Welcome to The Priceless Legacy Company website ("pricelesslegacy.com") your online source for LifeStory preservation and heritage related products and services. Any person who wants to access pricelesslegacy.com and use the services provided on the website must accept the terms and conditions of this Terms of Service Agreement ("Agreement") without change. By using the services of pricelesslegacy.com, you ("User") agree to be bound by all terms and conditions of this Agreement and all policies and guidelines incorporated by reference.

The Priceless Legacy Company, LLC (herein "Priceless Legacy or PLC"), the owner of pricelesslegacy.com and other related sites, reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing pricelesslegacy.com or its services, at any time and at its sole discretion. Any changes may be made without notice and will be effective upon posting of the revisions on pricelesslegacy.com. Users are encouraged to review the Agreement from time to time for any possible changes. Continued use of pricelesslegacy.com will constitute acceptance of such changes or modifications. Users should discontinue use of pricelesslegacy.com if they do not agree to any changes to this Agreement.

In addition to a marketplace, pricelesslegacy.com allows Legacy Consultants (Members) to create personal pages online in order to market their PLC business on-line. The Services offered by PLC ("PLC " or "we") include the PLC Website (the "Website") and any other features, content, or applications offered from time to time by PLC in connection with the Website (collectively, the "Services").

• Eligibility. Use of and Membership in the Services is void where prohibited. By using the Services, Member represents and warrants that (a) all registration information submitted is truthful and accurate; (b) they will maintain the accuracy of such information; (c) Member is 18 years of age or older; and (d) use of the Services does not violate any applicable law or regulation.
  
• Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. Members may terminate membership at any time, for any reason, by contacting us at webmaster@pricelesslegacy.com. PLC reserves the right, in its sole discretion, to restrict, suspend, or terminate access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
  
• Fees: Please review the Priceless Legacy Policies and Procedures document for information about any applicable Member fees. Any fees for products available online will be subject to a fee. All fees are in U.S. dollars unless otherwise stated. Fees are subject to change so please check the pricelesslegacy.com Help Section often for any updated information. All fees are payable upon demand on a Visa, MasterCard, American Express, or Discover credit or debit card. By utilizing services on pricelesslegacy.com in which a fee may be charged, Member authorizes PLC to charge the credit or debit card on file for any fees due.
  
• Reservation of rights: No reservation of rights hereunder by PLC shall imply an obligation on the part of PLC to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of PLC's right to exercise same at a later date.
  
• Password. When Members register on pricelesslegacy.com, they may be asked to choose a password. The Member is entirely responsible for maintaining the confidentiality of the password. Member agrees not to use the account, username, or password of another Member at any time or to disclose their password to any third party. Member agrees to notify PLC immediately if they suspect any unauthorized account use or access to the password. The Member is solely responsible for any and all use of the registered account.
  
• Discussions: The discussion activities on pricelesslegacy.com are subject to review by PLC. Members may be removed without prior notice for reasons including, but not limited to, vulgar posting, harassing other members and non-constructive criticism.
  
• Discussion Posting Rules: Considering the real-time nature of this discussion tool, it is impossible for PLC to review EVERY message or confirm the validity of information posted. Please remember that PLC does not actively monitor the contents of posted messages and is not responsible for any messages posted. PLC does not vouch for or warrant the accuracy, completeness or usefulness of any message, and is not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of PLC or any entity associated with PLC. Any Member who feels that a posted message is objectionable is encouraged to contact PLC by email at webmaster@pricelesslegacy.com. PLC has the ability to remove objectionable messages and will make every effort to do so, within a reasonable time frame, if it is determined that removal is necessary. This is a manual process, however, so please realize that PLC may not be able to remove or edit particular messages immediately.
  
  Members agree, through the use of this service, that they will not use this discussion tool to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any law. Members agree not to post any copyrighted material unless the copyright is owned by the Member.
  
  Members remain solely responsible for the content of their messages, and agree to indemnify and hold harmless, PLC and their agents with respect to any claim based upon transmission of message(s).
  
  PLC also reserves the right to reveal the Member's identity (or whatever information PLC has obtained) in the event of a complaint or legal action arising from any message posted by the Member. If the Member violates the rules of this message board the account may be suspended for a period of time deemed appropriate by PLC. If subsequent accounts are created in order to bypass a prior account suspension, all accounts may be permanently banned. This attempt to bypass security measures and gain access to the PLC website may also be considered "hacking" and, as such, be covered by applicable federal, state or local law.
  
