Previous Terms of Service
Ethos Estate Planning, LLC (“Ethos Estate Planning”, “we”, “us”, “our” or “Company”) provides online estate planning tools and solutions. These Terms of Service (“Terms”) outline the rules and expectations that apply to you and Ethos Estate Planning and govern your access to and use of the websites, applications (including, our mobile application(s)) and other online products and services provided by Ethos Estate Planning (collectively, our “Services”) . Our goal is to keep them simple and easy to understand. If there’s something you’re not sure about, please reach out to us at support@getethos.com. Please read these Terms carefully as they constitute a legally binding agreement between you and Ethos Estate Planning.
BY USING THE SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS; (2) YOU ARE OF LEGAL AGE AND HAVE LEGAL CAPACITY TO FORM A BINDING CONTRACT WITH US; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 21, DO NOT ACCESS OR USE OUR SERVICES as you are not permitted to do so.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services provided by Ethos Estate Planning. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.
You are permitted to use the Services to (a) create, prepare and execute estate planning documents including but not limited to wills, trusts, powers of attorney, and advance healthcare directives (collectively, “Estate Planning Documents”), (b) list assets in your trust schedule of assets, if you have opted to create a trust, and (c) consolidate and track your financial information in one place designed to allow you to make estate planning decisions.
ETHOS ESTATE PLANNING PROVIDES NO FINANCIAL, INVESTMENT, ESTATE PLANNING, LEGAL OR TAX ADVICE.
You agree that Ethos Estate Planning is not a law firm or an attorney, and does not (i) perform services for you or on your behalf as would be performed by an attorney or (ii) provide you with legal advice or guidance. Our products and services are not a substitute for the advice or services of a licensed attorney. There exists no attorney-client relationship or privilege between you and us. Instead, by using the Services, you are representing yourself in any legal matter you undertake, including any legal matter relating in any manner to your use of the Services. Additionally, you agree that Ethos Estate Planning is not a (i) financial planner; (ii) estate planner; (iii) investment advisor; (iv) legal advisor; or (iv) tax advisor. Neither Ethos Estate Planning nor the Services provide any financial planning, investment, legal, or tax advice, though Ethos Estate Planning does sell insurance products as addressed below.
In relation to the Services, you are solely responsible and liable for any and all financial, estate, tax, investment or legal decisions you make or related agreements to which you become a party. You waive all claims against us for all losses, damages, expenses and similar claims that you may incur because of your financial, estate, tax, investment, legal or other similar decisions, and you agree that we shall not be liable for any such losses, damages, expenses or similar claims.
You represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using our Services; (c) have full capacity, power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; (d) are a US citizen or lawful permanent resident and are not a citizen or resident of any country to which the United States has embargoed goods or services; (e) have not been identified as a “Specially Designated National” by the Office of Foreign Assets Control; (f) have not been placed on the U.S. Commerce Department’s Denied Persons List; (g) will not use our Services outside the United States and (h) do not and will not have more than one account for the Services.
If you are using the Services on behalf of an entity, (a) you represent and warrant that you are authorized to bind that entity to these Terms, (b) that entity agrees to be responsible for you and any other user that accesses the Services on its behalf, including for your and their compliance with these Terms, and (c) all references to “you” will refer to you and that entity, jointly.
You may need to register for an account to access some or all of our Services. You agree to provide accurate account and other information and promptly update this information if it changes. You agree to maintain the security of your account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your authorization. Your username and password are personal to you and may not be shared with any third parties. You are responsible for all activities that occur regarding your account credentials or otherwise under your account.
If you prepare any Estate Planning Documents using the Services, the following terms and conditions apply:
Any documents provided by us or used by us in connection with the Services (including any Estate Planning Documents) are not a substitute for the advice or services of an estate or financial planner, or an attorney. You authorize us to create your Estate Planning Documents via the Services using your information (including, without limitation, that which you provide via the Services). We will create your Estate Planning Documents; however, you agree that you are solely responsible for (a) the information you provide or otherwise make available to us, (b) reviewing the Estate Planning Documents, and (c) ensuring you agree with terms of any Estate Planning Documents before you sign them. You agree that you are solely responsible for independently determining whether the Estate Planning Documents and filing instructions provided by us comply with all applicable laws, regulations and rules.
