MEMBERSHIP TERMS AND CONDITIONS
- Acceptance of Terms. The services which the LEGACY DECKS ACADEMY (“LDA”) provides to its members (collectively “Members” and individually as “Member”) are subject to terms and conditions provided herein (these “Terms & Conditions”). By electing to become a member of LDA and accepting the Services, each Member agrees to be bound by these Terms & Conditions. LDA reserves the right to update these Terms & Conditions at any time.
- Description of Services. LDA may provide its Members with mentoring, networking, training and related services (collectively, the “Services”). The Services may include, without limitation, the following deliverables depending on program selected: (i) private networking community, (ii) course content, (iii) quarterly events, (iv) weekly calls, (v) member log-in portals with training and educational materials, (vi) evergreen video content, and (vii) individualized coaching services. Notwithstanding the foregoing, LDA reserves the right to alter, add to, discontinue specific elements of the Services contemplated above at any time for any reason. The Services at all times are subject to these Terms and Conditions.
- Participation In or Use of the Services. Each Member acknowledges that such Member is participating in or using the Services at its own free will and election. Member acknowledges that LDA does not have any liability with respect to Member’s participation in or use of the Services or any loss, damage or claim resulting from such participation or use.
- Payment Terms. Each Member shall pay the total membership fee (the “Fee”) in the manner mutually agreed upon by Member and LDA in Member’s Membership Agreement. Any Fee or portion thereof not timely paid shall be subject to a default fee equal to three percent (3%) of the payable amount. Moreover, any amounts owning more than thirty (30) days shall be subject to default interest until paid in full in the amount of two percent (2%) per month. Member may authorize LDA to process timely credit card or ACH payments. LDA reserves the right to increase the Fee upon written notice to Member. Members who pay for an annual membership up-front will not be permitted to switch to the monthly Fee payment model prior to the end of the Initial Term. ALL MEMBERSHIP FEES ARE NON-REFUNDABLE.
- Term and Termination. Each Member’s membership term shall commence as of the date agreed upon by LDA and such Member, and shall continue for a period of twelve (12) months (the “Initial Term”), provided, however that each membership shall automatically renew for successive one (1) month periods (each a “Renewal Term”) at the then-current pro-rated annual Fee, unless Member provides written notice to LDA of its intent to terminate its membership at least fourteen (14) days prior to the conclusion of the then-current Initial Term or Renewal Term. In the event of any termination, Member shall be responsible for all Fees incurred through the date of termination. Notwithstanding the foregoing, LDA reserves the right to terminate each Member’s membership in LDA at any time for any reason, in LDA’s sole discretion.
- Early Termination Fee. Members who are part of the LDX Program and terminate their membership prior to the end of the Initial Term shall be required to pay to LDA the remainder amount due regardless of participation.
- Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LDA PROVIDES THE SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY EXPRESSLY DISCLAIMS WITH RESPECT TO THE SERVICES, ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BY NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OR COMPLETENESS, NON-INFRINGEMENT.
- Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LDA OR ITS SUBSIDIARIES, AFFILIATES, DIVISIONS AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, MEMBERS, MANAGERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY OR INDIVIDUALLY BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PROPERTY, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS AND CONDITIONS, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF LDA, AND EVEN IF LDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Liability and Remedies. NOTWITHSTANDING ANY DAMAGE THAT MEMBER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING WITHOUT LIMITATION ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF LDA OR ITS SUBSIDIARIES, AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, MEMBERS, MANAGERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS, AND MEMBER’S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY MEMBER BASED ON REASONABLE RELIANCE UP THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID BY MEMBER TO LDA. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING THE PREVIOUS SECTIONS) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS FOR ITS ESSENTIAL PURPOSE.
- Indemnification. Member releases and hereby agrees to indemnify, defend and hold harmless LDA and its subsidiaries, affiliates, divisions and their past, present and future officers, agents, members, managers, representatives, employees, successors and assigns, jointly and individually (collectively, the “LDA Indemnified Parties”), from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties asserted against or incurred by the LDA Indemnified Parties, based upon, relating to, or arising out of (i) the operations of Member’s business activities or the business activities of Member’s affiliated business entities (including without limitation with respect to raising debt or equity capital, day-to-day business operations, and/or any violation of any state or federal statutes or regulations); or (ii) Member’s or its affiliated business entity’s negligent actions, errors and omissions, willful misconduct, unlawful conduct or fraud.
- Acknowledgment. Member acknowledges and understands that as part of the Services, Member will have the opportunity to network and interact with other business leaders, entrepreneurs and professional services providers. Member acknowledges and understands that LDA does not vet, investigate, certify, warrant, or guarantee the business opportunities, investment opportunities or professional services that may be offered from time to time by one Member of LDA to another Member of LDA. LDA encourages all Members to seek qualified professional counsel prior to entering into any business or investment opportunity or relationship which develops through interactions with other LDA Member hereby releases, disclaims and waives any potential claims or causes of action against LDA or the LDA Indemnified Parties (defined above) which relate to or arise out of any business relationship, transaction or opportunity which Member becomes aware of or engages in through Member’s membership in LDA.
