This user agreement offered by the Legacy Land Society, LLC with a physical mailing address and contact information to be described in detail below as required by and within the scope of the laws of the governing State in which the Legacy Land Society, LLC is governed and domiciled within the scope, scale, and restrictions of this official and legally recognized User Agreement; its owners, partners, affiliates, assigns, heirs, descendants, development designees, independent contractors, marketers, vendors, third party inventory providers, and representatives, or any other person or entity affiliated with said same and unconditionally agreed to by the purchaser, supporter, sponsor, donor, third party marketing affiliate, fundraising partner, or customer executing this contract; their aliases, assigns, designees, heirs, partners, descendants, and/or business entities with individual addresses and contact information of record as supplied by purchaser, supporter, sponsor, donor, third party marketing affiliate, fundraising partner, or customer executing this contract at the time of purchase of naming rights, sponsorship, or donation for the purposes of outlining the rights, responsibilities, terms, and scope of any purchase made from the Legacy Land Society either through a direct purchase and/or through any marketing partners, affiliates, fundraising organizations, or any other third party associations.
Whereas: Any purchaser, supporter, sponsor, donor, third party marketing affiliate, fundraising partner, or customer executing this contract acknowledges and agrees to purchase naming rights, sponsor, or donate money supplied in United States of America dollars to the Legacy Land Society, LLC to assist, support, acquire, or otherwise designate their transaction to the purposes expressed and promoted by the Legacy Land Society, LLC utilizing the sponsorship and financial support of independent land preservation efforts made on behalf of the Legacy Land Society, their designated land owning partners and organizations, greening efforts designed to reduce carbon emissions and support carbon sequestration efforts including but not limited to the acquisition of open space, acreage, or other “at risk” property threatened by development; tree planting campaigns, and or other environmentally sustainable and responsible efforts achieve these and other environmental conservation efforts. LLS reserves and maintains the right to adjust, change, move, or otherwise reassign named land originally designated as required by law through court order, law enforcement request, or any actions taken by federal, state, or local government agencies including school districts under any legal proceeding taken under various codified actions as it pertains to eminent domain proceedings under protest, duress, or otherwise. PRSR’s original naming rights, sponsorship or donation can and will be transferred to another land preservation project equal or greater than the original purchase of naming rights, sponsorship, or donation by the Legacy Land Society in order to complete the contractual obligations outlined by this and any other future user agreements in order to secure the rights of the purchaser for the time period originally represented upon initial purchase.
Whereas: Purchaser acknowledges that their purchase, sponsorship, or donation towards the purchase or preservation of any land or greening project made through or by the Legacy Land Society has been made without coercion or duress. Purchaser further acknowledges that their purchase, sponsorship, or donation has been freely made and is done so intentionally with a full understanding of their rights, responsibilities, or limitations applicable throughout this User Agreement. Further, purchaser agrees to indemnify, hold harmless, and release from any all general and civil liability surrounding the purchase, naming, sponsorship, or donation activity with respect to any potential property or project affiliated with the Legacy Land Society in any way. Purchaser acknowledges that their rights have been specifically outlined in this User Agreement and agrees to abide by all limitations and restrictions outlined within this User Agreement. Terms are final and cannot be negotiated or altered without the express written consent of the actual property owner, entity, partners, affiliates, assigns, heirs, descendants, or designees obtained through communication and coordination with the Legacy Land Society as liaison in order that the Legacy Land Society can and will honor its commitments, agreements, understandings, and contracts with any possible third party land owners, their partners, affiliates, assigns, heirs, descendants, development designees, or independent contractors to the best of their ability within all practicable and reasonable measures as allowed by local, state, and federal laws applicable to any given property affiliated with the Legacy Land Society and its projects, partners, and affiliates.
Whereas: This is not a sale or lease and should not be considered as such for any reason real or perceived. At no time will purchaser, sponsor, or donor retain any ownership interest of any kind whether it be in financial interest, purchase, or lease in any land offered for preservation by and through this website. Purchaser’s rights are limited to naming rights, sponsorship, or donation of the designated amount of funds per purchase to be used for the purchase, preservation, or greening project of either the Legacy Land Society or its owners, partners, affiliates, assigns, heirs, descendants, development designees, independent contractors, marketers, vendors, third party inventory providers, and representatives. Purchaser as described above does not have any right or authority to sell, lease, or otherwise represent any financial interest in any land they may have named, sponsored, or donated money towards. Purchaser does not have any right to visit, enter, or otherwise trespass on any land mentioned in their purchase or that of projects displayed or promoted through the Legacy Land Society’s website or otherwise without the express written consent of the actual property owner, entity, partners, affiliates, assigns, heirs, descendants, or designees obtained through communication and coordination with the Legacy Land Society as liason in order that the Legacy Land Society can and will honor its commitments, agreements, understandings, and contracts with any possible third party land owners, their partners, affiliates, assigns, heirs, descendants, development designees, or independent contractors to the best of their ability within all practicable and reasonable measures as allowed by local, state, and federal laws applicable to any given property affiliated with the Legacy Land Society and its projects, partners, and affiliates. Violation of this portion of the User Agreement by any purchaser or donor may result in civil or criminal violations and/or charges resulting from any unauthorized entry or trespass to any property related to this agreement whether real or perceived.
