Terms and Conditions:

Last Updated: 5-13-19  PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”). BY USING THE SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS.   THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 26. UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT AS SET FORTH BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LEGRANDE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.    These Terms are a legal agreement between Legrande Corporation, a California Corporation (“Legrande,” “we,” “us,” or “our”) and you that governs your use of the Services and any related applications, including all Updates, related documentation, and information and content accessed through the Services.  By using the Services, you authorize the collection of information about you, your use of the Services, the device on which the Services is installed, and the use, transmission, processing, and storing of information as described in Legrande’s Privacy Policy (located at www.legranderx.com/pages/privacy).   By using our Services, you agree to this Privacy Policy.    By using the Services, you agree that Legrande may use your email to communicate with you regarding all agreements, services, billing, advertising, notices, disclosures and other communications that we provide to you electronically. You also agree that such email communication will satisfy any legal requirement that such communications be in writing.

• • The Legrande Services.  

Legrande provides an online prescription management and delivery service through its website and mobile application (“Services”). Legrande enables doctors to prescribe and send to a Participating Dispensary an order (“Order“) for one or more products (including prescription medications, over-the-counter products, supplements, and other products (each a “Product”)).  Legrande acts as an e-prescribing and prescription management Services only, Legrande does not sell any Products directly.  Each prescription product that you order through Legrande must be based on a valid prescription issued for a legitimate medical purpose by a medical professional acting in the usual course of their professional practice. The Services is not, and is not intended to be, a substitute for professional medical advice, diagnosis or treatment, and any information that is not provided directly from your doctor to you through the Services does not constitute medical or other professional advice. The information provided through Legrande’s Services is designed to support, not replace, the relationship that exists between patient/site-visitor and their doctor. Never disregard professional medical advice or delay in seeking it because of something you have read or seen from our Services.

• Eligibility.  

You must be a resident of the United States and 18 years of age or older to use the Services. By using the Services, you certify that you are 18 years of age or older and a United States resident.

• Account Registration; Username and Password.

In order to use the Services you will need to log in to the Services with a user account that you register for through the Services (“Account”). You agree to provide current, complete, and accurate information when you register for an Account.  You agree to keep your log-in information confidential and not authorize any third party to use it or your Account.  You agree that Legrande may attribute all use of your Account to you and that you are responsible for all activities that occur under your Account.  You agree to notify Legrande immediately at privacy@legranderx.com if you suspect any unauthorized use of your Account or any other breach of security.  Depending on your Account type or other criteria, your Account may not have full access to all features or functionality available through the Services.  You agree not to attempt to access any restricted features or functionality.  When you place an Order through Legrande, we work with a pharmacy (whether retail, mail-order, compounding, or specialized), practitioner (whether doctor, naturopath, optometrist, or otherwise), or other dispenser (each, a “Participating Dispensary”) that processes your Order and fills your prescriptions. You acknowledge and agree that Legrande is not a dispensary or pharmacy and doesn’t fill prescriptions ourselves nor do we manufacture, prepare, dispense or provide medications of any kind. You also acknowledge and agree that, although we may select certain dispensaries to work with based on various metrics we apply, our decision to work with a specific dispensaries should not be deemed as an endorsement of, or a warranty regarding the quality of services provided by, such dispensary. If, for any reason, you aren’t satisfied with the manner in which a Participating Dispensary processed your Order, you agree that your sole remedy is to address this issue with the Participating Dispensary directly.  Most communication with Legrande occurs through your portal on the Services, and it may contain Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act, as amended (“HIPAA”), such as pictures of your prescriptions, medical insurance cards, and other sensitive health information. As a result, it is of utmost importance that you keep your portal secure at all times. To the extent there is any conflict between these terms of use and our applicable obligations under HIPAA, we will comply with our obligations under HIPAA.  You also acknowledge and agree that we do not provide any medical advice, opinion, diagnosis or treatment, and that that no dispensary-patient relationship or doctor-patient relationship is, or will be, established between Legrande and you as a result of your use of the Services or otherwise. You should check product information (including package inserts) regarding dosages, precautions, warnings, interactions and contraindications before administering or using any medications. If you have any questions regarding your prescriptions, you should consult your healthcare professional and dispensary, whose contact information may be listed on the prescription, the packaging of your prescription medicine or under your Account.

