Estate Map’s Services allow the User to collect, organize and store personal information and materials (“Personal Information”) and to provide selected access of the Personal Information to a designated recipient or recipients (“Recipient,” ”Recipients,” “Party,” and User and Recipient may be collectively referred to as ”Parties”) and these Terms apply to all Parties who access the Services. User is the exclusive owner of the Services subscription and such Services are only made available to User and/or Recipient under a limited subscription license, the term of which is based on the date in which the subscription was first made available by Estate Map and expiring at the end of the term specified (“License”) granting such use; and such License is specifically incorporated as part of these Terms. By using the Services, the Parties recognize that the Services confer benefit on each of the Parties. Notwithstanding recognition of the benefits conferred, each of the Parties acknowledges and accepts that control over access to Personal Information is generally governed by User and is not transferable to any other person or entity unless directed by User or unless otherwise expressly required by law or court order. Any use of the Services by User shall be interpreted as acknowledgement by each Party that the License is reasonable.
This is a legal document so you can’t be surprised when we spring a disclaimer on you up front, can you?
Please understand what Estate Map is and what Estate Map isn’t. Estate Map is not a substitute for a Will, Trust, or Power of Attorney. Estate Map cannot, by itself, transfer ownership rights, privileges or obligations to any asset or information from User to Recipients. Although the Services provide a reliable way to give Recipients access and control over assets or accounts, such access may not always be lawful or binding. If your will, trust, other legal document, a court, or statute or regulation grants superior legal rights to somebody else, then your designation of a Recipient through Estate Map will not likely trump those legal rights. It is essential that User consult an attorney to coordinate your Recipient designations with the appropriate legal documents, such as a Will, Trust, and Power of Attorney.
Estate Map is not engaged in rendering legal, financial or other professional services and makes no claim respecting the legalities of any Party’s access to the Personal Information or other content stored on its servers. Access to any Personal Information or other content stored on Estate Map’s servers does not confer any legal right or rights thereto. Professional advice should be sought if legal, financial or other specific expert assistance is required. Ownership of any electronic rights related to the internet such as intellectual property, domain names, or marketing affiliation agreements, cannot be granted or transferred through the Services. Estate Map does not control or endorse any Personal Information or other content stored on its servers and, therefore, Estate Map specifically disclaims any liability with regard thereto, as well as to any actions resulting from User’s participation in any Services.
Although Estate Map grants User the opportunity to provide a designated Recipient or Recipients access to information, Estate Map does not guarantee that such access will occur nor does Estate Map guarantee the legality of providing such access. The integrated services of a competent professional are required to ensure that Personal Information is made available to a Recipient at the designated time if such Recipient is available. User accepts the risk that, in some instances a Recipient or Recipients may not be available to receive information and, if no Recipient is available, the stored information may never be accessed.
Unless otherwise required by law or court order, Estate Map does not review or screen any Personal Information or other content stored by User. Estate Map is not responsible for and specifically disclaims responsibility for the legality or suitability of material stored by any User including the suitability or legality of material accessed by any Party. As part of the Services, a Party may download Personal Information and related material. Estate Map does not make any assurances or provide any guarantees with regard to the accuracy of the results or output that derives from such download.
Except as otherwise warranted herein, Estate Map hereby disclaims any and warranties and conditions with regard to the Services, including any and all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. Estate Map cannot be held liable for access caused by usernames and passwords that have been accessed by means outside of Estate Map’s control and Estate Map specifically disclaims any liability thereto.
In no event shall Estate Map be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of the Services. The documents and related graphics published on the Services could include technical inaccuracies or typographical errors.
Estate Map reserves the right to disclose information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental demand.
3. NOTICE AND CONSENT CONCERNING THE SERVICES AND SHARING INFORMATION
Let’s get some things perfectly clear while we’re just getting to know each other. Estate Map is a very cool tool but we count on you to treat it right, to make smart decisions, and to keep in mind that the biggest lapses in online security are typically the result of people inadvertently (or advertently) sharing information with somebody who is less than trustworthy. Some examples of behavior that will keep us on good footing are (a) always use a strong password for your Estate Map account; (b) never share your Estate Map password with anybody (after all, that’s part of the beauty of Estate Map – you can securely share information but always control when and with whom it gets shared); and (c) only add recipients that you trust – especially those you trust to report a change in your health status.