Terms, Uses, and Limitations: Land that has been named, sponsored, or donated toward the preservation for open space shall be preserved in its natural state or modified in an environmentally responsible way (such as planting trees) for a period of time designated by any third party land owner as outlined in the third party land rights agreement signed by the third party land owner and the Legacy Land Society, its owners, partners, affiliates, assigns, heirs, descendants, development designees, independent contractors, marketers, vendors, third party inventory providers, and representatives. Wherever practicable, the period of time for any land to be preserved as undeveloped open space shall be made “in perpetuity” or forever in layman’s terms or for a period of one hundred years. Any third party landowner agreement must have and maintain an absolute minimum preservation period of at least twenty years in special cases warranting a time period of less than one hundred years. Property or land acquired, obtained, or leased by the Legacy Land Society, its owners, partners, affiliates, assigns, heirs, descendants, development designees, independent contractors, marketers, vendors, third party inventory providers, and representatives for long term preservation or environmentally responsible improvement shall be executed with the minimum target time period of preservation of one hundred years or more. Whenever practicable, time periods of preservation involving periods of time greater than 100 years will hold priority. Allowable uses of preserved land, whether owned directly or leased or otherwise marketed through the Legacy Land Society, its owners, partners, affiliates, assigns, heirs, descendants, development designees, independent contractors, marketers, vendors, third party inventory providers, and representatives shall include, but not be limited to the following uses provided permission for any of the following activities or uses has been obtained with our third party landowners and their respective entities or organizations which have been included in any third party property owner agreement previously mentioned in this User Agreement; as open space for responsible and sustainable use by the general public for walking, hiking, camping, canoeing, tree planting, installation of carbon neutral energy producing hardware, the sustainable and legally permitted harvesting of edible flora and fauna, organic and sustainable farming, or any other environmentally sustainable and/or carbon neutral use that poses a potential benefit to humankind in general. Further, monies allocated from gross revenue to any current or potential future preservation funds or accounts overseen by the Legacy Land Society may be used for a variety of “greening” activities in the form of grants, sponsorships, or other forms of promoting initiatives designed around carbon sequestration and similar activities purposed around the preservation of land and the promotion of carbon neutral initiatives with the consent of the designated administrator or the simple majority vote of any board of directors as may be constituted from time to time to manage those monies. Examples may include, but are not limited to: tree planting and other carbon sequestration initiatives, land use conversions such as rail trails and environmentally responsible projects meant to better the world for future generations.
Membership offered through the Legacy Land Society afford environmentally responsible individuals and entities to demonstrate their commitment to fighting climate change, preserving land and open space for responsible use by future generations, and the protection of natural habitats for flora and fauna of all varieties. Memberships in the Legacy Land Society provide for discounted rates on the cost of preserving land on an ongoing and continuous basis for the betterment of society as a whole. Memberships do not have any contractual length unless otherwise specifically stated in a contract between the parties. Memberships may be cancelled at any time for any reason unless otherwise specifically stated in a contract between the parties usually, but not limited to commercial contracts under programs offered by the Legacy Land Society’s business oriented greening programs as they are offered and promoted from time to time. Given the nature around the sharing of revenue by the Legacy Land Society with third party land owners, separately held preservation funds, charities, fundraising organizations, affiliates, marketing partners, and other parties; no refunds from any purchase made individually or by automatic payment under a membership arrangement will be made at any time for any reason as distributions to the parties mentioned above may have already been made and the Legacy Land Society will not engage in retracting funds to worthwhile organizations. All sales are final and cannot be refunded. Memberships sold under contracts specifying a particular period of time as negotiated on an individual basis must be honored and cannot be altered as commitments to third party persons, landowners, organizations, and entities my rely on the consistency of these membership contracts. All memberships will be subject to automatic renewal on a monthly basis with charges to all accounts being made on the first day of each calendar month. In the event that the first calendar month falls on a weekend or federal Holiday, charges will be made on the next available business day. Keeping a current method of funding on file with the Legacy Land Society will be the responsibility of the purchaser, donor, sponsor, or contractee.
