Effective August 20, 2014
Our terms and conditions (“Terms”) are really important. These Terms govern your use of the www.familyarchivalsolutions.com and www.nationalwillregistry.com websites (the "Sites") and the services provided by each (collectively, the “Services”) . The Sites and Services are provided to you, our customer or visitor (“you”) by Family Archival Solutions, Inc., a Nevada corporation (“we” “us” “our” “Services” or “Family Archival”). These Terms constitute a binding legal contract between you and us. By using the Services, you accept these terms.
The Internet is an evolving medium. If we need to change these Terms at some point in the future, we’ll notify you about significant changes in these Terms by sending an email to the address registered in your account, or by placing a prominent notice on our Sites, so that you can choose whether to continue using our Site. By continuing to use the Sites after we post or notify you of any such changes, you accept the Terms as modified.
We reserve the right to deny access to the Sites, or any of the Services provided by or through the Sites, to anyone who violates these Terms or who, in our judgment, interferes with the ability of others to enjoy the Sites, or infringes the rights of others.
These Terms contain an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see below under “AGREEMENT TO ARBITRATE”) by the later of January 10, 2014 or 30 days after the date you accept these Terms for the first time. Unless you opt out: (1) you will only be permitted to pursue claims against Family Archival on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Our Services are for your personal, non-commercial use, and is a tool designed to assist you in personal record keeping, as well as a part of your estate plan for the administration of your estate. We are constantly working to enhance our product and service offerings and our Services will continue to be modified over time.
INTELLECTUAL PROPERTY RIGHTS
Access to Content by You
The content available through the Site (“Content”) and the trademarks, service marks and logos contained therein is our property, or the property of our affiliates or licensors, and is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. You may use the Sites, Services and Content for your personal, non-commercial use only if you keep intact all copyright and other proprietary notices. You may not otherwise reproduce or distribute (including by email or other electronic means) any of the Content without the prior written consent of an authorized representative of us. Of course, you’re free to encourage others to access the Content themselves on our Site and to tell them how to find it. Additionally, you may establish a hypertext link to this Sites so long as the link does not state or imply any sponsorship of or affiliation with your site by us.
Your License to Us
By submitting material to us, you are representing that you are the owner of the material, or you are making your submission with the express consent of the owner. In order to provide the Services, you grant us a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt and otherwise work with such material as we see fit in any medium and for any purpose. You understand that as a personal information and recording system, once material is posted, it may be logged and recorded, and retained even after it has been deleted from your personal records. You understand that we may retain, but not provide, server copies of material submitted to us that has otherwise been deleted or removed.
Family Archival Solutions, Inc., National Will Registry, Legacy Lookout, Legacy Planner 360 and the slogan “We Save Your Life” are registered names, trademarks and logos of Family Archival Solutions, Inc. You agree that these assets and all such intellectual property is the property of Family Archival Solutions, Inc. You agree that without written permission, you will not to display or use the intellectual property of Family Archival Solutions, Inc. Nothing in our Services shall be construed as granting any right or license, directly or by implication, estoppel or otherwise, to use such intellectual property or to use the intellectual property of any third party.
You agree to be financially responsible for all transactions made by you or someone acting on your behalf through the Site. Except as otherwise provided herein, you agree to use the Site and Services, as accessed by you, through the Site for legitimate, non-commercial purposes only. Except as otherwise provided herein, you agree to only access Services for yourself or for another person for whom you are legally permitted to do so. Except as otherwise provided herein, when transacting on behalf of a third party that requires you to submit the third party’s personal information to us or to a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
You understand that all information, data, graphics, video, notations or other materials, including personal information, financial institution information, account numbers or identifiers, or other material (“Personal Information”), are the sole responsibility of the owner of the account. That means that you, not us, are responsible for all content that you post, upload, transmit or make available through the Services. We do not control your content, validate, monitor or review Personal Information, and accordingly do not confirm, verify or guarantee the accuracy, integrity or quality of your Personal Information.
