PRIMROSE PLACE TERMS OF SERVICE
Date of Last Revision: March 2019
Primrose, Ltd. d/b/a “Primrose Place” (“Primrose Place,” “We,” “Us,” or “Our”) provides an online platform and workbook for users, including baby boomers and others, to develop and publish personal and other stories (collectively, the “Services”), which are made available through Our website located at www.PrimrosePlaceLegacy.com (the “Site”). Your utilization of the Services, along with your access to and use of the Site, are governed by these Terms of Service (the “Terms”). Please read these Terms carefully before accessing or using the Site or utilizing the Services.
We reserve the right, and may, at Our sole discretion, modify or update any aspect of these Terms at any time. If We do so, We will post the updated Term to the Site and note the date the changes went into effect. Any modified or updated Terms are effective upon their posting to the Site. Your continued access to or use of the Site or utilization of the Services after such posting constitutes your acceptance to the modified and/or updated Terms. If you do not agree with these Terms, please do not access or use the Site or utilize the Services. It is your responsibility to regularly review the Terms to determine whether any modifications or updates have been made. Also, We reserve the right to alter or discontinue the Site and/or the Services, in whole or in part, at any time, for any reason, and without notice to you, in Our sole discretion. Please note that any rights granted by you to Primrose Place in these Terms are also granted by you to Our directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates.
By accessing or using the Site or utilizing the Services, you represent and warrant that you are at least thirteen (13) years old or older. If you are under the age of 13, please do not access or use this Site or utilize the Services.
You may voluntarily discontinue your access to and use of the Site and/or utilization of the Services at any time. Primrose Place may also terminate your access to and use of the Site and/or your utilization of the Services at any time and for any reason, at Our sole discretion, including, without limitation, due to your violation of these Terms. If your access to or use of the Site and/or utilization of the Services is discontinued or terminated, your obligations under these Terms will nonetheless remain in effect.
You acknowledge and agree that any such discontinuation or termination may involve the deletion or removal of any material or content provided to Us without warning to you. Primrose Place shall not be liable to you in any way whatsoever for any termination or discontinuation of your access to or use of the Site and/or utilization of the Services, or the deletion, removal, or loss of any material or content (including User Content) provided to Primrose Place. Moreover, Primrose Place has no obligation to save your material or content or to make material or content available to you upon the termination or discontinuation of your access to and use of the Site or utilization of the Services.
You must be at least eighteen (18) years of age to create a user account with Us. If you are not at least 18 years old, please do not set up a user account with Us. In order to utilize the Services and make purchases, all users must create an individual user account by supplying a unique user name and password, along with other information about yourself, as requested. By creating a user account, you represent and warrant that you are at least 18 years old and the information supplied by you is complete, accurate, and current, and that you will keep such information up to date.
You are solely and fully responsible for safeguarding and maintaining the security and confidentiality of the unique user name and password you use to access your user account, and for any and all actions taken under your user account (whether authorized by you or otherwise). Primrose Place shall not be liable for any actions taken under your user account (whether authorized by you or otherwise) or for any loss or unauthorized use of your user name and password. You shall promptly notify Us of any unauthorized access to or use of your user account. You shall not access or attempt to access another user’s user account.
USE OF SITE
You may access and use Our Site, and utilize the Services, solely for your personal, noncommercial use. Subject to and conditioned upon your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, and non-sublicensable right and license to access and use the Site, and utilize the Services, as made available by Us to you, for personal, non-commercial purposes only. Except as expressly authorized by these Terms, you may not use, reproduce, copy, distribute, modify, transmit, publicly display, sell, or create derivative works of any portion of the Site or the Services without first obtaining the express written permission to do so from an authorized representative of Primrose Place.
While we make reasonable efforts to accurately display the attributes of Our products and services, including the applicable colors, the actual attributes you see will depend on your computer system, and We cannot guarantee that your computer will accurately display such attributes.
When accessing or using the Site, or utilizing the Services, you agree not to:
- Violate any applicable law, regulation, rule, or governmental order;
- Violate the rights of another (whether such rights are afforded by law, by contract, in equity, or otherwise), including, without limitation, intellectual property rights, proprietary rights, and rights of publicity and privacy;
- Engage in conduct intended to, or which you should reasonably know could, harm another;
- Defame, harass, stalk, threaten, or otherwise negatively impact the safety or rights of another;
- Impersonate another, or use or submit fraudulent, misleading, or inaccurate personal information, contact information, credit card information, or other information;
- Upload, transmit through, or display on the Site or the Services any images or photographs of people who have not given permission for you to do so;
- upload, transmit through, or display on the Site or the Services, any material or content, including, without limitation, User Content, that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or is otherwise reasonably objectionable, that advocates violence or unlawful activity, that advocates terrorism, that contains hate speech, that contains nudity, that infringes upon or violates the rights of another (whether such rights are afforded by law, by contract, in equity, or otherwise), that is considered confidential or proprietary to or a trade secret of another, that is an advertisement, solicitation, or a commercial communication, or that scrapes, harvests, or collects the personal, financial, or contact information of any user of the Site or the Services;
- Engage in spamming, or transmit software or other content that contains a virus, worm, Trojan horse, defect, or other destructive item;
- Restrict or inhibit another from accessing or using the Site, or utilizing the Services;
- Take any action to damage, disable, overburden, or impair the Site or the Services;
- Modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any portion of the Site or the Services;
- Remove from the Site or the Services any notice of intellectual property rights or proprietary rights, including, without limitation, a copyright notice, or a trademark or service mark notice, or attempt to do any of the foregoing.
