Terms of Service
**Updated May 1, 2020**
Welcome to Legion!!!
Legion Pride Corporation (“Legion”, “We”, “Us”, or “Our”) provides a series of online and live programs designed to create changes in participants life and business (a “Program” or collectively the “Programs”). Legion administers its Programs through various mediums, including its websites at www.Legion.dentist and www.LegionPride.com (the “Websites”) and a software platform which provides you access to Program information and materials (the “Legion Platform”).
These Terms of Service (the “Terms” or “Agreement”) govern the terms and conditions of your (“Subscriber”, “You”, or “Your”) registration and participation in Programs, Your use of the Legion Website, Your use of the Legion Platform, or Your purchase or use of products or other services offered by Legion (collectively the “Services”). These Terms constitute a legally binding agreement made between You, on the one hand, and Legion, on the other. You agree that by participating in any Program or receiving any Service from Legion, You are representing to Legion that You have read, understood, and agree to be bound by all of these Terms.
YOU ACKNOWLEDGE THAT LEGION IS NOT, AND DOES NOT CLAIM TO PROVIDE, ANY PROFESSIONAL SERVICES OR ADVICE THAT WOULD REQUIRE LICENSURE OR ANY OTHER FEDERAL, STATE, OR LOCAL GOVERNMENT REGISTRATION, LICENSURE, OR REGULATION. NOTHING IN THESE TERMS, OR THE PROVISION OF THE SERVICES, IS INTENDED TO CONSTITUTE OR REPLACE MEDICAL OR PSYCHIATRIC TREATMENT, DIAGNOSIS OR ADVICE. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM PARTICIPATING IN A PROGRAM OR RECEIVING ANY SERVICES AND YOU MUST INFORM LEGION IMMEDIATELY.
New, amended, or supplemental terms and conditions may be promulgated by Legion from time to time. Legion reserves the right, in its sole discretion, to make changes or modifications to these Terms at any time and for any reason. Legion will alert You electronically to any changes of the new, amended, or supplemental Terms by sending You notice via text message, e-mail, or by posting them on the Legion Website. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any amended, revised, or new Terms by Your continued participation in a Program after the date such revised Terms are posted.
- PROGRAM.
The Programs offered by Legion can be found on the Legion Website at www.Legion.Dentist. The Programs that are listed on the Website are subject to change. Legion reserves the right to change a Program, its structure, method of delivery, or content, at any time.
Program Fees.
You hereby acknowledge and agree that Legion shall charge the fees for its services as identified on the Legion Website at www.Legion.Dentist (“Program Fee(s)”). You will be asked to provide Your payment information on the Website (“Payment Information”). By submitting Your Payment Information, You authorize Legion to charge You the Program Fees associated with the Program You have registered for. You acknowledge and agree that there are no cancellations or refunds of the Program Fees once Legion processes Your payment.
Expenses/Taxes.
All Program Fees are exclusive of expenses that You may incur to participate in a Program. Except as expressly set forth herein or in the written terms of a Program, You shall be responsible for providing all tools, materials, and equipment required to participate in a Program. Any expenses that You incur in connection with Your registration or participation in a Program, including but not limited to transportation, meals, lodging, entertainment, fees to other persons, state taxes, federal taxes, penalties, interest, damages, fines, costs, or other liabilities, shall be Your complete and exclusive responsibility.
All Program Fees are likewise exclusive of all taxes, levies, or duties imposed by taxing authorities, and Subscriber shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Subscriber shall be responsible for taxes, duties, levies and other governmental charges (including sale and use taxes,) that are imposed by a governmental authority with respect to the transactions contemplated by this Agreement.
- SUBSCRIBER REGISTRATION.
You will be provided with a unique username and password which will permit You to access the Legion Platform. You are solely responsible for safeguarding and maintaining the confidentiality of Your username and password. You authorize Legion to assume that any person using the Legion Platform with Your username and password is You. You agree to notify Us immediately if You suspect or become aware of any unauthorized use of Your account or any unauthorized access to Your password.
You authorize Legion, directly or through third parties, to make any inquiries We consider necessary to validate or authenticate Your identity or personal information. This may include asking You for further information and/or documentation about Your usage of the Legion Platform or identity, or requiring You to take steps to confirm Your identity, or Your e-mail address. You understand and hereby agree that We may verify Your information against third-party databases or through other sources. This process is for internal verification purposes.
- ACCESS.
