TERMS AND CONDITIONS FOR ONLINE COURSES

Last modified: Last Modified: 01/03/2022

These Terms and Conditions for Online Courses, which incorporate by reference the Website Terms of Use, Privacy Policy and Copyright Policy, and which are subject to the Additional Course Terms and Conditions, if any (collectively, the “Course Terms”), apply to your purchase of any online course (each, an “Online Course”) provided by Living Legacy Association LLC d/b/a Living Legacy (“Company”, “we”, or “us”) including, without limitation, your access to and use of any content, functionality and services offered in connection with your purchase of any Online Course. Please read the Course Terms carefully before purchasing an Online Course and print off a copy for your records. By ordering an Online Course, you are confirming your agreement to be bound by the Course Terms.

Definitions

Capitalized terms used but not otherwise defined herein shall have the following meanings:

“Additional Study Materials” means any Online Study Materials or Physical Study Materials not included in the Course Fee.

“Additional Course Terms and Conditions” means any additional terms and conditions relating to an Online Course agreed in writing by you and the Company.

“Brochure” means any online or hard copy material produced by the Company that provides detailed information with respect to any Online Course.

“Course Fee” means the fee payable for an Online Course, but excludes any delivery charges payable in relation to the delivery of Course Materials, if applicable, and any import duties, taxes and customs clearances which may be payable.

“Course Materials” means the materials provided by the Company in the course of the delivery of any Online Course, which may be: (i) Online Study Materials; and/or (ii) Physical Study Materials.

“Online Study Materials” means any material in an electronic format which may be: (i) downloaded from the Website; or (ii) accessed and viewed on the Website, including, but not limited to, PDFs, MP3s, JPEGs, MPEG4s and MOVs.

“Physical Study Materials” means any material in a physical format, including, but not limited to, DVDs, BLU-RAY, and Audio CDs.

“Website Terms of Use” means the terms and conditions pursuant to which you may access the Website and available at https://livinglegacyassociation.com/terms-of-use/.

“Website” means https://livinglegacyassociation.com/ or any other domain operated by the Company.

Purchase and Confirmation

In order to purchase an Online Course you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate. When you place an order for an Online Course, you are offering to purchase that Online Course on the Course Terms.

A legally binding agreement shall only come into existence once: (i) the Company has accepted your offer to purchase an Online Course by sending you an order confirmation email and by giving you access to the Online Course; and (ii) the Company has received from you (or on your behalf) either:

the entire Course Fee in cleared funds, if you choose to pay for the Online Course with a one-off lump-sum payment; or

the first installment of the Course Fee in cleared funds, if you choose to pay for the Online Course in installments.

The Course Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersede and replace any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Course Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Contract.

You must check the details on the order confirmation email when you receive it. If there are any errors please contact us immediately at [email protected].

Where your order consists of multiple Online Courses, each individual Online Course will be treated by the Company as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Online Courses will not be an acceptance by the Company of your offer to purchase any other Online Courses which make up your order. We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no Contract will arise and we will return any payment accompanying your purchase offer.

Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Course and/or to amend any of the information contained in the Online Course description. We also reserve the right to withdraw at any time Online Courses advertised for sale on the Website and/or in any Brochure.

Payment

The Course Fee for any Online Course at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website and/or in a Brochure and/or will be notified to you by a the Company customer services representative. All amounts are payable in United States Dollars. The prices quoted are exclusive of sales tax. Any currency conversion costs or other charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to the Company.