The requirements for preparing Estate Planning Documents may vary depending on local, state and federal laws, regulations, rules and tribunal’s interpretation(s) in the relevant jurisdictions. We do not guarantee that the information provided by us is completely accurate, current or correct. Because of (i) potential changes in applicable laws, regulations and rules; (ii) variations among and within jurisdictions, and (iii) different interpretations of applicable requirements, you should consult with a licensed attorney in the relevant jurisdiction(s) regarding the Services and the Estate Planning Documents prepared by us. Likewise, if you need legal, investment, or accounting advice for a specific problem, or if your specific circumstances are not addressed by our Services, you should consult a licensed professional in the applicable jurisdiction.
In the event of your death or incapacitation, to the extent applicable, you authorize us to (a) work and communicate with a person authorized to act on your behalf, or with your family member(s) to have your account transition to a “deceased” status and (b) provide access to your Estate Planning Documents to relevant individuals and/or entities (such as your designated executor, trustee, attorney-in-fact, and healthcare agent).
You agree to the following:
Ethos Estate Planning is an online provider of “fill in the blank” forms and general information. We may choose to update these materials from time to time, without notice, but do not make any commitment to do so. We are not a law firm and we do not provide legal advice or represent you in any way (including, without limitation, in any legal capacity).
By using the Services (including, without limitation, our forms) you are not accessing or receiving any attorney services or legal, tax, or accounting advice. The Services, including our app, are not a substitute for the advice of a licensed attorney or other professional.
By using the Services (including, without limitation, our forms) you are not establishing an attorney-client relationship with Ethos Estate Planning or any of its employees, or with an attorney. Any information you provide us is not protected by the attorney-client privilege or attorney work product doctrines.
By using the Services, you assume responsibility to provide and otherwise make available to us correct and up-to-date information. Inaccuracies in information could affect the validity or enforceability of Service deliverables (including, without limitation, the Estate Planning Documents). You will read all Services deliverables prior to signing (i.e., executing) them. You take sole responsibility for the accuracy of your information (including, without limitation, personal information) contained in our documents that you sign. Ethos Estate Planning has no responsibility or liability for the deletion or accuracy of such information; the failure to store, transmit, or receive transmission of such information; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
Each person’s circumstances are different and complex circumstances may require legal advice and representation. It is not possible for the Services to identify any circumstances in which legal representation is appropriate, necessary or desirable. We do not review your Estate Planning Documents or any information you provide or otherwise make available for accuracy or legal sufficiency. We do not draw legal conclusions, provide legal advice or apply the law to your particular circumstances.
You have the obligation to make your own determination as to whether to seek the advice of a lawyer or other professional advisor. We recommend that all Services users review their Estate Planning Documents with a licensed attorney.
Different jurisdictions may have different requirements that may affect the enforceability or validity of Estate Planning Documents, and each jurisdiction’s requirements may change over time. Ethos Estate Planning does not ensure that the documents generated through the Services will be enforceable or valid in all jurisdictions or in every instance. You assume the responsibility to seek legal review of your Estate Planning Documents and other Services deliverables.
In most states, adjudicatory tribunals (including, without limitation, courts) determine guardianship appointments. While a parent’s choice of guardian may be given deference, there is no guarantee that a parent’s choice of guardian will be upheld by an adjudicatory tribunal. We recommend that you seek legal advice to determine how best to address guardianship-related issues.
In most states, adjudicatory tribunals (including, without limitation, courts) determine executor appointments. While your choice of executor may be given deference, there is no guarantee that your choice of executor will be upheld by an adjudicatory tribunal. We recommend that you seek legal advice to determine how best to choose an executor.
You should update your Estate Planning Documents and other Service deliverables as your life circumstances change. It is up to you to determine when you need to update your Estate Planning Documents and other Service deliverables. Failure to do so may affect the validity or enforceability of your Estate Planning Documents and other Service deliverables.
Certain Estate Planning Documents and other Service deliverables may not be valid or enforceable unless you follow detailed and specific steps to execute properly the relevant Estate Planning Documents or other Service deliverables. Failure to precisely follow directions may result in invalid or unenforceable Estate Planning Documents or other Service deliverables. If you have any questions regarding how to execute properly the relevant Estate Planning Documents or other Service deliverables, you should seek the advice of a licensed attorney.
