USER AGREES THAT BY USING INHERITESTATE.COM, ANY APPLICATIONS, AND THE SERVICES USER IS NOT A MINOR AS THEY ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to all customers in the event of a dispute.
InheritEstate.com provides an online portal to give its visitors a general understanding of the international inheritance solutions by working with foreign licensed lawyers. Customer need not download or even license InheritEstate.com software. InheritEstate hosts its software as a back-end service. The Site includes general information on commonly encountered legal issues. The InheritEstate.com Services also include a review of its customers answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time does InheritEstate review its customers answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about anyone’s legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of anyone’s particular situation. InheritEstate.com is not a law firm and may not perform services performed by an attorney in any country. InheritEstate.com, its Services, and its forms or templates are not a substitute for the advice or services of a local licensed attorney.
InheritEstate.com strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, InheritEstate.com cannot guarantee that all of the information on the Site or Applications are completely current. The law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal-tool like the kind InheritEstate.com provides can fit every circumstance. Furthermore, the legal information contained on InheritEstate.com and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if a customer needs legal advice for their specific problem, or if their specific problem is too complex to be addressed by InheritEstate’s tools, the customer should consult a licensed attorney in their local area.
From time to time, InheritEstate.com may perform certain attorney access services and introduce its visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with InheritEstate.com through the performance of any such services.
InheritEstate’s Site and Applications are not intended to create any attorney-client relationship, and the use of InheritEstate.com does not and will not create an attorney-client relationship between anyone and InheritEstate.com. Instead, customers are and will be representing there-selves in any legal matter they undertake through InheritEstate.com’s service.
When customers open an account to use or access certain portions of the Site, Applications, or the Services, customers must provide complete and accurate information as requested on the registration form. Customers will also be asked to provide a user name and password. Customers are entirely responsible for maintaining the confidentiality of their password. Customers may not use a third party’s account, user name or password at any time. Customers agree to notify InheritEstate.com immediately of any unauthorized use of their account, username or password. InheritEstate.com shall not be liable for any losses incurred as a result of someone else’s use of an account or password, either with or without a user’s knowledge. User may be held liable for any losses incurred by InheritEstate.com, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of customer’s account or password.
2. Ownership. This Site and Applications are owned and operated by InheritEstate.com and Foreign Legal Consultant, P.C. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by InheritEstate.com or by its respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by InheritEstate.com, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of InheritEstate.com’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if a User has any questions about obtaining such licenses.
InheritEstate.com does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by InheritEstate.com. Any rights not expressly granted herein are reserved by InheritEstate.com.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than InheritEstate.com (each a “Third Party Site”). InheritEstate.com works with a number of partners and affiliates whose sites are linked with InheritEstate.com. InheritEstate.com may also provide links to other citations or resources with whom it is not affiliated. InheritEstate.com is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party Site or any changes or updates to such sites. InheritEstate.com makes no guarantees about the content or quality of the products or services provided by such sites.
InheritEstate.com is not responsible for webcasting or any other form of transmission received from any Third-Party Site. InheritEstate.com is providing these links to all its Users only as a convenience, and the inclusion of any link does not imply endorsement by InheritEstate.com of the Third Party Site, nor does it imply that InheritEstate.com sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. All Users acknowledge to bear all risks associated with access to and use of content provided on a Third-Party Site and agree that InheritEstate.com is not responsible for any loss or damage of any sort that a User may incur from dealing with a third party. Users should contact the site administrator for the applicable Third-Party Site if they have any concerns regarding such links or the content located on any such Third-Party Site.
License to Use.
InheritEstate.com grants its Users a limited, personal, non-exclusive, non-transferable license to use InheritEstate’s forms (the “Forms”) for the User’s own personal, internal business use, or if the User is an attorney or professional, this applies to its clients. Except as otherwise provided, all Users acknowledge and agree to have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of InheritEstate’s Forms in any manner, except for modifications in filling out the Forms for an authorized use. Users shall not remove any copyright notice from any Form.
Resale of Forms Prohibited.