Commercial Greening: Penalties and loss of privilege
Privacy Rights: Whereas the Legacy Land Society’s website allows for the “naming” of units of land for preservation and said naming rights are specifically designed to honor or recognize those who make purchases either individually or commercially, either as a one time purchase or on an ongoing membership or contractual basis, which allows for these parties to publicly announce their support through a list of purchasers, sponsors, donors, or similar avenue any or all of which may be searchable by the general public at large; all transactions will afford the purchaser, donor, or sponsor the opportunity to keep their purchase, donation, or sponsorship private and anonymous by checking the appropriate box on the website during the purchase process or as may be indicated by any contractual agreement entered into by and between any entity and the Legacy Land Society, LLC. Personal and financial information provided to and/or held by the Legacy Land Society, LLC by any purchaser, sponsor, donor, or other entity will be held in strict confidentiality and will not be leased, sold, shared, or otherwise distributed without the express written consent of all parties involved unless required to do so under federal, state, or local law agency or court provided proper procedures and paperwork are provided to the Legacy Land Society requiring us to release said information.
Affiliates and Fundraisers: The Legacy Land Society may from time to time engage in contracts and/or agreements to work with third party marketing and sales partners and affiliates for the purpose of promoting and growing the sales and preservation of land and open space. Fees, commissions, and other forms of good and valuable consideration can and will be offered to third party marketing affiliates at various rates and utilizing different forms of compensation. Amounts of revenue dedicated to fundraisers and third party marketing partners will vary from time to time and place to place as determined by the Legacy Land Society. Any and all decisions regarding the disposition of revenue generated through the naming, sponsorship, or donation of funds to the Legacy Land Society will be made by the Legacy Land Society as bound by any contractual agreement and all of its decisions are final, non-negotiable, and not open to dispute or argument. Any payments owed or due to third party marketing partners, affiliates, and/or fundraising organizations shall be due on or before the 15th day of the following month in which commissions, distributions, or donations are earned unless other contractual agreements are entered into and signed by both the third party marketing partner or fundraising partner and the Legacy Land Society, LLC. Payments will be made by company check made out to the party mentioned in the third party marketing or fundraising agreement sent through the postal mail unless otherwise agreed to within the scope of their individual contracts and paid in United State Dollars unless otherwise agreed to. All third party marketing partners and fundraising affiliates agree to abide by all applicable laws of their country, state, and local municipality as related to marketing and advertising laws in their respective jurisdictions. Any illegal, misleading, or offensive marketing and sales techniques used to promote the sale, purchase, sponsorship, or donation of the naming rights of any land or fund offered through the Legacy Land Society, LLC or through any of its third party land owners may result in the immediate suspension or termination of the marketing agreement by and between the Legacy Land Society, LLC and any particular third party marketing partner deemed as engaging in any illegal or offensive behavior. Any monies owed to the offending party will be unconditionally forfeit and retained by the Legacy Land Society, LLC. At all times, the Legacy Land Society, LLC will determine what methods and activities of marketing and advertising are deemed offensive and their decision is final and non-negotiable. Examples of offensive marketing and advertising techniques can include, but are not limited to: the sending of spam email, utilizing spam texting, robo-calling or unsolicited telephone marketing, spam posting on social media either through direct posting or utilizing the comments section of any website, using intentionally misleading or untrue language or representations of products and services offered through the Legacy Land Society, LLC, or any other activity deemed abusive or offensive. The Legacy Land Society, LLC reserves the right to refuse third party marketing or fundraising agreements with any individual or entity that it deems questionable, offensive, or illegal in any way and is not required to offer any reasoning or explanation as to why any application may be refused in order for the Legacy Land Society to maintain its image and reputation going forward. Further, all third party marketing partners and affiliates and/or fundraising partners agree to enter into a non-disclosure and non compete agreement (as part of this larger User Agreement) under the following terms. All parties agree to keep the financial particulars, revenue sharing arrangements, and financial details of any partnership in confidentiality as outlined below in this agreement in perpetuity unless they are required to divulge the same information under the authority of any federal, state, or local legal authority including the court system. Any and all third party marketing partners and affiliates and/or fundraising partners further agree not engage in the duplication or copying of the business models, ideas, and proprietary processes used by the Legacy Land Society, LLC for the period of two years after the termination of any contract or agreement for any reason and within a geographic radius of any state in which the Legacy Land Society, LLC holds partnership agreements. Failure to comply with any of the terms stated in this part of the User Agreement may result in exposure to civil claims for damages or criminal charges for illegal behavior performed by any marketing partner or fundraising affiliate made on behalf of the Legacy Land Society, LLC if we feel it is warranted as it pertains to marketing and advertising methods, confidentiality, and the non-compete part of this agreement as outlined above.
