLUDING OUR PRIVACY POLICY WHICH IS HEREBY INCORPORATED HEREIN BY THIS REFERENCE CAREFULLY. By using or accessing this Website, you acknowledge and consent to the Terms of Use/Privacy Policy stated herein. Please immediately discontinue use of this Website in the event you not agree to the stated Terms of Use/Privacy Policy stated herein.

This Website provides general information about The Legacy Group LLC (“The Legacy Group”) and its services. The Legacy Group specifically reserves the right to delete, modify, or supplement the content on this Website for any reason or at any time without prior notification to you. The Legacy Group makes reasonable efforts to include accurate and up-to-date information on this Website. Should you violate the Terms of Use/Privacy Policy stated herein, The Legacy Group specifically reserves the right to bar you from future use of the Website and/or take any appropriate legal action against you for any violations.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website. You further agree not to use any automatic device, robot, spider or manual process to monitor or copy the pages of this Website or the content contained thereon or to access or capture data for any other unauthorized purpose.

Linking

The Legacy Group reserves the right to automatically terminate without notice any and all unauthorized links or any approved links which thereafter contain infringing or dilutive content or obscene, defamatory or disparaging content. Third party links or references provided to other Websites on the Website are provided solely as a convenience to you and shall not be considered or construed as an endorsement, representation(s) or promotion by The Legacy Group. Any use by you of the same is done at your own risk since The Legacy Group has not reviewed these linked sites nor any content, privacy policies or terms of use relating thereto.

All materials and content on this Website are presented solely for the purpose of promoting The Legacy Group and its services in the United States. Information published herein may contain references to products and/or services that are available outside of the United States and therefore, inapplicable to you.

Trademarks/Copyrights

All trademarks found on this site are either registered or unregistered trademarks of The Legacy Group or trademark of others used with permission. Without the express written permission of the owner of any trademark, nothing contained on this Website site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed.

All binary files, graphics, logos, images, sounds and text published on this Website are the sole and exclusive property of The Legacy Group or used with permission. The material on this site is designed for your noncommercial personal use and you may download one (1) copy of each page from the Website only for your own personal use provided that:

1. a notice is affixed to any copies distributed or printed so that the information contained therein indicates that pages were copied from this Website;
2. a copyright notice, namely, “© Copyright 2009 The Legacy Group, LLC - All Rights Reserved” appears on all copies;
3. the use of the information is for non-commercial personal or third party usage only;
4. the information is not altered in any manner;
5. any graphics and/or images from this Website are not used separately from the accompanying text; and
6. each copy of any page from this Website shall retain all headers and footers and include any copyright, trademark or other proprietary notices contained thereon.

You are otherwise prohibited from duplicating, copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from this Website. Nothing contained herein shall be construed as conferring any license or right to use any intellectual property owned or licensed by The Legacy Group.

Copyright Policy

The Legacy Group, LLC ("us" or "we") respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting through any application or website offered by us any materials that violates another party's intellectual property rights. Upon receipt of proper Notification of Alleged Copyright Infringement (“Notification”) as described below, we promptly remove or disable access to the allegedly infringing material and reserve the right to terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act ("DMCA").

1. Notification of Alleged Copyright Infringement

   If you believe that your own copyrighted work is accessible through any website or application provided by us in violation of your copyright, you may provide our Designated Copyright Agent with a written communication as set forth in the DMCA, 17 U.S.C. § 512(c)(3), that contains the following:

   1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.legacywomen.com.com/item1_qjofkrns123." If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
   2. Identify the URL or other specific location on the application or website provided by us that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.legacywoman.com/item2_hjdsi899."
   3. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
   4. Include a statement by you that the information contained in your Notification is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf.
   5. Include the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf along with your name, mailing address, telephone number and email address.

   You may submit your Counter Notification to our Designated Copyright Agent by fax, mail, or email as set forth below: The Legacy Group, LLC
   Designated Copyright Agent (V.P. Communications)
   40 W. 57th Street, 20th Floor
   New York, NY 10019
   Phone: (212) 262-9410
   Fax: (212) 262-8485
   Email: info@legacywomen.com

   Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or application is infringing.

   Upon receiving a proper Notification as described in this Section A, we will expeditiously remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA Statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material. If we receive a Notification that does not contain all of the information described above, but provides a way for us to contact you, we will promptly follow up with you to request that you provide any information not previously provided.

2. Counter Notification

   If you believe your own copyrighted material has been removed from our website or application as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Copyright Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

   1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
   2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
   3. A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.
   4. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
   5. Your physical or electronic signature along with your name, address and telephone number.

   You may submit your Counter Notification to our Designated Copyright Agent by fax, mail, or email as set forth below:
   The Legacy Group, LLC
   Designated Copyright Agent (V.P. Communications)
   40 W. 57th Street, 20th Floor
   New York, NY 10019
   Phone: (212) 262-9410
   Fax: (212) 262-8485
   Email: info@legacywomen.com

   If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter Notification, unless our Designated Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

   Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.

3. Repeat Infringer Policy

   In accordance with the DMCA and other applicable law, we will terminate access to our website or application by users who are repeat infringers. We may also at our sole discretion limit access to our application and/or website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Website Disclaimer

THIS WEBSITE, ALL INFORMATION SET FORTH ON THIS WEBSITE AND THE SERVICES PROVIDED THEREIN ARE OFFERED OR PROVIDED “AS IS”, “WHERE IS” AND “WHERE AVAILABLE” AND WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS DOES NOT AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO REPRESENTATION IS BEING MADE AS TO THE TIMELINESS OF THE INFORMATION CONTAINED ON THIS WEBSITE OR ACCURACY THEREOF, NOR THAT WILL THE USE OF THIS WEBSITE IS ERROR FREE. THE LEGACY GROUP SHALL NOT BE LIABLE FOR DAMAGES OR INJURY RESULTING FROM ACCESS TO, OR INABILITY TO ACCESS, THIS WEBSITE, OR FROM ANY RELIANCE ON ANY INFORMATION PROVIDED AT THIS WEBSITE.LIMITATION OF LIABILITY

IN NO EVENT SHALL THE LEGACY GROUP BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION SYSTEM) ARISING OUT OF OR RELATED TO ANY INFORMATION CONTAINED IN THIS WEBSITE, INCLUDING ANY LINKS, EVEN IF THE LEGACY GROUP HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You hereby agree to indemnify, defend and hold harmless, The Legacy Group, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. The Legacy Group reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with The Legacy Group in asserting any available defenses.

Severability

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Choice of Law/Venue

The use of this Website shall be governed by the laws of the State of New York without regard to its conflict of laws provisions that would defer to or result in the application of the substantive law of another jurisdiction, and the Federal and State courts of New York shall have exclusive jurisdiction over all claims. The Legacy Group reserves the right to change or update these Terms of Use at any time by notifying visitors of the existence and location of any new or revised Terms of Use. The Terms of Use herein were last updated on April 15, 2009.

Comments/Contact Information

The Legacy Group welcomes your questions and comments about our Terms of Use including its Privacy Policy or this Website. You may submit same by fax, mail, or email as set forth below:

The Legacy Group, LLC
V.P. Communications
40 W. 57th Street, 20th Floor
New York, NY 10019
Phone: (212) 262-9410
Fax: (212) 262-8485
Email: info@legacywomen.com

This Website and the contents thereof including, without limitation, all text, graphics, logos and images are “©Copyright 2009 The Legacy Group, LLC - All Rights Reserved.”