Privacy Policy & Terms of Use
The Effective Date of the Privacy Policy is November 13, 2021.
BEYOND THE LEGACY.COM PRIVACY POLICY
INTRODUCTION
This privacy notice (the “Notice”) covers how and why Beyond the Legacy, LLC (“we”, “us”, “Company”) collect, use, and disclose information that identifies or can be used to identify you (sometimes referred to as “Personal Data” or “Personal Information” under applicable privacy and data security laws, and hereinafter, “Personal Data”) when you access or use the www.beyondthelegacy.com, or any of its sub-domains or other owned websites or mobile applications (which may have additional Terms of Use) (the “Sites”), other products, brands or services that link to this Notice (collectively, the “Services”) or when you otherwise interact with us. If you do not agree with the content of this Notice, please do not use our Sites or otherwise interact with our company, Services, brands or products.
WHAT DATA WE COLLECT AND HOW?
When you use our Services, we may collect or receive Personal Data about you to provide our services and operate our business. Personal Data may include your name, age, gender, photo, general background information, location, email address, mailing address, phone number, credit card information, activities, and interests.
We collect Personal Data in the following ways:
A. Information You Provide to Us Directly:
When you visit and interact with our Services including submitting a posting to any of our forums, message boards, review areas, chats, messaging services, profile pages or other areas of the websites;
When you voluntarily provide information to us when registering for our Services directly or through a social networking site;
When you enter purchase information, place orders, make exchanges or returns, or when you request information about products and services offered through the Services;
When you contact us;
When you enter a contest or sweepstakes, respond to a questionnaire or subscribe to a newsletter;
When you provide us with comments or suggestions;
When you use social media in connection with or to interact with the Services;
When you attend our events or events we sponsor or participate in our field marketing activations or other activities; or
B. Information Collected Automatically:
We also may receive and store certain information about you and your device(s) automatically when you access or use our Services. This information may include:
Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and date and location of the transaction.
Usage and Log Information: We may collect information related to your access to and use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
Device Information: We may collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
Preferences: We may collect information about your preferences to make your use of the Services more productive through the use of cookies.
Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) may use different technologies to collect information, including cookies and pixel tags when you access the Services, whether as a registered user (“User”) or a non-registered user, to automatically record information such as your Internet Protocol (IP) address, browser type and language, Internet service provider, referring and exit websites and applications, operating system, date/time stamp, and clickstream data (“Log Data”). For more information on our collection of your personal data using cookies, please review our Cookies Notice.
C. Information Collected from Other Sources
We also may collect or receive Personal Data from third parties such as service providers, vendors, contractors, and partners as described in Section IV of this Notice.
WHY DO WE COLLECT PERSONAL DATA?
Company collects Personal Data for the following business or commercial purposes:
Account registration. We create your User account for your use of the Services based upon the Personal Data you provide. If you decide to create a User account on our Services by logging into a social networking site, you are using the Personal Data you have already provided to the social networking site (such as your name, email address, and other information you make publicly available via the social networking site) to create your User account on our Services. The information we collect may depend on the privacy settings you have with the social networking site, so please consult the social networking site’s terms of use and privacy policy.
Communications. We use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you with an “opt-in” mechanism.
Order Fulfillment. We use your Personal Data to assist us in fulfilling orders you place with us, such as making shipping arrangements and contacting you about back orders, returns or exchanges. If you use a credit or debit card for any purchase, we will collect and retain the necessary information about such card that you submit to complete that purchase, as well as keep a history of your purchases. We use the collected information to process your purchases and to better assist you when you contact us.
Operation, maintenance, and improvement of our Sites, products, and services. We use your personal data to aid us in the operation and maintenance of our Services. We also use such information to help us improve our Services and the products and services we offer to you in order to better serve you and our other customers. For example:
o We may use Log Data to monitor and analyze use of our Services and our Services’ technical administration, to increase our Services’ functionality and user-friendliness, and to better tailor our Services and marketing or promotional materials to our visitors’ needs. For example, some of this information is collected so that when you visit our Services again, it will recognize you and the information could then be used to provide advertisements and other information appropriate to your interests. We also use this information to verify that visitors to our Services meet the criteria required to process their requests.
o We may combine your Personal Data with certain non-identifying information (e.g., age and individual preferences) that you provide as part of your registration on our Services (“Non-Identifying Information”) and aggregate it with information collected from other users of the Services to attempt to provide you with a better experience, to improve the quality and value of our Services and to analyze and understand how our Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Customer service. We use your Personal Data to:
o personalize your experience and deliver the type of content and product offerings in which you are most interested;
o better service you when responding to your customer service requests and questions;
o send periodic emails regarding your order or other products and services; and
o follow up with you after correspondence (live chat, email or phone inquiries).
