The Website/Application is owned by Resilient Marketing, LLC.
These Terms of Use, including the Privacy Policy, form an agreement between you and Resilient Marketing, LLC. These Terms of Use govern your access to and use of the Legacy Parenting website and/or mobile phone application. By viewing and using the Legacy Parenting website and/or application, including but not limited to handouts, opt-in gifts, videos, modules, emails, social media and/or other communication (collectively referred to as "Website/Application"), you are agreeing to accept all parts of this Terms of Use.
Thus, if you do not agree to the Terms of Use below, STOP now, and do not access or use this Website/Application.
In addition to the other defined terms provided or referred to herein:
"Activation Instructions" means any instructions, user IDs, software license keys or passwords that Resilient Marketing provides you to enable you to activate and/or access a specific product.
"Confidential Information" means (i) data you transmit to us or store as part of your subscription for services; (ii) Activation Instructions, marketing and sales information, know-how, audit and security reports, product development plans, application designs, or other proprietary information or technology provided to you (including Software); and (iii) Trade Secrets or any information designated as Confidential. Information developed without reference to another party's Confidential Information, or that is a part of or enters the public domain or otherwise is made available to a party without a violation of confidentiality, will not be Confidential Information.
"Customer Content" means any information or data provided by you or your End Users in connection with your or your End Users' use of the Website/Application, including any text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials transmitted to us or stored or used with Legacy Parenting.
"End User" means each individual or entity that you have authorized to access and use the Website/Application, including any individual or entity that purchases a subscription or membership.
"Intellectual Property" means all patents, applications for patents, copyrights, moral rights, author's rights, rights of publicity, mask works, Trade Secrets, know-how, contract rights, licensing rights and/or any other intellectual or proprietary rights recognized by any jurisdiction, whether now existing or hereafter arising. Intellectual Property also includes corporate names, trade names, trademarks, service marks or other proprietary designations.
"Services" means any and all services performed by Resilient marketing through or related to the Legacy Parenting website or mobile application.
"Software" means any software, library, utility, tool or other computer or program code, in object (binary) or source-code form, as well as the related documentation, provided by Resilient Marketing.
Software includes software locally installed on your systems and software accessed through the Internet or by other remote means including websites, portals and cloud-based solutions to utilize Legacy Parenting in accordance with these Terms of Use.
"Third-Party Products" means any software or services, not originating from Resilient Marketing, provided, made available or otherwise used in connection with the Legacy Parenting website or application, including any Customer or third-party provided software, hardware or services.
"Trade Secret" means any Resilient Marketing information not commonly known or available to the public, which (i) derives economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
LICENSE GRANT/RIGHT TO USE. Subject to and in consideration of your full compliance with the terms and conditions of these Terms of Use, Resilient Marketing grants to You a personal, non-exclusive license to use the Software during the period for which your account remains paid. If You are an individual consumer, this license grant allows You to use the Software in connection with Your own personal use. In addition, You may make a reasonable number of copies of the Software solely as needed for backup or archival purposes. Additional license terms for certain Software may be included.
OWNERSHIP. Resilient Marketing, LLC on behalf of itself and its affiliates, and its successors in interest, retains ownership of the Legacy Parenting webpage and mobile application and all related intellectual property rights. If Software is provided to You on removable media (e.g., CD, DVD or USB drive), You may only own the media on which the Software is recorded.
You and your Permitted Third Parties must do the following:
A. Run the Software only on the hardware for which it was intended to operate, when applicable;
B. Use License Keys (if applicable) only from Resilient Marketing or an authorized third-party provider;
C. Treat the Software as confidential information;
D. Use the Software only on as many computers or devices that You purchased licenses for, in such configurations permitted by Resilient Marketing, LLC or Licensor, and/or in accordance with the applicable unit of measure, each as may be specified on Your Order.
E. Abide and be responsible for compliance with the export control and economic sanctions laws of the United States, the European Union, and other applicable jurisdictions (collectively, "Applicable Trade Laws"). Software, including any associated intellectual property rights or trade secrets that may accompany it, may not be used, licensed, sold, supplied, leased, exported, imported, re-exported, or transferred, whether directly or indirectly, to restricted countries (including, but not limited to Cuba, Iran, North Korea, Syria, Russia, Belarus, and the Crimea, Donetsk, and Luhansk regions of Ukraine), restricted end users, or for restricted end uses according to the Applicable Trade Laws. Resilient Marketing reserves all rights and remedies to enforce these restrictions, including injunctive relief, damages, and cancellation/termination of of these Terms of Use. By using this Website/Application, You represent and warrant that You or Your Permitted Third Parties are not the subject or target of, or located in a country or territory that is the subject or target of economic sanctions under the Applicable Trade Laws; and
