Terms and Conditions of Use
(Effective November1, 2011)
Thank you for visiting BrandingDoctor.org (the “Website”), the website of LegacyLife International, LLC DBA BrandingDoctor.org (“BrandDoc”, “we”, or “us”).
1. Limited License and Guidelines For Use. We grant you a limited, nontransferable, nonexclusive license to access this Website and the information available throughout its Webpages and also to download any materials contained therein. After requesting and obtaining our permission, you may provide links to the homepage of this Website and only to the homepage. A request for permission can be made by emailing us at firstname.lastname@example.org. You will be able to view and download certain documents and publications made available on or through this Website. You may not modify, nor allow or cause any third party to modify in any way these documents or publications. All of the restrictions on use of our data and information shall continue to apply to information downloaded from this Website until you destroy all copies of that information.
3. Disclaimers and Limitations on Liability.
(a) No Legal or Tax Advice. The information contained in this Website is provided as a general overview and starting point for learning about our products and services. NEITHER THIS WEBSITE NOR THE INFORMATION OR DATA AVAILABLE ON OR THROUGH IT CONSTITUTES LEGAL, ACCOUNTING, TAX, INVESTMENT, OR OTHER PROFESSIONAL ADVICE OR SERVICES. Because every situation is unique and fact-specific, you should consult a professional who can review and analyze all aspects of your particular situation before making any decision or taking any action.
(b) No Warranties. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Website. THEREFORE, THE INFORMATION IN THIS WEBSITE IS PROVIDED “AS-IS, WHERE-IS”, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS, OR OF THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY IMPLIED INDEMNITIES.
(c) Regulatory Compliance. BrandDoc makes no representations or warranties regarding compliance with government regulations requiring disclosure of information about the products or services advertised on or through this Website.
(d) LIMITATION OF LIABILITY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL BRANDDOC OR ITS AFFILIATES, OR ANY OF THEIR PARTNERS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, OR EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR (1) ANY INFORMATION CONTAINED IN OR OMITTED FROM THIS WEBSITE, (2) ANY RELIANCE ON SUCH INFORMATION WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE (3) ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION IN THIS WEBSITE OR (4) FOR ANY CONSEQUENTIAL, INCIDENTIAL, SPECIAL, PUNITIVE, LOST PROFITS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE.
BRANDDOC AND ITS AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER RELATING TO YOUR ACCESS AND USE OF THIS WEBSITE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6. Intellectual Property. This Website is the property of BrandDoc and is protected by applicable intellectual property laws. BrandDoc retains all title, ownership rights, and intellectual property rights in and to this Website and the information contained therein. You agree to abide by any copyright notice or other restriction contained in any individual information, software, or other material accessible through this Website.
(a) Copyrights. All of the content of this Website, including text, art, graphics, logos, button icons, images, pictures, audio clips and software, is and shall remain the property of BrandDoc, our partners, affiliates, content providers or licensors, and is protected by U.S. and international copyright laws. Except as granted in the limited license provided herein, any other use of this content, including modification, transmission, presentation, distribution or republication, is prohibited without the express prior written consent of BrandDoc in each instance. You shall not change or delete any copyright or other ownership notices from materials reproduced from our Website.
(b) Service Marks and Trademarks. All service marks, trademarks, trade names trade dress, and brand names of BrandDoc, whether registered or unregistered, including without limitation America’s Branding Doctor™, the BrandDoc logo, all page headers, and custom graphics, are the property of BrandDoc, are protected by U.S. and international law, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BrandDoc. All other trademarks, registered trademarks, product names and company names or logos are the protected property of their respective owners.
(c) Infringement Notification Policy. If you believe that any material appearing on this Website constitutes copyright or trademark infringement, you need to send a written notice to our designated agent at [Attn: Legal Department, LegacyLife International, LLC,1566 Somers Point Rd., Egg Harbor Township, NJ 08234]. In your written notice, you will need to include:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted or trademarked work claimed to have been infringed, or, if multiple copyrighted works or marks at a single online website are covered by a single notification, a representative list of such works or marks at that website.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (e.g., a URL).
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or mark owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(d) Your Comments and Feedback. You may not upload or transmit any communications or content of any type that infringe or violate any rights of any party. We welcome your comments and feedback. All communications and comments submitted to or through this Website, including e-mail communications you send through this Website, are non-confidential. BrandDoc reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications you submit through our Website without any obligation to you. You hereby assign to us all ideas, concepts, comments, techniques, visuals, suggestions or communications that you submit through the Website (Submitted Content), and all such Submitted Content shall be and remain the property of BrandDoc. You should not send us any comments that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as service ideas, inventions, or computer code.
(a) Governing Law and Jurisdiction. BrandDoc controls this Website from its offices within the State of New Jersey. BrandDoc does not agree, represent or warrant that the materials or content on this Website are appropriate for use outside of the United States. If you access this Website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. This Agreement (as defined below) shall be governed by, construed and enforced in accordance with the internal laws of the State of New Jersey without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in Atlantic County, New Jersey. You hereby consent to personal jurisdiction over you by the courts within Atlantic County, New Jersey and waive all objection and challenge to such venue and personal jurisdiction.
(c) Compliance with Laws. You will comply with all applicable laws, rules and regulations in connection with your use of our Website and will not engage in any act that has an adverse impact on the performance or availability of our Website.
(d) No Contract. The use of this Website, your subscription to our mailing address, and your submission of information through this Website does not obligate or commit BrandDocor any of affiliates to provide consulting services or advice to you or to offer or enter into an insurance contract with you.
(e) Assignment. BrandDoc may assign or transfer its rights and duties under these Terms and of Use to any party at any time without notice to you and/or your approval.
(f) Questions Regarding this Website. Questions or comments regarding this Website should be directed to BrandDoc by e-mail at email@example.com or by telephone at 610-829-0388.
(i) Severability and Waiver. If any provision of this Agreement shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the parties’ fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired. Failure by either of us to insist on the strict performance of any of the terms and conditions of this Agreement in one or more cases shall not be considered as a waiver or relinquishment for the future of any such term or condition or of any other term or condition.
8. Communications. BrandDoc primarily uses email to communicate with its Website customers. All receipts, follow-up messages, confirmation notices, welcome messages and the like are delivered through electronic communications. BrandDoc may periodically communicate service and other suitable updates with its customers via email.
BY ACCESSING THIS WEBSITE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND APPROVED OF THIS AGREEMENT; YOU HAVE HAD AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL AND WITH SUCH OTHER EXPERTS OR ADVISORS AS YOU HAVE DEEMED NECESSARY IN CONNECTION WITH THIS AGREEMENT. THE FACT THAT BRANDDOC MAY HAVE DRAFTED ALL OR PORTIONS OF THIS AGREEMENT SHALL HAVE NO BEARING UPON ITS INTERPRETATION OR CONSTRUCTION.
YOU UNDERSTAND AND AGREE THAT THE PROVISIONS CONTAINED HEREIN REPRESENT AN AGREED ALLOCATION OF RISK WHICH IS REFLECTED IN THE OBLIGATIONS HEREUNDER SUCH AS THE DISCLAIMER OF ALL WARRANTIES AND THE LIMITATIONS ON LIABILITY. BRANDDOC COULD NOT PROVIDE ITS PRODUCTS OR SERVICES TO YOU AT THE CURRENT PRICING “BUT FOR” YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
Effective Date: November 1, 2011