This Agreement is made by and between Legacies & Lifelines, LLC, a Florida limited liability company doing business as Lifelines Academy, headquartered at 711 S. Howard Ave, Suite 200, Tampa, Florida, and you, a user of www.lifelinesacademy.com. This Agreement sets forth the terms and conditions that apply to your access and use of the www.lifesacademy.com website.
General Disclaimers related to Use of and Reliance Upon this Website’s Content; Third Party Providers; Advertisers; Sponsors; and Links to Other Websites
Lifelines Academy is an informational website of a general nature. Our website does not provide legal, financial or medical advice and is not a substitute for consultations with and services provided by professionals who examine the facts specific to your circumstances or the circumstances of your client(s). You should not rely on our website content, including blog postings, courses and other content provided by third parties, when making legal, financial, medical, or other important decisions. Further, your use of our website, including our online courses, does not create an attorney/client, physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties owed by Lifelines Academy or its Lifelines Network members, Guest Faculty, partners, and/or affiliates. Your reliance on our website content shall be done at your own risk.
Lifelines Academy has a network of providers of goods and services for seniors and their family caregivers identified as “Lifelines Network” members, and include our Guest Faculty. These providers, and the goods and services they provide, are not employees or contractors of Lifelines Academy and Lifelines Academy has no control over the deliverance of their services, quality of the products or services, or the information they provide. Lifelines Network members and the products which appear on www.LifelinesAcademy.com are compiled to be useful and convenient for our visitors; the inclusion of these providers and products on www.LifelinesAcademy.com with links to their websites does not imply that Lifelines Academy endorses these providers, guarantees any aspect of their services or products, or accepts any responsibility for their products, services or the content or products on the providers’ websites.
Lifelines Academy includes three educational series that qualify students to become certified as: Certified LifeDocuments™ Organizers; Certified Health Information Organizers; and Certified Living by Design™ Specialists. These certifications attest only to the fact that the certified provider has taken the series of online courses, has passed the tests, and has been cleared in a criminal background check. The certifications are not, however, an indication that Lifelines Academy has any control over the delivery of the services by the certified provider. Thus, Lifelines Academy does not guarantee any aspect of the services or products provided by these certified providers and does not accept any responsibility for their products, services or the content or products on these providers’ websites.
Our website provides links to third-party websites. These websites are not under our control and we are not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to these websites.
Lifelines Academy has sponsors and advertisers on our Website but has no control over these providers of goods and services. Thus, we do not guarantee any aspect of the services or products provided by these sponsors or advertisers and do not accept any responsibility for their products, services or the content or products on these providers’ websites.
Any dealings you may have with any of the above referenced third party providers of goods and services that you may discover on our website are strictly between you and the third party in question; accordingly, by using this website you are agreeing that we are not liable for any loss or claim you may have against these third parties. Visitors and users of this website are advised to conduct their own due diligence on all providers and products before hiring or purchasing from them.
Applicability of this Agreement
This Agreement is intended to apply to you, Lifelines Academy, its affiliates and all Internet websites owned and operated by Legacies & Lifelines, LLC and its affiliates, including, but not limited to, www.lifelinesacademy.com.
Your Right to Access and Use www.lifelinesacademy.com
Your right to access and use www.lifelinesacademy.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.lifelinesacademy.com for lawful purposes and pursuant to the terms and conditions of this Agreement. Your access and use of www.lifelinesacademy.com may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of Lifelines Academy’s equipment, periodic updating, maintenance or repair activities that Lifelines Academy may undertake from time to time, or other actions that Lifelines Academy, in its sole discretion, may elect to take. Lifelines Academy reserves the right to suspend or discontinue the availability of www.lifelinesacademy.com for access and use at any time in its sole discretion and without prior notice to you.
Your Registration with www.lifelinesacademy.com
Certain services and features of www.lifelinesacademy.com are accessible only to registered users. The rights to register with www.lifelinesacademy.com and to be issued a username or password by Lifelines Academy are available only to those individuals who provide to Lifelines Academy the requested accurate, complete and current personally identifiable information. You must inform Lifelines Academy, in writing, of any changes to or updates of any personally identifiable information that you provide to Lifelines Academy. Lifelines Academy reserves the right to deny or revoke issuance of any username or password Lifelines Academy issues, at any time and without prior notice.