F. Comply with all Third Party Terms.
Except as otherwise permitted by this EULA or by mandatory law (meaning a law that the parties cannot change by contract), You must not, and must not allow Your Permitted Third Parties, to do the following:
A. Modify or remove any proprietary notices or markings on or in the Software;
B. Transfer License Keys to any other person or entity;
C. Install and operate counterfeit versions of Software (i.e. software provided by anyone other than Resilient Marketing or an authorized representative of Resilient Marketing);
D. Violate or circumvent any technological use restrictions in the Software;
E. Sell, loan, rent, lease, sublicense, distribute or encumber (e.g., by lien, security interest, etc.) the Software;
F. Use any trademarks or service marks of Licensor, its affiliates or suppliers;
G. Provide access to the Software or allow use by any third party, other than Permitted Third Parties, without Licensor's prior written consent;
H. Copy, republish, upload, post or transmit the Software in any way;
I. Modify or create derivative works based upon the Software, or decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part;
J Attack or attempt to undermine the security, integrity, authentication or intended operation of the Software;
K. Use the Software on a service bureau, rental or managed services basis;
L. Create or permit others to create Internet "links" to the Software or "frame" or "mirror" the Software
on any other server, wireless or Internet-based device;
M. Use the Software to create a competitive offering;
N. Use the Software to create other software, products or technologies;
O. Share or publish the results of any benchmarking of the Software without Resilient Marketing's prior written consent;
P. Assign these Terms of Use, or any right or obligation under these Terms of Use, or delegate any performance, without Resilient Marketing's prior written consent, unless You are transferring the Software in accordance with the these Terms of Use. Even if Resilient Marketing consents to an assignment, You remain responsible for all obligations under these Terms of Service that You incurred prior to the effective date of the assignment.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. The information provided in or through this Website/Application is for educational and informational purposes only and solely as a self-help tool for your own use.
NOT MEDICAL, MENTAL HEALTH, OR RELIGIOUS ADVICE. Resilient Marketing, LLC, its members, owners, officers, affiliates, subsidiaries, agents and employees (collectively, "Resilient Marketing") are not, nor do they hold themselves out to be a doctors/physicians, nurses, physician's assistants, advanced practice nurses, or any other medical professionals ("Medical Providers"), psychiatrists, psychologists, therapists, counselors, or social workers ("Mental Health Providers"), registered dieticians or licensed nutritionists, or members of the clergy. Resilient Marketing is not providing direct health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through the Website/Application pertaining to any aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that Resilient Marketing is not providing any type of medical advice, mental health advice, or religious advice. Always seek the advice of your own medical and mental health professional providers regarding any questions or concerns you have about your specific situation. Because Resilient Marketing is not a medical professional, confidentiality provided by HIPAA and other medical regulations and codes of conduct does not attach to any documents, communications, or other information passing through or collected by the Website/Application, and Resilient Marketing will not object to lawful subpoenas for such.
NOT LEGAL OR FINANCIAL ADVICE. Resilient Marketing, LLC, its members, owners, officers, affiliates, subsidiaries, agents and employees (collectively, "Resilient Marketing") are not attorneys, accountants or financial advisors, nor are they holding myself out to be. The information contained in this Website/Application is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, Resilient Marketing cannot be held responsible for any errors or omissions, and they accept no liability whatsoever for any loss or damage you may incur as the result of your use of the Website/Application. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on our Website/Application is not legal or financial advice. Because Resilient Marketing is not a legal professional, confidentiality provided by legal regulations and codes of conduct does not attach to any documents, communications, or other information passing through or collected by the Website/Application, and Resilient Marketing will not object to lawful subpoenas for such.
PERSONAL RESPONSIBILITY. You acknowledge that you are participating voluntarily in using the Website/Application and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website/Application, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from the Website/Application to your life, family or business.
NO GUARANTEES. The Website/Application is designed to support and assist you in maintaining your family records and information, but your success depends primarily on your own effort, motivation, commitment and follow-through. Resilient Marketing cannot predict and does not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual's results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website/Application.
TESTIMONIALS. Resilient Marketing may, from time to time, present real world experiences, testimonials, and insights about other people's experiences with the Website/Application for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to my character and/or the quality of the Website/Application. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
ASSUMPTION OF RISK. As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of the Website/Application that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through the Website/Application is to be taken at your own risk, with no liability on the part of Resilient Marketing, recognizing that there is a rare chance that financial loss or other injury could result, and you agree to assume all risks.