You hereby acknowledge and agree that Legion has made no representation or warranty with respect to the functionality or availability of the Website or the Legion Platform and that all or any portion(s) thereof may be unavailable to You for use either temporarily or permanently without notice. We reserve the right in Our sole discretion, without notice, to suspend Your access to parts of the Website or the Legion Platform or to change the content, presentation, performance, or functionality thereof. We reserve the right to monitor, edit, and remove any content available on the Website or the Legion Platform, but do not have any obligation to do so.
Grant of License.
Subject to the conditions and restrictions of these Terms, Legion hereby grants You a non-exclusive, nontransferable royalty-free, right and license (the “License”) to access and use the Legion Platform solely for the purpose of participating in a Program until such time that We terminate, suspend, or otherwise restrict Your use of the Legion Platform.
Conditions of License.
Legion shall retain all right, title and interest, including all intellectual property and other proprietary rights, in and to the Legion Platform, or any parts or components thereof, including all derivative works thereof. You acknowledge that Legion owns or licenses various development tools, routines, subroutines and other programs, data and materials provided with or embedded within the Legion Platform that were developed or procured by Legion prior to, and independent of, the development of the Legion Platform (collectively, the “Background Technology”). Legion retains all right, title and interest, including all intellectual property and other proprietary rights, in the Background Technology. You shall not copy or remove from the Legion Platform, or alter, any of Our trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Legion Platform.
Restrictions on License.
You shall not, directly or indirectly: (i) disassemble, decompile, or reverse engineer the Legion Platform or any improvement made thereto, or in any way attempt to discover or reproduce source code thereof; (ii) make the Legion Platform available to any other person or third-party, whether on a time-sharing or service bureau basis, or otherwise attempt to resell to any third-party the right to use the Legion Platform; (iii) create any derivative work of the Legion Platform; or (iv) use the Legion Platform for any illegal or unauthorized purpose, or for any purpose that would violate the Applicable Laws (as defined herein), or any proprietary right of a third-party.
Third-Party Applications.
You shall have access, through the Legion Platform, to third-party software, products, applications, or services, and information pertaining to each (collectively, the “Third-Party Applications”) which may be integrated into, or used in connection with, the Legion Platform or a Program. Your access to and use of the Third-Party Applications, and any exchange of data between You and the third-party, shall not be warranted or otherwise supported by the Legion Platform. You hereby authorize Legion to permit the Third-Party Applications to access the Legion Platform and any content You are permitted to access or view on the Legion Platform. You acknowledge and agree that Legion shall have no responsibility or liability arising from: (i) actions or omissions associated with the Third-Party Applications; or (ii) Your use of the Third-Party Applications. You further agree that You shall abide by any and all terms, conditions, policies, and/or procedures that are distributed by the Third-Party Applications, which are incorporated herein by reference.
- PROHIBITED ACTIVITIES.
You may not access or use the Legion Platform for any purpose other than that for which We make the Legion Platform available. The Legion Platform may not be used in connection with Your participation in a Program or those activities that are specifically endorsed or approved by Legion in writing. You may not use the Legion Platform in any manner that could damage, disable, overburden, or impair Our servers, the Legion Platform, or otherwise interfere with any other party's use of the Legion Platform. You may not attempt to gain unauthorized access to any part of the Legion Platform or any part or content of a Program, another user of the Legion Platform, computer systems or networks connected to the Legion Platform or any other software application developed and/or published by Legion, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Legion Platform. In connection with using or accessing the Legion Platform You will not: (i) systematically retrieve data or other content from the Legion Platform to create or compile directly or indirectly, a collection, compilation, or database, without written permission from Us; (ii) make any unauthorized use of the Legion Platform, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses; (iii) circumvent, disable, or otherwise interfere with security-related features of the Legion Platform, including features that prevent or restrict the use or copying of any Proprietary Content or Confidential Information or enforce limitations on the use of the Legion Platform and/or the content contained therein; (iv) engage in unauthorized framing of or linking to the Legion Platform; (v) trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords; (vi) use any information obtained from the Legion Platform in order to harass, abuse, or harm another person; (vii) upload or transmit (or attempt to upload or transmit) viruses, or Trojan horses; (viii) disparage, tarnish, or otherwise harm, in Our opinion, Us, a Program, another user of the Legion Platform, and/or the Legion Platform; (ix) take any action that may undermine Our feedback or ratings systems; (x) infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights which belong to Us or any third-party; and (xi) use the Legion Platform or the information obtained from a Program in a manner inconsistent with any federal, state, or local laws or regulations which are applicable to Legion, You, the Legion Platform, a Program, or the existence or activities of any of them (the “Applicable Laws”).