Unless otherwise specified in respect of a particular Online Course, the Course Fee is payable either:

• with a one-off lump-sum payment, payable with your purchase offer; or
• in installments, with payments being due at certain times over a set period of time, as specified on the Website and/or in a Brochure and/or as notified to you by a the Company customer services representative, with the first installment being payable with your purchase offer.
• Subsequent installments will be automatically deducted from the debit/credit card you used to pay for the first installment. By choosing to pay the Course Fee in installments, you agree that:
• it is your responsibility to ensure that the installment payments are made on the due dates;
• the Company and/or its service providers are authorized to collect the installment payments from the debit/credit card you used to pay for the first installment when such installments become due and payable;
• you will inform us by email at [email protected] if you change your debit/credit card or if your debit/credit card expires or is no longer valid prior to your next installment becoming due and payable;
• any failure to make payment of an installment when due and payable constitutes a breach of the Contract and the Company may suspend or cancel your access to the Online Course until the remaining installment amounts are paid in full; and
• except under the Company’s 30-Day Money Back Guarantee, you shall not be entitled to a refund of any amounts already paid.
  
  

The option of paying the Course Fee in installments is offered subject to availability. Acceptance of your offer to purchase the Online Course and pay the Course Fee by installments is at the sole discretion of the Company. The Company may withdraw the option of paying the Course Fee in installments at any time in its sole discretion. Any such withdrawal shall not affect customers who have already purchased an Online Course and are paying the Course Fee in installments at the date of such withdrawal. The total amount paid for any Online Course may differ depending on whether the Course Fee is paid for with a one-off lump sum payment or in installments.

In the unlikely event that your purchase offer was accepted at a time when the amount of the Course Fee displayed on the Website and/or in any Brochure is incorrect, the Company will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website and/or in any Brochure, then the Company will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Online Course at the increased Course Fee. If you decide that you would like to cancel your order, the Company will give you a full refund in respect of any amount you have already paid. If the correct Course Fee is lower, the Company will refund you the difference between the amount which you have paid and the correct Course Fee payable.

Cancellation (30-Day Money Back Guarantee)

Pursuant to our 30-Day Money Back Guarantee, you may cancel your order and receive a refund, provided you request such refund within the Guarantee Term and otherwise comply with the terms and conditions hereof. The Company shall have the right to change or withdraw the 30-Day Money Back Guarantee at any time in its sole discretion, provided that any such change or withdrawal shall not affect customers who have already purchased an Online Course.

The term of the 30-Day Money Back Guarantee starts on, and includes, the date of purchase and ends at 11:59 PM, Central Standard Time on the thirtieth day thereafter (the “Guarantee Term”). No refund shall be provided in respect of any refund request made after the expiration of the Guarantee Term.

Where the Course Fee is paid in installments, only the first payment is refundable under the 30-Day Money Back Guarantee. Any payments made after the expiration of the Guarantee Term are non-refundable, provided that any installment payments due after the date of cancellation will not be charged to your debit/credit card.

You may request cancellation by:

• sending a written request to: Living Legacy Association, P. O. Box 1750, Winter Park, Florida 32790;
• submitting a request via our support page found at: https://livinglegacyassociation.com; or
• by sending a request via email to [email protected]

Any cancellation request must include, as applicable:

• your full name;
• the e-mail address associated with your purchase; 
• the name of the Online Course you wish to cancel; and
• if applicable, the Additional Study Materials you wish to return.

All Physical Study Materials must be returned to the Company at the address set forth above in a reasonable and resalable condition (for audio, video or software products this means in the sealed package in which they were delivered). Any Physical Study Materials returned to the Company will be at your own risk. You will be responsible for payment of any delivery charges incurred in returning the Physical Study Materials to the Company.

The Company reserves the right to withhold payment of part or all of your refund until all Physical Study Materials have been returned to the Company or if the Physical Study Materials are not returned in a resellable condition. Please note that audio, video or software products cannot be returned if you have removed them from the sealed package in which they were delivered. The Company will deduct from any refund the retail price of any Physical Study Materials which cannot be returned or which are not returned in a resellable condition.

Upon acceptance by Company of your refund request, please allow 5 to 15 business days for the refund transaction to post to your account. Transaction times depend on the policies of your bank or credit card company.

