EstateDocPrep.com
Client End User License Agreement Revised:11/12/2024
IMPORTANT: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REMEDIES.
This End User License Agreement ("Agreement") is a legal agreement between Estate Doc Prep, LLC ("Estate Doc Prep," "estatedocprep.com," "we," "us," or "our") and You (either an individual or an entity, referred to as "You" or "Your") for the use of cloud-based software applications, and is effective as of the date of your electronic acceptance.
BY ACCESSING OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU HAVE NO RIGHTS TO THE PRODUCT AND SHOULD NOT ACCESS OR USE IT.
BY YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS CONTENT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. YOUR ELECTRONIC ACCEPTANCE SERVES AS THE LEGAL EQUIVALENT OF YOUR HANDWRITTEN SIGNATURE.
1. Definitions "Website" refers to estatedocprep.com and related sites."Software" refers to the self-help software available on this Website and subsidiary websites that enable you to use the do-it-yourself estate planning products.
"Product" or "Products" refer to the do-it-yourself estate planning portfolio documents accessed on estatedocprep.com and related websites, which may include associated media, printed materials, documents, and other components and software modules, including but not limited to subscriptions for related products.
2. Notices We may occasionally send you notices relating to this Agreement by email. It is therefore very important that you keep your user account ("Account") information, including your email address, current on estatedocprep.com . We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
4. Grant of License Subject to the terms and conditions of this License, we hereby grant you, and you hereby accept, a nonexclusive, nontransferable, and revocable user license to access the Website and online Software. Use of the Website and Software is licensed, not sold, to you for use only under the terms of this license.
5. Estate Doc Prep Has Not Sold Any Product(s) to You have been given USER access to our Website by an authorized Licensee. You understand and agree that we have made the Website and Software available for use to you under the terms of this Single User License and only for the Permitted Uses. You understand and agree that we have not sold any product(s) to you, and you are not a customer of ours. If you have any questions, problems, concerns, complaints, suggestions, or recommendations relating to the product(s), contact the person or company that provided your initial access codes. The person or company that provided you the initial access codes to our Website is not an employee or agent of Estate Doc Prep and has no authority to bind Estate Doc Prep, to speak on behalf of Estate Doc Prep, to bind Estate Doc Prep to any agreement, or to make any promises, guarantees, warranties, or representations on behalf of Estate Doc Prep.
6. Permitted Uses You agree that you will use the self-help Software and Website solely for the purpose of: (a) accessing and using the do-it-yourself estate planning legal form(s), and any subscriptions relating to such form(s) (i.e., the product(s)) that you have purchased, (b) accessing information and documentation relating to the product(s) you have purchased,(c) creating only one legal document for every one product you have purchased (however, you are able to make corrections in the event of a mistake),(d) making, for personal use only, copies of the one legal document that you may create for every one product you have purchased,(e) providing, for personal use only, to others, copies of the one legal document that you may create for every one product you have purchased, and (f) for no other uses or reasons whatsoever.The permitted uses described in this Paragraph are collectively referred to in this License as the "Permitted Uses".
7. Restrictions Any replication of any aspect of the Website or Software for your gain or the gain of any third-party, or for any use of a competitive nature, is strictly prohibited. Under no circumstances are you permitted to use the Software or Website to your advantage, or to the advantage of any third-party, except for the Permitted Uses. You agree that your use of the Website, Software, and products is for personal use and not for commercial use or for the purpose of sale or resale. You agree that you will not, directly or indirectly, or permit anyone else to: Copy (except as expressly permitted in this License), Reproduce, reprogram, disassemble, decompile, duplicate, translate to another computer language, reverse assemble, reverse translate, reverse engineer, create derivative works, or in any manner decode all or any part of the Software, Website, or products for any purpose including, without limitation, to derive any source code therefrom or to ascertain the construction or operation of the Software, Website, or products.
You agree that, except for the Permitted Uses, you will not rent, lease, loan, license, re-license, sublicense, duplicate, resell, make available online, make publicly available, give, transfer, or distribute the Software, Website, or products, nor permit anyone else to do so, without our prior written consent.
8. Estate Doc Prep is Not a Law Firm or Attorney YOU UNDERSTAND AND AGREE THAT ESTATE DOC PREP IS NOT A LAW FIRM OR AN ATTORNEY, AND THAT WE DO NOT PROVIDE LEGAL ADVICE OR LEGAL SERVICES. YOU ARE REPRESENTING YOURSELF OR HAVE RETAINED YOUR OWN ATTORNEY IN THIS MATTER. THERE IS NO ATTORNEY-CLIENT PRIVILEGE OR RELATIONSHIP BETWEEN US AND YOU.
If you believe that Estate Doc Prep (or any employee, or licensee, or independent contractor) selected which product(s) you should use or provided you with any advice, recommendation, or opinion about your legal rights, strategies, options, or selection of forms, you must discontinue using this product immediately, and any purchase will be null and void.
9. Financial, Tax, and Estate Planning Advice
We do not provide, and the products do not include, any financial, tax, or estate planning advice or services. You are solely responsible for seeking independent tax planning, estate planning, and/or legal advice regarding any tax, estate planning, financial, accounting, or business questions you may have about our products and how they apply to your specific circumstances.
