terms of service
TERMS OF SERVICE
Thank you for signing up for an account with Estates Made Easy (“Estates Made Easy”, “we” or “us”). By placing an order, clicking to accept this Agreement, or using or accessing any Estates Made Easy Service or related services, you agree to all the terms and conditions of this Terms of Service Agreement (“Agreement”). If you are using an Estates Made Easy Service or related services on behalf of a company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to this Agreement. You represent and warrant that you have the legal power and authority to enter into this Agreement and that, if the Customer is an entity, this Agreement and each Order Form is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement. Please note that we may modify this Agreement as further described in the amendments section below, so you should make sure to check this page from time to time. This Agreement includes any Order Forms and Service-Specific Terms (as defined below) as well as any policies or exhibits linked to or referenced herein. This Service is provided by MDH Services, LLC dba Estates Made Easy.
This Agreement is effective as of January 1, 2020.
1. OVERVIEW OF THE ESTATES MADE EASY PLATFORM
Estates Made Easy is a legal document preparation website. Recognizing the tremendous need for affordable and accessible estate planning resources, we have leveraged technology and legal insights to bring state-specific wills, trusts, and other wealth preservation documents to your finger tips. Wealth preservation and protection are not just for the wealthy. Whether you want to build your legacy using our quick and easy questionnaire and forms or you prefer to work with a member of our attorney network, we have the resources and tools to make the process simple.
Disclaimer::Disclaimer: Estates Made Easy is not a law firm. Accordingly, we do not provide legal advice, consultations, or recommendations. Any communications between you and Estates Made Easy are not shielded from discovery by the attorney-client privilege or as attorney work product. All documents and information made available on this site are for educational and self-help purposes only. Your access to the website is subject to our Terms of Use..
Estates Made Easy is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.
BY PLACING AN ORDER OR ACCEPTING SERVICES FROM ESTATES MADE EASY YOU ACKNOWLEDGE AND AGREE THAT THE ESTATES MADE EASY REVIEW, IF ANY, OF YOUR ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. YOU MUST READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT, WHERE APPLICABLE. BY SIGNING YOU AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
2. DEFINITIONS
2.1 “Add-On”means integrations, applications, and other add-ons that are used with the Estates MadeEasy Service.
2.2 “Affiliate” means any entity which is controlled by, in control of, or is under common control witha party to this Agreement, where “control” means either the power to direct the management or affairs of the entity or ownership of 50% or more of the voting securities of the entity.
2.3 “Aggregate/Anonymous Data” means: (i) data generated by aggregating Customer Data with other data so that results are non-personally identifiable with respect to Customer or its Visitors; and (ii) learnings, logs, and data regarding use of the Estates Made Easy Service.
2.4 “Authorized Users” means Customer’s agents, employees and contractors (who are acting for Customer’s benefit and on its behalf as authorized and directed by Customer.
2.5 “Confidential Information” means documents, data, code, inventions, know-how, product plans, inventions, and technical and financial information exchanged under this Agreement, that is identified as confidential at the time of disclosure or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed
2.6 “Customer Data” means: (i) Documents; (ii) Submitted Data; (iii) Visitor Data; and (iv) any other Customer Data submitted by Customer to Estates Made Easy in connection with Customer’s use of the Estates Made Easy Service.
2.7 “Documentation” means the end user technical documentation created by Estates Made Easy and provided with the Estates Made Easy Service.
2.8 “Estates Made Easy Service”means the specific proprietary platform, forms, or software-as-a-service product(s) of Estates Made Easy specified in Customer’s Order Form, including any related Documentation, and excluding any Third-Party Products.
2.9 “Estates Made Easy Technology”means the Estates Made Easy Service, any and all related or underlying documentation, technology, code, know-how, logos and templates (including in any reports or output obtained from the Estates Made Easy Service), anything delivered as part of support or other services, and any updates, modifications or derivative works of any of the foregoing, including as may incorporate any feedback.
2.10 “Order Form” means any Estates Made Easy ordering documentation or online sign-up or subscription flow that references this Agreement.
2.11 “Regulated Data”means: (i) any personally identifiable information (other than personal information about Authorized Users); (ii) any patient, medical, or other protected or regulated health information; or (iii) any government IDs, financial information (including bank account or payment card numbers), or any other information subject to regulation or protection under specific laws or regulations.