  Advertisements, chain letters, pyramid schemes, and solicitations are inappropriate and thereby forbidden discussions.
  
• Proprietary Rights in Content on PLC. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, Member hereby grants to PLC, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time such Content is removed from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by Member may remain on the PLC servers after Member has removed the Content from the Services, and PLC retains the rights to those copies. Member represents and warrants that: (i) the Member owns the Content posted by the Member on or through the Services or otherwise has the right to grant the license set forth in this section, and (ii) the posting of Member's Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Member agrees to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by the Member to or through the Services.
  
  The Services contain Content of PLC ("PLC Content"). PLC Content is protected by copyright, trademark, patent, trade secret and other laws, and PLC owns and retains all rights in the PLC Content and the Services. PLC hereby grants the Member a limited, revocable, non-sub-licensable license to reproduce and display the PLC Content (excluding any software code) solely for Member's personal use in connection with viewing the Website and using the Services.
  
  The Services contain Content of Members and other PLC licensors. Except for Content posted by the Member, the Member may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
  
• Content Posted. Please choose carefully the information posted on PLC and made available to other Members or Users. The Member whose account from which content is posted is solely responsible for that Content through any of the Services, and any material or information that maybe transmitted to other Users. Specific guidelines are available in Attachment A: Multimedia Upload Guidelines.
  
  PLC does not endorse and has no control over the Content. Content is not necessarily reviewed by PLC prior to posting and does not necessarily reflect the opinions or policies of PLC. PLC makes no warranties, express or implied, as to the Content or as to the accuracy and reliability of the Content or any material or information that a Member transmits to other Members. If at any time PLC chooses, in its sole discretion, to monitor the Services, PLC assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member submitting any such Content. Please note that information provided by other PLC Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. Members who become aware of misuse of the Services by anyone may contact webmaster@pricelesslegacy.com with specific information about the Content.
  
• Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. PLC reserves the right to investigate and take appropriate action against anyone who, in PLC's sole discretion, violates this provision. Prohibited Content includes, but is not limited to Content that, in the sole discretion of PLC:
  • telephone numbers or street addresses
  • patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • lewd, obscene, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter
  • photographs that contain nudity
  • material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • promotes information that Member knows is false or misleading or promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal or illegal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • attempts to impersonate PLC staff, PLC representatives, other PLC Members or other industry personnel.
  • includes listing of e-mail or other electronic communications from private parties. This includes private message conversations, instant messages, text messages, e-mail, etc.
  • includes the use of false registration information or the creation of multiple accounts for use on pricelesslegacy.com. Only one account is allowed per Member. All other accounts will be permanently suspended.
  • photograph of another person that Member has posted without that person's consent.
    
• Copyright Policy. Members may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of PLC to terminate Membership privileges of any Member who infringes on the copyright rights of others upon receipt of prompt notification to PLC by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if a Member believes that work has been copied and posted on the Services in a way that constitutes copyright infringement, they may provide the following information to our Copyright Agent:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

PLC Copyright Agent for notice of claims of copyright infringement can be reached as follows: The Priceless Legacy Company, 15305 Dallas Parkway, Suite 1000, Dallas, Texas 75001.

• Privacy. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  
• Disclaimers. PLC is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Members of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on PLC may contain links to other websites. PLC is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by PLC. Inclusion of any linked website on PLC does not imply approval or endorsement of the linked website by PLC. When Members access these third party sites, they do so at their own risk. PLC takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. PLC is not responsible for the conduct, whether online or offline, of any User of the Services. PLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member communication. PLC 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall PLC be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a PLC event, from any Content posted on or through the Services, or from the conduct of any Members of the Services, whether online or offline. The Services are provided "AS-IS" and as available and PLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PLC cannot guarantee and does not promise any specific results from use of the Services.
  
• No Warranties: pricelesslegacy.com and all services available therein are provided on an "as is, where is" basis. PLC makes no representations or warranties express, implied or otherwise, including but not limited to:
  • Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
  • pricelesslegacy.com or the services will meet Members or users requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
  • The information, content, materials, or products included on the site will be as represented by sellers, available for sale, lawful to sell, or that sellers or buyers will perform as promised;
  • Any implied warranty arising from course of dealing or usage of Trade; and
  • Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of PLC
  • To the full extent permissible under applicable law, PLC disclaims any and all such warranties.
    
• Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will PLC be liable to Member or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if PLC has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PLC's liability to Member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by Member to PLC for the Service during the term of membership.
  
• General Release: Unless otherwise specified, PLC only facilitates transactions between sellers and buyers of goods posted for sale on pricelesslegacy.com. All sale transactions are strictly between the buyer, seller, or other participant. In the event a dispute arises between one or more Members, each releases and agrees to indemnify and hold PLC (and its agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute.
• Indemnity/Limitation of Liability:
  • Indemnity and Defense. You will defend, indemnify and hold harmless PLC and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through pricelesslegacy.com, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
  • Limitation of Liability. In no event shall PLC be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages arising out of or in connection with this Terms of Service Agreement, even if PLC has been advised of the possibility of same.
    
• Applicable Law: pricelesslegacy.com and the services are arranged, sponsored, or managed by PLC in the State of Texas, USA. The laws of the State of Texas govern this Terms of Service Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Member agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas and hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
  
• Termination: PLC, in its sole discretion, may terminate this Terms of Service Agreement, access to pricelesslegacy.com or its services, or any current sales or orders immediately without notice for any reason.
  
• General Provisions:
  • Entire Agreement. This Terms of Service Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy and Statement, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
  • No Agency; Third-Party Beneficiary. PLC is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Terms of Service Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Service Agreement. This Terms of Service Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of PLC, you, and relying buyers or sellers.
  • Severability. If any provision of this Terms of Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
  • No Waiver. We will not be considered to have waived any of our rights or remedies described in this Terms of Service Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. PLC's failure to enforce the strict performance of any provision of this Terms of Service Agreement will not constitute a waiver of PLC's right to subsequently enforce such provision or any other provisions of this Terms of Service Agreement.

Please contact us at: webmaster@pricelesslegacy.com with any questions regarding this Agreement.
Attachment A

MULTIMEDIA UPLOAD GUIDELINES
for submitting images, graphics, discussions,
articles and other multimedia content.

• Only registered Members in good standing may submit articles, images, photos, reviews, videos, or any other content to pricelesslegacy.com.
  
• The Priceless Legacy Company, LLC ("PLC"), reserves the right to use any submissions, posts, communications or interactions, whether in the form of articles, comments, emails, images, photos, or other material, without limitation and without further compensation, acknowledgement or payment to the submitter or poster. By submitting or posting any content, Member grants PLC continuous and non-exclusive permission to use, edit, modify, or copy the content submitted.
  
  If a registered Member submits unsolicited suggestions or ideas, it is with the knowledge that no compensation will be provided to them, in any manner, and that they waive any claims if the unsolicited suggestion or idea, or anything similar to the suggestion or idea, is used by pricelesslegacy.com.
  
• Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. PLC reserves the right to investigate and take appropriate action against anyone who, in PLC's sole discretion, violates this provision. Prohibited Content includes, but is not limited to Content that, in the sole discretion of PLC:
  • telephone numbers or street addresses
  • patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • lewd, obscene, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter
  • photographs that contain nudity
  • material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • promotes information that Member knows is false or misleading or promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal or illegal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • attempts to impersonate PLC staff, PLC representatives, other PLC Members or other industry personnel.
  • includes listing of e-mail or other electronic communications from private parties. This includes private message conversations, instant messages, text messages, e-mail, etc.
  • includes the use of false registration information or the creation of multiple accounts for use on pricelesslegacy.com. Only one account is allowed per Member. All other accounts will be permanently suspended.
  • photograph of another person that Member has posted without that person's consent.

PLC reserves the right to remove any content it deems inappropriate, whether or not it is referenced on the preceding list.

• Reporters, researchers, and third party representatives need permission prior to posting or emailing Members in their official capacity.
  

PLC reserves the right to report any activity or submissions that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect PLC's systems and Members, or to ensure the integrity and operation of PLC's business and systems, PLC may access and disclose any information it considers necessary or appropriate, including, without limitation, Member contact details, IP addressing and traffic information, usage history and posted content, and Member agrees to such access and disclosure by PLC. Any personal information a Member chooses to disclose to another Member is at their sole risk.