
TERMS AND CONDITIONS FOR FREE WEBSITE OFFER AND TEXT MESSAGE COMMUNICATIONS
Last Updated:
December 10, 2024
These Terms and Conditions (the "Terms") govern the free website offer (the "Offer") provided by Legacy26 Solutions ("Legacy26," "we," "our," or "us"), located at 8297 Champions Gate Blvd, Champions Gate, FL 33896, as well as any text message communications we may send in relation to this Offer. By participating in this Offer and/or agreeing to receive text messages from Legacy26, you (the "Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Description of the Offer
1.1
Free Website Setup:
Under the Offer, Legacy26 will provide you with a single, hosted website at no charge. This website may be hosted using a subdomain on Legacy26’s designated domains (e.g.,
[yourbusinessname].is-local.com
or
[yourbusinessname].getlocalbiz.net
). You also have the option to connect a custom domain at no additional charge, provided you own or have the right to use such domain.
1.2
No Access to Control Center:
This free Offer does not include access to the Legacy26 Control Center Platform ("The Control Center") or any of its sales, marketing, or management features. You will not be granted login credentials, back-end access, administrative rights, or any other form of access to The Control Center’s tools, functionality, or related services.
1.3
Limited Functionality:
The website provided will be a basic site hosted by Legacy26. If a visitor submits a contact form on your website, the lead information will be forwarded to you at the email address you provide. Beyond this, no additional integrations, features, or custom functionalities are included unless otherwise agreed upon in writing.
2. Use of Domains
2.1
Subdomain Usage:
By accepting the Offer, you acknowledge that the website may be hosted under a subdomain of Legacy26’s choosing. Legacy26 reserves the right to change or update the subdomain at any time, with or without notice.
2.2
Custom Domains:
If you choose to connect a custom domain, you represent and warrant that you have all necessary rights and permissions to use that domain. Legacy26 will provide instructions or assistance for connecting your domain at no additional charge. The maintenance, renewal, and management of any custom domain remain your sole responsibility.
2.3
Prohibited Uses:
You agree not to use any Legacy26-provided domain or subdomain for any illegal, harmful, fraudulent, or abusive purposes. Any violation of this provision may result in the immediate suspension or termination of your website without notice and at Legacy26’s sole discretion.
3. Ownership and Responsibility for Content
3.1
Client Content:
You are solely responsible for the accuracy, legality, and appropriateness of all information, images, text, videos, and any other content that appears on the website (collectively, "Client Content"). Legacy26 has no obligation to verify or endorse any Client Content.
3.2
Intellectual Property:
By providing Client Content, you represent and warrant that you hold all necessary rights, licenses, and permissions to use the materials published on your website. You grant Legacy26 a non-exclusive, worldwide, royalty-free license to host, display, and otherwise use your Client Content solely for the purpose of providing the Offer.
3.3
Liability for Content:
Legacy26 will not be held liable for any claims arising from or relating to Client Content. It is your responsibility to ensure that the information on your website complies with all applicable laws, regulations, and industry standards.
4. Text Message Communications
4.1
Consent to Receive Text Messages:
By providing your phone number, you expressly consent to receive marketing, alerts, and notification text messages ("SMS Messages") from Legacy26. Consent is not required as a condition of using the free website Offer.
4.2
Frequency and Charges:
Message frequency may vary. Standard message and data rates may apply. Check your mobile service provider’s plan for details. All charges are billed by and payable to your mobile service provider. Legacy26 does not charge you for receiving or sending SMS Messages.
4.3
Opt-Out and Help:
You can opt out of receiving SMS Messages from us at any time. To stop receiving messages, reply "STOP" to any message you receive. After texting "STOP," you may receive one additional message confirming your opt-out request. If you need assistance, reply "HELP" to any message or contact Legacy26 directly. Legacy26 is not liable for incomplete or undelivered messages.
4.4
Privacy and Data Use:
We respect your privacy. Information we collect in connection with SMS Messages, such as your phone number and message content, is subject to our Privacy Policy and applicable laws. We will not sell your personal information or share it with third parties without your consent, except as required by law or to protect our rights.
4.5
Compliance with Laws:
By agreeing to receive text messages, you represent and warrant that you are the owner or authorized user of the phone number provided and that you will only use the SMS services in compliance with applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA) and CAN-SPAM.
5. Disclaimer of Warranties and Liability
5.1
No Warranty:
The free website, related services, and SMS Messages are provided "as is" and "as available," without any warranties, express or implied. Legacy26 disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, uptime, security, reliability, or accuracy.
5.2
Limitation of Liability:
To the fullest extent permitted by law, Legacy26, its officers, directors, employees, agents, affiliates, and partners shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages arising out of or related to the use of, or inability to use, the free website or SMS Messages, whether based on contract, tort, negligence, strict liability, or otherwise, even if advised of the possibility of such damages.
5.3
Indemnification:
You agree to defend, indemnify, and hold harmless Legacy26 and its affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from your use of the website, your receipt or use of SMS Messages, your breach of these Terms, or any content posted or transmitted through your website or communications.
6. Termination and Discontinuation
6.1
Right to Discontinue:
Legacy26 reserves the right to discontinue or modify this Offer or the SMS Messaging program at any time, with or without notice and for any reason, including but not limited to a change in business strategy, violation of these Terms, or any activity that Legacy26 deems harmful to its interests.
6.2
Effects of Termination:
Upon termination or discontinuation of the Offer, Legacy26 may remove your website and any associated subdomain or domain connections without liability to you. It is your responsibility to maintain backups or copies of your Client Content, as Legacy26 does not guarantee data recovery following termination.
7. Compliance with Laws and Regulations
7.1
Applicable Laws:
You agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances related to your use of the website and SMS Messages.
7.2
Prohibited Activities:
You shall not engage in any activity that may harm Legacy26’s reputation or its infrastructure, including attempting to access unauthorized areas of Legacy26’s systems, introducing malicious code, or engaging in fraudulent or deceptive activities.
8. Modifications to Terms
Legacy26 reserves the right to modify or update these Terms at any time. Your continued use of the website or receipt of SMS Messages after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review the Terms regularly.
9. Governing Law and Jurisdiction
These Terms and any dispute arising out of or related to these Terms, the Offer, or SMS Messages shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising from or related to these Terms shall be brought exclusively in the federal or state courts located in or serving Champions Gate, Florida, and you consent to the personal jurisdiction and venue of these courts.
10. Entire Agreement and Severability
These Terms constitute the entire agreement between you and Legacy26 with respect to the Offer, the provided website, and SMS Messages, and supersede all prior or contemporaneous communications and proposals, whether oral or written. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
By accepting the Offer, using the free website, or agreeing to receive SMS Messages from Legacy26, you acknowledge that you have read, understood, and agree to all of the above Terms and Conditions.
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