Last Updated: March 19, 2017
These Terms of Service (“Terms of Service”) govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by My Lasting Legacy, LLC (“OneDay,” “we,” or “us”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms of Service, which establish a contractual relationship between you and OneDay. If you do not agree to these Terms of Service, you may not access or use the Services. OneDay may amend these Terms of Service from time to time. Amendments will be effective upon OneDay’s posting of such updated Terms of Service at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Service, as amended.
The Services constitute a technology platform that enables users of the OneDay website (http://www.oneday.com) and the OneDay sites (collectively, the “Sites”) and the OneDay mobile application (the “Application”) to, among other things, upload, download, view, and/or modify electronic content. Unless otherwise agreed by OneDay in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
Subject to your compliance with these Terms of Service, OneDay grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Application on your personal mobile device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by OneDay and OneDay’s licensors.
Although OneDay strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services is subject to frequent change. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete.
In order to use some aspects of the Services, you must register for and maintain an active user account (“Account”). Account registration requires you to submit to OneDay certain personal information, such as your name, address, mobile phone number, and other information. If you choose to set up your Account to electronically pay for certain fee-based Services, you will also be required to provide a valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You grant OneDay the right to provide any information you submit to us to third parties for purposes of facilitating the completion of any transactions initiated by you or on your behalf.
There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into OneDay’s security systems or OneDay’s contractors’ security systems, or by intercepting transmissions of personal information over the Internet. OneDay is not responsible for any data obtained by third parties in an unauthorized manner.
As part of your Account, you may participate in certain message boards, blogs, chatrooms, instant messaging, and other public forums. Your participation is voluntary; however, by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential. You further agree that OneDay and its licensees may use the posted content in any manner deemed necessary or appropriate. OneDay reserves the right to edit or abridge content for any reason and to edit, refuse to post, or remove any content submitted by you or others. OneDay cannot and does not guarantee that it will post everything submitted or that posted content will not be offensive, defamatory, or objectionable. Although OneDay reserves the right to remove without notice any posting for any reason, OneDay has no obligation to delete content that you personally may find objectionable or offensive. OneDay does not control in real time the information posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in these Terms of Service, OneDay does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness of any content posted on any OneDay public forum.
By creating an Account, you agree that the Services may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from OneDay at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Application and any updates thereto. OneDay does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The security of your mobile device and electronic content stored on your mobile device is your responsibility. In order to prevent unauthorized access, all mobile devices must be password protected and must automatically lock when idle for an extended period of time. After multiple failed login attempts, a mobile device may be locked out of the Services and you must contact OneDay to regain access.
You will not, and will not allow or authorize others to, use the Services, Application, or the Sites to take any actions that:
In addition, you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of OneDay or its licensors or suppliers’ content, software or infrastructure, or (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of OneDay or its licensors or suppliers’ content, software, or infrastructure.
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Unless otherwise indicated, OneDay or its licensors hold the copyright to all materials on the Sites or available through the Application, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and designs (the “Materials”). Additionally, OneDay owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Sites, unless otherwise noted. Without the explicit consent of OneDay, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of materials contained on the Sites may violate copyright, trademark, and other laws. OneDay retains all rights not expressly granted, and nothing in these Terms of Service constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of OneDay or any third party.
While accessing or using the Sites, you may be provided access to private webpages (each a “Customer Home Page”) that have been custom branded for our customers (each a “Customer”). You may post messages, text, photos, testimonials, or other content on the Site via the public forums or on a Customer Home Page. Any content submitted via the public forums (“Public Content”) will be treated as non-confidential and non-proprietary. Any content submitted to a Customer Home Page (“Customer Content”) will be subject to the restrictions, if any, set by the Customer that controls that Customer Home Page. You authorize such Customer and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent that you own or have the right to use and permit use of such content in the manner stated above. By way of example and not limitation, if you post a video or photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the video or photograph to use their image, and you need to be the owner or licensee of the copyright in the video or photograph. You agree not to post any videos, photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize OneDay (with respect to Public Content) and Customer (with respect to Customer Content) and their respective affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice, and likenesses throughout the world, and any such permission cannot be revoked for any reason.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ONEDAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ONEDAY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
ONEDAY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF ONEDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONEDAY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR OR OUR SERVICE PROVIDERS’ SERVERS; (4) ANY INFRINGEMENT OF ANY COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT ON THE SITES; OR (5) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ONEDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONEDAY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ONEDAY’S REASONABLE CONTROL. IN NO EVENT SHALL ONEDAY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
You agree to indemnify and hold OneDay and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms of Service; (iii) your violation of the rights of any third party; (iv) OneDay’s use in accordance with these Terms of Service of the information and content provided by you; or (v) any copyright, trademark or other intellectual property right or right of publicity or privacy of any third party that relates to any information, image, voice, name or content provided by you.
These Terms of Service shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms of Service, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Services at any time, with or without notice to you. Upon termination of these Terms of Service, your right to use the Services shall immediately cease. You agree that OneDay may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.
OneDay does not knowingly solicit data from children or knowingly market to children. OneDay is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998, OneDay does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that OneDay receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, OneDay will delete that information from the Sites as quickly as is reasonably practical.
These Terms of Service and the rights and obligations of the parties under these Terms of Service will be governed by, and construed and interpreted in accordance with, the laws of the State of Texas, excluding its rules of conflicts of law. Any and all obligations under these Terms of Service are due in Dallas County, Texas and the parties hereby irrevocably consent to the jurisdiction of the courts in Dallas, Texas with respect to all disputes arising out of these Terms of Service or in any way related to the Services.
OneDay may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to OneDay, with such notice deemed given when received by OneDay, at any time as follows:
By email: firstname.lastname@example.org
By mail: My Lasting Legacy, LLC
Attention: Privacy Officer
1101 Raintree Cir., Suite 180
Allen, TX 75013
The content of the Sites may include pictures, information, testimonials, letters, marks, slogans, and other content uploaded or provided by third parties or otherwise received from third parties. OneDay does not permit the use of content on the Sites that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates those rights if properly notified of such violation in accordance with the procedure set forth in these Terms of Service. If you believe that any of the content on the Sites infringes on your rights, please provide OneDay’s Privacy Officer (whose contact information is provided in the Notice section above) with the following information:
You may not assign these Terms of Service without OneDay’s prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and OneDay as a result of this agreement or use of the Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. OneDay’s failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by OneDay in writing.