2.12 “Scope of Use” means the usage limits or other scope of use descriptions for the Estates Made Easy Service included in the applicable Order Form (including descriptions of packages and features) or Documentation. These include any numerical limits on Visitors or Authorized Users, descriptions of product feature levels, and names or numerical limits for Customer Properties.
2.13 “Service-Specific Terms” means the additional or different terms and conditions (if any) specific to an Estates Made Easy Service or other Estates Made Easy products, features, services or subscription plans.
2.14 “Submitted Data” means data uploaded, inputted or otherwise submitted by Customer to the Estates Made Easy Service, including Third-Party Content.
2.15 “Subscription Term” means the initial term for the subscription to the applicable Estates Made Easy Service, if any, as specified on Customer’s Order Form(s), and each subsequent renewal term (if any).
2.16 “Third-Party Content” means content, data or other materials that Customer provides to the Estates Made Easy Service from its third-party data providers, including through Add-Ons used by Customer.
2.17 “Third-Party Product” means any applications, integrations, software, code, online services, systems, other products, and Add-Ons not developed by Estates Made Easy.
2.18 “Virus” means a virus, Trojan horse, or worm that is designed to harm, disrupt or interfere with computers, software or hardware and detectable using commercially reasonable procedures.
2.19 “Visitor” means any visitor to the Estates made Easy website.
2.20 “Visitor Data” means the data concerning the characteristics and activities of Visitors collected by the Estates Made Easy Service, including any data specified in the Service-Specific Terms.
Other terms are defined in other Sections of this Agreement or in the relevant Service-Specific Terms, policies, or Exhibits
3. ACCOUNT REGISTRATION AND USE.
Customer and its Authorized Users may need to register for an Estates Made Easy account in order to place orders or to access or receive an Estates Made Easy Service. Account information must be accurate, current, and complete, and will be governed by Estates Made Easy’s Privacy Policy. Customer agrees to keep this information up-to-date so that Estates Made Easy may send notices, statements, and other information by email or through Customer’s account. Customer must ensure that any user IDs, passwords, and other access credentials for the Estates Made Easy Service are kept strictly confidential and not shared with any unauthorized person. If any Authorized User stops working for Customer, Customer must immediately terminate that person’s access to its account and any Estates Made Easy Service. Customer will be responsible for any and all actions taken using its and its users’ accounts, passwords or access credentials. Customer must notify Estates Made Easy immediately of any breach of security or unauthorized use of its account. Accounts are granted to specific Customers and must not be shared with others.
4. USE RIGHTS.
4.1 Use of Estates Made Easy Services. Subject to all the terms and conditions of this Agreement, Estates Made Easy grants Customer a worldwide, non-exclusive, non-transferable, non-sublicensable right and license during the applicable Plan Term to access and use the Estates Made Easy Service(s) designated on Customer’s Order Form solely for Customer’s personal estate planning purposes, but only in accordance with this Agreement (including without limitation any applicable Service-Specific Terms), the Documentation, and all applicable Terms of Use descriptions.
4.2 Use by Others. : Customer may permit its Authorized Users to use the Estates Made Easy Service, provided their use is for Customer’s benefit only and remains in compliance with this Agreement. Customer will be responsible and liable for all Authorized Users’ use and access and their compliance with the terms and conditions of this Agreement.
5. CUSTOMER DATA.
5.1 Rights in Customer Data. As between the parties, Customer retains all right, title, and interest in and to the Customer Data. Customer hereby grants Estates Made Easy a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Customer Data solely to the extent necessary to provide the Estates Made Easy Service and related services to Customer and as set out in Section 5.2 (Aggregate/Anonymous Data).
5.2 Aggregate/Anonymous Data. Customer agrees that Estates Made Easy will have the right to generate Aggregate/Anonymous Data and that Aggregate/Anonymous Data is Estates Made Easy Technology, which Estates Made Easy may use for any business purpose during or after the term of this Agreement (including without limitation to develop and improve Estates Made Easy’s products and services and to create and distribute reports and other materials). For clarity, Estates Made Easy will only disclose Aggregate/Anonymous Data externally in a de-identified (anonymous) form that does not identify Customer, Authorized Users, or Visitors, and that is stripped of all persistent identifiers (such as device identifiers, IP addresses, and cookie IDs). Customer is not responsible for Estates Made Easy’s use of Aggregate/Anonymous Data.
5.3 Security. Estates Made Easy agrees to maintain commercially reasonable technical and organizational measures designed to secure its systems from unauthorized disclosure and modification, which are described in more detail on Estates Made Easy’s website. Estates Made Easy’s security measures will include: (i) storing Customer Data on secure virtual private servers; and (ii) using firewalls, access controls, and similar security technology designed to protect Customer Data from unauthorized disclosure and modification.
