EstateGiftPlanning.com Terms of Service
1. Acceptance of the Terms of Service.
These terms of service are entered into by and between you (“user,” “you,” or “your”) and Planned Giving Interactive, LLC dba “estategiftplanning.com” (“Company,” “estategiftplanning.com,” “we,” “our,” or “us”), and they govern your access to and use of the estategiftplanning.com website, subdomains, software, applications, products, hosting, services, and all related components, accessories, and documents, and all updates and revisions thereto (collectively the “Platform”), including any content, functionality, and services offered on or through the Platform, whether as a guest or a registered user.
This agreement remains in full force and effect while you use the Platform. We may terminate your account at any time and for any reason. If you wish to terminate your account, you may simply stop using the Platform, not renew your subscription, or contact us at firstname.lastname@example.org. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Platform is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Platform, you warrant and represent that you are at least eighteen (18) years old and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform.
2. Changes to the Terms of Service.
We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
3. Estategiftplanning.com Platform.
Estategiftplanning.com is not a law firm and does not provide legal advice or legal services. The Platform is a document automation and document generation platform for users to efficiently and cost-effectively fill in, generate, and execute documents.
The Platform is intended only to facilitate such actions, and therefore it is important to understand:
- Estategiftplanning.com is not a law firm. The Company, including its employees and agents, does not offer any legal advice, recommendations, opinions, representation, referrals, or counseling. Information posted on or through the Platform is for informational purposes only and should not be considered a substitute for professional legal advice or a solicitation to provide legal advice by the Company.
- No results or outcomes are guaranteed by your use of the Platform. While the Company endeavors to build a platform to help your practice be efficient and successful, the Company does not guarantee any results or outcomes with your use of the Platform.
- Estategiftplanning.com does not guarantee the identity of end users. Estategiftplanning.com does not warrant or represent the accuracy of user identities or claims made by users. We encourage you to research and, where appropriate, request further proof of any identities or claims made by other users, particularly when entering into an attorney-client relationship. Where users provide identity-related information that is untrue, inaccurate, not current, or incomplete, or if Estategiftplanning.com suspects that such information is untrue, inaccurate, not current, or incomplete, Estategiftplanning.com may (but is under no obligation to) suspend or Terminate said users’ accounts and refuse current or future use of Estategiftplanning.com.
- Estategiftplanning.com does not regulate your actions on the Platform. You are solely responsible for ensuring that you are complying with all applicable laws and rules of professional conduct when you are using the Platform, including those regarding the unauthorized practice of law, communications, and confidentiality. The Company is not liable for any violations of law or professional rules by any Platform user or the results of such a violation.
4. Accessing the Platform and Account Security.
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part if the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
5. Intellectual Property Rights.
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We reserve all rights that are not expressly granted to you under this agreement or by law.
Your use of the Platform is subject to the following conditions and restrictions:
- You agree to allow Estategiftplanning.com to use and display your organization’s logo on our website and in other promotional materials.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as it is created and owned by you.
- You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
6. Content Generated By You.
The Estategiftplanning.com Platform may allow you to generate content, including but not limited to text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials (“Content”). You are solely responsible for the Content of, and for any harm resulting from, any Content that you post, upload, link to or otherwise make available via the Platform, regardless of the form of that Content. We are not responsible for any public display or misuse of your Content. Additionally, you agree to the following terms:
- Estategiftplanning.com may remove Content. We do not pre-screen Content, but we have the right (though not the obligation) to refuse or remove any Content that, in our sole discretion, violates any Estategiftplanning.com. Terms or policies.
- Ownership of Content, Right to Post, and License Grants. You retain ownership of and responsibility for your Content. If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post. You grant us and our legal successors the nonexclusive, worldwide, and royalty-free right to use, copy, reproduce, display, modify, adapt, distribute, and perform your Content in order to render the Platform. This includes the right to do things like store it on our database and make backups; show it to you and your users; parse it into a search index or otherwise analyze it on our servers; and perform it, in the case that your Content is something like an app, music, or video.
7. Reporting Claims of Copyright Infringement.
We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Platform, you may request removal of those materials from the Platform by submitting written notification to email@example.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your name.
- The name and description of the work that is being infringed.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
8. Prohibited Uses.
You may use the Platform only for lawful purposes and in accordance with the Terms in their entirety. Estategiftplanning.com reserves the right to monitor our Platform for the purpose of determining that use of the Platform complies with these Terms. You agree not to use the Platform, directly or indirectly:
- In any way that violates any applicable federal, state, local, or international law, rule of professional conduct, or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- In any manner that abuses, threatens, defames, libels, incites hatred or violence toward, victimizes, intimidates, or otherwise harasses any person or group of persons.
- In a manner that discriminates on the basis of race, color, ethnicity, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, age, military or veteran status, marital status, or disability.
- To transmit content that is pornographic or obscene.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- In any way that uses the Platform or any of Estategiftplanning.com’s marks commercially, for benchmarking, or to compile content for a competitive product or service.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend the Company or users of the Platform or expose them to liability.
- To reverse engineer decompile, tamper with, or disassemble the technology used to provide the Platform (except as and only to the extent any foregoing restriction is prohibited by a nonwaivable provision of applicable law), or otherwise attempt to obtain source code.
- Impersonate or misrepresent your identity or affiliation with a person, entity or organization, or use a false identity.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify the Company or Platform rating.
