Company may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the Company Sites suspended or terminated, at Company's discretion.
You must be 13 years of age or older to visit or use any Company Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Company Site under the supervision of a parent, legal guardian, or other responsible adult.
1. Use of Company Content.
Company authorizes You, subject to these Terms, to access and use the Company Sites and the Company Content (as defined below) and to download and print a single copy of the content available on or from the Company Sites solely for Your personal, non-commercial use. The contents of the Company Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Company content (collectively, "Company Content"), are protected under copyright, trademark and other laws. All Company Content is the property of Company or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Company Sites is the exclusive property of Company and is protected by copyright, trademark, and other laws. Unauthorized use of the Company Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Company Content on any authorized copy You make of the Company Content.
Any code that Company creates to generate or display any Company Content or the pages making up any Company Site is also protected by Company's copyright and You may not copy or adapt such code.
You may not use any of the Company Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing Company Content on any Internet, Intranet or Extranet site or incorporating the Company Content in any other database or compilation for any purpose). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
2. Use of the Company Services.
The last will and testament creation application (‚"WillMaker‚") and other features of the Company Sites may be used only by individuals desiring the creation of estate planning documents and services. In addition, the Company Communities may be used by individuals for permitted personal networking purposes. Your use of the Company Services is also subject to any other contracts You may have with Company. In the case of any conflict between these Terms and any contract you have with Company, the terms of your contract will prevail. The term ‚"post‚" as used herein shall mean information that You submit, publish, store or display your personal information on a Company Site.
All Company Users agree to not:
(b) take any action that imposes an unreasonable or disproportionately large load on any Company Site's infrastructure;
(c) use any device to navigate or search any Company Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Company;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any Company Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any Company Site;
(h) aggregate, copy or duplicate in any manner any of the Company Content or information available from any Company Site, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any Company Content or information available from any Company Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
(k) post information or use the website application services as a commercial service;
(l) share with a third party any login credentials to any Company Site;
(m) access data not intended for You or logging into a server or account which You are not authorized to access;
(n) post or submit to any Company Site any incomplete, false or inaccurate information or information which is not Your own;
(o) post content that contains restricted or password-only access pages, or hidden pages or images;
(p) solicit passwords or personally identifiable information from other Users;
(q) delete or alter any material posted by any other person or entity;
(r) harass, incite harassment or advocate harassment of any group, company, or individual;
(s) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(t) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Company Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
(u) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(v) use the Company Services for any unlawful purpose or any illegal activity, or post or submit any content, or posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Company's discretion.
Violations of system or network security may result in civil and/or criminal liability. Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any last will and testament, estate planning documents, or material contained therein created using the applications by You on the Company Sites.
Company reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
3. User Content and Submissions.
If You post User Content in any public area of any Company Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Company Site retains any and all rights that may exist in such User Content. Company may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Company Site. Company reserves the right to expel Users and prevent their further access to the Company Sites and/or use of Company Services for violating the Terms or applicable laws, rules or regulations. Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Company, damage Company's brand or public image, or cause Company to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Company does not represent or guarantee the truthfulness, accuracy, or reliability of WillMaker, any estate planning applications or other applications on Company Sites, or any estate planning services or other services on Company Sites. User Content, derivative works from User Content, or any other communications posted by Users nor does Company endorse any opinions expressed by Users or Company. You acknowledge that any reliance on material posted by other Users and Company will be at Your own risk.
You may not include, in any User Content submitted to Company Communities, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our Company Community Users from commercial advertising or solicitation, Company reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which Company deems appropriate in its sole discretion.
We appreciate hearing from our Users and welcome Your comments regarding our services and the Company Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Company. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
4. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Company Site and is accessible on such Company Site in a way that constitutes copyright or trademark infringement, please contact the Director of Compliance and Fraud Prevention who we have designated as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the Company Sites. You can contact the Director as follows:
Mr. Amit Singh
5. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Company respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Company Sites, You agree not to use any Company Site to infringe the intellectual property rights of others in any way. Company reserves the right to terminate the accounts of any Users, and block access to the Company Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Company reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
6. Company's Liability.
The Company Sites act as, among other things, venues for (i) sharing insight regarding estate planning among users and (ii) a method of sharing information in Your estate planning including the names of those persons listed in any part of estate plans including, but not limited to, Your last will and testament. As a result, Company is not responsible for User Content, the quality, safety or legality of information, names, or advice posted, the truth or accuracy of the listings, the ability of Users, or advertisers on the Company Sites, to offer job advice to You or the ability of Users or advertisers on the Company Sites to provide services of any kind and Company makes no representations about any claims posted on Company Sites or User Content on the Company Sites. While Company reserves the right in its sole discretion to remove User Content, User postings, estate planning documents, last will and testament, or other material from the Company Sites from time to time, Company does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
The Company Sites and the Company Content may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Company Site or the Company Content. The use of all Company Sites and the Company Content is at Your own risk. Changes are periodically made to Company Sites and may be made at any time. Company cannot guarantee and does not promise any specific results from use of any Company Site. No advice or information, whether oral or written, obtained by a User from Company or through or from any Company Site shall create any warranty not expressly stated herein.
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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Company encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Company be liable for the deletion, loss, or unauthorized modification of any User Content.
Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any Company Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 4 above.
If notified of any content or other materials which allegedly do not conform to these Terms, Company may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Company has no liability or responsibility to Users for performance or nonperformance of such activities.
7. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, COMPANY DOES NOT WARRANT THAT ANY COMPANY SITE OR ANY COMPANY SERVICES WILL OPERATE ERROR-FREE OR THAT ANY COMPANY SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY COMPANY SITE OR THE COMPANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE COMPANY SITES AND COMPANY CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE COMPANY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
8. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY COMPANY SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY COMPANY SITE AND THE COMPANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY COMPANY SITE OR YOUR USE OF THE COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
10. Links to Other Sites.
The Company Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Company of the contents on such third-party Web sites. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
11. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Company Site.
You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Company Site, (ii) Your use of any Company Content, or (iii) Your breach of these Terms. Company shall provide notice to You promptly of any such claim, suit, or proceeding.
Company makes no claims or representations that the Company Content may be lawfully viewed or accessed outside of the United States. Access to the Company Content may not be legal by certain persons or in certain countries. If You access any Company Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any Company Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Las Vegas, Nevada. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Company failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Company ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Company Sites, a particular "Legal Notice," or software license or material on particular pages on the Company Sites, these Terms constitute the entire agreement between You and Company with respect to the use of the Company Sites. No changes to these Terms shall be made except by a revised posting on this page.
14. Additional Terms.
15. Term and Termination.
These Terms will remain in full force and effect while You are a User of any Company Site. Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Company Sites and immediate termination of Your registration with or ability to access the Company Sites and/or any other services provided to You by Company, upon any breach by You of these Terms or if Company is unable to verify or authenticate any information You submit to a Company Site registration. Even after You are no longer a User of the Company Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 9 through 14, inclusive.
Company, as used throughout this Agreement, means Freelawyer LLC,a Nevada Limited-Liability Company and its successors and/or assigns, whose offices are located at 711 South Carson Street, Suite #4, Carson City, Nevada 89701.