LIMITATION OF LIABILITY. By using this Website/Application, you agree to absolve Resilient Marketing of any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on the Website/Application resulting from the general negligence of Resilient Marketing or third-party bad actors. You agree that Resilient Marketing will not be liable to you, or to any other individual, company or entity, for certain types of damages, including indirect, special, incidental, equitable, punitive, or consequential loss or damages, for use of or reliance on the Website/Application. You agree that, only in the event of the gross negligence or willful misconduct of Resilient Marketing, damages shall be limited to direct damages in the amount of your subscription fee for the period during which the actionable activity occurred. You agree that Resilient Marketing does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by Resilient Marketing or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with Resilient Marketing, who is engaged in delivering content on or through this Website/Application.
WEB-PROXY ACTIONS. By using the Website/Application, you understand that your web activity is being filtered and monitored by IP address, username, and/or session cookies.
INDEMNIFICATION AND RELEASE OF CLAIMS. You hereby fully and completely hold harmless, indemnify and release Resilient Marketing and any of my agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with Resilient Marketing from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Website/Application.
CHOICE OF LAW AND VENUE. The provisions of these Terms of Use shall be deemed to be an agreement made in the Commonwealth of Virginia. The validity of these Terms of Use, their construction, interpretation, enforcement, and the rights of parties hereunder shall be governed by Virginia law. You and Resilient Marketing agree that exclusive venue, forum and jurisdiction, to the exclusion of all others, for any and all actions or proceedings arising in connection with these Terms of Use or the use of the Website/Applicaion shall lie in the Fairfax County Virginia courts. By using this Website/Application, you waive any right you may have to assert the doctrine of forum non conveniens or to object to such exclusive venue, and you consent to any relief ordered by such court.
NO WARRANTIES. RESILIENT MARKETING MAKES NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF THE WEBSITE/APPLICATION. RESILIENT MARKETING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE/APPLICATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RESILIENT MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ERRORS AND OMISSIONS. Although every effort is made to ensure the accuracy of information shared on or through this Website/Application, the information may inadvertently contain inaccuracies or typographical errors. You agree that Resilient Marketing is not responsible for the views, opinions, or accuracy of facts referenced on or through the Website/Application, or of those of any other individual or company affiliated with my business or Resilient Marketing in any way. Because scientific, technology and business practices are constantly evolving, you agree that Resilient Marketing is not responsible for the accuracy of the Website/Application, or for any errors or omissions that may occur.
NO ENDORSEMENT. References or links in the Website/Application to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute Resilient Marketing's formal endorsement. Resilient Marketing is merely sharing information for your own self-help only. Resilient Marketing is not responsible for the Website/Application content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in the Website/Application. Conversely, should the Website/Application link appear in any other individual's, business's or entity's Website/Application, program, product or services, it does not constitute Resilient Marketing's formal endorsement of them, their business or their Website/Application either.
AFFILIATES. From time to time, Resilient Marketing may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with its own. In the spirit of transparency, Resilient Marketing wants you to be aware that there may be instances when Resilient Marketing promotes, markets, shares or sells programs, products or services for other partners and, in exchange, Resilient Marketing may receive financial compensation or other rewards. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that Resilient Marketing is not liable in any way for any program, product or service that Resilient Marketing may promote, market, share or sell on or through the Website/Application.
PROMOTIONAL CODES. Promotional codes are limited in nature and may expire or be discontinued without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, exchanged, or otherwise transferred. They are not redeemable for cash and are subject to change or cancellation at any time for any reason without notice. We reserve the right to impose conditions on the offering of any promotional code.
YOUR CONTENT. Content that you post using our services is your content. We make no claims of ownership. In posting content, you agree that any content posted is legal to post and that you have ownership or other legal interest in the material posted. If any of your content violates federal, state, or local laws, regulations, or statutes, Resilient Marketing reserves the right to take appropriate action, including but not limited to, removing the post, reporting the post to the proper authorities, and/or suspending and/or deleting your account.
CHANGES. Resilient Marketing may change these Terms of Use by posting revised Terms of Use to the Website/Application. Unless you terminate your account, the new Terms will be effective immediately upon posting. The new Terms of Use, as applicable, will apply to any continued or new use of the Website/Application. We may change the Website/Application or any features of the Website/Application at any time, and we may discontinue the Website/Application or any features of the Website/Application at any time.
By using the Website/Application you are agreeing to all parts of the above Terms of Use. If you have any questions about these Terms of Use, please contact Resilient Marketing at info@legacyparenting.com