1. About the NC Estate Plans® Estate Planning Document Platform
The Platform is an online service that automates the generation of Estate Planning Documents based on information that is input into the Platform by a user. NC Estate Plans is not a law firm and may not perform services performed by an attorney. By using the Platform, you are not receiving legal advice from NC Estate Plans. The Platform and Estate Planning Documents are not a substitute for the advice or services of an attorney. The Platform is intended to be used in conjunction with legal services from an Authorized Attorney, as further defined and described below. Those legal services are not provided by NC Estate Plans. The law is different from jurisdiction to jurisdiction and is subject to various interpretations by different courts. The Platform and Estate Planning Documents are only intended be used in the jurisdiction(s) where the Authorized Attorney is providing you with the legal services using the NC Estate Plans® Platform.
2. Who May Use The Platform
3. Legal Services from An Authorized Attorney
If you are an Authorized Client, you represent that you have engaged an Authorized Attorney to provide you with estate planning legal services. The terms of your engagement with the Authorized Attorney are subject to your agreement with such attorney. NC Estate Plans is not providing you with legal services or legal advice. You agree that the information you input into the Platform, and the Estate Planning Documents that are generated based on your information, will be shared with your Authorized Attorney, and you expressly consent to the sharing of such information and documents.
If you are an Authorized Attorney, you have been engaged by an Authorized Client to provide he/she/it with estate planning legal services. The terms of your engagement with Authorized Clients are subject to your agreement with each such client. You will have access to and/or receive information that the Authorized Client inputs into the Platform, and you agree to have access to and/or receive the Estate Planning Documents that are generated based on such information. You agree to use such information and documents solely for the purpose of providing estate planning legal services to the Authorized Client. Your use of such information and documents will be subject to the agreement between you and the Authorized Client and any applicable attorney-client privilege.
4. Fees for Authorized Clients
If you are an Authorized Client, you agree to pay to NC Estate Plans the fees for Estate Planning legal services that are provided to you by your Authorized Attorney (“Fees”). The Fees will be as published in the Authorized Attorney’s then-current Fee Schedule, which may change from time to time. NC Estate Plans will remit to your Authorized Attorney the Fees that are payable to such attorney for its legal services, less any amounts the Authorized Attorney is obligated to pay NC Estate Plans for use of the Platform. Should any Fees be collected for legal services that have not yet been fully performed by your Authorized Attorney, the unearned portion of any such Fees shall be refundable in accordance with the Authorized Attorney’s refund policy.
6. Username and Password
You will only be able to access the Platform through a secure online portal. You will be asked to create a username and password for your own account within the Platform. Any activity on your account will be deemed to be authorized by you, whether you authorized that activity or not. You are entirely responsible for maintaining the confidentiality of your username and password. You may not use a third party’s account, a third party’s username, or a third party’s password at any time. You agree to notify NC Estate Plans immediately of any unauthorized use of your account, username, or password. NC Estate Plans will not be liable for any loss or damage you incur as a result of someone else’s use of your account, username, or password, either with or without your knowledge. You may be held liable for any losses incurred by NC Estate Plans, our affiliates, licensors, service providers, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password.
7. Personal Information
8. Permission to Download and Use Estate Planning Documents
If you are an Authorized Client, NC Estate Plans hereby grants you and your Authorized Attorney permission to download, view, copy and print the Estate Planning Documents for which you have paid the required Fee, and to use such Estate Planning Documents for the Authorized Client’s personal estate planning. You may not sell, license, or redistribute the Estate Planning Documents, or use the Estate Planning Documents or any materials or information available in the Platform for the benefit of any other person or for any commercial purpose.
All right, title and interest in and to the Platform and Estate Planning Documents, including, but not limited to the software, system, services, documents, written materials, forms, templates, letters, reports, tools, videos, other content in any media and/or formats, workflows, processes, strategies, and methodologies, and all intellectual property rights therein, including, but not limited to all patent rights, copyright, trade secret, trademarks, and other proprietary rights of any kind, are owned by NC Estate Plans or its licensors, affiliates, or service providers. Except as expressly authorized, no part of the Platform and Estate Planning Documents may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way. No license is granted under any of NC Estate Plans intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by NC Estate Plans and its licensors, affiliates, and service providers.