5.4 Storage. Estates Made Easy does not provide an archiving service. Customer acknowledges that Estates Made Easy may delete content, accounts, or files no longer in active use. Estates Made Easy expressly disclaims all other obligations with respect to storage. Additional storage terms may be specified in the applicable Service-Specific Terms.
6. CUSTOMER OBLIGATIONS
Customer agrees to use the Estates Made Easy Service in compliance with Estates Made Easy’s then-current Terms of Service; not take any action that would cause Estates Made Easy or the Estates Made Easy Service to become subject to any third-party terms (including open source license terms). Customer represents and warrants that its use and disclosure of Customer Data will not violate any third-party rights, including intellectual property, privacy and publicity rights.
7. SERVICES.
Estates Made Easy is a legal document preparation website. Recognizing the tremendous need for affordable and accessible estate planning resources, we have leveraged technology and legal insights to bring state-specific wills, trusts, and other wealth preservation documents to your finger tips. Wealth preservation and protection are not just for the wealthy. Whether you want to build your legacy using our quick and easy questionnaire and forms or you prefer to work with a member of our attorney network, we have the resources and tools to make the process simple.
Estates Made Easyis not a law firm. Accordingly, we do not provide legal advice, consultations, or recommendations. Any communications between you and Estates Made Easy are not shielded from discovery by the attorney-client privilege or as attorney work product. All documents and information made available on this site are for educational and self-help purposes only. Your access to the website is subject to our Terms of Use.
8. FEES AND PAYMENT.
Customer agrees to pay all fees in the currency and payment period specified in the applicable Order Form. Fee listings are provided for convenience only.
9. Incomplete Orders.
Your purchase through the Estates Made Easy platform allows you to create your own legal documents. You acknowledge and agree that, other than as required by applicable law, you shall have no right to cancel the order, request a refund, or otherwise be entitled to a credit for any order not completed within ninety (90) days from the purchase date. Estates Made Easy shall be entitled to liquidated damages equal to the amount paid to Estates Made Easy as renumeration for expense and costs in facilitating the order.
10. Limitation of Liability and Indemnification.
EXCEPT AS PROHIBITED BY LAW, YOU AGREE TO HOLD ESTATES MADE EASY AND ITS PARENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF ESTATES MADE EASY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ESTATES MADE EASY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO RESIDENTS OF SUCH STATES.
11. Legal Forms.
Upon purchase, Estates Made Easy grants you a nonexclusive, nontransferable worldwide right to use the legal form(s) you have purchased. This license allows you to access, download, use, and edit the legal form(s) you have purchased for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the legal form(s); or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the legal form(s) or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by Estates Made Easy and its licensors. Estates Made Easy does not guarantee that any Legal Form provided is suitable for a particular purpose, or that any Legal Form provided is accurate, reliable, complete or timely. The legal forms provided are for information purposes only, and should not be relied upon as legal advice.
12. Access to World Wide Web; Internet Delays.
o use Estates Made Easy services, you must acquire and maintain access to the World Wide Web, either directly or through devices that access web-based content. Access to certain Estates Made Easy services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. Estates Made Easy is not responsible for delays, delivery failures, or other damage resulting from such problems.
13. Force Majeure.
Estates Made Easy shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, Estates Made Easy may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
14. Right to refuse.
You acknowledge and agree that Estates Made Easy reserves the right to refuse service to anyone.
15. Severability.
If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
16. No Third-Party Rights.
Nothing in this Agreement confers on any third party the right to enforce any provision of this Agreement. Customer acknowledges that each Order Form only permits use by and for the legal entity or entities identified in the Order Form(s) as the Customer, and not any Customer Affiliates.
18. Governing Law; Jurisdiction; Venue.
This Agreement is governed by the laws of the State of Florida and the United States, without regard to choice or conflict of law rules thereof. The exclusive jurisdiction and venue for actions related to the subject matter of this Agreement are the state courts located in Miami-Dade County, Florida or the United States District Court for the Southern District of Florida, and all parties submit to the personal jurisdiction of these courts.
19. Entire Agreement.
This Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Estates Made Easy Platform or Services or any other subject matter covered by this Agreement. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement. Any terms provided by Customer (including as part of any purchase order or other business form used by Customer) are for administrative purposes only, and have no legal effect.