Estate Map’s Services require Users and Recipients to register with Estate Map and/or to create an account. Each Party is prohibited from using another’s account without permission. When creating an account, each Party must provide accurate and complete information. Each Party is solely responsible for the activity that occurs on his or her account, and must keep his or her account login and password secure. Each Party must notify Estate Map immediately of any breach of security or unauthorized use of an account. Although Estate Map will not be liable for losses caused by any unauthorized use of an account, a Party may be liable for the losses of Estate Map or others due to unauthorized use.
Personal Information may be shared with a Recipient or Recipients at a time identified by the User, or upon User’s death either selectively or as a default. Therefore, while User maintains control over his or her Personal Information including whether and with whom (i.e., Recipients) such Personal Information may be shared, User specifically acknowledges and agrees that such sharing of Personal Information is an essential part of the provision of Services. Although default settings granting a Recipient or Recipients access to certain portions of User’s Personal Information, such defaults can be modified by User. If User fails to modify defaults, User consents to allowing the aforementioned portions of Personal Information to be shared according to those default settings, if any. User agrees to notify Estate Map immediately of any unauthorized use of User’s account or any other breach of security.
All Parties consent to allow Estate Map to contact User and/or Recipient or Recipients as deemed necessary to assist Estate Map in providing its Services. Upon receiving notice of User’s death or incapacity, Estate Map will share Personal Information with all of those Recipients designated in the User’s settings and, even in the unlikely event that such sharing is based on mistake, User accepts such Personal Information sharing as long as it is made in good faith.
4. GENERAL USE OF SERVICES, PERMISSIONS, AND RESTRICTIONS
When a Party registers with Estate Map, Estate Map grants the Party permission to access and use the Services under the Terms, provided that the Party agrees not to distribute in any medium any part of the Services or the Personal Information without Estate Map’s prior written authorization, unless Estate Map makes available the means for such distribution through functionality offered by the Services. Parties agree not to alter or modify any part of the Services and the Parties agree not to access Personal Information through any technology or means other than through the Services or other explicitly authorized means Estate Map may designate or through functionality offered by the Services.
Parties agree not to use the Services for any of the following commercial uses without Estate Map’s prior written approval: (a) the sale of access to the Services; (b) the sale of advertising, sponsorships, or promotions placed on or within the Services or Personal Information; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Personal Information made available via the Services, unless other material not obtained from Estate Map appears on the same page and is of sufficient value to be the basis for such sales. Prohibited commercial uses do not include uploading Personal Information by any of the Parties for use and consumption by any of the Parties or any use that Estate Map expressly authorizes in writing.
The Parties agree not to use or launch any automated system, including without limitation, robots, spiders, or offline readers that access the Services in a manner that sends more request messages to the Estate Map servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Estate Map reserves the right to create exceptions either generally or in specific cases.
5. HOLD HARMLESS & INDEMNIFICATION
By using the Services, each of the Parties, individually and collectively (including but not limited to any representatives, heirs, and beneficiaries thereto) agrees to hold Estate Map harmless and indemnify Estate Map from all losses, damages, and costs related to or arising from the use or reliance on such Services, including but not limited to, any and all conduct of the Parties, and how a User’s estate and associated rights are administered under Federal, State, or local law. By using the Services, the Parties agree that, if Estate Map is found to be liable to any or all of the Parties (including but not limited to any representatives, heirs, or beneficiaries thereto), then the total damages shall be limited to the cumulative fees paid to Estate Map by the individual affected User for the Services provide thereto.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
In using the Services, each Party agrees that use of the Services is at the Party’s sole risk. Neither Estate Map, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrants that Estate Map will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy, reliability or content of any the Services or Personal Information. the Services are provided on an “AS IS” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.