Primrose Place reserves the right to terminate your access to and use of the Site, and utilization of the Services, and to remove any material or content provided by you, which Primrose Place, in its sole discretion, believes to be in violation of these Terms.
Some portions of Our Site may enable you to send and receive transmissions. You acknowledge and agree that We have no responsibility or liability for any transmission or content included in such transmissions, sent or received by you. We reserve the right, in Our sole discretion, to set limits on the number and size of transmissions sent or receive through or Site and/or the amount of storage space available for transmissions.
Also, you may elect to share your content with others, including on or through the Site. When you choose to share your content, it means you are giving others, possibly including the general public, access to view and potentially use that content. People on an off of the Site may be able to view the content and associate it with the author listed on the cover page. Sharing your content is done at your sole risk.
Further, your sharing of content shall not violate any law, regulation, rule, or governmental order, nor violate or infringe upon the rights of another (whether such rights are afforded by contract, at law, in equity, or otherwise), including, without limitation, intellectual property rights, rights of publicity, and rights of privacy. You shall indemnify, defend, and hold harmless, Primrose Place, from and its and its directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates harmless from and against any and all losses, damages, liabilities, fees (including reasonable attorneys’ fees), fines, penalties, costs (including court costs), and expenses that arise from or relate to any claim, cause of action, proceeding, lawsuit, or action related, whether directly or indirectly, to the sharing of content by you, whether or not reviewed or considered by Us in advance.
By Primrose Place
Primrose Place or its licensor(s) (if any) own the Site and the Services, all contents and portions thereof, and all rights, title, and interests therein and thereto, including, without limitation, all patent rights, copyright rights, trademark rights, service mark rights, trade secrets, software, technology, and all other intellectual property and proprietary rights. Except for the limited license granted to you in these Terms, nothing in these Terms transfers, or should be construed as transferring, any aspects of the Site, the Services, or any rights therein or thereto to you or to any third party. Your right to access and use the Site, and utilize the Services, is subject to these Terms and the limited license granted to you herein. Additionally, all trademarks, service marks, and other brand indicia of Primrose Place is the sole and exclusive property of Primrose Place, and you may not copy, imitate, or use any of the foregoing (or anything confusingly similar thereto), in whole or in part, without first obtaining the express prior written permission to do so from an authorized representative of Primrose Place.
When accessing and using the Site, or utilizing the Services, you may provide or submit material or content, including, without limitation, text, photographs, images, graphics, and data (“User Content”). You are solely responsible and liable for User Content and the use, provision, and submission thereof, and Primrose Place shall not be responsible or liable in any way therefor.
As between you and Primrose Place, you will retain ownership of User Content. However, by providing or submitting User Content on or through the Site or the Services, you grant to Primrose Place a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, perpetual, and worldwide right and license to use, reproduce, modify, adapt, publish, distribute, store, save, create derivative works of, and publicly display User Content as needed to provide you with access to and use of the Site, to provide you with the Services, to provide you with products and services offered by Primrose Place, to improve or modify the Site, the Services, and other products and services offered by Primrose Place, and to promote Primrose Place, the Site, the Services, and Our other products and services. You also waive any moral or artistic rights with respect to User Content. Please note that while you retain ownership of User Content, any other material or content accessible on or through the Site or the Services is not owned by you and the rights therein and thereto are retained by Us or Our licensor(s) (if any).
You represent and warrant that you own User Content, or otherwise possess all necessary rights to use, provide, and submit User Content, and that User Content and the use, provision, or submission thereof does not and will not violate any law, regulation, rule, or government order or infringe upon or violate any rights of another (whether such rights are afforded by law, by contract, in equity, or otherwise), including, without limitation, patent rights, copyright rights, trademark and service mark rights, trade secrets, and any other intellectual property rights or proprietary rights.