20.
By proceeding to make a purchase or otherwise use the Estates Made Easy platform you agree to these Terms of Service. If you do not agree to be bound by all of these terms, you must not use this service.
Thank you for signing up for an account with Estates Made Easy (“Estates Made Easy”, “we” or “us”). By placing an order, clicking to accept this Agreement, or using or accessing any Estates Made Easy Service or related services, you agree to all the terms and conditions of this Terms of Service Agreement (“Agreement”). If you are using an Estates Made Easy Service or related services on behalf of a company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to this Agreement. You represent and warrant that you have the legal power and authority to enter into this Agreement and that, if the Customer is an entity, this Agreement and each Order Form is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement. Please note that we may modify this Agreement as further described in the amendments section below, so you should make sure to check this page from time to time. This Agreement includes any Order Forms and Service-Specific Terms (as defined below) as well as any policies or exhibits linked to or referenced herein. This Service is provided by MDH Services, LLC dba Estates Made Easy.
This Agreement is effective as of January 1, 2020.
Estates Made Easy is a legal document preparation website. Recognizing the tremendous need for affordable and accessible estate planning resources, we have leveraged technology and legal insights to bring state-specific wills, trusts, and other wealth preservation documents to your finger tips. Wealth preservation and protection are not just for the wealthy. Whether you want to build your legacy using our quick and easy questionnaire and forms or you prefer to work with a member of our attorney network, we have the resources and tools to make the process simple.
Disclaimer: Disclaimer: Estates Made Easy is not a law firm. Accordingly, we do not provide legal advice, consultations, or recommendations. Any communications between you and Estates Made Easy are not shielded from discovery by the attorney-client privilege or as attorney work product. All documents and information made available on this site are for educational and self-help purposes only. Your access to the website is subject to our Terms of Use.
Estates Made Easy is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.
BY PLACING AN ORDER OR ACCEPTING SERVICES FROM ESTATES MADE EASY YOU ACKNOWLEDGE AND AGREE THAT THE ESTATES MADE EASY REVIEW, IF ANY, OF YOUR ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. YOU MUST READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT, WHERE APPLICABLE. BY SIGNING YOU AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
2.1 “Add-On” means integrations, applications, and other add-ons that are used with the Estates MadeEasy Service.
2.2 “Affiliate” means any entity which is controlled by, in control of, or is under common control witha party to this Agreement, where “control” means either the power to direct the management or affairs of the entity or ownership of 50% or more of the voting securities of the entity.
2.3 “Aggregate/Anonymous Data” means: (i) data generated by aggregating Customer Data with other data so that results are non-personally identifiable with respect to Customer or its Visitors; and (ii) learnings, logs, and data regarding use of the Estates Made Easy Service.
2.4 “Authorized Users” means Customer’s agents, employees and contractors (who are acting for Customer’s benefit and on its behalf as authorized and directed by Customer.
2.5 “Confidential Information” means documents, data, code, inventions, know-how, product plans, inventions, and technical and financial information exchanged under this Agreement, that is identified as confidential at the time of disclosure or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed
2.6 “Customer Data” means: (i) Documents; (ii) Submitted Data; (iii) Visitor Data; and (iv) any other Customer Data submitted by Customer to Estates Made Easy in connection with Customer’s use of the Estates Made Easy Service.
2.7 “Documentation” means the end user technical documentation created by Estates Made Easy and provided with the Estates Made Easy Service.
2.8 “Estates Made Easy Service” means the specific proprietary platform, forms, or software-as-a-service product(s) of Estates Made Easy specified in Customer’s Order Form, including any related Documentation, and excluding any Third-Party Products.
2.9 “Estates Made Easy Technology” means the Estates Made Easy Service, any and all related or underlying documentation, technology, code, know-how, logos and templates (including in any reports or output obtained from the Estates Made Easy Service), anything delivered as part of support or other services, and any updates, modifications or derivative works of any of the foregoing, including as may incorporate any feedback.
2.10 “Order Form” means any Estates Made Easy ordering documentation or online sign-up or subscription flow that references this Agreement.
2.11 “Regulated Data” means: (i) any personally identifiable information (other than personal information about Authorized Users); (ii) any patient, medical, or other protected or regulated health information; or (iii) any government IDs, financial information (including bank account or payment card numbers), or any other information subject to regulation or protection under specific laws or regulations.