We disclaim any and all liability in connection with your Personal Information and you agree that under no circumstances will you, your heirs, beneficiaries or designees (or any other parties) seek to hold us liable in any way for your Personal Information, including but not limited to, for errors or omissions, any loss or damage of any kind as the result of Personal Information posted, transmitted or made available through or by the Services.
You understand that we do not screen or review Personal Information, provided however, that we do reserve the right to review any account, Personal Information or other content at any time and at our sole discretion. In particular, we may review or access Personal Information at your request, as part of our efforts in the development of our Services, and develop secure systems or improved data integrity, and to review for compliance with our standards, these Terms and as other information/circumstances warrant.
To use certain features of the Site, you will need a user ID and password, which can be created through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all actions taken (whether taken by you or by other authorized users of your account) by users of your password or account. IF YOU DISCLOSE YOUR PASSWORD TO ANYONE OR SHARE YOUR ACCOUNT AND/OR DEVICES WITH OTHER PEOPLE, YOU TAKE FULL RESPONSIBILITY FOR THEIR ACTIONS.
Our Services are provided to our customers only. Our customers are tiered; some with profiles at a basic/free level, and others at paid status. In general, our customers maintain a lifetime relationship with us although there may be account features that require additional one-time or subscription charges.
You understand that we hope that you utilize our Services to improve efficient estate administration and to accomplish your goals in a way that you would not otherwise be able to accomplish that you will not rely upon the Services for the purpose of your estate planning. The Services are intended as an adjunct to an effective plan and sound documentation.
You understand that the effective use of our Services requires that you maintain updated Personal Information so that we can verify your account when we receive a request from your authorized person(s), estate or other requesting party. You agree to maintain an updated e-mail address on file so that we may contact you in accordance with our e-mail communications policy, and to assist in verifications.
We have carefully analyzed and taken measures to provide our Services in a secure manner carefully tailored to the goals of our customers. It is our goal that a data breach, or the compromising of your Personal Information, even with the improper use by one of your authorized persons, will not itself provide sufficient information to permit effective identity theft. For instance, we do not maintain complete birthdates or social security numbers, and utilize partial matches as validation tools. Our knowledge of financial institutions and the manner in which they work in the event of estate administration permits us to limit the amount of information provided so that we can seek to improve, rather than detract from, the administration process of your estate. In other words, we provide the information we believe your representative(s) need to effectively identify, marshal, protect and preserve your assets, without providing sufficient information for a party accessing your information, including your representative(s), to improperly access an account or otherwise masquerade as you. Nevertheless, there can be no assurance that improper activity or identity theft may not occur and you agree to hold us harmless for the improper acts of others.
Where possible, users of public or shared devices should log out at the completion of each visit. If you fail to log out, subsequent users may access the Family Archival Services through your account and may be able to access certain of your account information. You should change your password periodically. Your right to use the Services is personal to you, and you are entirely responsible for any and all activities which occur under your account, whether authorized or unauthorized.
If you find that you’re a victim of identity theft and it involves a Family Archival account, you agree to notify us immediately. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Family Archival website and not through a hyperlink in an email or any other electronic communication, even if it looks official.
We reserve the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. We are not obligated to credit or discount a membership for holds placed on the account by either a representative of us or by our automated processes.
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We disclaim any liability for loss or damage caused by or related to your failure to protect your password or account information.
We maintain strict privacy controls and shall not be held liable to third parties, including your authorized persons, estate, estate administrators or beneficiaries. We may refuse information requests at any time and for any reason if we are unable to verify the identity of your authorized persons, a triggering occurrence or other requesting parties or circumstances (based on criterion that you and they provide). In the event that we believe in our sole discretion that there may be an improper, inappropriate or fraudulent request, we may flag your account and modify our verification requirements to attempt to resolve our concerns and prevent fraud, improper or unauthorized account access. We may charge additional fees as set forth herein for requests or inquiries made on your estate if such inquiry or request is placed by an individual (including the estate administrator) if such individual is not indicated to be an authorized person on your account, if there is a problem verifying the requesting individual or the relationship to your account, or in cases of potential fraud, improper or unauthorized access.
Access Codes and Authorized Persons.