Miscellaneous. We use your Personal Data in other ways as required or permitted by law or with your consent.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without first providing you with notice
4. HOW WE SHARE PERSONAL DATA
We may share or disclose your Personal Data for a business purpose with the following third parties:
Vendors: We may engage vendors, third parties, service providers, contractors, and partners to:
o facilitate the operation of our Sites including operating our Sites on our behalf, performing website-related services (e.g., maintenance services, database management, web analytics, and improvement of our websites' features), and/or assisting us in analyzing how our websites are used;
o facilitate and deliver the various forms of communication described in Section 3 of this Notice and/or track, personalize, and deliver marketing or other promotional materials;
o fulfill purchase orders including making shipping arrangements, contacting consumers about back orders, returns or exchanges, processing payments, and/or assisting with billing and collection; and
o provide customer service support.
Data Analysts and Aggregators: We may share aggregated information that does not include Personal Data, and we may otherwise disclose Non-Identifying Information such as general (non-specific) geographic location, device/browser technology, onsite behavior, population data, user segmentation, survey results, and Log Data, with third parties for data analysis, demographic profiling, and other purposes. Any aggregated information shared in this manner will not contain your Personal Data. Non-Identifying Information is considered a part of your Personal Data only if combined with other identifiers (e.g., combining your zip code with your street address) in a way that enables you to be personally identified or contacted. The same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (e.g., your viewing preferences).
Social Networking Sites: We may allow users to link their social media accounts to our Services, and may allow linking to accounts of future social networking sites as they are developed. You will be prompted to decide whether or not your activity on our Services will be shared and disclosed on your social media account. Unless the social networking site has received your Personal Data independently of our Services, these social networking sites will only have access to your Personal Data (not including credit or debit card information) for the purpose of making the link to your User account.
Government and Law Enforcement: Company cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We can disclose any information about you to government or law enforcement officials or private parties as we believe necessary or appropriate to respond to claims and legal process including subpoenas and litigation, and to protect the safety, property, and rights of Company or other parties or to prevent or stop activity we may consider to be illegal, unethical or legally problematic.
Miscellaneous: In addition to the above, we may disclose Personal Data to third parties to fulfill the purpose for which you provide it, for any other legitimate business or commercial purpose disclosed by us when you provide the information, or with your consent (where appropriate).
5. PROTECTING YOUR PERSONAL DATA.
Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone, and Company will never ask you for your password, credit card information or Personal Data in any unsolicited communication such as phone calls or emails.
6. TRANSFERS TO OTHER COUNTRIES
Company may share your Personal Data as described in Section 4 of this Notice, which means that your information may be transferred to, and maintained on, computers or with third parties located outside of your state, province, country or other governmental jurisdiction. Your Personal Data may therefore be subject to privacy laws of other jurisdictions. If you are located outside the United States and choose to provide information to us, Company may transfer your Personal Data to the United States and process it there.
7. DATA RETENTION AND DELETION
Company keeps your Personal Data for varying amounts of time depending on the type of Personal Data collected, and where we have an ongoing legitimate business need to do so, including customer services, processing product orders, making data-driven business decisions, maintaining appropriate business and financial records, complying with our legal and regulatory obligations, and resolving disputes. We may keep some of your Personal Data for as long as you are a Company customer. For example, we may keep your order history, payment information, account information (including personal goals and product preferences), email address(es), and shipping and billing addresses. If you request, we may delete or anonymize your Personal Data so that it no longer identifies you, unless we are legally allowed or required to maintain certain Personal Data, including situations such as (i) an unresolved issue related to your User account, (ii) tax, audit, and accounting obligations, (iii) an unresolved claim, dispute, allegation or litigation, and (iv) mandatory data retention laws in the applicable jurisdiction including regulatory obligations to preserve data relevant to an investigation.
8. INTERNATIONAL RESIDENTS
Our Sites are for the use of residents of the United States and this Notice describes our policies and procedures in the United States. Regardless of where you live, by using the Sites or engaging with us while within the United States, you consent to have your personal data transferred, processed, and stored in the United States, and allow us to use and collection your personal information in accordance with this Notice. If you live outside the United States, we may host a website or application designed for use in your jurisdiction and we encourage you to use that website or application.