Commercial Greening Programs: The Legacy Land Society, LLC may, at its own discretion choose to engage in commercial greening programs whereas businesses of all types that meet our terms in this User Agreement may be offered certificates and possible collateral marketing materials and rights of use for the purpose of demonstrating their environmentally responsible commitment to making the world a better place in exchange for a contractual agreement for a commercial membership with the Legacy Land Society, LLC in which the terms of the agreement shall be individually determined based on the type and size of business involved. If any participant engaged in a commercial greening contract fails to honor its monetary commitment to their contract, the Legacy Land Society, LLC reserves the right to remove any and all marketing materials and/or paraphernalia related to the Legacy Land Society and its greening programs from the premises and the contractee agrees to remove all logos and representations online within 24 hours of the cancellation of the agreement.
Transferability: All rights assumed by any purchaser, sponsor, or donor may not be transferred, or assigned to any other individual or entity without the express written consent of the Legacy Land Society or any of its owners, partners, assigns, heirs, descendants, development designees, independent contractors, third party inventory providers, and representatives for any reason. Individuals or entities for whom any purchaser, sponsor, or donor “names” land may not change the names under which purchases, sponsors, or donors have been dedicated unless required to do so by law. The naming rights that have been purchased, sponsored, or donated will terminate upon the death or termination of the original purchaser, sponsor, of donor as an individual or entity.
Tax Status: The Legacy Land Society, LLC is not a non-profit entity and is not subject to public reporting of financial records including, but not limited to tax filings, bank statements, profit and loss statements, or any other financial information surrounding the funding, operation, promotion, marketing, distributions, and growth of operations on an ongoing basis. Purchases made by individuals are not tax deductible as a donation and should not be considered so. Purchases made under a commercial membership basis can be considered as tax deductible in certain circumstance as a marketing or promotional basis. Please make sure that you consult a qualified financial advisor or licensed certified public accountant before making any purchase or entering into any membership agreement or contract to determine your specific tax status as it pertains to any relationship between any purchaser and the Legacy Land Society, LLC.
Working with third party land owners: From time to time, the Legacy Land Society may engage into third party agreements to further its mission of land preservation through partnership or lease agreements with third party land owners. Third party land owners must agree to all of the terms and conditions of any third party partnership or lease agreement including, but not limited to; land use restrictions, deed restrictions as required, time periods of preservation and non-development, and/or greening projects to be undertaken as included in any partnership or lease agreement in order to fulfill the contractual terms of this User Agreement by and between the Legacy Land Society and any of its purchasers, sponsors, or donors.
Governance and Disputes: This user agreement will be governed by the laws of the Commonwealth of Pennsylvania in all cases unless modified by later editions of this User Agreement as may be made from time to time. Purchasers, sponsors, and/or donors agree to release, indemnify, and hold harmless the Legacy Land Society for any situation regarding the disposition of land marketed under contract through a partnership or lease agreement that is beyond the control of the Legacy Land Society. If third party land owners violate their terms of any contract, the Legacy Land Society reserves the right to switch, move, or otherwise re-name land naming rights that were purchased, sponsored, or donated prior to any third party violation of any partnership or lease agreement at its own discretion. Disputes arising from transactions between any purchaser, sponsor, or donor and the Legacy Land Society will be settled under arbitration or mediation prior to any civil dispute being submitted to any court of law in order to minimize expenses on behalf of both parties and to reach a reasonable and mutually beneficial compromise for all parties involved.
Revisions: Updates and revisions to this User Agreement may be made from time to time as needed for a variety of reasons including, but not limited to changes in federal, state, or local laws and/or regulations; changes in business requirements and processes going forward; and any revisions or changes as suggested by legal counsel in order to remain compliant with all applicable laws and codes governing any jurisdiction in which the Legacy Land Society may engage in business activities from time to time. Any revision or change in terms and conditions of this User Agreement will be posted to the Legacy Land Society’s website and made available to all the parties involved.
By submitting an order form, purchaser agrees to all of the terms and conditions of any sale, donation, or sponsorship as outlined above.
