The following "Terms of Service" govern your use of the EstateGen website ("Service") made available by Perceptum Technologies, LLC. ("Perceptum"):
(1) You are granted a non-exclusive, non-transferable, limited license to access and use the Service.
(2) Perceptum does not review or pre-screen the contents of electronic data uploaded or posted to the Service ("Content") by Subscribers (as defined below), and Perceptum claims no intellectual property rights with respect to the Content.
(3) You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheets ("CSS") or any visual design elements without the express written permission from Perceptum.
(4) You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, Perceptum, or any other software or service provided by Perceptum.
(5) You agree not to use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms of Service.
(6) You agree not to use the Service to upload, post, host, or transmit unsolicited bulk e-mail "Spam", short message service "SMS" messages, viruses, self-replicating computer programs "Worms" or any code of a destructive or malicious nature.
(7) The Service is protected by United States and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to this Agreement, you acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with Perceptum.
(8) Perceptum reserves the right, at any time, if your bandwidth usage significantly exceeds the average bandwidth usage of other Subscribers (as determined solely by Perceptum), to immediately disable your subscription or throttle your file hosting until you can reduce your bandwidth consumption.
(9) Perceptum reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes your acceptance of the modification.
(10) Perceptum reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide reasonable notice prior to any such suspension.
The Service is currently in Beta. Subscriber acknowledges that the Service is in Beta and by signing up Subscriber agrees to be considered a Beta User. While the Service has been thoroughly tested and can be used in live client presentations, the Service is subject to frequent updates, modifications, downtime, crashes, bugs, revisions, and errors. While the Service is in Beta, Subscribers should not rely solely on the Service to retain and store client information and/or documents, or as a display platform for estate planning clients. Perceptum will make reasonable efforts to warn Subscribers of any modifications or downtime in advance of their occurrence. Beta Users are also encouraged to notify Perceptum through the Service’s online support email (email@example.com) of any bugs, inaccuracies, or errors found in the Service.
(1) You are only permitted to access and use the Service if you are a Subscriber. "Subscriber" means an individual, an entity (and their heirs, successors, and assigns), with a subscription to the Service. Subscribers are required to provide their full legal name, a valid email address, and any other information requested by the Service.
(2) Each Subscriber will create a unique identifier to access and use the Service ("Username"). The Username shall only be used by the Subscriber to whom it is assigned, and shall not be shared with, or used by any other person, including other Subscribers.
(3) All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
(1) Subscribers shall be responsible for protecting the security of Usernames and passwords, or any other codes associated to the Service known to them, and for the accuracy and adequacy of personal information provided to the Service.
(2) Subscribers will implement policies and procedures to prevent unauthorized use of Usernames, and will promptly notify Perceptum, upon suspicion that a Username has been lost, stolen, compromised, or misused.
(3) The Service uses 256-bit encryption technology to protect both the Subscriber’s and the Subscriber’s client’s information. Perceptum employees cannot and will not view the contents of any files or information uploaded or entered in to the Service.
(1) Subscribers with paying subscriptions will provide Perceptum with a valid credit card for payment of the monthly subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes.
(2) Subscribers with paying subscriptions will be charged monthly starting on the 30th day after the subscription was initially created. Such Subscribers will thereafter be charged in advance on a monthly basis, and the charge is non-refundable. Subscriptions canceled prior to the processing of the first invoice on the 30th day, will not be charged.
(3) No refunds or credits will be issued for partial months of service, or an upgrade or downgrade of service.
(4) There are no charges for canceling a subscription, and paying subscriptions cancelled prior to the end of the current month will not be charged again in the following month.
(5) 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 Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
(6) All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, or in the form of an announcement on the Service.
(7) Subscribers are solely responsible for canceling their subscription. Subscribers may cancel their subscription at any time by accessing the Service, and clicking on the appropriate link in the global navigation bar at the top of the screen.
(8) Perceptum in its sole discretion has the right to suspend or discontinue providing the Service to any Subscriber without notice for non-compliance with these Terms of Service, and pursue any other remedy legally available to it.
(1) THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PERCEPTUM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(2) PERCEPTUM, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF PERCEPTUM OR ITS AFFILIATES DOES NOT WARRANT THAT:
(3) PERCEPTUM, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF PERCEPTUM OR ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PERCEPTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
Perceptum is not engaged in rendering legal, financial or other professional services and makes no claim respecting the legalities or accuracy of any content of the Service. The documents and related graphics published on the Service could include technical inaccuracies or typographical errors. The Service is not a legal substitute for a Will, Trust, or Power of Attorney or any other legally binding document.
Perceptum cannot be held liable for access caused by Usernames and passwords that have been accessed by means outside of Perceptum’s control and Perceptum specifically disclaims any liability thereto.
Perceptum reserves the right to disclose information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental demand.
By using the Service Subscribers agree to hold Perceptum harmless and indemnify Perceptum from all losses, damages, and costs related to or arising from the use or reliance on such Service, including but not limited to, any and all conduct of the Subscriber. By using the Service, Subscriber agrees that, if Perceptum is found to be liable to any Subscriber then the total damages shall be limited to the cumulative fees paid to Perceptum for the Services provide thereto.
Perceptum 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 Perceptum’s (including Perceptum’s of internet services and telecommunications).
The Service is operated by Perceptum from its offices in Texas though its servers may reside in other states within the United States. All actions on and uses of the Service are governed by Texas law, without giving effect to its conflict of law provisions. Subscriber’s use of the Service may also be subject to other laws. Subscriber expressly agrees that exclusive jurisdiction for any claim or dispute with Perceptum or relating in any way to (a) your use of the Service or (b) this Terms of Service resides exclusively in Missouri City, Texas.
Although Perceptum may attempt to notify Subscriber when major changes are made to these Terms of Service, Perceptum reserves the right to modify or update the Terms of Service at any time without notice to Subscriber. Subscriber should periodically review the most up-to-date version of the Terms of Service which can be viewed on the www.estategen.com website. Perceptum may, in its sole discretion, modify or revise these Terms of Service and its policies at any time, and, by continuing to use the Service, Subscriber agrees to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
(1) Technical support is only provided to Subscribers with paying subscriptions, and is only available through email correspondence.
(2) You acknowledge and agree that Perceptum may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
(3) You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Content, may be transmitted unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
(4) The failure of Perceptum to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
(5) The Terms of Service constitutes the entire agreement between you and Perceptum and govern your use of the Service, superseding any prior agreements between you and Perceptum (including, but not limited to, any prior versions of the Terms of Service).
(6) You may not assign your rights or delegate your duties under this license to access the Service without the prior written consent of Perceptum.
Please feel free to direct any questions about the Terms of Service to support at firstname.lastname@example.org.