Our Sites are for the use of residents of the United States and are not intended for residents of the European Union or for the monitoring of the activities of European residents’ behavior as far as that behavior takes place within the European Union. We are not located in the European Union and do not intend to be subject to any provisions of the General Data Protection Regulation 2016/679 (GDPR). None of the protections afforded under the GDPR apply to the Website. If you are a resident of the European Union, and use our site, any data we collect or you provide or we independently collect, including personally identifiable information, will be collected pursuant to the terms of this Privacy Policy and the information will be processed in locations not necessarily deemed compliant with the provisions of the GDPR
9. ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS
In accordance with the California Consumer Privacy Act (the “CCPA”), the following table summarizes our Personal Data collection in the preceding twelve (12) months. As reflected in this table, we may share your Personal Data as set forth herein with a variety of outside entities including service providers, third parties, our subsidiaries, and law enforcement. Personal Information does not include publicly available information from government records or de-identified or aggregated consumer information.
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
Collected: YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
Collected: YES
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Collected: NO
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Collected: YES
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Collected: NO
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Collected: YES
G. Geolocation data.
Physical location or movements.
Collected: NO
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: NO
I. Professional or employment-related information.
Current or past job history or performance evaluations.
Collected: NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Collected: NO
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: NO
Our Sites may obtain the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from forms you complete.
Indirectly from you. For example, from observing your actions on our Sites.
Directly from third-parties.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Data over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
The categories of Personal Data we collected about you.
The categories of sources for the Personal Data we collected about you.
Our business or commercial purpose for collecting or selling that Personal Data.
The categories of third parties with whom we share that Personal Data.
The specific pieces of Personal Data we collected about you (also called a data portability request).
If we sold or disclosed your Personal Data for a business purpose, two separate lists disclosing:
o sales, identifying the Personal Data categories that each category of recipient purchased; and
o disclosures for a business purpose, identifying the Personal Data categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your Personal Data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Data from our records, unless an exception applies under the CCPA.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty, returns policy or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.)
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligations.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Completing or submitting our webform
Emailing us at privacy@beyondthelegacy.com
Writing us at Beyond the Legacy, LLC, 300 Main Street, #213, Madison, NJ 07940 USA, Attention: Privacy Team.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Data sales. We will only use Personal Data provided in an opt-out request to review and comply with the request.
Non-Discrimination and Financial Incentives
We will not discriminate against you for exercising your rights under the CCPA. Unless otherwise permitted by the CCPA, we will not:
Deny you goods or services;
Charge you different prices or rates for goods or services including through granting discounts or other benefits, or imposing penalties;
Provide you with a different level or quality of goods or services; or
Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer certain financial incentives permitted by the CCPA.
10. HOW TO ACCESS AND CONTROL YOUR PERSONAL DATA
Nevada Residents. Nevada residents may opt out of the sale of certain Personal Data collected by website operators. Although we do not currently sell Personal Data (as “sale” is defined under Nevada law) or have any plans to sell Personal Data, you may contact our Privacy Team at privacy@beyondthelegacy.com to opt out of any future sale of your Personal Data.
Email Communications. If you decide at any time that you no longer wish to receive email communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “preferences” in your User account settings.
Cookies. We do not sell your Personal Data for money but we offer cookies and other tracking technologies, which may in some cases constitute the sale of your Personal Data under the CCPA. To opt-out of the sale of your Personal Data, please click Do Not Sell My Info and complete and submit the webform. This will cause information to cease to be added to any cookies or other tracking technologies that have been set on our Services or block them entirely. Please note that you will need to opt out again if you visit one of our Services from a different device or browser or if you clear your cookies.
Additionally, you can choose to turn off all cookies through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies preferences. Please note that if you turn cookies off, some features of our Services will be disabled and you may not be able to use all portions of our Services or all functionality of our Services. If you have any questions about how to disable or modify cookies, please see our Cookies Notice or contact our Privacy Team at privacy@beyondthelegacy.com or Beyond the Legacy, LLC, 300 Main Street, #213, Madison, NJ 07940 USA, Attention: Privacy Team.