• Additional Users of the Services

You may add your family members 18 years of age or older as users of the Services if you acknowledge that you are acting as this patient’s representative and have an express authorization from the patient to enter their personal information and have medications delivered to the address entered. You hereby fully release or discharge Legrande and Participating Dispensary from any and all claims from injuries, damages and losses your minor child may have, arising out of, connected with, incidental to, or in any way associated with the administering of medication if you use the Services for a minor child.

• Legrande Does Not Provide Medical Advice.  

The Services and all content, information, graphics, text images, and other materials accessible through the Services (collectively, “Content”), including any Content uploaded or posted by users (“User Content”) are for information and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients.  Neither the Services nor the Content is intended to be used for medical diagnosis or treatment, and Legrande does not warrant or represent that the Content is appropriate or safe for your particular health needs, even if the information comes from a health care provider using the Services.  By using the Services, you assume full responsibility for the use of the Content and agree that Legrande is not responsible or liable for any claim, loss, or damage arising from the use of the Content.  Legrande does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses, or other Content that may be presented on the Services.    Your doctor may request that we include certain medical information in the package provided with your products.  We expressly disclaim any responsibility for such materials and only provided them to you with your agreement that Legrande will not be held liable for any issue related to such content, including any mistake made by our Participating Dispensary or glitch in our software.    IF YOU ARE HAVING A MEDICAL EMERGENCY, DO NOT USE OUR SERVICES – CALL 911.

• Authorization to Transfer a Prescription.

In case your prescription was transferred to or originally filled by a non-participating dispensary or pharmacy (not within Legrande’s network) Legrande may facilitate the transfer of your prescription to a Participating Dispensary. By using Legrande’s services, you authorize Legrande to facilitate the transfer of your prescription to any Participating Dispensary. Legrande has the sole discretion to determine which Participating Dispensary or fills your prescription. Additionally, in order to provide you the best possible quality of service, you authorize Legrande to facilitate the transfer of your prescription from one Legrande Participating Dispensary to another.

• Delivery of Your Order

If no one is present at your delivery address at the time of the delivery to receive your Order, we, or our delivery partner, may leave your Order at your door or other secure location in accordance with the general guidelines issued by the delivery services, if we, or our delivery partner, believes it is reasonable to do so.

• Payment.