You recognize that the nature of our Services requires that others need to be provided access to your Personal Information. Sharing your password, however, does subject your account to significant risks, including the risk of modification of information, or the revealing of special wishes that you would not wish to be revealed except to certain individuals upon triggering events (such as personal notes to certain individuals in the event of your death). We have designed our Services to permit limited access without exposing your Personal Information in an unfiltered capacity.
We provide all customers with an access code that offers limited access to information in a form which is designed to avoid exposure of your Personal Information in an unfiltered capacity. We do provide limited identification services to log the identity of access by access code, and you are solely responsible for access provided through the use of your access code. Apart from the information we collect to seek to provide basic logging of the use of an access code, we do not provide any verification or security services in connection with the use of an access code. Accordingly, sharing an access code has inherent risks, particularly in the event that you determine that a person in possession of an access code should no longer be provided reports related to your account.
For access through the more secured channels we offer, we strongly recommend the assignment of authorized persons through our standard (non-basic)_account tier. For requests entered into through our claims (non access-code) process, we provide security and validation procedures to seek to ensure the validity of the triggering/disclosure event, identity of the requesting individual, etc. For access to third parties other than via access code or by named authorized persons, including access by your estate, court order, subpoena, and so forth, we will comply with official and validated requests and you hereby authorize us to charge an administration fee calculated so that we may retain professional assistance to comply with such official or non-standard requests.
Guardians, Custodians and Powers of Attorney.
Legal appointments, such as by executors, administrators, personal representatives, guardians, custodians, powers of attorneys, attorneys in fact and at law and so forth raise particularly complex problems for our Services since the appointee/representative may be otherwise permitted to act and modify your personal and special requests by right of law as if they are acting entirely in your stead, modifying your account and wishes in any manner. This can be particularly sensitive with regard to special wishes, which are kept strictly confidential and for which access to others would otherwise be entirely denied.
Accordingly, by this agreement, which you hereby make with us upon the opening of your account, and instruct us to be irrevocable, you hereby instruct Family Archival Solutions, Inc. that in the event of your actual, legal or alleged disability, and/or any court appointment as to a guardian, conservator or any similar position, or the inquiry by a power of attorney, to immediately freeze your account, and to limit account access to read-only access or generated reports to the extent consistent with policies and procedures of Family Archival Solutions, and to freeze and seal, and no longer reveal to any other party, including yourself or any person acting on your behalf, any special wishes pending a triggering event. In the event that you contact us directly as principal with demonstrated capacity, we will again permit your account to be modified and special wishes unsealed and able to be modified. In other words, in the event that you become disabled, you have instructed us to no longer permit your account to be changed (although we do disclose information if you requested to your power of attorney to assist him or her in assisting you). In addition, you have instructed us to seal your special wishes from view by any party, including your power of attorney.
Without modifying or otherwise limiting the indemnification provisions below, you agree on your behalf and on behalf of your estate, heirs, agents, representatives, executors and all other parties, to indemnify us for any costs incurred in protecting your Personal Information in accordance with the terms of this paragraph or the Terms.
PRICING AND BILLING
You understand and agree that Family Archival Solutions has established bandwidth expectations and estimations of the amount of physical and digital documentation which comprise typical estate and related documentation and places firm limitations on the amount of documentation it will retain as part of the one-time fee. Exceptions to limitations may incur additional fees. While we anticipate the cost to deliver our Services to decrease over time, in the event that costs do increase, additional charges may apply.
Family Archival Solutions has also placed limitations on Special Wishes for designated tiers such that expectations of average usage are included in the one-time fee. Limitations on physical mailings and video uploads have been established (e.g., three physical letters and three videos at webcam bandwidth are permitted). Amounts in excess of these limitations may be refused or require additional charges.
Physical documentation is intended to be stored throughout the duration of the relationship. Non trigger event requests for the return of documentation will require additional fees to cover recovery from the secure facility, delivery and postage charges. In general, additional charges are as follows:
Access Code Claim: No Charge
Authorized Person Claim: No Charge
Special Claim (executor, power of attorney, etc.): $90 (for standard validation and processing)
Return of Physical Documents: $75 (for processing, handling and shipping)
Court Affidavits (free for Concierge Clients): $145
Special Servicing, Testimony and Validation Requirements: $150/hour
Video delivery is intended to be electronic and private/personal. There are no charges for electronic delivery, but will be charges for DVD/Blu Ray mastering and postage.