De-Linking Social Networking Sites. If you decide at any time that you no longer wish to have your social media account(s) (such as Facebook, Instagram or Twitter) linked to your User account, then you may de-link the social media account(s) in the “preferences” section in your User account settings
Changing or Deleting Personal Data in Your User Account. Any User may access, review, update, correct or delete the Personal Data in their User account (including any imported contacts) by editing their profile via our Services. If you completely delete all of your Personal Data, then your User account may be deactivated. If you delete your User account and any other contributions from our Services, copies of your records may remain viewable in cached and archived pages, or might have been copied or stored by other users of our Services. We may retain an archived copy of your records as required by law or for legitimate business purposes.
11. OTHER IMPORTANT PRIVACY INFORMATION
Minors. Our websites are not directed to minors (persons under the age of majority in their relevant jurisdiction), and we will not knowingly collect or sell Personal Data from minors without affirmative authorization. If you are a minor, do not use or provide any information on any of our Services, or on or through any of its features, make any purchases through our Services, use any of the interactive or public comment features of our Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected, received or sold Personal Data from a minor without verification of parental consent, we will delete that information. If you believe we may have any information from or about a minor, please contact our Privacy Team at privacy@beyondthelegacy.com or Beyond the Legacy, LLC, 300 Main Street, #213, Madison, NJ 07940 USA, Attention: Privacy Team.
Do Not Track Signals. Your browser settings may allow you to transmit a “Do Not Track” signal to websites you visit. Our websites, similar to many other websites and online services, do not respond to Do Not Track signals.
12. LINKS
We may have advertisements or other content that link to third party websites which have their own terms of use and privacy policies. If you decide to visit those websites, understand that you are leaving our websites and those third parties may place their own cookies or other files on your computer and collect, use or share your Personal Data according to their separate policies and practices. Please read those third parties’ privacy policies to determine how they collect and process your Personal Data. While we have no responsibility or liability for the content and activities of these linked websites, we are interested in protecting the integrity of our Services and welcome any feedback about those linked websites.
13. CHANGES TO THIS NOTICE
It is our practice to post any changes we make to this Notice on this page. If we make material changes to how we treat your Personal Data, we will notify you through a notice on the Services. The date this Notice was last updated is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable e-mail address for you, and for periodically visiting our Services and reviewing this Notice to check for any changes. By accessing or using our Services, you agree to this Notice. Your continued use of our Services after we make any changes to this Notice is deemed to be acceptance of those changes.
14. HOW TO CONTACT US
If you have a privacy concern, complaint, suggestion or question for Company, or if you wish to exercise your rights related to your Personal Data, please contact our Privacy Team at privacy@beyondthelegacy.com; or Beyond the Legacy, LLC, 300 Main Street, #213, Madison, NJ 07940 USA, Attention: Privacy Team.
Beyond the Legacy, LLC (“Company”) Terms of Use
The Effective Date of these Terms of Use is November 13, 2021.
These terms of use are entered into by and between you and Beyond the Legacy, LLC (“Company”, “we” or “us”), and govern your access to and use of www.beyondthelegacy.com, any sub-domains or successors thereto, its related mobile applications and any content, functionality and services offered on, through or in connection with such sites or mobile applications (collectively, the “Sites”).
BEFORE USING THE SITES, PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE, WHICH GOVERN YOUR USE OF THE SITES (the “Terms of Use”). Your use of the Sites is contingent upon your review and agreement to the Terms of Use, Privacy Policy (as defined herein), and other posted related policies (the “Policies”). If you do not agree to the Policies then you are not permitted to utilize the Sites. Company reserves the right to modify the Policies including but not limited to these Terms of Use at any time and from time to time without notice. If we do change the Terms of Use, we will post the changes to the Sites and will indicate at the top of this page the effective date of the new Terms of Use. Your use of the Sites constitutes your agreement to be bound by the Policies and we encourage you to therefore review them periodically.
YOU ACKNOWLEDGE AND AGREE THAT THE POLICIES REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You acknowledge and agree that the Policies are supported by good and valuable consideration including but not limited to permitting your use of the Sites and receipt of data and information.
The Sites are intended for users from the United States only. Users from the European Union or outside of the United States are advised not to disclose personal information to Company.
The Sites are offered and available to users who are eighteen (18) years of age or older. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.
Modifications to the Sites and Limited Promotions
Company reserves the right in its sole discretion, at any time and from time to time without notice to change, modify, alter, suspend or discontinue any feature, service, product, content or functionality offered through the Sites (“Modifications”). Such Modifications may include but are not limited to offering opportunities or promotions to some but not all users of the Sites; adding premium features with or without charge; requiring registration or verification for use of any feature; or discontinuing any part or all of the Sites.