Certain Estate Planning Documents, including, without limitation, will and trust documents, can have financial and tax consequences. We do not guarantee that any Estate Planning Documents (including, without limitation, will and trust documents) will be ideal for any situation or that they are appropriate for you. We recommend that you seek legal or other professional advice to determine what specific tax or financial planning is best for you.
Executors, guardians, trust creators and trustees should consult with a licensed attorney to determine their legal rights and obligations under Estate Planning Documents and applicable requirements. Certain Estate Planning Documents may create financial and tax consequences for executors, guardians, trust creators, trustees, heirs and beneficiaries.
If you purchase Insurance Policies using the Services, the following terms and conditions apply:
We may work with certain third party partners, including insurance carriers, underwriters and reinsurers in connection with the Insurance Policies (“Partners”). If applicable, you authorize us, subject to our Online Privacy Policy to: (a) provide you insurance quotes based, in part, on your personal information (b) submit your application for the Insurance Policies you choose to purchase, (c) process such application, (d) work with and communicate with our Partners to the extent necessary to permit you to purchase such Insurance Policies, (e) pay any insurance premiums for the Insurance Policies obtained through the Services, and (f) receive any compensation that any Partner agrees to pay us in connection with the provision of the Services. If applicable, we will only share such compensation with other duly licensed persons. Additionally, you designate us as your agent or broker of record in connection with all Insurance Policies you purchase through the Services and authorize us to communicate such designation to our Partners or anyone else who we believe needs such information. Any insurance-related material described on or provided through the Services is provided for informational purposes only and you should refer to the actual insurance policy for complete details of coverage of a particular insurance policy. The Insurance Policies described on the Services may not be available in all states or other jurisdictions and may have restrictions, limitations and terms regarding coverage. A policy’s approval is not guaranteed and is subject to underwriting factors such as your personal health history and the specific underwriting guidelines of the Partner issuing the policy.
Any recommendations we provide to you in connection with Insurance Policies are based on information you provide to us, are provided for your personal consideration and education only and are not a substitute for professional advice. Further, the amount of insurance coverage you need may differ from what we recommend depending on information we did not request of or obtain related to you. You have the sole obligation to determine what Insurance Policies to purchase and whether to accept these recommendations.
The Services may permit you to enable and/or direct us to communicate and share with any person or entity you add to the Services or authorize to have access to and/or receive your Estate Planning Documents (each, a “Contact”). For example, if you designate a Contact as the trustee of your trust, the Services may automatically send that Contact a message notifying them of your designation and asking them whether they accept such designation. You may also share your Estate Planning Documents with your Contacts through the Services (e.g., you may share your will with your designated beneficiaries or your attorney). You are solely responsible for all communications and sharing that you make, direct and/or that you authorize us to make with your Contacts.
Sometimes we may link to other companies or services, like an article, reference, referral, social media content, or promotion. We cannot guarantee these links as we don’t manage content which is not on our websites or mobile applications, and links can change after they’re posted. We aren’t responsible for the practices of the sites or services to whom we link, including any of the content they show you. And, those sites are not acting or governed by our policies. The information you may share with any third parties, like the sites and services we may link to, are controlled by them and their site policies and terms. You understand and agree that we don’t have control of those sites and we are not responsible if you give any third-party access to your data. You own any risk yourself for sharing information or viewing content on other sites. You are solely responsible for your purchasing decisions and if you choose to visit any third party websites, you may be subject to additional or different terms and conditions and privacy policies.
Also, if any of the Services provided to you contain an open-source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case, the open source provisions will apply.
The Services may permit you to sync third-party accounts with the Services in a manner designed to permit us to retrieve your information that is maintained online by such third parties (“Third-Party-Stored Account Information”). By using the Services, you authorize us to access and obtain your Third-Party-Stored Account Information and you authorize such third parties to disclose your Third-Party-Stored Account Information to us. When you desire to provide or otherwise make available Third-Party-Stored Account Information through the Services, you will be directly connected to the website for the third party you have identified. We will submit your information including, without limitation, usernames and passwords that you provide to log into the Services. You hereby authorize and permit us to use your information to obtain and retrieve and to configure the Services so that they are compatible with the third party sites for which you submit your information. You understand and agree that any third party accounts and sites are not provided by us and we are not responsible for any Services-related issues arising from or in connection with such third party accounts or your Third-Party-Stored Account Information. You agree to keep your Third-Party-Stored Account Information up to date and accurate.