2.12 “Scope of Use” means the usage limits or other scope of use descriptions for the Estates Made Easy Service included in the applicable Order Form (including descriptions of packages and features) or Documentation. These include any numerical limits on Visitors or Authorized Users, descriptions of product feature levels, and names or numerical limits for Customer Properties.
2.13 “Service-Specific Terms” means the additional or different terms and conditions (if any) specific to an Estates Made Easy Service or other Estates Made Easy products, features, services or subscription plans.
2.14 “Submitted Data” means data uploaded, inputted or otherwise submitted by Customer to the Estates Made Easy Service, including Third-Party Content.
2.15 “Subscription Term” means the initial term for the subscription to the applicable Estates Made Easy Service, if any, as specified on Customer’s Order Form(s), and each subsequent renewal term (if any).
2.16 “Third-Party Content” means content, data or other materials that Customer provides to the Estates Made Easy Service from its third-party data providers, including through Add-Ons used by Customer.
2.17 “Third-Party Product” means any applications, integrations, software, code, online services, systems, other products, and Add-Ons not developed by Estates Made Easy.
2.18 “Virus” means a virus, Trojan horse, or worm that is designed to harm, disrupt or interfere with computers, software or hardware and detectable using commercially reasonable procedures.
2.19 “Visitor” means any visitor to the Estates made Easy website.
2.20 “Visitor Data” means the data concerning the characteristics and activities of Visitors collected by the Estates Made Easy Service, including any data specified in the Service-Specific Terms.
Other terms are defined in other Sections of this Agreement or in the relevant Service-Specific Terms, policies, or Exhibits
Customer and its Authorized Users may need to register for an Estates Made Easy account in order to place orders or to access or receive an Estates Made Easy Service. Account information must be accurate, current, and complete, and will be governed by Estates Made Easy’s Privacy Policy. Customer agrees to keep this information up-to-date so that Estates Made Easy may send notices, statements, and other information by email or through Customer’s account. Customer must ensure that any user IDs, passwords, and other access credentials for the Estates Made Easy Service are kept strictly confidential and not shared with any unauthorized person. If any Authorized User stops working for Customer, Customer must immediately terminate that person’s access to its account and any Estates Made Easy Service. Customer will be responsible for any and all actions taken using its and its users’ accounts, passwords or access credentials. Customer must notify Estates Made Easy immediately of any breach of security or unauthorized use of its account. Accounts are granted to specific Customers and must not be shared with others.
4.1 Use of Estates Made Easy Services. Subject to all the terms and conditions of this Agreement, Estates Made Easy grants Customer a worldwide, non-exclusive, non-transferable, non-sublicensable right and license during the applicable Plan Term to access and use the Estates Made Easy Service(s) designated on Customer’s Order Form solely for Customer’s personal estate planning purposes, but only in accordance with this Agreement (including without limitation any applicable Service-Specific Terms), the Documentation, and all applicable Terms of Use descriptions.
4.2 Use by Others. : Customer may permit its Authorized Users to use the Estates Made Easy Service, provided their use is for Customer’s benefit only and remains in compliance with this Agreement. Customer will be responsible and liable for all Authorized Users’ use and access and their compliance with the terms and conditions of this Agreement.
5.1 Rights in Customer Data.As between the parties, Customer retains all right, title, and interest in and to the Customer Data. Customer hereby grants Estates Made Easy a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Customer Data solely to the extent necessary to provide the Estates Made Easy Service and related services to Customer and as set out in Section 5.2 (Aggregate/Anonymous Data).
5.2 Aggregate/Anonymous Data. Customer agrees that Estates Made Easy will have the right to generate Aggregate/Anonymous Data and that Aggregate/Anonymous Data is Estates Made Easy Technology, which Estates Made Easy may use for any business purpose during or after the term of this Agreement (including without limitation to develop and improve Estates Made Easy’s products and services and to create and distribute reports and other materials). For clarity, Estates Made Easy will only disclose Aggregate/Anonymous Data externally in a de-identified (anonymous) form that does not identify Customer, Authorized Users, or Visitors, and that is stripped of all persistent identifiers (such as device identifiers, IP addresses, and cookie IDs). Customer is not responsible for Estates Made Easy’s use of Aggregate/Anonymous Data.
5.3 Security. Estates Made Easy agrees to maintain commercially reasonable technical and organizational measures designed to secure its systems from unauthorized disclosure and modification, which are described in more detail on Estates Made Easy’s website. Estates Made Easy’s security measures will include: (i) storing Customer Data on secure virtual private servers; and (ii) using firewalls, access controls, and similar security technology designed to protect Customer Data from unauthorized disclosure and modification.