Please note that special terms of use may apply to particular promotions or activities contained or offered on the Sites (each a “Limited Promotion”), which such terms shall be posted in connection with the Limited Promotion. The terms for the Limited Promotion shall be incorporated into and made a part of the Terms of Use and Policies for the term of the Limited Promotion, provided that in the event of a conflict between the terms for the Limited Promotion and the Policies, the terms for the Limited Promotion shall control.
Site Transactions
All features, content, specifications, products and prices of products and services described or otherwise depicted on the Sites are subject to change at any time in Company’s sole discretion without notice. Company makes all reasonable efforts to accurately display the attributes of the products but we cannot guarantee that your computer system will accurately display the attributes of such products. The inclusion of any products or services on the Sites at any particular time does not imply or warrant that these products or services are available at that time or available for shipment to your preferred shipping location.
By placing an order, you represent and warrant that such use will be only in a lawful manner for your personal use and not for re-sale or distribution to third parties and that you are authorized to use the credit card or other payment method you have used in connection with such order. Company reserves the right to refuse any order or transaction you place through the Sites. Additionally, Company may limit or cancel quantities or orders purchased per registrant, person, per household or per order, for a violation of any of the Policies or otherwise as Company determines in its sole discretion.
All orders made on the Sites shall be subject to the applicable product returns as set forth below.
Order Acceptance and Shipping
You agree that your order is an offer to buy, under these Policies, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. When the order is ready to ship, we will send you a ready to ship notification which will include a tracking number (the “Ready To Ship Notice”). Acceptance of your order and the formation of the contract of sale between Company and you will not take place unless and until you have received the Ready To Ship Notice. You have the option to cancel your order at any time before the delivery of the Ready To Ship Notice by e-mail orders@beyondthelegacy.com with a subject header “Cancellation”.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before shipment. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
We will arrange for shipment of the products to you in the United States. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, excluding original shipping and handling costs, provided such return is made within 30 days of delivery along with your receipt and the merchandise has not been used. Merchandise must be returned in the same condition which it was received. Returns are only accepted if purchased through the Site. To return products, you must email orders@beyondthelegacy.com with the subject header “Returns”.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during return shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are initiated within 24-72 hours following the refund request and are processed within approximately five (5) to ten (10) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
SITE MATERIALS AND POSTINGS
Site Materials
Except as otherwise explicitly noted, all information, materials and other content on the Sites, including but not limited to all text, images, designs, photographs, videos and other materials (the “Materials”), are the copyrighted property of Company or its licensors. You acknowledge and agree that the Materials and the copyrights, trademarks, trade dress and/or other intellectual property in connection with such Materials is owned, controlled or licensed by Company. The Materials on the Sites are intended solely for your personal, non-commercial use. Unless Company explicitly authorizes otherwise in writing, you may not download, copy, transmit, reproduce, publish, distribute, modify or otherwise exploit the Materials in any manner other than for your non-commercial use of the Sites. If you print, copy, modify, download or otherwise use or provide any person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made. No right, title or interest in any Materials is transferred to you through your use of the Sites, regardless of whether or not the Materials are configured to enable the download or copying thereof. Where the Sites are configured to enable the download or copying of any Materials, such download or copying, shall be for your personal non-commercial use only. In no event shall you remove any intellectual property notices or be permitted to utilize the Materials for any commercial purposes. Further, in no event shall you decompile, disassemble, or reverse engineer any code, function or feature on the Sites.
You shall never challenge or encourage anyone to challenge Company’s ownership of or the validity of Company’s trademarks, logos, trade dress, or service marks displayed on the Sites or any application or registration thereof (“Company Marks”).You shall not at any time or in any manner, knowingly or intentionally, engage or perform in any activity or permit any act, which may in any way adversely affect any Company Marks or Company’s rights therein. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel or otherwise any license or right to use any Company Marks without the written permission of Company. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Postings
Provided that your Postings (as defined herein) to the Sites comply with the User Code of Conduct (as defined herein), Company welcomes your comments regarding our products, services and any other topic with which we specifically request or permit your input. However, in order to avoid the possibility of any future misunderstandings in connection with products, projects or creative ideas which Company develops, which may be similar to a third party’s creative materials, it is the Company’s long-standing policy to not allow, accept, or consider creative ideas, proposals, suggestions or other materials from you (“Unsolicited Materials”) unless we have an express written agreement executed by you and us to the contrary. Therefore, we request that you do not provide any Unsolicited Materials in the Postings or in any other manner to Company. You acknowledge and agree that any Postings or other materials provided to Company by any means shall not be made in confidence or with obligation to review or provide any consideration or compensation. You acknowledge and agree that Company is constantly developing products, programs or services and that the development and exploitation thereof shall not entitle you to any compensation of any sort, regardless of the similarity to any Unsolicited Materials or Postings.