To the extent User Content contains your name, image, or likeness, you consent to Our use of the same to the same extent We are permitted under these Terms to use other User Content, and you hereby waive, and release and discharge Primrose Place from, any and all claims, causes of action, demands, liabilities, costs, and damages arising from such use, including, without limitation, for defamation, libel, emotional distress, invasion of privacy, violation of rights of publicity or rights of privacy, and violation of moral or artistic rights.
User Content shall not include the name, image, or likeness of another unless you have obtained the written consent, permission, and release from such person (or such person’s parent or guardian, to the extent such person is under the age of majority) to use and grant the right to use their name, image, and likeness in the same manner that all User Content may be used by you or Us under these Terms. Such written consent, permission, and release shall contain an identical waiver, release, and discharge of Primose Place as the one you have provided to Us in these Terms. In fact, you represent and warrant that you have obtained such a written, consent, and release from any and all persons (or such person’s parent or guardian, to the extent such person is under the age of majority) whose name, image, or likeness appears in User Content, and you agree to provide a copy of such written consent to Us upon request. If User Content contains the image or likeness of an identifiable individual under the age of eighteen (18), we strongly recommend that you not include any identifying information (e.g., name or address) along therewith.
You agree that Primrose Place reserves the right, but is not obligated, to review User Content, and to filter, block, modify, remove, and delete User Content from the Site or the Services at any time, for any reason, and without notice to you. We are not and will not be responsible or liable for any of the foregoing conduct or the loss of User Content as a result thereof. We recommend that you keep back-up copies of your User Content.
You acknowledge and agree that Primrose Place may charge for products and services, including the Services. Our current prices, fees, and charges can be found on Our Site. The price, availability, and specifications of Our products and services are subject to change without prior notice. The availability of any product or service on Our Site at a particular time does not imply or warrant that such product or service will be available at any other time.
To make any purchases through the Site, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You agree to pay all fees and charges incurred in connection with your purchases, including, without limitation, taxes, duties, shipping fees, and other charges, at the rate in effect when such fees and expenses are incurred. Title and risk of loss for any purchase pass to you upon the delivery of the same to the carrier. Any products ordered for delivery outside of the United States may be subject to import duties and taxes, which you are also responsible for paying, along with any charges for customs clearance. For any foreign-bound purchases, you agree that you are the importer of all purchased items and will follow all applicable laws of the destination country.
All purchases must be made in the form of a valid credit card or third party payment processing system of the type We accept. Primrose Place does not accept cash, checks, or any other form of payment other than credit card and certain third party payment processing system(s), although We reserve the right to change Our policies in the future. By providing credit card or other payment information to Primrose Place for purchases, you agree that Primrose Place need not provide any additional notice to or obtain any additional consent from you before invoicing applicable charges to that credit card or payment platform. You also agree that We are authorized to immediately invoice charges to your credit card or payment platform for all fees and charges due and payable to Primrose Place as a result of your purchases.
For any dispute of charges to your credit card, you must notify Primrose Place, in writing, within seven (7) days of receiving your credit card statement from your credit card provider. Any such written notice should contain sufficient detail to allow Primrose Place to understand the nature of the dispute. Such notice must also be sent to Primrose Place Customer Support by mail at 381 E. Main Street, Lexington, KY 40507 or by email at payments@PrimrosePlaceLegacy.com.
You are always able to view your product before it is printed, therefore all sales are final. However, if you are not satisfied with your product, we will work with you in a reasonable manner to resolve any issues.
While Primrose Pole is not obligated to review User Content for copyright infringement or otherwise, We respect the intellectual property rights of others. The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Site infringes your copyright rights, you (or your authorized agent) may send Us a notice requesting that such material be removed or access to it be blocked.
The notice must include the following information: (i) a physical or electronic signature of the owner of an exclusive right that is allegedly infringed or of a person authorized to act on his or her behalf; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Us to locate the material on our Site; (iv) information reasonably sufficient to permit Us to contact the complaining party, such as a name, address, telephone number, and email address; (v) a statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see www.copyright.gov or 17 U.S.C. § 512(c)(3) for more details).
DMCA notices and counter-notices regarding Our Site should be sent to:
Attn: Copyright Department
381 East Main Street
Lexington, KY 40507
By creating a user account or utilizing the Services, you grant us the right to contact you via email regarding Primrose Place, the Site, or the Services. To opt out of receiving such email communications, please contact us by mail at 381 E. Main Street, Lexington, KY 40507 or by email at privacy@PrimrosePlaceLegacy.com.