Requests for information are intended to be limited to the account holder, access code holders and designated authorized persons. Requests from individuals outside of these categories will incur a charge to cover security and validation requirements and time expenditure requirements. These requests are considered non-ordinary course.
By starting your Family Archival account, you are expressly agreeing that we are authorized to charge you a one-time fee at the then current rate to the payment method you provided during registration (or to a different payment method if you change your account information) (“Payment Method”). Please note that prices and charges are subject to change with 30 days written notice provided by email to the address associated with your account. As used in these Terms of Service, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. All fees are fully earned upon payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS OF ANY KIND. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information on the www.familyarchivalsolutions.com payments page. If your Payment Method is a credit card, and your credit card reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Free Trial Offers and Accounts
Family Archival may offer limited-time free trial accounts to certain you from time-to-time. Users who sign up for Services on a free trial basis may have limited access to such Services or other features of the Site. If you do not want to have continued access to the Services after the expiration of the free trial period, you must cancel your account within thirty (30) days of being charged the registration fee for the Services. Upon cancellation, your credit card will be refunded for the amount you were charged, if any, so long as you have not used or accessed the Services following the expiration of the free trial period.
You may cancel your account at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY CANCELLATIONS. To cancel, send an email indicating your desire to cancel your account to firstname.lastname@example.org.
These Terms shall remain in full force and effect while you use the Site or any Family Archival asset, or otherwise maintain an account with us. You may terminate your use or participation at any time, for any reason, by following the instructions for cancelling user accounts (See “Cancellation” above). WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND ITS CONTENT, TO ANY PERSON OR ENTITY FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR LACK OF USE, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, VIOLATION OF THE SPIRIT OF THESE TERMS OF SERVICE, OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR ACCOUNT AND USE OF THE SITE, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION AND WITHOUT LIABILITY TO YOU OR ANY THIRD PARTY. YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
MODIFICATIONS TO THE SITE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
The Site may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods or services available on or through any such site or resource.
You may not access or use the Site or its Content for any purpose other than those for which we make it available.
It is a condition of your use of the Site that you do not:
- Frame any of the Content or Services, or incorporate any Content or Services into another website or other service, without our prior written consent;
- Act as an agent, affiliate or representative of us;
- Use the Services for any commercial purpose other than for that which the Services are intended. Prohibited purposes include;
- Sale of access to the Services on another site;
- Access, monitor or copy any content or information using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Take any action that imposes or may impose what we believe to be an unreasonable or disproportionate burden on our infrastructure;
- Restrict or inhibit any other user from using and enjoying the service;
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;
- Use the Site to instigate or encourage others to commit illegal activities or cause injury to any person or damage to property;
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Use the Site to post or transmit or store any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- Use the Site to copy, post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or violation of publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
- Except as otherwise provided herein, use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written consent; or,
- Gather or collect personal data about, or the email addresses of, other Site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email.
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform us by sending written notice by e-mail at email@example.com or U.S. Mail to Family Archival Solutions, Inc., Attn: Legal Department, PO Box 1461, Manhattan Beach, CA 90267. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms or on the Site.
DIGITAL AND PHYSICAL DOCUMENTATION
The Services we offer include the ability to receive and retain digital documents. Our customer accounts include sufficient storage space for the average number of documents saved utilizing customary file sizes. The Services are not a cloud drive but more aptly intended for highly secure limited access document production. Large file sizes and/or a significant number of documents may exceed your account allocation and may require an additional fee. Please see the pricing information for information on your account limitation.