You further acknowledge and agree that Company at any time and without restriction may edit, copy, publish, distribute or otherwise exploit the Postings in any medium or manner in its sole discretion. By submitting a Posting to any of the Sites, you automatically grant and you represent and warrant that you have the right to grant to Company an irrevocable, perpetual, non-exclusive, transferrable, fully paid, royalty free, worldwide license (with the right to sublicense), to use, copy, perform, display, reformat, translate, distribute, excerpt (in whole or in part), prepare a derivative work of, incorporate into other works, or otherwise exploit any portion of the Postings in any media or manner now known or hereafter developed in Company’s sole discretion. For the purposes of the Policies, “Postings” shall mean any text, stories, artwork, images, photographs, video clips, messages, ideas, concepts, suggestions, audio-visual works, musical compositions, characterizations or other materials, as well as your username, profile, name, likeness or other identifiable materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through the Sites. You acknowledge and agree that in order to make a Posting you may be required to engage in a registration process which may require you to provide additional information and to acknowledge the Policies.
You acknowledge and agree that any feature of the Site that permits users to submit a Posting or any other text, image or commentary including but not limited to forums, message boards, review areas, chats, messaging services, profile pages, blogs or other messaging functions (each a “Forum”) is for public and not private communications and that you have no expectation of privacy with regard to any Posting or other information or materials submitted by you in any Forum. Company has no duty to monitor or take any other action with respect to the Forums. You make such Postings at your own risk, and you shall be solely responsible for any liability for the Postings, which you submit to the Sites or are otherwise submitted under your username in any Forum or otherwise. Company shall not have any liability for any Postings submitted by a third party user and it is explicitly acknowledged and agreed that Company is not responsible for and does not endorse the opinions, statements, advice or other content posted in the Forums. Your use of the Forums or any content/information therefrom is at your own risk, and Company makes no representation or warranty related to the accuracy, safety or non-infringement thereof. Company specifically disclaims any and all liability in connection with the Forums, and while Company does not have any obligation to do so, Company reserves the right to refuse to post, publish, remove, modify or take any action it determines with respect to any Postings in the Forums or otherwise on the Sites.
While Company’s administrators of the Sites will attempt to keep all objectionable messages out of the Forums, it is not possible for Company to review all Postings. All Postings express the views of the author and Company shall not be held responsible for any content in any Posting. By submitting a Posting, you agree that you are responsible for the content of the Posting and compliance with these Terms of Use including, without limitation, the User Code of Conduct.
User Code of Conduct
As a condition for use of the Sites, you represent and warrant that your Postings and any and all use of the Sites shall conform with the following code of conduct (“User Code of Conduct”). You agree that: (a) you are solely responsible for any Postings made by you; (b) the Postings are original to you and/or that you have all necessary rights, licenses, consent and permissions to make such Postings and grant the rights granted herein without the need for permission or payment to any third party; (c) the Postings are accurate when they state facts and genuine when they state opinion; (d) the Postings must not give the impression that they emanate from or are approved by Company; (e) the Postings do not infringe on the copyright, trademark or any other intellectual property rights of any third party; (f) the Postings shall not contain any libelous, defamatory, unlawful, illegal, pornographic, indecent, offensive, obscene, bigoted, hateful, or racist materials, or promote unsafe activities that could lead to an unsafe situation involving Company, its products or other individuals; (g) the Postings shall not violate the intellectual property, privacy or other rights of a third party (specifically, you are not permitted to submit another person’s name, image or likeness or any parties’ trademarks without their express written permission) or otherwise in violation of applicable law; (h) the Postings shall not threaten the safety of any individual; (i) the use of the Sites and the Postings are not for any antisocial, disruptive or illegal purposes, including but not limited to “spamming”, “trolling”, “flooding” or “bullying”; (j) the use of the Sites and Postings shall not encourage or advocate illegal activity or the discussion of illegal activities; (k) the use of the Sites and Postings are not made or used by you for any commercial purposes and you shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters” “pyramid schemes” or other form of solicitation or advertisement; (l) your use of the Sites and any Postings do not contain any computer virus or other malware that could in any way affect the operation of the Sites or operate in a manner which violates the Policies; and (m) you are above the age of eighteen (18) and that any information submitted in the registration or other use of the Sites shall not contain any false information and further that you shall not pretend to be someone other than yourself, or otherwise mislead Company or third parties as to the origin of any Postings.