5. INTELLECTUAL PROPERTY RIGHTS.
Intellectual Property.
The Legion Platform and all source code, databases, functionality, software, web designs, audio, video, text, photographs and graphics on the Legion Platform (collectively, the “Proprietary Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Proprietary Content and the Marks are provided on the Legion Platform “AS IS” / “WHERE IS” for Your information and personal use only. No part of the Legion Platform and no Proprietary Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
Confidential Information.
You acknowledge that, during the course of Your participation in a Program and Your use of the Legion Platform, You may have access to certain confidential information in the form of know-how, trade secrets, or proprietary information belonging to Legion, including but not limited to the Proprietary Content (“Confidential Information”). Confidential Information shall include, without limitation, any and all information provided by Legion to Subscriber, or otherwise obtained or received by Subscriber, either directly or indirectly, in writing, orally or by inspection of tangible objects, including, without limitation, the Legion Platform, the code making up the Legion Platform, software, accounting information, advertising and promotional plans, agreements, budgets, business plans and information, contracts, data, designs, drawings, files, financial analysis, financial statements and information, bank account information, compilations of information, concepts, copyrightable material, correspondence, cost analyses, cost data, documents, e-commerce information and data, employee information, employee lists, expense data, ideas, intellectual property, inventions, investor presentations, .jpegs or other file types, know-how, layouts, licenses, manuals, market analyses, marketing plans and information, marketing data, materials, memoranda, models, negatives, notes, operational techniques, passwords, photographs, presentations, pro forma financial information, procedures, processes, product and service information, products and services, programs, projections, prototypes, pricing and rate information, quality assurance policies and procedures, records, research and development, reports, sales forecasts and data, samples, sketches, security information and controls, service marks, software, software code, spreadsheets, strategies, studies, supplier lists, surveys, symbols, technical information, technology, trademarks, trade secrets, tools, vendor information, vendor lists, website information, any information which is designated as “confidential” or “proprietary” or by words of similar effect, either in writing or orally, prior to, at or promptly after the time of disclosure, and any other information, written or oral, made known to or learned by Subscriber by virtue of Subscriber’s participation in a Program.
You acknowledge and agree that maintaining the confidentiality of the Confidential Information is integral to the ongoing operation of Legion, and that the Confidential Information itself is of significant value to Legion. In view of the foregoing, You agree to maintain the confidentiality of all Confidential Information and to not, directly or indirectly, disclose, divulge, exploit, or use the Confidential Information in any manner inconsistent with these Terms, for Your own benefit or the benefit of another person, to the exclusion of Legion. You will additionally take all reasonable precautions to prevent the inadvertent or accidental exposure of the Confidential Information.
You hereby acknowledge and agree that as between Legion and Subscriber, the Confidential Information, and specifically, the Program, is owned solely and exclusively by Legion. You shall have no, and shall not acquire any, right, title, or interest in the Confidential Information or the Program, except as provided in this Agreement. Should Subscriber or any consultant or employee of Subscriber make or discover any improvement in connection with the Confidential Information or the Program, whether patentable or not, which if practiced would constitute an infringement of the Confidential Information or the Program, Subscriber shall forthwith disclose or cause the same to be disclosed to Legion, and such improvement shall be deemed to be a part of the Confidential Information or the Program.
- SUBSCRIBER REPRESENTATIONS.
By agreeing to the Terms herein, and/or participating in a Program, You represent and warrant, in addition to Your representations in the remainder of this Agreement, that: (i) You have the legal capacity to enter into this Agreement; (ii) You have read and understand the terms and conditions of this Agreement; (iii) You agree to comply with these Terms; (iv) Your performance of these Terms will not violate any Applicable Laws or any other agreement to which You are a party; (v) You are fully and individually responsible for all Program Fees (if applicable); and (vi) the information that You have provided to Legion is truthful and accurate.
7. TERM AND TERMINATION.
Without limiting any other provision of these Terms, Legion reserves the right to, in its sole discretion and without notice to You, and without any liability, cease providing any Services to You, including but not limited to, prohibiting and preventing Your participation in a Program, suspend Your access to the Legion Platform (including blocking IP addresses), for any reason or for no reason, including without limitation for breach of these Terms, any representation, warranty, or covenant contained in these Terms or of failure to adhere to any Applicable Laws.