Legrande does not currently charge users to use the Service itself, although it may institute fees upon sixty (6o) days notice.    You are responsible for paying for all Orders submitted through the Service.  When you submit an Order through the Service, we, in combination with our Participating Dispensary(s), will calculate the total Order price, which will be based on: (i) the actual cash price charged by the Participating Dispensary for each product if you are not utilizing your health insurance for such product; (ii) a copay amount that you are required to pay for your products, if you are using health insurance coverage for such product; (iii) any applicable payment based on a coupons being utilized for your products; (iv) any applicable delivery and handling fee that we may charge for delivery of the medication to the address specified in your Order and/or (v) other factors.   After we and our Participating Dispensary determines the total Order price, we will send you an email and/or text to notify you of the Order Price. If you do not confirm the initial Order (by clicking the “Approve” button in the email) within seventy-two (72) hours of the time the email was sent to you, your Order will be canceled automatically. We will charge you only when you confirm the initial Order within the seventy-two (72) hour period.   For recurring Orders for Products that you take on an ongoing basis, we will send you a text or email approximately seventy-two (72) hours before we process any refill for such Orders.  We will charge you for any refills unless you cancel within the seventy-two (72) hour period.  All refills shall be charged to your payment card on file.  If the price for a recurring Order has increased, we will send you another email to confirm the higher price or copay amount. If the price or copay amount for a recurring Order has decreased, we will charge you the lower price or copay amount without explicitly notifying you of the decrease.  Once you sign up for an automatic prescription refill through the Service,  You agree and acknowledge that your credit card on file will continuously and  automatically be charged for each renewal (at the frequency set forth on your prescription) without any action on your part until cancelled as outlined herein. If you wish to cancel,  you must call us at the number indicated on the Service  prior to the next refill period.  There are no refunds for Orders cancelled after a refill has been processed by the Participating Dispensary.  Except as permitted herein, all automatic prescription refills are non-cancellable, non-refundable, and non-returnable. You must provide us (or, if applicable, the Participating Dispensary) with a valid credit card and must update it with any changes. If timely payment is not received or cannot be charged to your credit card for any reason, we reserve the right to either suspend or terminate your access to the Services.   If you place an Order via the Services, you agree (i) that Legrande or Legrande’s third party payment processing service provider may process and/or charge your credit card (and on a recurring basis for recurring products) for verification, pre-authorization and payment purposes; (ii) to bear any additional charges that your bank or other financial service provider may levy on you as well as any fees or taxes that may apply to you, and that (iii) Legrande may use your insurance information to run a test claim to determine the price of the medication and/or whether a Prior Authorization is needed. You’ll receive a confirmation by email once the Participating Dispensary has completed processing your Order. If you have any concerns or objections regarding any charges, you agree to raise them first with Legrande and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Legrande, the Participating Dispensary.  By pressing the Approve button, you approve for the Service to submit the amount listed for payment on your credit card and consent to the storage of your credit card information. You certify that you are an authorized user of this credit card and that you will not dispute the payment with the credit card company so long as the transaction corresponds to the terms indicated on the payment page and in the Terms. You acknowledge that if any charges to the credit card are declined or charge backs are claimed against any outstanding amount, you will still be liable for payment pursuant to the Terms.

• • No More Than Price™ Payment for Your Order through Legrande

If you use our “No More Than Price” option,  we will estimate the maximum cost of your Order and we will pre-authorize your payment card for the “No More Than Price”.  The actual price of  your Order may be equal to or less than the “No More Than Price” We will not charge you more than the “No More Than Price” amount for any individual Order without your prior consent.

• • No Refunds or Returns

It is important that you carefully review any order or renewal for recurring prescriptions that you place. Once the product has been shipped, it cannot be returned and we offer no refund on shipped products.  Once placed, and except as expressly set forth herein, all Orders are non-cancellable, non-refundable, and non-returnable.

• • Cancellation of Your Prescription, Order or Refill

You may remove a prescription from your Account or cancel a refill for a particular prescription at any time by calling the phone number set forth on the Services before an Order is placed for that prescription.

• • Proprietary Rights

Legrande and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights and any content provided by or on behalf of Legrande therein. You acknowledge that the Services are protected by laws of the United States and any applicable jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.   Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

• • General Prohibitions

You agree not to do any of the following:

• • • Use, display, mirror or frame the Services, or any individual element within the Services, Legrande’s names, any Legrande trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Legrande’s express written consent;
    • Access, tamper with, or use non-public areas of the Services, Legrande’s computer systems, or the technical delivery systems of Legrande’s providers;
    • Attempt to probe, scan, or test the vulnerability of any Legrande system or network or breach any security or authentication measures;

• • • Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Legrande or other generally available third party web browsers;
    • Use the Services for any commercial purpose or for the benefit of any third party or in any manner, other than as explicitly permitted by these Terms;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
    • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

• • • Impersonate or misrepresent your affiliation with any person or entity;
    • Violate any applicable law or regulation; or
    • Encourage or enable any other individual to do any of the foregoing;

Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.  The Services are provided for your individual, personal, and non-commercial use. You may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign the Services or any portion thereof to any third party. Nor may you remove any proprietary notices from the Services or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services or attempt to access any restricted services or features.