You are solely responsible and liable for any Postings and your use of the Sites. You acknowledge and agree that Company (i) takes no responsibility and assumes no liability for any Postings by you or any third party; (ii) may review, delete or remove any Posting or portion thereof which in Company’s sole judgment violates the User Code of Conduct, the Policies or otherwise might be offensive, illegal, violate any third party’s rights or threaten the safety of any other users of the Sites or other third parties; and (iii) may identify any user and/or disclose to third parties any personal identifiable information in connection with any user in order to facilitate compliance with any laws or otherwise to enforce the Policies and/or protect the safety, security or other rights of any third party. Company reserves the right to remove any Postings at any time for any reason or no reason whatsoever. Further, you acknowledge that Company may suspend or terminate your account or refuse to permit you to use the Sites or any portion therefore in the event Company believes you have violated the User Code of Conduct or any of the Policies.
Company does not guarantee that other users are or will be complying with the User Code of Conduct or any other portion of the Policies and your use of the Sites are at your own risk. You hereby assume all risk of harm or injury from a third party’s lack of compliance with the User Code of Conduct. Should you have a good faith belief that any party is engaged in any activity, which violates the User Code of Conduct, we encourage you to contact us at support@beyondthelegacy.com and in the subject heading please type “USER CODE OF CONDUCT”.
Personal Information Submitted Through the Sites
Some aspects of use on the Sites permit or may require you to register and/or create an account to participate or secure certain benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. In connection with any registration, you shall not misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph and shall provide true and correct information. You provide such personal information at your own risk, and you shall be solely responsible for any liability resulting from information that you submit to the Sites or are otherwise submitted under your username in any account or otherwise. You also agree to promptly notify us at support@beyondthelegacy.com of any unauthorized use of your username, password, other account information or any other breach of security that you become aware of involving or relating to any Sites and in the subject heading please type “ACCOUNT SECURITY BREACH”. Company shall not have any liability for any information submitted by a third party user whether or not authorized to use or access your account. Your use of your account or any content/information therefrom is at your own risk, and Company makes no representation or warranty related to the accuracy or safety thereof. Company specifically disclaims any and all liability in connection with your account. Your submission of personal information through the Sites and use by Company thereof is governed by Company’s privacy policy, which can be reviewed by clicking on the “Privacy Policy” link located in the footer section of the Sites (the “Privacy Policy”).
Minor Use of the Site
The Sites are not directed to children under the age of thirteen (13), and we will not knowingly collect personally identifiable information from children under thirteen (13). Further, you must be eighteen (18) years or older to register to use the Sites and make any purchase in connection thereto. By registering or purchasing any product or service, you represent and warrant that you are eighteen (18) or older and authorized to enter into the transaction contemplated therein and you agree to abide by any such restrictions, and not to help anyone avoid such restrictions. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
Copyright Complaints
Company respects the intellectual property of others and has adopted and implemented a policy that provides for the reporting of any Materials or Postings, which you believe infringes your copyright. In the event you have a good faith belief that your work has been copied or that any Materials or Postings infringe your copyrights, please provide Company’s copyright agent listed below with the following information in writing:
Identification and description of the infringing material or activity along with information sufficient to identify the location on the Sites of such material or activity;
Identification and description of the copyrighted work that you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the use in the manner complained of is not authorized by the copyright owner, its agent or the law;
A statement made by you, under the penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right which is being infringed; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
Company’s copyright agent for notice of claims of copyright infringement for the Sites is as follows:
Copyright Agent, Beyond the Legacy, LLC, 300 Main Street #213, Madison, NJ 07940 or support@beyondthelegacy.com and in the subject section, please type “ATTN: COPYRIGHT AGENT”. Company may give you notice that it has removed or disabled access to certain material by means of a general notice on any Sites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Company’s designated agent within the time period prescribed therein that includes the following:
An identification of the Postings or material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you are the copyright owner, licensee or otherwise have a good faith belief that the Postings or material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
Your name, address, telephone number and email address;
A statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district, and that you will accept service of process at the address above from the person who provided notification of allegedly infringing material or an agent of such person; and
Your electronic or physical signature.