- Any controversy or claim arising out of or relating to Member’s membership in LDA or the Services shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be held in Newport Beach, California. Any judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. MEMBER HEREBY KNOWINGLY AND VOLUNTARILY GIVES UP ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, CLAIM OR CONTROVERSY WHICH MAY ARISE WITH RESPECT TO MEMBER’S MEMBERSHIP IN LDA OR THE SERVICES.
- License to Use Member’s Likeness. Member hereby agrees, consents and grants to LDA the absolute and irrevocable right and permission to use Member’s name and likeness and to use, reproduce, edict, exhibit, project, display, copyright, resell and/or publish, still photography, moving pictures, and/or videotaped images of Member with or without Member’s voice, or in which Member may be included in whole or in part, photographed, videotaped, and/or recorded at any LDA event, meeting or activity, and to circulate the same in all forms and media for television, advertising, trade, competition of every description and/or any other lawful purpose whatsoever. Member also consents to the use of any printed material in conjunction therewith.
- Non-Disclosure of Confidential Information. For purposes of this Section, the term Confidential Information shall mean any information presented by LDA or its instructors, representatives, agents or affiliates or otherwise disclosed pursuant to the Services to Member that is not generally known except by those participating in the Services and third parties subject to an express or implied obligation of confidentiality to LDA. Member hereby acknowledges that the Confidential Information is highly sensitive in nature and may also constitute trade secrets of LDA. Therefore, Member hereby agrees that Member has a duty to maintain the Confidential Information as proprietary and secret. Member further acknowledges that disclosure to Member of the Confidential Information is made in the strictest of confidence and that Member shall maintain the Confidential Information as confidential and secret, and shall not make any unauthorized disclosure, use, publication, dissemination or other communication of the Confidential Information to any third party. Member shall not disclose, use, publish, disseminate or otherwise communicate, directly or indirectly, in whole or in part, at any time or in any manner, any Confidential Information without the prior written consent of LDA in each instance. Any Confidential Information that Member acquires or becomes acquainted with pursuant to the Services may not be reproduced, copied, summarized or published in any manner whatsoever without the prior written consent of LDA in each instance. Member acknowledges and agrees that any breach of this covenant of non-disclosure will cause irreparable injury to LDA and that monetary damages alone will not provide an adequate remedy to LDA. Accordingly, Member agrees to the enforcement of this covenant through equitable remedies, including specific performance and injunctive relief.
- Waiver. Each Member, in consideration of its membership, hereby releases LDA and its employees, officers, managers, members and agents, from any and all liabilities, claims, costs, losses or damages (including claims arising from LDA’s own negligence), whether resulting in property damages, personal injury, illness, death, inadequate security, theft, or economic losses that such Member may suffer or which results from Member’s use of the Service or participation in any events, meetings, or activities included within the Services and/or using any of LDA’s facilities or equipment. Member understands that Member’s participation in any LDA-sanctioned activity/event and/or use of LDA’s equipment or facilities may involve some risk of personal injury from time to time. In the event of an emergency, Member hereby authorizes LDA to secure from any licensed hospital, physical or licensed medical personnel any treatment deemed reasonable and necessary for Member’s immediate care. Member agrees that Member will be responsible for payment of any and all medical services rendered.
- Severability. In the event that any provision or portion of these Terms and Conditions is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of these Terms and Conditions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
- Legal Disputes. In the event of any legal dispute regarding the interpretation or enforcement of these Terms and Conditions, the prevailing party in such dispute shall be entitled to recover from the other party its costs and expenses incurred in such dispute, including reasonable attorneys’ fees.
- Entire Agreement. These Terms and Conditions constitute the entire agreement and understanding between the parties with respect to the subject matter hereof, and hereby supersedes and replaces and prior agreements between the parties, whether written or oral relating to the subject matter hereof.
- Assignment. Members may not assign or transfer their membership without the prior written consent of LDA.
- Governing Law. These Terms & Conditions, the Services, and each Member’s membership shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles thereof.
- Modifications. These Terms and Conditions may be amended and updated from time to time at the sole discretion of LDA. Modified versions of these Terms and Conditions will be considered effective as of the date posted to LDA’s website or otherwise delivered to Member via email. Each Member’s continued use of the Services after such modifications will signify each Member’s continued acceptance of, and agreement to be bound by these Terms and Conditions, as so modified.
If you have any questions, concerns or complaints about this [[ Insert Policy Name Here ]], please contact us:
- By email: [email protected]
- By visiting this page on our website: www.legacydecksacademy.com
- By phone number: 864-313-4097
- By mail: 1110 W Butler Rd, Ste C, Greenville, SC 29607