10. Document Propriety Guarantee
We guarantee that any do-it-yourself document product you purchase for use in your State is appropriate for use in your State at the time you generate the document ("Document Propriety Guarantee").
To make a claim on the Document Propriety Guarantee, you must notify Estate Doc Prep in writing by certified mail (at Office of Dispute Resolution, Estate Doc Prep, 567 Cespe Ave, Fillmore, California, 93015) within 30 days following a claim or challenge regarding the appropriateness of use of a product in a particular State of the United States, and such notification must be made before any ruling on such claim or challenge.
Only you (or your personal representative) may make a claim on the Document Propriety Guarantee; claims cannot be made on a class or representative basis.
This Document Propriety Guarantee:
(a) applies only if a product is found to be inappropriate for use in its entirety in the State for which it is purchased, by a court of competent jurisdiction in the United States,
(b) does not apply to requirements by any institution that additional documents must be completed for funding or other purposes,
(c) does not apply to consequential, special, or punitive damages,
(d) applies as long as all requirements are met for signing and effectuating the product,
(e) does not cover issues relating to unlawful, untruthful, or inaccurate information provided by you or your agents to Estate Doc Prep (or an independent contractor of Estate Doc Prep),
(f) does not apply to any situation where there is contributory or comparative negligence or intentional wrongdoing by anyone other than Estate Doc Prep (or an independent contractor of Estate Doc Prep),
(g) does not apply if illegal or fraudulent activity was conducted with, or in connection with, the product,
(h) does not apply if there is any failure to properly execute the product, have the product notarized, have the product witnessed, properly fund a living trust, or update the product after significant events including but not limited to marriage, divorce, having children, etc.,
(i) does not apply if a product meant for use in a particular State of the United States is purchased for use in a different State of the United States,
(j) does not apply if the product is used in any manner other than one of the Permitted Uses in this Agreement (see Paragraph 6 of this Agreement),
(k) does not apply to issues relating to the application, suitability, or efficacy of a product to an individual's specific circumstances,
(l) does not apply to issues relating to duress or capacity (mental, legal, or otherwise) in the creation, amendment, execution, or funding of a product or otherwise relating to a product,
(m) does not apply to representations or warranties made, or advice given, by you or any third party,
(n) does not apply if changes have been made to the language of the product by anyone other than Estate Doc Prep, provided that proper and intended use of the Software provided by Estate Doc Prep to create or amend a product does not invalidate the Document Propriety Guarantee, and
(o) does not apply if the notification procedures and timeframes set forth in this paragraph are not met.
11. No Guarantee of Product Applicability
The law is a personal matter, and no general information or legal forms like the products we provide can fit every circumstance.
As a result, while we believe our documents are valuable and helpful, WE CANNOT GUARANTEE THAT OUR LEGAL FORMS WILL FIT YOUR INDIVIDUAL CIRCUMSTANCES.
If you have questions about the application, suitability, or efficacy of our products to your personal situation, you are solely responsible for seeking advice from a licensed attorney and/or tax advisor. If your specific problem is too complex to be addressed by our products, you should consult a licensed attorney in your area. OUR PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.
12. No Obligation for Future Updates
Laws change frequently, and laws are different from state to state. Even the same law may be applied or interpreted differently by different courts. From time to time, we may make changes, edits, or modifications (collectively, "modifications") to the products we provide in order to keep them up-to-date.
Some or all of those modifications may be made based on changes to applicable local, state, and/or federal laws. YOU UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION TO MAKE MODIFICATIONS TO OUR PRODUCTS.
Further, you understand and agree that we have no obligation or duty to notify you of any modifications we make to our products, including but not limited to modifications we make to legal forms that you previously created on our website(s).
If we do notify you of modifications made to any of our products, such notice will not be construed as creating, and will not create, any obligation or duty on the part of us to notify you of any other modifications to that product or any other product.
13. Document Vault Access
When you purchase an Estate Plan Portfolio, you are granted one year of access to a secure online Document Vault. This Vault allows read-only access to the documents you generate and compatible files that you upload. Storage limits may apply. Continued access to the Document Vault after the initial one-year term requires an annual subscription.
14. Changes to Documents
Our legal forms include both Non-Editable Language and User-Editable Fields:
Non-Editable Language: This portion of the form cannot be modified by users.
User-Editable Fields: These fields are intended for customization by users to suit individual needs.
If you require edits to the Non-Editable Language, such requests must:
Be submitted by an attorney you retain.
Be submitted by an attorney licensed in your jurisdiction.
Follow the procedures established by Estate Doc Prep for such requests.
15. Printing/Shipping Policy
You are responsible for printing any documents you generate through our platform. Estate Doc Prep does not print, mail, or ship any documents.
16. Personal Use
You agree that you are purchasing product(s) solely for personal use. Resale, redistribution, or use for commercial purposes is strictly prohibited.
