TERMS OF USE
EFFECTIVE DATE: 04/01/2021
Welcome to Legerdemainia. Please read these Terms of Use (the “Agreement” or “Terms”) carefully, as they contain the legal terms and conditions that govern your use and access of the website, Legerdemainia.com (the “Site”). This Agreement governs your use of the Site and constitutes a legally-binding agreement between each user (“you” or “your”) and Legerdemainia LLC (“we,” “us,” “our,” or the “Company”); collectively with “you” or “your,” (the “Party” or “Parties”). By simply accessing or using the Site, including just browsing our Site, you are agreeing to our Terms, so please read carefully! If you do not agree to these Terms or any other policies, including our Privacy Policy, do not access or use the Site. If you have any questions about this Agreement please contact us at info@Legerdemainia.com.
PLEASE NOTE THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS.
Using Legerdemainia.com
Acceptance
By using (or even just browsing) our Site, downloading our App, or uploading data or information to Legerdemainia (“Content”), you’re agreeing to the Terms and our associated Privacy Policy. If you don’t agree with the Terms, please refrain from using the Site.
Eligibility
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Site. If you are under 18 years old and would like to use the Site, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity. If you as an adult, allow an individual under the age of 17 to use the site you must agree to our Privacy Policy regarding the Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505 (COPPA), 16 CFR Part 312.
By using the Site, you represent and warrant that you meet all eligibility requirements outlined in these Terms. We reserve the right to refuse to let certain people access or use Legerdemainia and the right to change our Terms. You can only use the Site to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.
Your Account with Legerdemainia
Creating an Account
By creating an account, you’re agreeing to provide accurate and complete information about yourself.
Passwords
You’re responsible for safeguarding the password that you use to access Legerdemainia.
Third Party Services and Content
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Product or Service.
Your Use of Legerdemainia
Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Site to view and/or purchase items from our store.
The above license is conditional upon your strict compliance with these Terms at any and all times during your use of the Site.
Legal Notices
You agree not to alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on the Site.
Trademark
The name “Legerdemainia” and other trademarks, service marks, phrases, logos and designs that we use in connection with the Site are protected and you are not permitted to use them without our permission or unless otherwise indicated.
Termination
We may terminate or suspend your account and your access to the Site at any time, for any reason, without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use the Site. Legerdemainia may refuse to allow anyone to use the Site, at any time, for any reason.
If we terminate your account, you must immediately stop using the Site and you agree not to attempt to regain access to our Site without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
If you terminate your account, or if we terminate your account, you may lose any information associated with your account.
Limitations of Liability
You release us from all liability related to your use of the Site or products offered on the Site, including any liability resulting from any content posted on your Legerdemainia account, or any Providers you interact with. We make no representations concerning any content contained in or accessed through our Site and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Legerdemainia.com by our users or Providers.
Warranties
YOU UNDERSTAND AND AGREE THAT USING THE SITE IS AT YOUR SOLE RISK AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO LEGERDEMAINIA, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIALS PUBLISHED ON THE SITE, INCLUDING ANY INFORMATION OR MATERIALS RELATED TO PROVIDERS OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT DEFECTS WITH THE SITE WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY THIRD-PARTY PRODUCTS ON THE SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT SHALL THE WE BE LIABLE FOR ANY ACT, ERROR, OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY ACT, ERROR, OR OMISSION WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH YOUR USE OF ANY PRODUCT MADE AVAILABLE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER IN CONNECTION WITH THE SITE. WE ARE NOT AN AGENT OF ANY THIRD PARTY.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH A PROVIDER, YOU AGREE TO RELEASE LEGERDEMAINIA FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY.
WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY THIRD PARTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF LEGERDEMAINIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
OUR LIABILITY TO YOU IS LIMITED TO $100 OR THE AMOUNTS, IF ANY, PAID BY YOU TO US UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
Indemnification and Release
You understand and agree that Legerdemainia may offer child-related information that is designed for informational, educational, and entertainment purposes only. The use of any of the information or products provided by Legerdemainia is solely at your own risk.
To the fullest extent permitted by law, you agree to release, defend, indemnify, and hold harmless Legerdemainia from any and all responsibility, claims, actions, suits, procedures, expenses, damages, obligations, losses, costs, debts, and liabilities arising out of or in any way related to: (i) your use of the Site; (ii) you or your child’s use of any product made available through Legerdemainia or the Site, including bodily injury, physical harm, illness, death or property damage; (ii) your violation of any terms of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; or (iv) your violation of any law, rule or regulation, or the rights of any third party.
Choice of Law and Forum
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of Massachusetts, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
Arbitration and Waiver of Class Action
Agreement to Arbitrate
You agree to arbitrate any dispute with us arising from this Agreement or your use of Legerdemainia products or the Site on an individual basis in an arbitration. That means you cannot sue us in court or have a trial by jury. Any disputes will be resolved individually in a private proceeding.
Format for Arbitration
The Parties agree that: (i) any arbitration will occur in Massachusetts; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association for arbitration of Consumer-Related Disputes, in the English language, and with limited discovery.
At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than the class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal.
Legal Expenses
THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT.
Waiver of Class Action
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, THE PARTIES WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
Forum
If for any reason a claim proceeds in court rather than in arbitration, the parties agree that the claim will be brought exclusively in a federal court located in Massachusetts. The parties expressly consent to the exclusive jurisdiction of Massachusetts, and waive any and all objections to venue or jurisdiction. However, either Party may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.
Notices
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing the Site in an unauthorized manner. You acknowledge that under this Agreement by using Site you are deemed to have received any and all notices that would have been delivered had you accessed the Site in an authorized manner.
Changes to These Terms
We reserve the right to revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. We also reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. By continuing to access or use the Site after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Site.
Force Majeure
We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike, or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemics, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
No Waiver
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any further exercise of any right, power, or privilege.
Severability
If any provision or term of this Agreement shall be determined to be invalid, void, or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
Assignment
You agree that we may assign any of our rights, and/or transfer, sub-contract, or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Entire Agreement
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof, and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement), and every nature between us.
Headings
All headings and titles in these Terms are inserted only as a matter of convenience, and in no way define, limit, extend or interpret the scope of these Terms or of any particular paragraph or section thereof.
If you have questions about this agreement. Please email us at info@Legerdemainia.com