Upon the termination or suspension of Your access to the Services: (i) We have the right to prohibit Your access to the Legion Platform, including without limitation by deactivating Your username and password; (ii) all restrictive covenants and conditions set forth herein, including but not limited to such restrictions regarding Proprietary Content and Confidential Information, shall survive the termination of Your use of the Legion Platform; and (iii) Legion shall be entitled to retain any and all Program Fees paid.
If We terminate or suspend Your access to the Services, You are prohibited from registering and creating a new username and password to access the Legion Platform. In addition to terminating or suspending Your use of the Legion Platform, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
8. INDEMNIFICATION.
You agree to defend, indemnify, and hold Legion harmless, including Our directors, officers, owners, attorneys, agents, partners, employees, subsidiaries, and affiliates from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, in connection with, arising out of or related to: (i) Your breach of these Terms or the representations or warranties set forth herein; (ii) Your participation in a Program; and/or (iii) Your use of information or Services received from Legion.
9. RELEASE.
Except for the duties, obligations, representations, and warranties under these Terms, or otherwise incorporated herein, Subscriber, for itself and each of their respective predecessors, successors, and present, future and former subsidiaries, parents, assigns, agents, affiliates, representatives, partners, managers, officers, members, attorneys, employees, contractors, licensees, insurers, spouses and heirs (the “Subscriber Releasors”), does hereby release and discharge Legion, and each of its respective predecessors, successors, and present, future and former subsidiaries, trustees, beneficiaries, parents, assigns, agents, affiliates, representatives, partners, managers, members, officers, attorneys, employees, contractors, licensees, insurers, and spouses (the “Legion Releasees”), of and from any and all claims, demands, debts, liabilities, obligations, accounts, and causes of action of every kind whatsoever, whether now known or unknown, suspected or unsuspected, that the Subscriber Releasors, or any of them, had or now have against the Legion Releasees, or any of them, with respect to any dealings between Subscriber Releasors and Legion Releasees prior to Subscriber’s agreement to the Terms.
With respect to the releases contained in this Section 9, Subscriber expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code, which provides as follows: “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.” With respect to Subscriber’s waiver of Section 1542 of the California Civil Code, Subscriber acknowledges that it is aware they may hereafter discover claims, presently unknown or unsuspected, or facts different from those which it now believes to be true.
10. DISCLAIMER.
ALL PROGRAMS, THE LEGION PLATFORM, AND ANY SERVICES ARE PROVIDED ON AN AS-IS, WHERE-IS, AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR PARTICIPATION IN A PROGRAM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH A PROGRAM AND YOUR PARTICIPATION THEREIN, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LEGION MAKES NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF: (i) THE PROGRAMS; (ii) THE RESULTS ASSOCIATED WITH OR DISCUSSED IN A PROGRAM; (iii) THE INFORMATION OR CONTENT ASSOCIATED WITH THE PROGRAMS; (iv) THE LEGION PLATFORM; OR (v) THE CONTENT LOCATED ON THE LEGION WEBSITE OR ANY LINKS ON THE LEGION WEBSITE. THERE MAY BE INFORMATION IN THESE TERMS, THE PROGRAMS, THE LEGION PLATFORM, OR ON THE LEGION WEBSITE THAT CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS, INCLUDING DESCRIPTIONS, PRICING, AVAILABILITY, AND VARIOUS OTHER INFORMATION. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE THE INFORMATION IN THESE TERMS, THE PROGRAMS, THE LEGION PLATFORM, OR ON THE LEGION WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.
LEGION WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) PROGRAM OR THE RESULTS ASSOCIATED WITH A PROGRAM; (ii) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS ASSOCIATED WITH A PROGRAM; (iii) the content or INFORMATION PRESENTED WITH A PROGRAM OR RELATED TO A PROGRAM; (iv) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN A PROGRAM; (v) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION AND/OR ANY AND ALL PERSONAL INFORMATION; (vi) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE LEGION PLATFORM OR WEBSITE; AND/OR (vii) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LEGION PLATFORM.