17. Estate Doc Prep Intellectual Property; Limited License
The products, Software, and Website provided by Estate Doc Prep are protected by intellectual property laws, including copyright and trademark laws. You are granted a limited license to use the products as outlined in this Agreement under the Permitted Uses.
You may not:
Sell, resell, license, sublicense, distribute, or transfer any product.
Use any product to create more than one legal document unless explicitly allowed.
Use any product purchased for a specific State in a different State without purchasing the appropriate product.
18. Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS. This Agreement contains an arbitration clause that requires disputes between You and Estate Doc Prep to be resolved through binding arbitration rather than in court. By entering into this Agreement, You agree to waive the right to a trial by jury or to participate in a class action lawsuit.
A. Agreement to Arbitrate
You and Estate Doc Prep agree to arbitrate all disputes and claims arising out of or relating to this Agreement, except for small claims that may be pursued in small claims court. Arbitration is informal and uses a neutral arbitrator instead of a judge or jury.
18. Arbitration Agreement (continued)
B. Arbitration Process
A party intending to seek arbitration must first send a Notice of Dispute to the other party by certified mail. The notice must describe the nature and basis of the claim or dispute and specify the relief sought.
If a resolution is not reached within 30 days after the notice is received, either party may commence arbitration.
Claims will be resolved by a neutral arbitrator selected according to the rules of the arbitration organization agreed upon by both parties, such as JAMS or the American Arbitration Association (AAA).
C. Location and Procedures
The arbitration hearing will take place in the county of your residence unless agreed otherwise.
If the claim involves $15,000 or less, the arbitration may be conducted solely based on documents, telephonic hearings, or in-person hearings.
The arbitrator will issue a reasoned written decision outlining the award and the essential findings.
D. Restrictions on Arbitration
Arbitration will be conducted on an individual basis only.
No claims may be arbitrated as a class action or in any representative capacity.
Claims involving multiple parties cannot be joined or consolidated without prior written consent of all parties involved.
E. Costs
If your claim does not exceed $75,000 and is filed in good faith, Estate Doc Prep will cover your arbitration fees exceeding $100. If the arbitrator finds your claim to be frivolous, you may be responsible for reimbursing these fees.
F. Continuation
This arbitration provision will survive termination of this Agreement, closure of your account, or any sale or transfer of your account to another party.
19. Governing Law
This Agreement will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Any arbitration or legal proceeding will take place in Ventura County, California.
20. No Additional Warranties
Except as specifically outlined in this Agreement, all products, software, and services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.
Estate Doc Prep makes no guarantees that:
The products or services will meet your specific requirements.
The products will be suitable for your particular situation.
The software will operate without interruption or error.
21. Limitations of Liability
To the fullest extent permitted by law, Estate Doc Prep and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or related to your use of the products or services.
The maximum liability of Estate Doc Prep will not exceed:
For purchases of subscriptions: $100 or the amount paid by you for the subscription, whichever is less.
For all other purchases: The actual amount paid by you for the product in question.
22. Force Majeure
Estate Doc Prep will not be held liable for delays or failures in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, internet outages, or government actions.
23. Notices
Notices to Estate Doc Prep must be sent via certified mail to the following address:
Estate Doc Prep Oscar Vasquez Fillmore, California, USA Phone: 805-290-6044 Website: estatedocprep.com
Notices to you may be sent via email to the address associated with your account. It is your responsibility to ensure your contact information is up-to-date.
24. Acceptance of Website Terms
By using the Estate Doc Prep Website and Software, you agree to the terms outlined in this Agreement and the Website’s Terms of Use. In the event of any conflict between the Website Terms and this Agreement, the terms of this Agreement will govern.
25. Termination
This Agreement may be terminated by either party at any time, for any reason, with written notice to the other party. Termination will occur immediately if:You breach any terms of this Agreement.Estate Doc Prep determines that you are using its products or services improperly or unlawfully.Upon termination:You must immediately cease all use of the Software and Website.Estate Doc Prep may disable your access to the Software and Website without notice.
26. Agreement Modifications and Changes to Products
Estate Doc Prep reserves the right to:Modify or amend this Agreement at any time. Notice of such changes will be provided on our Website.Change, suspend, or discontinue any product or service, including its availability, content, or functionality, at its sole discretion without prior notice or liability.
27. Indemnification
You agree to defend, indemnify, and hold harmless Estate Doc Prep, its officers, directors, employees, contractors, agents, and affiliates from any claims, damages, liabilities, or expenses arising out of:Your breach of this Agreement.Your use or misuse of the products, Software, or Website.Your failure to pay for purchased products or services.Any violation of laws, statutes, or regulations.
28. Entire Agreement
This Agreement represents the entire understanding between you and Estate Doc Prep regarding your use of the products and services. It supersedes all prior agreements, communications, and understandings.No failure or delay by either party in exercising any right under this Agreement shall be construed as a waiver of that right. If any provision of this Agreement is deemed invalid or unenforceable, all remaining provisions will remain in full force and effect.
29. Binding Effect
This Agreement is binding upon and will inure to the benefit of the parties, their heirs, successors, and permitted assigns. You may not assign this Agreement with out prior written consent from Estate Doc Prep.