This disclaimer of liability applies and extends to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The Parties specifically acknowledge that Estate Map is not liable for the defamatory, offensive and/or illegal conduct of other Parties or third-parties and that the risk of injury from the foregoing rests entirely with the Parties.
Under no circumstances will Estate Map be liable for any loss or damage caused by a User’s reliance on information obtained through the Services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Estate Map or its representatives. Parties should seek the advice of Professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
7. FORCE MAJEURE
Estate Map will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications).
8. CHANGED TERMS
Although Estate Map may notify Parties when major changes are made to these Terms, Estate Map reserves the right to modify or update the Terms at any time without notice to the Parties. Parties should periodically review the most up-to-date version of the Terms which can be reviewed by clicking on the hypertext link located on Estate Map’s web page at https://estatemap.com. Estate Map may, in its sole discretion, modify or revise these Terms and its policies at any time, and, by continuing to use the Services, each Party agrees to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. Estate Map shall have the right at any time to change or discontinue any aspect or feature of its Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
9. CONDUCT OF THE PARTIES
The Parties shall use the Services for lawful purposes only and shall not store, post, or transmit through Estate Map any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Estate Map’s express prior approval, contains advertising or any solicitation with respect to products or services.
10. SUSPENSION AND/OR TERMINATION OF SERVICES
Either Estate Map or User may terminate this Agreement at any time without notice, for any lawful reason whatsoever. Estate Map reserves the right to suspend a Party’s access to any or all of the Services at any time, without notice, for any lawful reason whatsoever. Without limiting the foregoing, Estate Map shall have the right to immediately terminate User’s Account in the event of any conduct by User which Estate Map, in its sole discretion, considers to be unacceptable, or in the event of any breach by any of the Parties of the Terms.
Each of the Parties shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Services and all related charges.
12. THIRD PARTY SITES
13. INTELLECTUAL PROPERTY OF ESTATE MAP
Services are the intellectual property of Estate Map and patent-pending protected under the patent laws of the United States. Any infringement or violation thereof may subject the violator to civil and/or criminal penalties and enforcement. the Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, sound (as distinguished from Personal Information input by the Parties), and these are copyrighted as a collective work under the copyright laws of the United States. Estate Map owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. No party may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part without the express permission of Estate Map. Parties may use copyrighted material for personal use only and only as subject to the Terms. Except as otherwise expressly permitted under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material is allowed without the express permission of Estate Map. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
Parties acknowledge that they do not acquire any ownership rights by using copyrighted material. Parties shall not upload, post or otherwise make available on the Services any material protected by copyright, trademark or other proprietary right without the express permission of Estate Map and the burden of determining that any material is not protected rests with Parties. Parties shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. The foregoing provisions are for the benefit of Estate Map, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. COPYRIGHT NOTICE
The entirety of the Services, including but not limited to, forms, artwork, logos, written materials and layout are the copyrighted property of Estate Map. All rights reserved. Copying, displaying and distributing copyrighted works, may infringe the owner’s copyright. Any infringing use of copyrighted works is subject to appropriate disciplinary action as well as those civil remedies and criminal penalties provided by federal law.
Estate Map™, as well as any and all derivatives and variations in the spelling of Estate Map™ are the sole intellectual property of Estate Map. the Services may neither be used, nor reproduced, in whole, in part, or in any manner whatsoever, without the prior, express, written consent and acknowledgment of Estate Map. Estate Map neither grants, nor implies, nor otherwise gives consent for any unauthorized use of the intellectual property of Estate Map to the Parties, and all such unauthorized use is strictly prohibited.
The names of actual companies and products mentioned in the Services may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
The Terms contained herein (including the Privacy & Security Policy referenced herein) constitute the entire agreement between any of the Parties and Estate Map with respect to the subject matter hereof, and supersede any and all previous written or oral agreements between the Parties with respect to such subject matter. These Terms shall be construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws rules. No waiver by any Party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.