• • Additional Terms; Third-Party Websites, Products, and Services.

In addition to any terms provided with an Update, you may be required to agree to additional terms if you desire to access certain Services or features (collectively the “Additional Terms”).  Except as expressly set forth in these Terms, if there is a conflict between these Terms and any Additional Terms, the Additional Terms will govern.  You may also agree to Notice of Privacy Practices from us, or your doctor or dispensary, and if there is any conflict between these Terms, the Privacy Policy, and the Notice of Privacy Practices, the Notice of Privacy Practices shall prevail.    You may need to obtain additional products or services in order to use the Services, such as a device, internet access, or a data connection.  You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission).  Legrande does not endorse or sponsor any third-party products or services and does not have control over such products or services.  Legrande is not responsible for any malfunction or error, including any unauthorized hacking, attributable to your use of a third-party product or service.  The Services may contain links or references to third-party web sites or other embedded resources (collectively, “Linked Properties”). Linked Properties may have their own terms of use, which Legrande does not control. Legrande does not monitor, endorse, or guarantee, and has no responsibility for, Linked Properties or any transactions or information you may undertake or receive from Linked Properties.  If you have a specific dispute or concern related to the content, products, or services in Linked Properties, you should contact the owner of the Linked Property and not Legrande.

• • User Content.

The Services may contain user profiles and other interactive features that allow users to post, upload, provide, or otherwise submit User Content on or through the Services.  Legrande does not control and is not responsible or liable for any User Content. You acknowledge, represent, and agree that all User Content submitted through your Account (“Your Content”) is submitted voluntarily and is not confidential or proprietary and that Legrande will not treat it as confidential. Legrande does not claim ownership of User Content.  You grant to Legrande and its affiliates and service providers a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, and translate Your Content (and derivative works thereof) in connection with the operation of the Services.  Legrande is under no obligation to post User Content on the Services and Legrande may, in its discretion, edit, block, refuse to post, or remove any User Content (including Your Content) at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that Your Content does not infringe the rights of Legrande or any third party or violate any agreement with or policy of Legrande or any applicable law. If Legrande suspects violations of the foregoing, Legrande may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for Your Content and any other User Content you provide to Legrande or make available through the Services. Legrande is not obligated to review User Content; however, you authorize Legrande to screen, filter, restrict, block, move, refuse, and modify User Content at any time in Legrande’s discretion and without notice.  You also authorize Legrande to install, implement, manage, and operate one or more software, monitoring, or other solutions designed to assist in identifying and tracking User Content and violations of these Terms.

• • Remedies and Corrective Action.

Legrande reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of these Terms, and expressly reserves all rights and remedies available to Legrande at law or in equity, including instituting legal action and cooperating with law enforcement authorities.  You agree to cooperate with Legrande in investigating suspected violations of these Terms by you or others.  To the maximum extent authorized under applicable law, Legrande reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services and the Content to you at any time and without notice.

• • Availability; Support.

Legrande may, but has no obligation to, provide updates, supplements, or add-on components (collectively, “Updates”) to the Services, these Terms will apply to the Updates unless Legrande provides additional terms along with the Update in which case, those additional terms will apply to the Update. You agree that Legrande may automatically check your version of the Services and send Updates to the Services and may release subsequent versions of the Services and require you to the use the most current version. Legrande reserves the right to discontinue your access to the Services or to any Content provided or made available to you through use of the Services at any time for any reason.  Legrande has no obligation to, and might not, provide support in relation to the Services or your Account. Legrande does not guarantee availability of the Services or your Account and your access is permitted only if and when the Services and your Account are available. Your use of the Services and access to your Account may occasionally be restricted for service, upgrades, maintenance, or other reasons.