NOTICE FOR CALIFORNIA USERS
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Such information is subject to change from time to time.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS AND CONTENT CONTAINED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. ADDITIONALLY, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT THE SITE AND THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE FROM DEFECTS OR DELAYS. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERM.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE FROM OR RELATE IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SITE, OR YOUR UTILIZATION OF THE SERVICES, OR OUR PROVISION OF OR FAILURE TO PROVIDE THE SAME, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE IN ANY WAY FOR ANY CONDUCT OF USERS OF THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR UNAUTHORIZED CONDUCT, AND THAT THE RISK OF INJURY THEREFROM RESTS ENTIRELY WITH YOU. FURTHERMORE, WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR THE USE, PROVISION, OR SUBMISSION OF ANY USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO OBTAIN A REFUND FOR AMOUNTS PAID BY YOU TO PRIMROSE PLACE THEREFOR AND TO STOP YOUR USE OF AND ACCESS TO THE SITE AND YOUR UTILIZATION OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY PRIMROSE PLACE WILL HAVE TO YOU FOR ANY CLAIM WHATSOEVER SHALL BE THE ACTUAL AMOUNTS PAID BY YOU TO PRIMROSE PLACE OR USD $100, WHICHEVER IS GREATER. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold Primrose Place and its and its directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates harmless from and against any and all losses, damages, liabilities, fees (including reasonable attorneys’ fees), fines, penalties, costs (including court costs), and expenses that arise from or relate to any claim, cause of action, proceeding, lawsuit, or action related, whether directly or indirectly, to: (a) your access to or use of the Site or your utilization of the Services in violation of these Terms; (b) any act or omission made through your user account; (c) your breach of any representation or warranty made by you herein; (d) any use, provision, or submission of User Content (including, without limitation, in a manner that violates or infringes upon the rights of another, whether such rights are afforded by law, by contract, in equity, or otherwise); or (e) your violation of any applicable law, regulation, rule, or governmental order.
GOVERNING LAW, JURISDICTION, VENUE
These Terms, and any subsequent amendment or modification thereto, shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Kentucky, without regard to its or any other jurisdiction’s conflicts of law rules or principles. Any claim, cause of action, legal proceeding, or lawsuit about, involving, or arising from these Terms shall be brought in the appropriate state or federal courts located in Lexington, Kentucky. You hereby consent to the exclusive jurisdiction of such courts, and expressly disclaim and waive any objection thereto, including an objection based on lack of personal jurisdiction, inconvenient venue, or improper forum. Any cause of action by you with respect to the Site or the Services must be instituted within one (1) year after the cause of action accrued, or the same shall be forever waived and barred.
CLASS ACTION WAIVER
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SITE OR UTILIZATION OF THE SERVICE INDICATES YOUR EXPRESS CONSENT TO THIS WAIVER.
Any breach of these Terms by you may result in immediate and irreparable injury to Primrose Place and its directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates (the “Non-Breaching Parties”) in an amount that is difficult to ascertain. Therefore, in the event of a breach or threatened breach of these Terms by you, or in anticipation of a breach of these Terms by you, the Non-Breaching Parties shall be entitled to proceed directly to court to obtain the remedies of specific performance and injunctive relief without the necessity of posting a bond or assuming other undertakings therewith. The right to seek specific performance and injunctive relief is in addition to all other remedies that may otherwise be available to the Non-Breaching Parties at law, in equity, or otherwise. All of the Non-Breaching Parties’ remedies for any breach of these Terms shall be cumulative, and the pursuit of one remedy shall not be deemed to exclude any other remedies. Moreover, if any claim, cause of action, action, legal proceeding, or lawsuit, whether at law, in equity, or otherwise, is brought by one or more of the Non-Breaching Parties to enforce or interpret these Terms, such Non-Breaching Parties shall be entitled to the recovery of reasonable attorneys’ fees and court costs incurred as a result thereof.
These Terms constitute the entire agreement between you and Primrose Place regarding the subject matter herein, and they supersede any prior or contemporaneous oral or written agreements between us related to such subject matter. Except as otherwise provided for herein, these Terms may not be modified or amended.
Should any part, term, or provision of these Terms be declared or determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the validity of the remaining parts, terms, or provisions shall not be affected thereby and any illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of these Terms. In such event, each party agrees that the court may impose any lesser restrictions it considers appropriate to protect the interests and intent of the parties.
No waiver by Primrose Place of any breach of these Terms shall be deemed a waiver of any other breach of these Terms, of any other obligation, term, condition, or of provision of these Terms, or any claim to which We are entitled under the these Terms. Similarly, a delay or failure by Primrose Place to raise a claim to which it is entitled under these Terms shall not be deemed a waiver of any other claim entitled to Us, of any breach of these Terms, or of any other right, part, term, or provision of these Terms.
Any heading, caption, or section title contained in these Terms has been included for convenience only, and in no way limit or define the scope of these Terms, and shall have no legal effect.
These Terms are binding upon and shall inure to the benefit of each party hereto, and each of their respective successors, heirs, and assigns (as may be applicable and permitted herein).
For general questions, please visit the Help page on the Site. If you have any questions regarding these Terms, please contact:
381 East Main Street
Lexington, KY 40507