By ordering or downloading Forms, all Users agree that the Forms purchase or downloaded may only be used by that specific User for their own personal or business use or used in connection with that specific client and may not be sold or redistributed without the express written consent of InheritEstate.com
6. DISPUTE RESOLUTION BY BINDING ARBITRATION
All User should read carefully. It affects all User’s rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling InheritEstate’s Customer Care Center at +1 (888) 227-7944. In the unlikely event that the InheritEstate.com Customer Care Center is unable to resolve User’s complaint to satisfaction (or if InheritEstate.com has not been able to resolve a dispute it has with a User after attempting to do so informally), InheritEstate and User each agree to resolve any and all disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, InheritEstate.com will pay all costs of the arbitration. Moreover, in arbitration the User may recover attorney’s fees from InheritEstate.com to the same extent or more as the User would in court. The arbitrator shall apply the same limitations period that would apply in court.
Under certain circumstances, InheritEstate.com will pay the User more than the amount of the arbitrator’s award and will pay the User’s attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards the User an amount greater than what InheritEstate.com offered to settle the dispute.
All Users may speak with independent counsel before using InheritEstate.com or completing any purchase.
(a) InheritEstate.com and all Users agree to arbitrate all disputes and claims between the parties before a single arbitrator. The types of disputes and claims that InheritEstate agrees to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between both parties, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which one or all users are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to ” InheritEstate.com,” “User” include the parties’ respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between InheritEstate and all its Users. Beneficiaries include, but are not limited to, those named in an estate planning document.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude a User from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against InheritEstate on any and all User’s behalf. User agrees that, by entering into these Terms, User and InheritEstate.com are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to InheritEstate.com should be addressed to: [Notice of Dispute, General Counsel, InheritEstate.com – Foreign Legal Consultant, P.C., 637 Mia Ct, First Floor, Danville, CA – 94526] (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If InheritEstate.com and a User do not reach an agreement to resolve the claim within 30 days after the Notice is received, User and/or InheritEstate.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by InheritEstate.com or User shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which the User or InheritEstate.com is entitled.
User may download or copy a form to initiate arbitration from the American Arbitration Association (“the AAA”) website at https://www.adr.org.
(c) After InheritEstate.com receives notice at the Notice Address that any User has commenced arbitration, it will promptly reimburse the User for the payment of the filing fee, unless the claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If any User is unable to pay this fee, InheritEstate.com will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (Users may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to InheritEstate.com, at https://inheritestate.com/arbitration-information.pdf.) The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless InheritEstate.com and a User can agree otherwise, any arbitration hearings will take place in the county (or parish) of the User’s contact address. If a User’s claim is for $10,000 or less, the User may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the User chooses to proceed either in person or by telephone, InheritEstate may choose to respond only by telephone or submission. If the User’s claim exceeds $10,000, the AAA Rules will determine whether the User has a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which InheritEstate.com was a party. Except as otherwise provided for herein, InheritEstate.com will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of a claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, all Users agree to reimburse InheritEstate.com for all monies previously disbursed by it that are otherwise the User’s obligation to pay under the AAA Rules. In addition, if a User initiates an arbitration in which they seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(d) For claims under $75,000, if, after finding in User’s favor in any respect on the merits of User’s claim, the arbitrator issues User an award that is greater than the value of InheritEstate.com’s last written settlement offer made before an arbitrator was selected, then InheritEstate.com will:
- pay User either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
- pay User’s attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that User’s attorney reasonably accrues for investigating, preparing, and pursuing User’s claim in arbitration (the “attorney’s payment”).