• • Beta Service Disclaimer

You acknowledge that: (i) the Services (or portions of the Services) made available under these Terms may be in a beta development stage or may have otherwise not been made commercially available by Legrande; (ii) the Services may not operate properly, be in final form or fully functional; (iii) the Services may contain errors, design flaws or other problems; (iv) Legrande has no obligation to release a commercial version of the Services; and (v) Legrande has the right unilaterally to abandon development of all or a part of the Services, at any time and without any obligation or liability to you.

• • Termination. 

We may terminate your access to and use of the Services or deactivate or cancel your Account, at our sole discretion with or without notice, for any reason or no reason, and without liability to you. You may cancel your Account at any time by sending an email to us at support@legranderx.com Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. Upon any termination, discontinuation or cancellation of the Services or your Account by you or us, you will continue to be obligated to pay all amounts owing under these Terms which are due and payable prior to such termination, discontinuation or cancellation. Sections 10, 12, 13, 16, 20-23, 25, and 26-28 of these Terms will survive termination.

• • Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU.  LEGRANDE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  IN PARTICULAR, LEGRANDE MAKES NO WARRANTY THAT THE SERVICES, SERVICES OR CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, RELIABLE, TRUTHFUL, INCLUDING AS IT RELATES TO ANY HEALTH-RELATED CONTENT OBTAINED AS A RESULT OF YOUR USE OF THE SERVICESOR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.  IT IS SOLELY YOUR RESPONSIBILITY TO (1) ENSURE THAT YOUR ORDER WAS PROPERLY PROCESSED AND THAT YOU RECEIVED THE CORRECT PRODUCTS (INCLUDING THE CORRECT DOSAGE(S) THEREOF), (2) CONSUME THE PROPER DOSAGE(S) OF YOUR PRODUCTS(S), AND (3) STORE ALL PRODUCTS PROPERLY AND IN ACCORDANCE WITH THE GUIDELINES PROVIDED BY THE DISPENSARY AND/OR APPLICABLE PRODUCT MANUFACTURER(S).  LEGRANDE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING A DISPENSARY’S AND ITS PERSONNEL’S PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR ACCURACY IN FILLING YOUR PRESCRIPTION(S), AND ASSUMES NO RESPONSIBILITY FOR A DISPENSARY’S COMPLIANCE OR NON-COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS. WITHOUT LIMITING THE FOREGOING, LEGRANDE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY PRODUCTS INCORRECTLY FILLED BY A DISPENSARY, WHETHER AS A RESULT OF INACCURATE INFORMATION PROVIDED BY YOU OR OTHERWISE, ANY CANCELLED OR OTHERWISE UNFILLED PRODUCTS (OR ANY INJURY OR DEATH RESULTING THEREFROM), OR ANY ACT OR OMISSION OF ANY DISPENSARY.

• • Limitation of Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LEGRANDE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; WRONGFUL DEATH; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE WEBSITE, THE CONTENT, OR YOUR ACCOUNT, EVEN IF LEGRANDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEGRANDE’S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, THE WEBSITE, THE CONTENT, OR YOUR ACCOUNT WILL NOT EXCEED $100. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER THESE TERMS OR RELATED TO THE WEBSITE OR CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.   NOTHING IN THIS SECTION WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED.

• • Indemnity.

To the maximum extent allowed by applicable law, you agree to defend, indemnify, and hold harmless Legrande, its directors, officers, employees, agents, partners, suppliers, affiliates, and licensors, from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys’ fees and costs, whether in tort, contract or otherwise, relating to, arising from, or allegedly arising from (a) your use of the Services, Services and the Content; (b) activities occurring under your Account; (c) any violation of these Terms; (d) Your Content; and (e) your violation of any other party’s rights or applicable law.  Legrande reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Legrande in asserting any available defenses

• • Notices.

Legrande may give you all required notices (including legal process) by any lawful method, including by posting notices on the Services or by sending it to any email address that you provide to Legrande. You agree to send Legrande notices at suppport@legranderx.com.  You may also write Legrande at 18 Bunsen, Irvine, CA 92618.

• • Changes to these Terms.

