When using our Platform, you are responsible for any use of Legacy Seller made using your account. You further agree that you may not:
The name “Legacy Seller,” www.legacyseller.com, the Legacy Seller Platform along with the design of the Legacy Seller Platform and any text, writings, images, templates, scripts, graphics, interactive features, audio files, video files, electronic documents. and any trademarks or logos contained therein (“Marks”), are owned by or licensed to Legacy Seller, subject to copyright and other IP rights under US and foreign laws and international conventions. Legacy Seller reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform unless we have given express written permission.
After registering and covering relevant financial duties, we grant you a personal, non-exclusive, revocable, limited license to access the Platform and use our services. Such license is to be used exclusively for the purpose granted and is non-sublicensable, and non-transferable
All rights not explicitly granted are reserved for us. If you breach any of our usage guidelines herein, or harm us or our business interests, we may revoke your license or access to our Platform solely at our discretion. Failure by us to take any such or similar action does not constitute a waiver of such right.
If you believe your copyright has been infringed, provide us with:
E-mail it to email@example.com or mail it to us at:
If you receive a notification from us stating your content was subject to a DMCA takedown, you may respond with a counter notice under the DMCA. Your counter notice must contain:
We may not respond unless you follow the terms of the above.
Your ability to submit or transmit any information through the Platform, including data, images, information, references, or any other information will be referred to as “User Content” or “UC” throughout these Terms.
We are not required to host, display, migrate, or distribute any of your UC, and we may refuse to accept or transmit any UC. You agree you are solely responsible for any UC submitted and release us from any liability associated with any UC submitted. We provide industry standard security for our Platform, but we cannot guarantee the absolute safety and security of any such UC. Any UC found to be in violation of these Terms or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any UC, you represent and warrant that you own all rights and have permission to use the UC, such UC is legal and does not interfere with third-party rights or obligations. When you submit any UC to us, you grant us, our partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, worldwide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your UC to provide you any services associated with the Platform. Moreover, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction, or other feedback provided by you relating to the operation of our Platform.
You may see other UC that you find offensive or upsetting. Your sole remedy is to stop viewing the content. You may report it to us and if we deem it necessary, we will react accordingly.
Legacy Seller or any of its employees do not accept or consider unsolicited ideas, including processes, technologies, product enhancements, or product names. If, despite our request you send anyway, you agree that: (1) your Submissions and contents automatically become our property, without compensation to you; (2) We may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Legacy Seller to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATEVER, EXPRESS OR IMPLIED, AS TO: (1) THE PLATFORM OR INFORMATION PROVIDED THEREIN; (2) THE SERVICES; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF DATA TO USE, OR VIA THE PLATFORM. FURTHER, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LOST PROFITS, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM, INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. WE DO NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND LEGACY SELLER SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
When you decide to use any of our services, you agree that we make no guarantees including reimbursements, case writing, or profits. You understand that the services offered may vary, cause negative impacts, or otherwise be erroneous. An increase in reimbursements, business, or any benefits are neither implied nor guaranteed. Due to the nature of our services, you agree, we:
You agree to hold us harmless from potential liability we may have relating to your Platform use.
Some of our services may list estimated dates and timelines for delivery or completion (“Estimated Dates”). These Estimated Dates are merely good faith estimates and are non-binding in nature. We reserve the right to modify, alter, or extend any Estimated Dates at our discretion. We are not responsible or liable for any failure to provide any services before any Estimated Dates listed on the Platform.
We reserve the right to automatically approve all types of orders waiting for client approval. Automatic approvals will vary with the product but will only occur after 10 days of inactivity with the order in question. Oral or written statements made by any agents, employees, or contractors of Legacy Seller regarding any Estimated Dates are non-binding and do not alter any contractual agreements between Legacy Seller and any users.
Though we try to always be available to you, we do not guarantee the Platform will always be available, work, or be accessible at any particular time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
NEVER SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BY WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES ON THE PLATFORM; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, DUE TO YOUR ACCESS TO AND USE OF OUR PLATFORM, INCLUDING THE SERVICES; (3) ANY INTERRUPTION, ERRORS, OMISSIONS, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU; (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY; (5) ANY FAILURE OR DISRUPTION OF SERVICES WHETHER INTENTIONAL OR UNINTENTIONAL; OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD-PARTY IP OWNERS. SAID LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY AND OTHER LEGAL RIGHTS MAY VARY BY STATE. We do not disclaim liability for: (1) death or personal injury caused by our negligence; (2) misrepresentation; or (3) any liability which is not lawful to exclude either now or IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU PAID IN THE PAST 6 MONTHS TO USE OUR PLATFORM, INCLUDING OUR SERVICES.
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your:
This defense and indemnification obligation will survive this Agreement. You have a duty to defend us against such claims and pay our selected attorneys’ fees, court costs, and disbursements. If party(ies) make the claim, you are liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the state of Florida. The offer and acceptance of this contract is deemed to have occurred in the state of Florida.
Any dispute relating to this Platform shall be submitted to confidential arbitration in the closest venue possible to Nanuet, NY. Arbitration shall be governed by the applicable Commercial Rules (“Rules”) then prevailing at the American Arbitration Association.
Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules. Arbitrator’s award shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction. Each party is responsible for his/her own arbitration fees and costs. To the extent permitted by law, arbitration should not be conducted between us and multiple parties. Where allowed, we may make any and all appearances telephonically or electronically.
Any claim or cause of action arising from or related to the use of the Platform or this Agreement must be filed within one (1) year after such claim or when cause of action arose or be forever banned. If the law does not permit said dispute to be resolved via arbitration or if this clause is unenforceable, disputes must be brought solely in a court located in Rockland County, NY.
You agree that any proceedings to resolve or litigate any dispute, whether in court or through arbitration, shall be solely conducted on an individual basis. You agree not to have the dispute heard as a class action, representative action, collective action, or private attorney general action.
If a provision herein is found to be unlawful, conflicting with another provision herein, or otherwise unenforceable, Agreement will remain in force. If multiple provisions herein or another agreement you may have with us are deemed to conflict, we have the sole right to determine what rights remain.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights or obligations herein without our prior written consent. We may assign our rights or obligations hereunder at our discretion. All portions herein that would reasonably be believed to survive termination shall remain in full force upon termination, including Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.
Upon termination, access to portions of our Platform may become immediately disabled. We may terminate this Agreement if we determine that: (1) you violated any applicable laws while using our Platform; (2) you violated this Agreement; or (3) if we believe that your actions may legally harm us or our business interests, at our sole discretion.