5.4 Storage. Estates Made Easy does not provide an archiving service. Customer acknowledges that Estates Made Easy may delete content, accounts, or files no longer in active use. Estates Made Easy expressly disclaims all other obligations with respect to storage. Additional storage terms may be specified in the applicable Service-Specific Terms.
Customer agrees to use the Estates Made Easy Service in compliance with Estates Made Easy’s then-current Terms of Service; not take any action that would cause Estates Made Easy or the Estates Made Easy Service to become subject to any third-party terms (including open source license terms). Customer represents and warrants that its use and disclosure of Customer Data will not violate any third-party rights, including intellectual property, privacy and publicity rights.
Estates Made Easy is a legal document preparation website. Recognizing the tremendous need for affordable and accessible estate planning resources, we have leveraged technology and legal insights to bring state-specific wills, trusts, and other wealth preservation documents to your finger tips. Wealth preservation and protection are not just for the wealthy. Whether you want to build your legacy using our quick and easy questionnaire and forms or you prefer to work with a member of our attorney network, we have the resources and tools to make the process simple.
Estates Made Easyis not a law firm. Accordingly, we do not provide legal advice, consultations, or recommendations. Any communications between you and Estates Made Easy are not shielded from discovery by the attorney-client privilege or as attorney work product. All documents and information made available on this site are for educational and self-help purposes only. Your access to the website is subject to our Terms of Use.
Customer agrees to pay all fees in the currency and payment period specified in the applicable Order Form. Fee listings are provided for convenience only.
9. Incomplete Orders.
Your purchase through the Estates Made Easy platform allows you to create your own legal documents. You acknowledge and agree that, other than as required by applicable law, you shall have no right to cancel the order, request a refund, or otherwise be entitled to a credit for any order not completed within ninety (90) days from the purchase date. Estates Made Easy shall be entitled to liquidated damages equal to the amount paid to Estates Made Easy as renumeration for expense and costs in facilitating the order.
10. Limitation of Liability and Indemnification.
EXCEPT AS PROHIBITED BY LAW, YOU AGREE TO HOLD ESTATES MADE EASY AND ITS PARENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF ESTATES MADE EASY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ESTATES MADE EASY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO RESIDENTS OF SUCH STATES.
11. Legal Forms.
Upon purchase, Estates Made Easy grants you a nonexclusive, nontransferable worldwide right to use the legal form(s) you have purchased. This license allows you to access, download, use, and edit the legal form(s) you have purchased for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the legal form(s); or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the legal form(s) or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by Estates Made Easy and its licensors. Estates Made Easy does not guarantee that any Legal Form provided is suitable for a particular purpose, or that any Legal Form provided is accurate, reliable, complete or timely. The legal forms provided are for information purposes only, and should not be relied upon as legal advice.
12. Access to World Wide Web; Internet Delays.
o use Estates Made Easy services, you must acquire and maintain access to the World Wide Web, either directly or through devices that access web-based content. Access to certain Estates Made Easy services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. Estates Made Easy is not responsible for delays, delivery failures, or other damage resulting from such problems.
13. Force Majeure.
Estates Made Easy shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, Estates Made Easy may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
14. Right to refuse.
You acknowledge and agree that Estates Made Easy reserves the right to refuse service to anyone.
15. Severability.
If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
16. No Third-Party Rights.
Nothing in this Agreement confers on any third party the right to enforce any provision of this Agreement. Customer acknowledges that each Order Form only permits use by and for the legal entity or entities identified in the Order Form(s) as the Customer, and not any Customer Affiliates.
18. Governing Law; Jurisdiction; Venue.
This Agreement is governed by the laws of the State of Florida and the United States, without regard to choice or conflict of law rules thereof. The exclusive jurisdiction and venue for actions related to the subject matter of this Agreement are the state courts located in Miami-Dade County, Florida or the United States District Court for the Southern District of Florida, and all parties submit to the personal jurisdiction of these courts.
19. Entire Agreement.
This Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Estates Made Easy Platform or Services or any other subject matter covered by this Agreement. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement. Any terms provided by Customer (including as part of any purchase order or other business form used by Customer) are for administrative purposes only, and have no legal effect.
20.
By proceeding to make a purchase or otherwise use the Estates Made Easy platform you agree to these Terms of Service. If you do not agree to be bound by all of these terms, you must not use this service.