Legrande reserves the right to change these Terms at any time upon notice to you. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at www.legranderx.com/pages/terms. Updated Terms are binding on you as of the effective date indicated in our notice. Your continued use of the Services after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you should disable your Account and stop using the Services.

• • Governing Law.

The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.  California law will govern the interpretation of these Terms and applies to all claims under or for breach of these Terms or relating to the Services or Content (regardless of conflict of laws principles), except where the application of another law cannot be prevented by agreement.

• • AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER; AND LOCATION OF DISPUTE RESOLUTION.  

You and Legrande each agree that all claims, controversies, and disputes (“Disputes”) between You and Legrande, including Disputes arising out of or related to the Services, Services, Orders, Content, or these Terms, will be resolved by binding arbitration by a single neutral arbitrator, provided, however, that the arbitration provision in this Section (“Arbitration Provision”) does not preclude You or Legrande from asserting any claim that may be brought in small claims court arising out of any Disputes.  YOU ALSO ACKNOWLEDGE THAT YOU AND LEGRANDE ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE ANY DISPUTES. Unless you and Legrande otherwise agree, JAMS will arbitrate all disputes and JAMS rules will apply.  You and Legrande each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules.  YOU ALSO ACKNOWLEDGE THAT YOU AND LEGRANDE ARE EACH AGREEING TO FOREGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS.   Notwithstanding the above and any JAMS rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, you and Legrande each agree that any challenges to the validity or enforceability of the class action waiver in this Arbitration Provision will be decided by a federal court and not by an arbitrator.  If any court or arbitrator holds that the class action waiver in this Arbitration Provision is unenforceable, then the Dispute must be brought in a state or federal court and not in arbitration.    You and Legrande each agree that the location of the arbitration or court where the Dispute will be resolved will be the largest city in the state where you live. You and Legrande each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys’ fees. You and Legrande each are responsible for your or its respective costs relating to the arbitration, except that Legrande will pay all arbitration administrative or filing fees, including the arbitrator fees, other than, in a Dispute in which you assert a claim against Legrande, the amount of the fees that equals the then-applicable fee for filing a civil action in federal court for the judicial district in which you live, unless you demonstrate to the arbitrator that you would be entitled to file that civil action without payment of the then-applicable fee as provided by law. To begin arbitration, you must send a letter requesting arbitration and describing your Dispute to the contact listed for Legrande herein. You may opt out of this Arbitration Provision by mailing Legrande written notice of your election to opt-out to the attention of Legrande Legal Department at the address listed herein within 45 days of the date you first use any of the Services, Services, Orders or Content expressly indicating that you are opting out of the Arbitration Provision and including your name and address, provided that your election will not be effective until it is received by Legrande.  Your election to opt-out of this Arbitration Provision will not otherwise affect your rights and obligations under these Terms.  You and Legrande each also agree that these terms affect interstate commerce so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law herein).

• • Feedback.  You have no obligation to—but may provide—suggestions, comments, or other feedback to Legrande with respect to the Services, Services, Orders or Content or Legrande’s products or services (“Feedback”).  You agree that all Feedback is given voluntarily and it is not and will not be treated as confidential even if you designate it as confidential.  You will not give Feedback that is subject to license terms that seek to require any Legrande product, technology, service, or documentation incorporating or derived from Feedback, or any Legrande intellectual property, to be licensed or otherwise shared with any third party.  You hereby assign to Legrande and rights in or to any Feedback.  Legrande will be free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback provided to Legrande through any manner or means, as it sees fit, entirely without obligation to you or restriction of any kind on account of intellectual property rights or otherwise.
  • General.

These Terms constitute the entire and exclusive understanding and agreement between Legrande and you regarding the Services, Services, Orders, or Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Legrande and you regarding the Services, Services, Orders and/or Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You and Legrande intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Legrande agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.  You may not assign, transfer, or sublicense your rights, if any, in your Account or under these Terms. Legrande’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Legrande.