10. Restrictions on Use of the Platform
You may only use the Platform as permitted by law, including all applicable federal, state, local or international laws and regulations. Without limiting the foregoing, you may not, for example:
- Probe, scan, or test the security vulnerability of the Platform or any system or network operated by NC Estate Plans;
- Breach any security or authentication measures;
- Use the Platform to derive information for the purposes of developing a system that competes with the Platform;
- Decipher, decompile, disassemble, or reverse engineer any of the software used in connection with the Platform;
- Plant malware or viruses use the Platform to distribute malware or viruses;
- Violate the privacy of others;
- Collect or track the personal information of others;
- Violate any applicable law or regulation;
- Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading;
- Send unsolicited communications, promotions, advertisements, or spam or otherwise infringe on others’ rights;
- Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- Interfere with the access of any user, host, or network, including introducing any virus to, overloading, flooding, spamming, or introducing any other material or content which is malicious or technologically harmful;
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Platform; or
- Attempt any of the above or encourage or enable any other individual to do any of the above.
11. Links to Third Party Sites
The Platform may contain links to websites controlled by third parties (“Third-Party Site(s)”). NC Estate Plans 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. NC Estate Plans makes no guarantees about the content or quality of the products or services provided by such sites. The inclusion of any link to a Third-Party Site is for convenience only and does not imply endorsement by NC Estate Plans, nor does it imply that NC Estate Plans 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. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that NC Estate Plans is not responsible for any loss or damage of any sort you may incur from dealing with a third party.
Any feedback or comments you provide to us or to any other party regarding the Platform, either in response to a request from us or as an unsolicited idea, suggestion, or proposal (collectively, “Feedback”), will be owned by NC Estate Plans and may be used by NC Estate Plans for any purpose without restriction. You agree that your Feedback will not contain: (a) any unlawful, libelous, abusive, or obscene material; or (b) a computer virus or other malware that could affect the operation of the Platform. You agree that you will not (i) misrepresent yourself as someone else; (ii) use a false email address to conceal your identity; or (iii) mislead NC Estate Plans and/or third parties as to the origin of your Feedback. You agree that your Feedback will not violate any third-party rights including copyright, trademark, privacy, confidentiality, proprietary or trade secrets.
13. Representations and Warranties
14. NC Estate Plans’ Warranty Disclaimer
THE PLATFORM IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NC Estate Plans, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS, AFFILIATES, SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. NC ESTATE PLANS IS NOT A LAW FIRM AND IS NOT PROVIDING LEGAL ADVICE TO YOU USE THROUGH PROVISION OF THE PLATFORM OR ANY DOCUMENTS AVAILABLE IN OR PRODUCED FROM USE OF THE PLATFORM. NC ESTATE PLANS PROVIDES NO GUARANTEE THAT THE DOCUMENTS, CONTENT, OR INFORMATION PROVIDED THROUGH THE PLATFORM IS CORRECT, COMPLETE, OR UP TO DATE. NC ESTATE PLANS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER PLATFORM, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
You agree to indemnify and defend NC Estate Plans and its trustees, officers, directors, staff, employees, agents, licensors, service providers, and their respective successors, heirs, and assigns (the “Indemnified Parties”), against any liability, damage, loss, or expense (including reasonable attorneys’ fees and expenses of litigation) incurred by or imposed upon the Indemnified Parties or any one of them in connection with any third party claims, suits, actions, demands, or judgments arising out of any breach of warranty or representation by you.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
- IN NO EVENT WILL NC ESTATEPLANS OR ITS LICENSORS, SERVICE PROVIDERS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE PLATFORM, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT NC ESTATE PLANSWAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. General Terms
20. Contact Information