In order to use certain aspects of the Services, the Services may allow you to provide, create, post, store, submit, upload, and share (a) certain personal information about yourself and your Contacts, including your and their names, birthdates, state of residency, role (e.g. beneficiary, trustee, etc.), financial and estate planning information, information you provide to us about your health or life status, such as health conditions or treatments, whether you are tobacco user, whether you have ever been pregnant, etc., and other details about yourself and your Contacts, (b) Third-Party-Stored Account Information, and (c) other information, material, content, profiles, documents, lists, messages, and/or photos. The content described in clauses (a), (b) and (c) of the previous sentence are collectively, “User Content”. As between you and Ethos Estate Planning, you retain all rights in and to your User Content, subject to the license grant below.
You grant Ethos Estate Planning and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name or username provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post, upload, submit or otherwise share User Content on or through our Services, you understand that your User Content may be displayed publicly and shared, including with your Contacts and any other person or entity who you designate via the Services.
You acknowledge that our use of User Content is subject to our Online Privacy Policy.
You represent and warrant that you have the right to provide us the User Content and that we have the right to use such User Content as described in these Terms. You agree not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
You agree not to violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct, while accessing or using our Services. Without limiting the foregoing, you agree not to:
engage in any harassing, threatening, intimidating, predatory or stalking conduct;
use or attempt to use another user’s account without authorization from that user and Ethos Estate Planning;
use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
develop or use any third-party applications that interact with our Services without our prior written consent;
use any data mining, robots or similar data gathering or extraction methods; or
use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You agree that you will only post or otherwise share User Content that you have all necessary rights to disclose. You agree not to create, post, store or share any User Content that:
is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
impersonates, or misrepresents your affiliation with, any person or entity;
contains any unsolicited promotions, political campaigning, advertising or solicitations;
contains any private or personal information of a third party without such third party’s consent;
contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Ethos Estate Planning or others to any harm or liability of any type.
© 2023 Ethos Estate Planning, LLC. All rights reserved. Ethos Estate Planning and all of our logos and designs are trademarks and/or service marks of Ethos Estate Planning, LLC, a Delaware limited liability company. You may not use our images or logos without first getting consent from us in writing.
Everyone who uses our Services should respect intellectual property laws and the rights of Ethos Estate Planning. If there appear to be any issues with our Services or if you have any concerns, you may send us questions. We will work quickly to look into your question and will remove material if we determine third party copyrighted material is displayed without Ethos Estate Planning holding a license to do so. Your notice must follow the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and all regulations promulgated, each as amended (Notice Requirements), and/or the specific requirements of the Digital Millennium Copyright Act of 1998 (DMCA), whichever applies. If you inappropriately report a violation, infringement, or ownership of a copyright, you may be liable for damages (including reasonable costs and attorneys’ fees).
Ethos Estate Planning’s name, logos, designs, business processes, and our Services (the “Ethos Estate Planning Content”) are protected by intellectual property rights including copyright, trademark, trade secret, and other laws of the United States. Our Terms don’t give you any license to use any of our intellectual property, other than as necessary to use our Services and to assist you in purchasing insurance products we make available to you.
You agree to honor our ownership rights related to our Services and the rights of the other parties whose intellectual property is included in the Services. You will not misuse Services or any third party intellectual property used along with the Services. You may not copy or reproduce any of the Services in any form or by any means; you may not rent, sell, lease, grant, modify, distribute, or create derivative works based on the Services. You will not trespass, bypass, interfere with, disrupt any host or network systems, burden the network capacity, overload, flood, spam, mail-bomb, infect, or install or send a virus, spyware, or any other malware or Trojan horse of any kind, or in any other way disrupt the proper operation of the Services.
