Estate Map’s Services allow the User (remember – that’s you) to collect, organize and download or print personal information and materials (“Personal Information”) and, at User’s discretion, to share the Personal Information to recipient or recipients (“Recipient,” ”Recipients,” “Party,” and User and Recipient may be collectively referred to as ”Parties”) and these Terms apply to all Parties. Services are only made available to User (and/or anyone User shares with) under a limited license, the term of which is based on the duration of time in which the Services are made available by Estate Map to User (“License”); and such License is specifically incorporated as part of these Terms. By using the Services, all Parties recognize that the Services may 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 (including Estate Map!) unless directed by User or unless otherwise expressly provided here or 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 ask you to agree to a disclaimer, 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 may provide a means of giving others access to assets or accounts, such access is at the discretion of the User rather than Estate Map, and may or 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 sharing Estate Map with somebody else will not likely trump those legal rights. It is essential that User consult an attorney to coordinate your any sharing 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 as may be shared by a User. 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, endorse, or maintain any Personal Information and, therefore, Estate Map specifically disclaims any liability with regard thereto, as well as to any actions resulting from User’s use of any Services or User’s sharing of his or her Estate Map.
The integrated services of a competent professional or a personal connection may be required to ensure that Personal Information is made available to a Recipient at the time you want. User accepts the risk that, in some instances a Recipient or Recipients may not receive Personal Information and, that Personal Information may never be accessed.
Estate Map does not review, verify, screen, store, maintain, grant, give, loan, or otherwise share any Personal Information or other content entered by User except as is specifically required to allow User access to the Services (such as name and email address). Estate Map is not responsible for and specifically disclaims responsibility for the legality or suitability of material entered by any User including the suitability or legality of material shared by User with any Party other than User. Estate Map does not make any assurances or provide any guarantees with regard to the accuracy of the results or output that derives from downloading, printing, or emailing Estate Map.
Except as otherwise warranted herein, Estate Map hereby disclaims any 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 Personal Information that may be 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 Personal Information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental demand.
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 people accessing other’s private information 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 store your Estate Map safe where nobody can access it unless and until you grant them authority; and (b) never share your Estate Map with anybody you don’t completely and unequivocally trust.
Estate Map’s Services require Users to register with Estate Map and/or to create an account. 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 information secure.
Personal Information may be shared as directed by the User. While User maintains control over his or her Personal Information including whether and with whom such Personal Information may be shared, User specifically acknowledges and agrees that such sharing of Personal Information is at User’s discretion. All Parties consent to allow Estate Map to contact User or User’s representative as deemed necessary to assist Estate Map in providing its Services.
When a Party uses 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 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; (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; (d) conversion of the intellectual property of Estate Map for any commercial purpose.
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.
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.
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 output. 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, or of a party with whom User shares information, 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.
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).
Estate Map reserves the right to modify or update the Terms at any time without notice to User or to any party with whom User has shared Estate Map or any Party or Parties accessing the Services. 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.
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.
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 a Party’s access in the event of any conduct by that Party or any Party 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 equipment needed for access to and use of the Services and all related charges.
Services are the intellectual property of Estate Map and protected under the patent, copyright, and trademark laws of the United States. Any infringement or violation thereof may subject the violator to civil and/or criminal penalties and enforcement. Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, images, video, and graphics (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 written permission of Estate Map. Parties may use copyrighted material 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.
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. 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 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.