Physical Study Materials

Where Physical Study Materials accompany the Online Course and they are supplied by the Company, a delivery charge may be payable by you to the Company. The details of any delivery charges will be set out on the Website and/or in any relevant Brochure and/or will be notified to you by the Company customer services representative. The Company will arrange for delivery of the Physical Study Materials to the person and address you give the Company at the time you make your order.

When Physical Study Materials are sent to you outside of the United States, you may be subject to import duties and taxes, which are levied once the goods reach the specified destination. Any additional charges for customs clearance must be borne by you. The Company has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when you order goods (including Physical Study Materials) from the Company, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.

Risk of damage to, or loss of, any Physical Study Materials shall pass from the Company to you on delivery. Ownership of the Physical Study Materials will pass to you on the later of receipt of payment by the Company in full of all sums due to the Company in respect of the Physical Study Materials and delivery of the Physical Study Materials to you.

The Company must be notified of any queries, complaints or incomplete or incorrect deliveries within 14 days of you receiving the Physical Study Materials. If you do not notify the Company within this time period, the Company will not be obliged to correct your order and will not be responsible for any loss or damage suffered by you as a result.

Additional Study Materials

Additional Study Materials may be available as an add-on to an Online Course. A charge may be payable for such Additional Study Materials (as set out in the information relating to the Additional Study Materials) and the delivery of such Additional Study Materials to you.

Any payment for Additional Study Materials (if applicable) and any delivery charges payable in relation to the delivery of Additional Study Materials, if applicable, will be accepted in accordance with the terms hereof.

Online Course Content and Access Terms

The description of the Online Course on the Website and/or in any relevant Brochure will set out details of the contents of the available Online Courses. Except as set out in the description of the Online Course on the Website and/or in any relevant Brochure, no additional Course Materials will be provided by the Company.

Upon receipt of an order confirmation email from the Company you will be notified of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed.

The receipt of an Online Course is personal to you and, unless otherwise agreed by the Company pursuant to Additional Course Terms and Conditions, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.

You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.

You acknowledge that the Company operates a zero tolerance policy in relation to inappropriate behavior of students. In particular, abusive or violent behavior directed at the Company’s staff or other students and unfair or dishonest practices will not be tolerated under any circumstances. The Company may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Online Course to any student who engages in inappropriate behavior.

We reserve the right to monitor IP addresses that are used to access the Course Materials and, if a student is found to be in contravention of the access rules set forth herein, we may terminate a student’s access to the Online Course and the Course Material. In such circumstances, no refund will be given.

Modifications to Online Courses or Technology Enhancements

From time to time, the Company may make modifications or enhancements to the Online Courses. You may be granted access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you, provided that purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.

Technical Support and Access

If you are unable to access an Online Course, the Company will use reasonable efforts to provide a solution where the Company has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, the Company may, in its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.

You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further, you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

The Company will use reasonable efforts to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. The Company reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

You also accept and acknowledge that the Company cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following: (i) the operation of the internet and the world wide web, including but not limited to viruses; (ii) any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course; (iii) failures of telecommunications links and equipment; or (iv) updated browser issues.

Warranties

The Company will provide the Course Materials in accordance with the Online Course description, which is set out on the Website and/or in any relevant Brochure. Except as set forth in the foregoing sentence, we make no representation or warranty that the Course Materials or information presented in the Online Course is accurate, complete, reliable, current or error-free. We disclaim all liability for any inaccuracy, error or incompleteness in the Course Materials and information presented in the Online Course. ALL REPRESENTATIONS, WARRANTIES AND/OR TERMS AND/OR COMMITMENTS NOT EXPRESSLY SET OUT IN THE COURSE TERMS, WHETHER IMPLIED BY LAW, CONDUCT, STATUTE OR OTHERWISE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMISSIBLE AT LAW.

Limitation of liability

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE COURSE TERMS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Except as set out in the Course Terms, the Company shall not be responsible for losses that result from its failure to comply with the Course Terms including, but not limited to, losses that fall into the following categories: (i) indirect or consequential losses; (ii) loss of income or revenue; (iii) loss of business; (iv) loss of anticipated savings; or (v) loss or corruption of data.