- Otherwise attempt to interfere with the proper working of the Platform.
Estategiftplanning.com may offer users paid access to the Platform or its services. To use the Platform, users must provide Platform with a valid credit card for payment. User will be charged in advance during the applicable payment period (e.g., each month or each year for subscriptions).
- Cancellation. Users can cancel a subscription at any time by using their account to delete the paid subscription or by emailing firstname.lastname@example.org. Subscribers who cancel a subscription prior to the end of the current billing cycle (whether that billing cycle is monthly or yearly, as originally chosen by the client in sign-up) will not be charged for that subscription in the following cycle or any cycles thereafter.
- Upgrades & Downgrades. The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Platform.
- Price Changes. All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the user’s email.
- Suspension or Termination of Platform, Services, Accounts, or Subscriptions. As provided elsewhere in these Terms, Estategiftplanning.com has the right to suspend or discontinue providing access to its Platform to any user for actions that are in violation of this Agreement. We may (but are under no obligation to) provide prior notice of suspension or termination if we believe the violation doesn’t create a security risk or other exigent circumstances.
- Payment Processing. Estategiftplanning.com may process payment using Stripe or any like payment processor that Estategiftplanning.com, in its sole discretion, chooses to use. By using the payment processing services, users agree to the applicable services agreement of our payment processor. Estategiftplanning.com makes no warranties or representations in regards to services provided by payment processors.
- Refund Policy. All charges are final unless otherwise provided in these Terms. Users are not entitled to refunds or credits for partial periods of using the Platform but may request such refunds or credits by emailing email@example.com. Estategiftplanning.com takes user satisfaction seriously and may (but is under no obligation to) provide the requested refund or credit in its sole discretion.
10. Monitoring and Enforcement; Termination.
We have the right to:
- Take any action with respect to any user that we deem necessary or appropriate in our sole discretion, including if we believe that such user violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of the Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11. Reliance on Information Posted.
We do not warrant the accuracy, completeness, or usefulness of any information on the Platform, including any documents that are posted for use on the Platform by Estategiftplanning.com or by Estategiftplanning.com’s users. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. Links from the Platform.
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
13. Users Outside the U.S.
The Platform is controlled and operated from the United States and is subject to its laws. If you choose to access the Platform outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations. Estategiftplanning.com makes no representation that the Platform may be used in or complies with the laws of other locations. Use from other locations is at your own risk. You consent to processing in the United States of America of the data you provide.
14. Disclaimer of Warranties.
While we try to keep Estategiftplanning.com safe, secure, and well functioning, using our Platform exposes users to some risks. Estategiftplanning.com is not responsible for any harm users may experience. Furthermore:
THE PLATFORM, AND ALL MATERIALS, CONTENT, AND PRODUCTS INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE PLATFORM, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. ESTATEGIFTPLANNING.COM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUIET ENJOYMENT.
ESTATEGIFTPLANNING.COM DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ITS USE WILL: (I) BE UNINTERRUPTED OR SECURE, (II) BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, OR OTHERWISE CURRENT OR COMPLETE, (III) MEET USER REQUIREMENTS, (IV) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE USERS USE OR THIRD PARTY WEBSITES OR APPLICATIONS, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT YOUR USE OF THE PLATFORM WILL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PLATFORM.
15. Limitation of Damages.
Estategiftplanning.com’s liability for any damages you or a third party may incur is limited as follows:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESTATEGIFTPLANNING.COM, ITS MEMBERS, AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ATTORNEYS’ FEES), ARISING OUT OF OR IN ANY WAY RELATED TO THE PLATFORM OR WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ESTATEGIFTPLANNING.COM OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF ESTATEGIFTPLANNING.COM IN CONNECTION WITH THE PLATFORM EXCEED $100 OR THE AMOUNTS YOU PAID TO ESTATEGIFTPLANNING.COM IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE, WHICHEVER IS GREATER.
YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR THEIR STATE OR NATION OF RESIDENCE.
You agree to indemnify Estategiftplanning.com for all costs in connection with claims.
You agree to defend, indemnify, and hold Estategiftplanning.com its affiliates, and their respective employees, representatives, agents, attorneys, directors, officers, and members harmless from any damage, loss, cost, or expense (including but not limited to attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action brought or asserted against any of the indemnified parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; (ii) arising from or related to your use of the Platform; or (iii) arising from or related to your user Content.
If you are required to provide indemnification, Estategiftplanning.com may, in its sole and absolute discretion, control any claim at your sole cost and expense. You may not settle, compromise, or in any other manner dispose of any claim without Estategiftplanning.com’s consent.
17. Governing Law and Jurisdiction.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, provide a brief, written description of the dispute, and your contact information and allow sixty days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:
These Terms, your use of the Platform, and any other matter relating to Estategiftplanning.com will be governed by the laws of the state of Florida, without regard to conflict of laws principles.
These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in Los Angeles, California. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:
First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles, California if the claim and the parties are within the jurisdiction of the small claims court.
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PLATFORM, OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
18. Waiver and Severability.
No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
19. Entire Agreement.
The Agreement constitutes the sole and entire agreement between you and the Company. with respect to the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.
20. Your Comments and Concerns.
The Platform is operated by Planned Giving Interactive, LLC, dba Estategiftplanning.com from Gainesville, FL. All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: email@example.com