11. LIMITATION OF LIABILITY.
IN NO EVENT WILL LEGION AND/OR LEGION’S AFFILIATES WHO HAVE DEVELOPED, LICENSED, IMPROVED OR HAVE OTHERWISE ASSISTED US IN THE PROVISION OF THE PROGRAMS, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR PARTICIPATION IN A PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LEGION AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE ACTUAL ECONOMIC DAMAGES THAT HAVE BEEN SUSTAINED AS A DIRECT AND PROXIMATE RESULT OF SUCH HARM.
IN ANY CASE, YOU HEREBY AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT WILL BE ASSESSED AGAINST LEGION FOR ANY ACT OR OMISSION RESULTING IN HARM TO YOU, SHALL BE THE AMOUNT THAT LEGION HAS RECEIVED, OR IS OWED, BY YOU FOR YOUR REGISTRATION FOR A PROGRAM. YOU ACKNOWLEDGE AND AGREE THAT ESTIMATING ANY DAMAGES THAT MIGHT BE OCCASIONED TO YOU AS A RESULT OF THE CONDUCT OR OMISSION OF LEGION OR ITS AFFILIATES WOULD BE DIFFICULT TO ASCERTAIN. YOU ACKNOWLEDGE THAT THE LIMITATION SET FORTH HEREIN IS A FAIR AND REASONABLE ESTIMATE OF ANY SUCH DAMAGES.
YOU AGREE THAT IN THE EVENT OF ANY DISPUTE RELATED TO THESE TERMS, A PROGRAM, THE LEGION PLATFORM, OR ANY OTHER INTERACTION WITH LEGION AND/OR ITS AFFILIATES, YOU SHALL NOT BE ENTITLED TO REIMBURSEMENT FOR OR ANY AWARD OF ATTORNEYS’ FEES OR COSTS, EVEN IF YOU PREVAIL.
- ALTERNATIVE DISPUTE RESOLUTION.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU AGREE TO SUBMIT ALL DISPUTES WITH LEGION AND ITS AFFILIATES WHICH ARISE OUT OF, ARE RELATED TO, OR ARE IN ANY WAY CONNECTED WITH, THESE TERMS, ANY PROGRAM OR OTHER SERVICES PROVIDED BY LEGION, AND/OR ANY DEALINGS BETWEEN YOU AND LEGION, TO FINAL AND BINDING ARBITRATION BEFORE JAMS ADR SERVICES (“JAMS”) OR ITS SUCCESSOR IN ORANGE COUNTY, CALIFORNIA. THE ENFORCEMENT OF THIS AGREEMENT TO ARBITRATE SHALL BE PURSUANT TO THE FEDERAL ARBITRATION ACT.
The arbitration shall be conducted pursuant to the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time of the filing of the demand for arbitration, before a single arbitrator. The arbitrator shall be a retired Judge and shall conduct the arbitration hearing and render his or her final decision in accordance with CALIFORNIA LAW. EACH PARTY SHALL BE RESPONSIBLE FOR THEIR OWN ARBITRATION fees, ATTORNEY’S FEES, and costs.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE ABOVE ALTERNATIVE DISPUTE RESOLUTION PROVISION, AND THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE WAIVING A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO WHICH YOU AND LEGION MAY BE PARTIES, ARISING OUT OF OR IN ANY WAY PERTAINING TO YOUR PARTICIPATION IN A PROGRAM. YOUR WAIVER IS KNOWINGLY, WILLINGLY, AND VOLUNTARILY MADE AND YOU REPRESENT AND WARRANT THAT NO REPRESENTATION OF FACT OR OPINION HAS BEEN MADE TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. YOU AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS ON BEHALF OF OTHERS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED AS A CLASS, COLLECTIVE, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, OR AS A MEMBER IN ANY SUCH CLASS, COLLECTIVE, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING.
- ELECTRONIC COMMUNICATIONS/NOTICES
By agreeing to the terms of this Agreement, You acknowledge and agree that Legion may contact and communicate with You via phone, email, and text message, and that You will be responsible for any costs associated with receiving such communications.
You hereby agree that We may provide You with communications about Your participation in a Program and/or use of the Legion Website electronically. Communications can include, but shall not be limited to, written communications, documents, notices, agreements, amendments to agreements, disclaimers, and/or disclosures which are provided in connection with Your participation in a Program and/or use of the Legion Website. We will provide these communications to You by posting them on the Legion Website or by emailing them to You at the primary email address You provide Us. Any electronic communications will be considered to be received by You within twenty-four (24) hours of the time We transmit such an electronic communication to You. Any notice sent to You by postal mail will be considered to be received by You three (3) business days after We send it.