Your account may also be capable of the receipt and storage of physical documents. We utilize highly secure storage facilities for this purpose; provided however, that you understand and agree that we are not responsible or liable in any way for your documents until such time as they are received in our secure storage facility. Our liability is limited to the liability provided from the storage facility. You hereby understand and completely agree that Family Archival Solutions, Inc. is in no way liable and shall not be alleged to be liable for damages to physical documentation caused negligently, willfully or in any other capacity by any third party, or in transit regardless of the means. You further agree that Family Archival Solutions, Inc. shall not be alleged to be liable or responsible for any damages, losses, costs, expenses and otherwise absent willful misconduct.
We allocate space on a per account basis in excess of the typical amount of usage for the average collection of estate documents. In the event that you exceed the allocated shelf space, as indicated in the pricing table, limitations or additional fees may apply. Please see the pricing information on your account limitation and additional pricing.
We provide your physical and digital documents to you upon your request and to authorized persons upon triggering circumstances. These provisions are intended to be limited to required circumstances or occasional document revisions only. There will be additional fees in the event that we are returning your documents to you. Please see the pricing schedule for additional information.
You understand and agree that we do not control or oversee the document transit, and encourage you to utilize tracking numbers, reputable carriers and other appropriate safeguards.
PROACTIVE ACCOUNT SERVICING AND PREMIUM SERVICES
In general, our Services are passive, waiting for a request or instructions from you or from your authorized persons. We do require triggering events prior to permitting access by authorized persons as well as for the satisfaction of your special wishes. If we do not receive notice, you understand that we may not be able to fulfill your wishes. As indicated previously, absent notice, you understand that we may remain in possession of digital and physical documentation beyond the time period which is intended.
We maintain a premium function at a senior tier which provides a proactive involvement in your affairs to monitor and assist in the determination of triggering events. In the event that we identify a triggering event, whether by direct contact with you, your estate or other authorized persons, or via other public means such as obituaries, court documents and so forth, we will take measures at your instruction to ensure that digital and physical documents are delivered and, if necessary, submitted to the applicable court.
Nevertheless, despite our efforts, there is no assurance that we will be positioned to receive the information necessary or identify the applicable probate court which is addressing matters related to the administration of your estate.
COMMUNICATION AND EMAIL AGREEMENT
You understand and agree that by entering into a customer relationship with us that you are entering into a relationship pursuant to which our Services and the accompanying transaction requires periodic and ongoing electronic communication through the life of the account. You hereby consent to ongoing email communication with regard to your account status, triggering events and periodic reminders, and as a part of that information communication understand that we may remind you of features which you may or may not elect to utilize. You understand that some of these features may have an additional cost associated.
You understand and agree further that certain circumstances and/or account types may require other forms of communication, including via postal service or telephonic, and in that event, request and hereby consent to our contact through any means necessary.
HYPERLINKS AND REFERRALS
We do our best to provide referrals and links to valuable third party services. Nevertheless, we have no control over such websites and resources and you acknowledge that we are not responsible for the availability of such websites or third parties, or the quality of their services. We do not specifically endorse and are not responsible or liable for any content, advertising, products or materials available from such websites or resources. We disclaim all liability for losses or damages arising out of your communications or dealings with third party businesses, advertisers, other customers and other entities and individuals, although we reserve the right to monitor disputes involving our customers, referrals, vendors, and other third parties.
NO LEGAL OR ACCOUNTING ADVICE
You agree that the Services are intended to assist in the administration of estates, among other things, as well as in the provision of special services not otherwise available. We are not the primary means for estate planning or administration and work solely at the direction of you and your designees or claimants. You agree that we are seeking to provide assistance and that we are not liable for failures associated with storage or the maintenance of settings, communications, or other Personal Information. You understand that the use of the Site and our Services is not intended to be a replacement for any estate planning decisions or actions, and does not constitute the transfer of title, instructions for the transfer of assets or title, transfers on death or any other instruction that requires action separate from the Services.
You understand and agree that the inventory tools and options you elect are self-help in nature, and that we are not providing any legal, accounting, administrative or estate-related advice. You understand that estate planning and administration is complicated and that we strongly recommend that you retain professional counsel to assist in these endeavors. THIS SITE DOES NOT OFFER LEGAL ADVICE AND IS NOT A SOLICITATION TO PROVIDE LEGAL SERVICES.