Your Compliance with this Agreement
Your Transmissions, Submissions and Postings to www.lifelinesacademy.com
If you transmit, submit or post information to www.lifelinesacademy.com that is not personally identifiable information, you automatically grant Lifelines Academy the royalty-free, non-exclusive right and license to use, copy, format, adapt and publicly display such information (in whole or in part) worldwide, and/or to incorporate the same in other Content (defined below) and/or works in any form, media or technology now known or developed in the future. Lifelines Academy may, in its sole discretion, edit, refuse to post or remove any information you transmit, submit or post to www.lifelinesacademy.com. You shall not transmit, submit or post information to www.lifelinesacademy.com that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Lifelines Academy’s Intellectual Property Rights
The names “Lifelines Academy”, “Lifelines Academy.com”, Lifelines Network and the other trademarks, logos and graphics that appear on the Lifelines Academy website as trademarks of Lifelines Academy are trademarks of Lifelines Academy, and may not be used by you without the prior express written permission of Lifelines Academy, which permission may be withheld in Lifelines Academy’s sole discretion. The data and content viewable on, contained in, or downloadable from, www.lifelinesacademy.com, including, without limitation, the coursework available on www.lifelinesacademy.com (collectively, the “Content”), is copyrighted by Lifelines Academy and/or other third parties. Lifelines Academy also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content. You shall be solely responsible for any damage resulting from your infringement of Lifelines Academy’s and other third parties’ intellectual property rights regarding the “Lifelines Academy”, “Lifelines Academy.com” and “Lifelines Network” names, the Lifelines Academy and Lifelines Academy.com trademarks, logos and graphics, and/or the Content, and/or any other harm incurred by Lifelines Academy or third parties as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using any of the same for purposes that are contrary to the terms and conditions of this Agreement.
Framing, Linking and Metatagging www.lifelinesacademy.com
You may not frame or utilize any framing techniques regarding www.lifelinesacademy.com and/or the Content. You may not link to www.lifelinesacademy.com without the express written permission of Lifelines Academy. You may not use any metatags or any other hidden text utilizing Lifelines Academy, www.lifelinesacademy.com or any of
Lifelines Academy’s trademarks.
Your Use of the Content
Without the prior written consent of Lifelines Academy, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your noncommercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content. Except as otherwise permitted under the copyright laws of the United States, no other copying, compilation, distribution, redistribution, transmission, publication or use of the Content, other than the non-commercial use of the Content as permitted by this Agreement, is permitted by you without the express prior written permission of Lifelines Academy, which permission may be withheld in Lifelines Academy’s sole discretion.
Lifelines Academy Makes No Representations or Warranties Regarding the Content or the Merchandise (Products) that appear on our website. The Content is being provided to you on an “as-is” basis, and the merchandise sold on www.lifelinesacademy.com (the “Merchandise”) is being sold on an “as-is” basis. Lifelines Academy does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content and/or the Merchandise, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the Content and/or the Merchandise. It is your sole responsibility to independently evaluate the accuracy, correctness, completeness, safety and reliability of the Content and the Merchandise.
Lifelines Academy makes no representation, warranty or guarantee that www.lifelinesacademy.com or the Content is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Other Features and Services Available Via www.lifelinesacademy.com
Other features and services available via www.lifelinesacademy.com, including, without limitation, management of professional licensing requirements and reporting of professional licensing requirements to state licensing agencies, are provided for your convenience only. You are ultimately responsible to ensure that any service or other convenience provided by such features and services are ultimately performed, and performed in compliance with all laws, rules and regulations, including, without limitation, timeliness of submission or reporting. Lifelines Academy shall in no event be liable for any penalties or damages that may occur as a result
your access or use of, or reliance upon, any convenience features or services available via www.lifelinesacademy.com.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.lifelinesacademy.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of www.lifelinesacademy.com.