You may withdraw Your consent to receive communications electronically by sending an e-mail to [email protected]. If You withdraw Your consent to receive communications electronically, We reserve the right to restrict, suspend, or terminate Your participation in a Program.
It is Your responsibility to keep Your email address, as provided to Legion, functional and up to date so that We can communicate with You electronically. You understand and agree that if We send You an electronic communication that You do not receive because Your e-mail address on file is incorrect, blocked, or otherwise not functioning properly, We will be deemed to have properly provided You with the electronic communication as of the day it is sent.
In order to receive electronic communications, You will need: (i) a computer with an Internet connection; (ii) a current web browser; (iii) a valid e-mail address; (iv) sufficient storage space to save the electronic communications; and (v) to disable any applicable spam filters which block or re-route e-mails from senders.
14. MISCELLANEOUS. Governing Law.
These Terms, Your Program, and any other dealings between You and Legion, and its officers, directors, members, employees, agents, and affiliates (“Affiliates”) are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
Entire Agreement.
These Terms and other documents, including but not limited to, any policies or procedures currently or subsequently published, referenced in or linked to these Terms, which are hereby incorporated herein and made a part hereof by this reference, contains the entire agreement between You and Legion regarding Your participation in a Program, use of the Legion Website, and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between You and Us, written or oral, to the extent they relate in any way to the subject matter hereof.
Force Majeure.
In the event that the performance of the obligations under these Terms are prevented or hindered in consequence of any act of God (including fires, explosions, earthquakes, drought, tidal waves, and floods), war, invasion, rebellion, riot, or acts or threats of terrorism (each, a “Force Majeure Event”), then such performance or obligations shall wholly or partially be suspended during the period and no liability shall accrue or be incurred during such period owing to such circumstances.
Amendments.
LEGION RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE WHEN LEGION POSTS THE REVISED TERMS OF USE ON THE WEBSITE, AND/OR WHEN LEGION TRANSMITS THE REVISED TERMS TO YOU VIA COMMUNICATION AS FURTHER SPECIFIED HEREIN. Your continued PARTICIPATION IN A PROGRAM subsequent to the posting of any revisions to these Terms means You accept any such revisions. ANY MODIFICATIONS TO THESE TERMS OF SERVICE SHALL SUPERSEDE ALL PREVIOUS VERSIONS. We reserve the right to, in our sole discretion, alter, suspend or discontinue any PROGRAM, INCLUDING, BUT NOT LIMITED TO, YOUR ACCESS TO THE INFORMATION OR CONTENT ASSOCIATED WITH THE PROGRAMS.
Severability.
In the event that one or more of the provisions, or portions thereof, of these Terms is determined to be illegal or unenforceable, the remainder of these Terms shall not be affected thereby and each remaining provision or portion thereof shall continue to be valid and effective and shall be enforceable to the fullest extent permitted by law. If any part of these Terms or any part of any provision hereof, is adjudicated to be invalid or void, then the remaining provisions shall be executed insofar as the remaining provisions are capable of execution.
Waiver.
The waiver by Your breach of these Terms does not constitute a waiver of any subsequent breach by Subscriber.
Relationship.
These Terms and Your participation in a Program will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between You and Legion.
Assignability.
You may not assign these Terms, Your right to participate in a Program, or any of its rights or obligations hereunder, without Our prior written consent in the form of a written instrument signed by a duly authorized representative of Legion. Notwithstanding the restriction on assignment, these Terms shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, successors, representatives, and assigns.
Interpretation.
To the maximum extent allowed under Applicable Law, You waive the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party and shall not be employed in the interpretation of these Terms. You understand and agree that these Terms shall be construed fairly as to all parties and not in favor of or against any of the parties, regardless of which party prepared these Terms, such that the application of California Civil Code Section 1654, providing “[i]n cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist,” (or other comparable law in other jurisdictions), is hereby waived.
Consent to Terms/Digital Signature.
By participating in a Program, You are deemed to have read, understood, and agreed to these Terms electronically, effective on the date You request a Program.
Legion may also require You to consent to these Terms when You first request to participate in a Program. You will be prompted to read these Terms and asked to click a box that prompts You to “Agree” that You have read and agree with these Terms. By clicking the “Agree and Continue” box, You are acknowledging that You read and understood these Terms, and You are agreeing to be irrevocably bound by these Terms.