If InheritEstate.com did not make a written offer to settle the dispute before an arbitrator was selected, User and its attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards User any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of InheritEstate.com’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses User reasonably incurred in connection with the arbitration proceeding before InheritEstate.com’s settlement offer.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses that User may have under applicable law. Thus, if User would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding User that amount. However, User may not recover duplicative awards of attorney’s fees or costs. Although under some laws InheritEstate.com may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, InheritEstate.com will not seek such an award, for claims under $75,000.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. INHERITESTATE’S USERS AND INHERITESTATE.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE USER’S OR INHERITESTATE’S INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both User and InheritEstate.com agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither User nor InheritEstate may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, InheritEstate agrees that if any future change to this arbitration provision is made (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which InheritEstate had written notice on the effective date of the change. Moreover, if InheritEstate seeks to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to User and shall not be effective as to disputes which arose prior to the date of termination.
Rights and Responsibilities of InheritEstate.com.
InheritEstate.com is not the publisher or author of the User Content. InheritEstate.com takes no responsibility and assumes no liability for any content posted by a User or any third party.
Although InheritEstate cannot make an absolute guarantee of system security, InheritEstate.com takes reasonable steps to maintain security. If Users have reason to believe system security has been breached, contact InheritEstate by email for help.
If InheritEstate.com’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, InheritEstate.com reserves the right to delete those files or to stop those processes. If the InheritEstate.com technical staff suspects a user name is being used by someone who is not authorized by the proper user, InheritEstate.com may temporarily disable that user’s access in order to preserve system security. In all such cases, InheritEstate.com will contact the member as soon as feasible.
InheritEstate.com has the right (but not the obligation), in InheritEstate’s sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of InheritEstate.com Users or Other Posters of User Content.
InheritEstate is legally and ethically responsible for any User Content – writings, files, pictures or any other work – that a User posts or transmits using any InheritEstate.com service that allows interaction or dissemination of information. In posting User Content, all Users agree not to submit any content:
- that is known by User to be false, inaccurate or misleading;
- that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
- that includes advertisements, spam, or content for which a User was compensated or granted any consideration by any third party;
- that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
- that contains any computer virus, worms, or other potentially damaging computer programs or files;
Attorneys that submit User Content and provide advice do so at their own risk.
Under United States federal law, all Users retain copyright on all works created and posted as User Content, unless User chooses specifically to renounce it. In posting a work as User Content, all Users authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless its owners give permission for such dissemination.
All Users grant InheritEstate.com a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to User. Users have the right to remove any of their works from User Content at any time.
Users are not required to provide their real name when signing up as a user of InheritEstate.com. InheritEstate.com permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in reasonable time.
By submitting an email address in connection with a User’s rating and review, the User agrees that InheritEstate.com may use all Users email addresses to contact Users about the status of their review and other administrative purposes.
9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH USER’S USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, INHERITESTATE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
INHERITESTATE.COM MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET USER’S REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY ALL USERS THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET USER’S EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. INHERITESTATE.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
NOTWITHSTANDING THE ABOVE, INHERITESTATE.COM OFFERS A 30 DAY SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE HERE. THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD INHERITESTATE.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY USER OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF INHERITESTATE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF INHERITESTATE.COM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
11. Unsolicited Submissions. Except as may be required in connection with the User’s use of InheritEstate.com Services, InheritEstate.com does not want any User to submit confidential or proprietary information to InheritEstate through this Site or any Applications. All comments, feedback, information or material submitted to InheritEstate.com through or in association with this Site shall be considered non-confidential and InheritEstate.com ‘s property. By providing such submissions to InheritEstate.com all Users hereby assign to InheritEstate.com, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. InheritEstate.com shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. All Users acknowledge that to being responsible for the submissions of whatever they provide, including their legality, reliability, appropriateness, originality and content.
12. Compliance with Intellectual Property Laws. When accessing InheritEstate.com or using the InheritEstate.com legal document preparation Service, all Users agree to obey the law and to respect the intellectual property rights of others. All Users use of the Service and InheritEstate.com is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. All Users agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. All Users agree to abide by laws regarding copyright ownership and use of intellectual property, and shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content provided or transmitted or that is provided or transmitted using User’s InheritEstate.com user account.
InheritEstate.com has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of InheritEstate.com or of a third party or that violate intellectual property rights generally. InheritEstate.com’s policy is to remove such infringing content or materials and investigate such allegations immediately.