Limitations on Lifelines Academy’s Liability
Lifelines Academy shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of www.lifelinesacademy.com and the access and use of www.lifelinesacademy.com under any username or password issued to you by Lifelines Academy; (iii) your inability to access or use www.lifelinesacademy.com or any username or password issued to you by Lifelines Academy; (iv) your downloading of any of the Content for your use; or (v) your reliance upon or use of the Content and/or the Merchandise. Use of the Content and/or the Merchandise is at your sole risk. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above limitations on Lifelines Academy’s liability may not apply to you, and you may have additional rights. The Merchandise purchased via www.lifelinesacademy.com is subject to a shipment contract. Risk of loss and title to the Merchandise passes to you pursuant to the carrier’s shipment contract.
Your Indemnification of Lifelines Academy
You shall defend, indemnify and hold harmless Lifelines Academy and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested pursuant to registration; (iii) your access or use of www.lifelinesacademy.com; (iv) your access or use of www.lifelinesacademy.com under any username or password that may be issued to you by Lifelines Academy; and/or (v) your use of the Content and/or the Merchandise.
Limitations on Liability for the conduct of Third Parties, including Lifelines Network Members, Guest Faculty, Sponsors, Advertisers, Blog entry Authors and for the performance of Products posted on www.lifelinesacademy.com
Lifelines Academy is a training, educational and resource organization specializing in services and goods for the senior market. Lifelines Academy is not affiliated or sanctioned by any governmental body. Lifelines Academy is not a policing organization and therefore all persons who take our courses, teach our courses, offer services or products featured on our website, sponsor our courses, advertise on our website or who submit articles or blog entries for our website, are solely responsible for their own conduct and actions and for the performance of their products. Further, Lifelines Academy does not guarantee the success of any business launched or service offered as a result of the teachings or training offered by Lifelines Academy or its affiliates. Lifelines Academy is not responsible for the conduct of any person educated by Lifelines Academy or listed in the Lifelines Network. The actions of a person or entity providing goods or services and appearing on www.lifelinesacademy.com rest solely with that person or entity and under no circumstances may Lifelines Academy be held liable for the actions of such third parties.
Your Limited Rights to appear on the Lifelines Academy website
Being listed on or appearing in any way on the Lifelines Academy website, including being listed in the Lifelines Network, is a privilege, not a right, and may be revoked at anytime, for any reason, at the sole discretion of Lifelines Academy and without notice.
Lifelines Academy’s Right to Modify Online Courses
Lifelines Academy has the right, at anytime and for any reason, to modify, cancel, or change the date of, any online course, including but not limited to substitutions of guest faculty. Refunds for purchased courses will be offered only if (1) a course is cancelled entirely; or (2) the date of the course is changed and not made available again within 60 days of the original date the course was advertised as being available.
Amendments of this Agreement
Lifelines Academy’s Remedies
You acknowledge that Lifelines Academy may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Lifelines Academy shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record in Hillsborough County, Florida. You consent to the jurisdiction of such courts and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Termination of this Agreement
You may terminate or opt out of this Agreement at any time by contacting Lifelines Academy via our contact form. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use www.lifelinesacademy.com. Following your termination or opting out of this Agreement, the provisions of this Agreement regarding “Limitations of Lifelines Academy’s Liability,” “Limitations of Liability for the Conduct of Third Parties”, “Your Indemnification of Lifelines Academy,” “Governing Law and Arbitration” and “Miscellaneous” shall survive. Lifelines Academy may terminate this Agreement or any usernames or passwords that may be issued to you, at any time, without prior notice, for any reason, or for no reason.
Governing Law and Arbitration
This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Hillsborough County, Florida. The arbitrator shall be selected by you and Lifelines Academy, and if you and Lifelines Academy are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Lifelines Academy and your and Lifelines Academy’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Lifelines Academy be entitled to punitive, special, indirect or consequential damages and both you and Lifelines Academy hereby waive your and Lifelines Academy’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Lifelines Academy from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and Lifelines Academy regarding the subject matter of this Agreement, and supersedes all other previous agreements, understandings and/or representations regarding the same.