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Estate++User Agreement effective 08/19/2008   PDF Version

The following User Agreement ("Agreement") governs the use of Estate++ . Please read the rules contained in this Agreement carefully. You can access this Agreement at any time by clicking on "User Agreement" at the bottom of every page of this Site. If you cannot agree with these rules, please do not use this Site.

These terms may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the Site by you will constitute your acceptance of any changes or revisions to the Agreement.

Membership Restrictions
By subscribing to Estate++, you become a "Member" of "Estate++". Subscriptions include paid services and services offered on a free trial promotional basis. If you subscribe to Estate++ on behalf of an employer, then that employer is also considered to be a Member. If you are granted shared access (as a Read-Only user or Upload user) by a member then you are also considered to be a member. Estate++ offers these services to you, the Member, conditioned on your agreement to adhere to the following User Agreement without modification of any kind. For this User Agreement the term "Leased Software" is defined as any software created by Vaulting Systems International used as part of a member subscription to Estate++ .

The Member agrees that it shall not, without the express written consent of Estate++:

Your membership only allows you to use our services subject to the express limitations and restrictions provided for in this User Agreement.The Membership Restrictions and Proprietary Rights described herein survive any termination of this User Agreement and/or Member's Membership.

Terms Of Service
The term of your membership is based upon the agreed upon term and shall automatically renew for indefinite successive renewal terms for the same period as the initial term unless terminated by you or Estate++. However, if you accept a special introductory promotional offer for a membership, then at the conclusion of the specific initial term of the special introductory promotional offer term, the membership shall automatically renew for indefinite successive renewal terms at the then prevailing regular published rate at time of renewal until terminated in accordance with the provisions of this User Agreement. If you register for a free trial, the initial term begins at the end of the free trial period, unless you cancel within the free trial period.

Termination Of Service
Estate++ reserves the right to cancel services to any Member at any time. You may cancel your subscriptions at any time. All fees due to Estate++ up to the end of the then current term billing cycle at time of termination shall remain payable to Estate++ unless otherwise specifically provided otherwise to you in a related specific promotional offer.

You may terminate the membership contract by one of following ways:

Use Of Passwords And Challenge Questions/Answers
Your right to use this membership is personal to you and only you. You may not authorize others to use your membership, and you are responsible for all use by you and those you allow to use the site, including Read-Only users that you create. You may not sub-license, transfer, sell or assign this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

You will be solely responsible for maintaining the confidentiality of your password and challenge questions/answers. You are solely responsible for all usage or activity on your membership including, but not limited to, use of the membership by any person who uses your login ID and password.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password or any sensitive personal information stored on the Site), you must promptly change your password and notify us of the problem by contacting us.

Use Of The Site By You
This membership is not intended for users under the age of 18 and we do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us. Any information submitted by such users will not knowingly be used, posted or retained by us.

You may not place on the Site any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Site only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil and criminal liability.

You are responsible for ensuring that any material you provide to the Site, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party of is posted with the permission of the owner(s) of such rights.

Material on the Site is for your personal use only. The Site contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Site, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Site.

You agree not to disrupt, modify or interfere with the Site, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others' use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site.

Other than connecting to our Service Provider's servers by https requests using a Web browser, you may not attempt to gain access to our Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.

You acknowledge that our Service Provider has not reviewed and does not endorse the content of all sites linked to/from the Site and is not responsible for the content or actions of any other sites linked to/from the Site. Your linking to any service or site is at your sole risk.

Use Of Material Supplied By You
For information regarding use of the material and information you supply or communicate with the Site, please see our Privacy Policy.

Under no circumstances will we use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any of your data (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose unless authorized to do so.

As soon as we are notified of your death or incapacity your account will be locked. Your data can no longer be changed in any way.

Upon your request, Estate++ can also release information to trusted parties in case of your death or incapacity. Please read our Information Release Policy to find out more.

You are responsible for changes to your information or to the revocation or replacement of your legal document(s). By using our service to store your legal documents, you acknowledge that copies stored are valid copies of the original legal documents. You understand that Estate++ and Vaulting Systems International do not provide medical or legal advice, and that you may cancel this service at any time.

No Medical Advice
The Estate++ website is not intended to be a substitute for professional medical advice. Do not use information from the website to diagnose or treat a health condition or disease without consulting a qualified health care provider. Content on the website is not intended to be instructional for medical advice, diagnosis or treatment. The Content should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual or as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly.

No Legal Advice
The materials on the publicly available sections of the Estate++ website are for illustrative purposes only. Neither the entire website, nor any portions thereof are intended to serve as legal advice regarding any particular situation. Competent professional counsel should be consulted for any legal planning and advice. Each state's laws may include separate requirements for wills, trusts, advance directives, powers of attorney, and any other legal documents. Each page on this website is included with the understanding and agreement that neither the authors of same, nor employees of Vaulting Systems International are engaged in rendering legal services. If legal or other expert assistance is required, the services of a competent professional should be sought. The user assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use or reliance of any information found on the Estate++ website.

Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against registrants who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Vaulting Systems International by providing us with the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below.

For communications on other matters, please contact us.

Indemnification
You agree to indemnify us and our affiliates, employees, agents and representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Site, or from your breach of this Agreement, or from any such acts through your use of the Site.

Editing and Deletions
We reserve the right, but undertake no duty, to review, edit, move, or delete any material provided for display or placed on the Site without notice.

Additional Rules
We reserve the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, Such additional rules will be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes you agreement to comply with these additional rules.

Consequences Of Non-Compliance With User Agreement
At any time that Vaulting Systems International believes, in its sole discretion, that the you have violated any term, condition, restriction, permitted use or limitation provided in this User Agreement, Vaulting Systems International may immediately terminate the your membership and you agree that your sole remedy for such termination of your membership shall be to receive a pro-rata refund of the membership fee paid by you for the remaining days of the then current term of prepaid fees. Nothing stated herein shall limit Vaulting Systems International’s right to pursue all claims and causes of action it may have against you for violating this User Agreement including, but not limited to, monetary damages, injunctive relief, attorney’s fees and court costs.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THIS SERVICE AND ITS SITE AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS", AND ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. WE, OUR AFFILIATES AND OUR THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED OR STORED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE.

WE, OUR AFFILIATES AND OUR THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "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".

Termination Of Membership
Your failure to adhere to the terms specified in this User Agreement, including non-payment of services, may result in suspension or termination of your membership, including access to the Site, without notice.

We reserve the right to charge a fee for reactivation of your membership, including site access. This includes any and all situations where service was terminated either voluntarily or involuntarily.

We reserve the right to delete any of your data 30 days following the suspension or termination of your site access.

Jurisdiction
We make no representation that materials on the Site are appropriate, available or legal in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of North Carolina applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Charlotte, North Carolina. In addition, you agree to submit to the personal jurisdiction and venue of such courts.

We shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including, but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.

If you don't agree to the terms contained in this User Agreement, please exit this site immediately.

Estate++ User Agreement effective 08/19/2008