YOU, ON YOUR BEHALF AND ON BEHALF OF YOUR ESTATE, PERSONAL ADMINISTRATOR, EXECUTOR, REPRESENTATIVE(S), GUARDIAN(S), CUSTODIAN(S), HEIRS AND AUTHORIZED PERSONS, AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR OWNERS, DIRECTORS, OFFICERS, MANAGERS, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, VENDORS AND OTHER PARTNERS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY CLAIM FOR ATTORNEYS’ FEES OR COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE SERVICES, PERSONAL INFORMATION, PROCESSING OF REQUESTS AND SPECIAL WISHES, YOUR VIOLATION OF THE TERMS, ANY TRADEMARK OR COPYRIGHT INFRINGEMENT, AND THE ACTIONS OF YOUR BENEFICIARIES, AUTHORIZED PERSONS, EXECUTORS, PERSONAL REPRESENTATIVES, GUARDIANS, CUSTODIANS, POWERS OF ATTORNEYS. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICES.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND OUR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON THE SITE, OUR E-MAILS, OTHER ELECTRONIC COMMUNICATIONS, OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) LOSS OR DAMAGE OF ANY KIND RESULTING FROM ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING WITHOUT LIMITATION USER INFORMATION, DATA, OR SUBMISSIONS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS AND USE, OUR SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY CORRUPTION OR LOSS OF DATA TRANSMITTED TO OR FROM THE SITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY TRANSACTION FOR A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS, THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, ISSUES WITH YOUR ESTATE AND ESTATE PLANNING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) US$100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS, THIRD PARTY PROVIDERS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU AGREE THAT ANY ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
We shall not be responsible for the performance of our Services in the event of an occurrence beyond our control. Without limiting the generality of the foregoing, force majeure occurrences shall include: acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, acts of foreign combatants, terrorists acts, military or other usurped political power or confiscation, nationalization, government sanction or embargo, labor disputes of third parties to this contract, or the prolonged failure of electricity or other vital utility service.
AGREEMENT TO ARBITRATE
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND FAMILY ARCHIVAL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FAMILY ARCHIVAL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
Pre-Arbitration Dispute Resolution
Family Archival is interested in resolving disputes amicably. So before you commence arbitration, please contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at firstname.lastname@example.org or at Family Archival Solutions, Inc. Attn: Legal Department, PO Box 1461, Manhattan Beach, CA 90267.
Arbitration will be conducted by a neutral arbitrator in accordance with the JAMS ADR (“JAMS”) rules and procedures, including the JAMS’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on the JAMS, please visit its website, http://www.adr.org. Information about the JAMS’s Rules and fees for consumer disputes can be found at the JAMS’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence arbitration against Family Archival, you must complete a short form, submit it to the JAMS, and send a copy to Family Archival Solutions, Inc. Attn: Legal Department, PO Box 1461, Manhattan Beach, CA 90267. For more information, see the JAMS’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Family Archival may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Family Archival subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you or Family Archival, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS’s Rules, unless otherwise provided in this Agreement to Arbitrate. Each party will be responsible for all fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Family Archival all fees associated with the arbitration paid by Family Archival on your behalf that you otherwise would be obligated to pay under the JAMS’s rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and Family Archival agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Family Archival prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Family Archival prior to the effective date of removal.
We have the right, but not the obligation, to strictly enforce the Terms through self-help, moderation, investigation, litigation and prosecution. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
GOVERNING LAW AND JURISDICTION
These Terms, and any dispute between you and Family Archival, shall be governed by the laws of the State of California, without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Family Archival must be resolved exclusively by a state or federal court located in the Los Angeles County, State of California. You and Family Archival agree to submit to the personal jurisdiction of the courts located within such county and state for the purpose of litigating all such claims or disputes.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of the agreement between you and us, shall be deemed to survive for as long as necessary to fulfill such purposes. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
Please report any violations of these Terms to Family Archival Solutions, Inc., PO Box 1461, Manhattan Beach, CA 90267or via e-mail to email@example.com.
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