- Notice. InheritEstate.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If any User has evidence, know, or have a good faith belief that their rights or the rights of a third party have been violated and want InheritEstate to delete, edit, or disable the material in question, they must provide the Company with the following information in writing for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact User, such as an address, telephone number, and, if available, email address; (5) A statement that User has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to InheritEstate’s registered Copyright Agent:
c/o Foreign Legal Consultant, P.C.
637 Mia Court, First Floor, Danville, CA, 94526
Send an Email to: [email protected]
- Counter-Notice. If User believes that their Content that was removed (or to which access was disabled) is not infringing, or that User has the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in their Content, they may send a written counter-notice containing the following information to the Copyright Agent: (1) User’s physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that User has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) User’s legal and full name, address, telephone number, email address, a statement that User consents to the jurisdiction of the federal court in Buenos Aires, Argentina, renouncing to any other jurisdiction, and a statement that User will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
14. Compliance with Export Restrictions. User may not access, download, use or export the Site, Applications, or the Materials in violation of any United States or foreign agency or authority export laws or regulations or in violation of any other applicable laws or regulations. User agrees to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. User acknowledges and agrees that the Materials are subject to any United States or foreign agency or authority Export Administration Laws and Regulations and agrees that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Personal Use. InheritEstate.com is made available for all Users personal use on their own behalf.
16. Children. Minors [20 years of age or less] are not eligible to use the Site InheritEstate.com or Applications and they MUST NOT submit any personal information to InheritEstate.com.
17. Non-English-Speaking Customers. Certain materials on the InheritEstate.com site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
18. Customers Needing Additional Assistance. InheritEstate.com aims to provide full access to its website and product offerings regardless of disability. If Users are unable to read any part of the InheritEstate.com website, or otherwise have difficulties using the InheritEstate.com website, please call +1 (888) 227-7944 and a customer care team will assist to the best of their ability.
20. Copyrights. All Site [especially: InheritEstate.com] design, text, graphics, the selection and arrangement thereof, Copyright ©, Foreign Legal Consultant, P.C. ALL RIGHTS RESERVED.
21. Trademarks. InheritEstate, InheritEstate.com, Inherit Estate, the site’s logos, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of InheritEstate.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
22. Attorney Access Services; Use of Term “Experience.” The term “experience” or “experienced,” as eventually used on InheritEstate.com, Applications, and in other communications in reference to third party attorneys participating in InheritEstate.com ‘s legal plans or other attorney access services means that the primary handling partner of each law firm fulfills the following: (a) possesses a minimum of five years’ experience practicing law, (b) maintains errors and omissions insurance policies consistent with industry standards -in many countries in The Americas E&O insurance is not mandatory-, (c) is in good standing with the bar association in each jurisdiction in which the attorney is licensed to practice, (d) has no pending malpractice lawsuit, as of the date of joining one of InheritEstate.com’s legal plans, and (e) has no public record of discipline by an attorney’s bar within the last five years. The term “experience” or “experienced” is not intended to be a comparison to any other attorney’s services or qualifications.
23. Use of Testimonials and Media Endorsements. The media hosts on the Site endorse InheritEstate.com as paid spokespeople in its advertising campaigns.
24. Inquiries. BY USING INHERITESTATE.COM’s SERVICES OR ACCESSING THE INHERITESTATE.COM’s SITE OR APPLICATIONS, ALL USERS ACKNOWLEDGE AND ACCEPT THAT SUBMITTING A TELEPHONE NUMBER TO INHERITESTATE.COM’s VIA THE INHERITESTATE.COM’s SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO INHERITESTATE.COM’s, AND THAT INHERITESTATE.COM’s MAY CONTACT ALL ITS USERS AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
25. Right to Refuse. All Users acknowledge that InheritEstate.com reserves the right to refuse service to anyone and to cancel user access at any time.
InheritEstate.com aka: Foreign Legal Consultant, P.C. is located at 637 Mia Court, First Floor, Danville, CA, 94526.
Updated: August 01, 2019