You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and Ethos Estate Planning Content for your own personal use; however, such license is subject to these Terms and your compliance with these Terms, and does not include any right to (a) sell, resell or commercially use or otherwise exploit our Services or Ethos Estate Planning Content; (b) copy, reproduce, distribute, publicly perform or publicly display Ethos Estate Planning Content, except as expressly permitted by us or our licensors; (c) modify the Ethos Estate Planning Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Ethos Estate Planning Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Ethos Estate Planning Content other than for their intended purposes as described in these Terms. Except as explicitly set forth herein, we are not granting you any right, title, license, or interest in the Services. Any use of our Services or Ethos Estate Planning Content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will automatically terminate the license granted in these Terms.
Any questions, comments, suggestions, testimonials, ideas, original or creative materials or other information you submit about Ethos Estate Planning, our website, or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Ethos Estate Planning. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By using our Services, you (a) agree that all communications from us relating to products and Services may be provided or made available to you electronically by email, and/or on our mobile applications or websites and (b) consent to receive emails, and other electronic communications from us. These communications may include notices about your account (e.g., password changes and other transactional information), as well as communications provided as part of the Services or for marketing purposes, and are part of your relationship with us. You consent to being provided with any notices, disclosures, information, and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act (“E-Sign“). Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that we may be required to provide to you. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You further agree that checking or clicking a box, clicking “accept” or “agree” (or another similar word) on our website, or responding via telephone keypress constitutes your signature and will have the same binding effect as a physical wet signature.
You agree that you have the ability to access, view, store, download, and print communications, documents, and hyperlinks we deliver or make available to you electronically through your computer or on your mobile device. You can find apps that support printing and saving electronic communications using your mobile device’s app store. If your mobile device does not have this functionality, you must access the Services through alternate means that provide you with the capability to print and save communications.
You may withdraw your consent to electronic communications and to use an electronic signature at any time. If you do withdraw your consent, from that time forward you may be unable to use the Services, and your account may be closed. To withdraw your consent of doing business electronically, please send us a written notice by email (estateplanning@getethos.com) or U.S. Mail (5001 Plaza on the Lake, Suite 305, Austin, TX 78746 Attn: Legal).
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Ethos Estate Planning, each of our subsidiaries and affiliates, or our licensors and Partners and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Ethos Estate Planning Parties”) from and against any loss, liability, claim, demand, damages, fines and any related expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services, including the generation and use of Estate Planning Documents; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with our Services; or (f) any violation by you of any federal, state, or local laws, statutes, rules, or regulations. You agree to promptly notify the Ethos Estate Planning Parties of any third-party Claims, cooperate with the Ethos Estate Planning Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees, costs and expenses). You also agree that the Ethos Estate Planning Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Ethos Estate Planning or the other Ethos Estate Planning Parties.
WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE USE OF THE SERVICES, INCLUDING THE GENERATION AND USE OF ESTATE PLANNING DOCUMENTS AND ANY AND ALL SOFTWARE INCLUDED THEREIN, WHICH IS PROVIDED “AS-IS”. YOU USE OUR SERVICES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, AT YOUR OWN RISK. WE DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current or error-free. We do not take on or assume any responsibility for any harm, loss, or corruption to you, your computer, or your data (or any third party data or computer) from your use of our Services. You assume the entire risk as to the quality and performance of the Services. Additionally, you acknowledge that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services. Some states may not allow for these limitations of liability. If you live in one of these states, then these warranties will be limited and the limitation on liability will be $100.00 in the aggregate for any and all claims.
IN NO EVENT SHALL (I) WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND (II) OUR LIABILITY FOR ANY AND ALL CLAIMS BROUGHT OR DAMAGES INCURRED BY YOU OR ANY THIRD PARTIES SHALL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID BY YOU TO US DURING THE LAST YEAR PRIOR TO THE DATE SUCH CAUSE OF ACTION ARISES.
YOU ACKNOWLEDGE THAT (I) THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE REASONABLE AND THAT THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN YOU AND US (AND OUR AFFILIATES), AND (II) WE AND YOU HAVE RELIED UPON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO AUTHORIZE YOU TO USE THE SERVICES. THE REMEDIES PROVIDED TO YOU IN THE TERMS ARE EXCLUSIVE. Some states may not allow for these limitations of liability. If you live in one of these states, these limits don’t apply to you, and the maximum liability for any of these violations will be $100.00 in the aggregate for any and all claims.
THE TERMS AND YOUR USE OF THE SERVICES WILL BE GOVERNED BY TEXAS LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES.