The Company is not responsible to you for any data that you lose either as a result of accessing the Online Course or the Online Study Materials or during completion of any Online Course via the Website.  It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing the Online Course and the Online Study Materials and all data that you input when completing the Online Course.

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST THE COMPANY FOR DIRECT LOSS IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE COURSE TERMS, THE ONLINE COURSE, YOUR USE OF THE COURSE MATERIALS AND ANY TECHNICAL SUPPORT SHALL BE LIMITED TO THE AMOUNT OF THE COURSE FEE WHICH HAS BEEN PAID, OR IS PAYABLE, BY YOU.

The Company shall not be responsible for any delay or failure to comply with its obligations under the Course Terms if the delay or failure arises from any cause which is beyond the Company’s reasonable control.

Each provision of this Section shall be construed separately as between you and the Company. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

Disclaimer

The information presented through any Online Course or Course Materials is made available solely for general informational or educational purposes, should not be construed as investment advice, is not a substitute for your own business judgement and should not be used as the sole basis for making any business decision.

We do not warrant the accuracy, completeness or usefulness of this information, and all information is provided “AS IS”. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information.

You acknowledge that we have not and do not make any representation or warranty as to the future outcomes that may be possible as a result of the use of the information presented through any Online Course or Course Materials. Testimonials, earnings, or case studies referenced in the information presented on through the any Online Course or Course Materials are only examples of what may be possible. There can be no assurance as to any particular outcome based on your use of the information presented through any Online Course or Course Materials.

Intellectual Property

At all times, the Company and/or its licensors remain the owner(s) of the intellectual property in the Online Courses and the Course Materials. Other than as specified below, no Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of the Company.

In consideration of receipt by the Company of the entire Course Fee (if you have chosen to pay for the Online Course with a one-off lump sum payment) or the first installment of the Course Fee (if you have chosen to pay for the Online Course in installments), the Company grants to you a non-exclusive, non-transferable license to access the Online Course and use the Course Materials content for the sole purpose of studying for the Online Course. For Online Study Materials, the license granted is to use the Online Study Materials by an individual student only.

Save as expressly set out in the Course Terms or as otherwise agreed by the Company pursuant to Additional Course Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Online Course or any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Course Terms is strictly prohibited and will constitute an infringement of either the Company’s copyright or the Company’s other intellectual property rights, and/or the copyright or other intellectual property rights of the Company’s licensors.

Data Protection

The Company will process the information it receives from you or otherwise holds about you in accordance with the Course Terms and the Privacy Policy. You consent to the use by the Company of such information in accordance with the Privacy Policy.

Changes by Us

An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. We will use our reasonable efforts to provide an Online Course as described.

Inconsistency of Terms

If there is any conflict between these Course Terms, any applicable Additional Course Terms and Conditions and the Website Terms of Use, the conflict shall be resolved according to the following order of priority:

• the Additional Course Terms and Conditions;
• the Terms and Conditions for Online Courses; and
• the Website Terms of Use.
  
  

General

The Company may update or amend the Course Terms from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.

You may not assign or sub-contract any of your rights or obligations under the Course Terms to any third party unless agreed to by the Company pursuant to Additional Course Terms and Conditions.

The Company may assign, transfer or sub-contract any of its rights or obligations under the Course Terms to any third party at its discretion.

No failure or delay by the Company in exercising any right or remedy under the Course Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by the Company in writing.

If any of the Course Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Course Terms shall remain in full force and effect.

The Contract between you and the Company is not intended to be for the benefit of any third party, and shall not be exercised by any other person.

Governing Law and Jurisdiction

All matters relating to any Online Course, Courts Materials, these Online Course Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, any Online Course, Courts Materials, or these Online Course Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Winter Park and County of Orange, although we retain the right to bring any suit, action or proceeding against you for breach of these Online Course Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from any Online Course, Courts Materials, or these Online Course Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.