It is our policy to terminate relationships with third parties who repeatedly infringe the copyrights of others.
If you fail to comply with all of the requirements of Section 512(c)(3) of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Links to Other Web Sites and Services
The Sites may contain links to other websites. Company is not responsible for the content, accuracy, or opinions expressed in other websites, and other websites are not investigated, monitored, or checked for accuracy or completeness by Company. Inclusion of any linked website on or through the Sites does not imply our approval or endorsement of the linked website or any products or services contained therein. We strongly advise that you properly investigate before accessing any linked website or engaging in any use or transaction therewith. Such linked websites are not controlled by Company and are subject to different terms of use or privacy policies.
If you decide to leave the Sites and access other websites EVEN THROUGH A LINK ON THE SITES, you do so at your own risk, and Company specifically disclaims any and all liability related thereto including but not limited to the accuracy, legality or decency of any materials contained on such sites.
Disclaimer of Warranties
The Materials provided on this website are for informational purposes only. Company is not responsible for any incorrect or inaccurate content posted on the Sites, whether posted by users of the Sites, or by any of the equipment or programming associated with or utilized by the Sites. Company is not responsible for the conduct, whether online or offline, of any user of the Sites. The Sites may be temporarily unavailable from time to time for maintenance or other reasons. Occasionally there may be information on the Sites that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order). Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users.
You understand that we cannot and do not guarantee that files for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITES, OR ON ANY WEBSITE LINKED TO THE SITES.
YOUR USE OF THE SITES, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES including but not limited to the Materials and Postings ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET OR EXCEED YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURER, DISTRIBUTOR, AND SUPPLIER, IF ANY. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS DUE TO NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, MODIFICATION, IMPROPER SELECTION, NON-COMPLIANCE WITH ANY CODES, AND MISAPPROPRIATION.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED FROM THE SITES, ANY CONTENT ON THE SITES OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Notwithstanding anything to the contrary contained herein, Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to Company for the products or service on the Sites; or (b) one hundred dollars ($100). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Indemnification
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, and hold Company, its affiliates, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach of the Policies or representations and warranties by you or arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right of reasonable approval over the choice of counsel to defend the Indemnified Parties, which such cost and expense shall be borne by you.
Dispute Resolution
In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on or use of the Sites, or the breach, enforcement, interpretation, or validity of the Policies or any part of it (a “Dispute”), you agree submit such claim to binding arbitration in Newark, New Jersey in accordance with the rules of the American Arbitration Association (the “AAA”). The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. The arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual or entity under applicable law, the AAA rules, and the Policies. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. Under no circumstances will you be permitted to obtain awards for, and each user hereby waives all rights to claim, punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of users and us in connection with the Policies, shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Jersey. If any of these Terms of Use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining provisions of these Terms of Use and will not affect the validity and enforceability of the remaining provisions. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Truth-in-Consumer Contract, Warranty and Notice Act - New Jersey Residents
The following provision applies to residents of the State of New Jersey. Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers which include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by State or Federal law. The Terms of Use are intended to comply with TCCWNA. In the event of a conflict between the Terms of Use and the TCCWNA, the terms of the TCCWNA take precedence and will control.
The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey. The following provisions of the Terms of Use shall not be applicable to New Jersey residents: (i) provisions which limit the Company’s liability for any tortious action or breach of contract by the Company; (ii) provisions which limit the amount of damages which may be sought for any tortious action or breach of contract by Company; and (iii) provisions which limit the time within which claims against the Company must be brought.
Domestic Use; Export Restrictions
Company controls the Sites from its offices located within the United States of America. Company makes no representations that the Sites, Materials or products and services available thereon are appropriate for use in other locations outside the United States. Users who access the Sites from outside the United States of America do so upon their own accord and are solely responsible for compliance with local laws. No Materials may be downloaded in violation of United States export control laws, which prohibit the exportation of certain technical data and software to certain territories.
Consent To Electronic Communication
You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Sites as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.
Contacting Us
If you do not understand these Terms of Use or if you have any questions about the Policies or the operation of the Sites, you may contact:
Beyond the Legacy, LLC
300 Main Street, #213
Madison, NJ 07940 USA Attn.: Customer Support
Email: support@beyondthelegacy.com