You agree that these are the Terms for your use of the Services, and you have not entered into any other agreement related to your use of the Services. We haven’t and don’t create any third party beneficiary rights by the Terms. If we waive or fail to enforce any of the Terms, it doesn’t waive our right to enforce the Terms against you or someone else in the future. You may not assign any rights granted by the Terms to any third party, and any attempt to do so will be null and void. We may assign the Terms to any affiliate, subsidiary, or any acquirer of substantially all of the assets or capital securities of Ethos Estate Planning. If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect, and we will substitute a replacement enforceable term reflecting our intent as closely as possible.
To the fullest extent permitted by applicable law, you release Ethos Estate Planning and the other Ethos Estate Planning Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. To the extent you are a California resident, you expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Ethos Estate Planning and limits the manner in which you can seek relief from us.
You and Ethos Estate Planning agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Ethos Estate Planning each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Ethos Estate Planning agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation of this section.
A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Unless you and Ethos Estate Planning agree otherwise, the arbitration will be conducted in Austin, Texas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Ethos Estate Planning submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Ethos Estate Planning will not have the right to assert the claim.
We may make changes to these Terms from time to time. If we make changes, we will provide you notice by posting the amended Terms to our Services and updating the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or by providing notice through our Services. Unless we say otherwise in our notice of changes, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services at any time. Without limiting the foregoing, we may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The Services are only intended for use by persons located in the United States. If you choose to access the Services from outside the United States, you do so at your own risk and you are responsible for compliance with all local laws. Additionally, all or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services.
If you downloaded the Services from the Apple App Store, the following terms also apply to you:
Acknowledgement: You acknowledge that this Agreement is between you and Ethos Estate Planning only, and not with Apple. Ethos Estate Planning, not Apple, is solely responsible for the Services and the content thereof.
Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on a Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the AppleApp Store.
Maintenance and Support: Ethos Estate Planning and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Warranty: Ethos Estate Planning is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Ethos Estate Planning’s sole responsibility.
Product Claims: Ethos Estate Planning, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Ethos Estate Planning, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact Info: Direct any questions, complaints or claims by mail to: Ethos Estate Planning, LLC, 5001 Plaza on the Lake, Suite 305, Austin, TX 78746, or by email: estateplanning@getethos.com
Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Services.
Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
Our premium upgrade bonus offer may be valid for existing qualifying users who successfully refer a new Ethos Estate Planning user. The premium upgrade bonus is one Ethos Estate Planning Plus upgrade, when the bonus criteria are met, from our inventory of available incentives for this offer. The Ethos Estate Planning Plus membership is limited to its feature set at the time of the award. Ethos Estate Planning may change the features and pricing of Ethos Estate Planning Plus at any time. The bonus may be awarded for one year or longer at our discretion. Ethos Estate Planning displays the odds of winning the bonus and how the odds improve when certain actions are taken. The potential for winning the bonus will be credited only if the invitation is sent through the Ethos Estate Planning platform. If awarded, the bonus will be credited to the qualified user’s account within one week. Any bonus not claimed within 30 days may expire. The bonus has no cash value. Ethos Estate Planning reserves the right to change the offer terms or terminate the offer at any time without notice. The offer is limited to one per user. The offer is not transferable, saleable, or valid in conjunction with certain other offers and is available to U.S. residents only, excluding Puerto Rico, the U.S. Virgin Islands and other territories. The Company may decline requests to enroll in the offer its our discretion. Other restrictions may apply.
The following provisions are applicable to North Carolina residents:
You may contact us to request blank templates of an Estate Planning Document prior to finalizing your purchase of the applicable document.
The disclaimers of warranties and limitations of liability set forth herein will not apply to you.
These Terms will not be construed to limit your recovery of damages or other remedies.
These Terms will not be construed to require you to agree to jurisdiction or venue in any state other than North Carolina for resolution of disputes between you and Ethos Estate Planning.
We strive to monitor, detect, and prevent transactions that may involve fraud, money laundering, terrorist financing, or other illegal activity and to report applicable situations as may be required by law. We reserve the right to deny Service to anyone where we have a reasonable suspicion of violations of any applicable law.
These Terms constitute the entire agreement between you and Ethos Estate Planning relating to your access to and use of our Services. The failure of Ethos Estate Planning to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Last Updated: Jan 17, 2023