The Service is owned and operated by leafplanner, Inc., which we refer to as “we,” “us,” and “our” throughout these Terms. References to “you” and “your” refer to you as a visitor to and user of the Service.
PLEASE READ THESE TERMS CAREFULLY. BY VIEWING, BROWSING, DOWNLOADING, INSTALLING, AND/OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND ARE LEGALLY BOUND BY THEM.
Because of changes in technology and practices, these Terms may change from time to time. We will post any changes we make to these Terms on this page, but it is your responsibility to check these Terms for updates. You can see when these Terms were last updated by referring to the date at the top. By using the Service after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them.
Registration and Account Creation.
You can browse our website without creating an account, but to use certain features of the Service and to become a leafplanner customer you will need to create an account. In creating an account, you will be required to provide certain information, and you will also be required to establish unique login credentials for your account. Once you choose or are provided with login credentials for the Service, you are responsible for treating them as confidential, and for restricting access to the Service and any device through which you access the Service (“Device”). You agree to accept responsibility for all activities that occur under your login credentials, even if you are not the person who undertakes such activities. This includes any unauthorized access to and/or use of your leafplanner account or your Device.
You agree that the information you provide to us at registration and at all other times, including all representations, warranties and agreements made by you in these Terms, are and will at all times be true, accurate, current, and complete.
If you need to update or change any information provided to us, you may do so by accessing your account through the Service.
Service Payment Terms.
When you become a leafplanner customer, you will be charged for our service in accordance with our payment terms, which may vary depending on the plan and scope of features you select.
The Service may contain the option for you to purchase certain of leafplanner’s products and services. The applicable fees (and any applicable discounts, if available), license or subscription period, renewal opportunities, and permitted payment methods (e.g., credit or debit, ACH transfer, etc.) will be specified in the Service at the time of order. All purchases are final and there will be no refunds, credits, or cancellations except as otherwise expressly disclosed at the time of purchase, indicated by leafplanner in writing, or as may be required under applicable law. All transactions are void where prohibited by law. leafplanner may request further information from you in order to confirm the order and method of payment. leafplanner reserves the right to terminate or suspend access to the Serivce or any related license, subscription, product, or service if you fail to pay any amounts when due. You shall reimburse leafplanner for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified herein, all payment obligations with respect to amounts due to leafplanner in connection with the Service shall survive the expiration or termination of these Terms for any reason.
Upon placing an order, You agree to pay using the payment methods indicated and grant authorization to leafplanner and/or the applicable third party payment-processor to charge your selected payment methods. leafplanner and/or the applicable third-party payment processor shall charge, and you shall be responsible for, all taxes, tariffs, levies, or duties applicable to your payment, excluding taxes applied against leafplanner’s net income. Unless otherwise expressly indicated at the time of purchase, all transactions listed through the Service are denominated in U.S. dollars. You are responsible for: (a) the accuracy of all credit and debit card information or other payment method information that you provide to us; and (b) maintaining the confidentiality and security of your account information, including without limitation with respect to payment methods. You should not disclose your payment information to anyone. If your account information is lost or stolen, anyone who obtains possession of either could utilize the payment methods associated with your account. You are responsible for all transactions on your account, including unauthorized transactions.
- License Grant. Subject to these Terms, we grant you a limited, non-exclusive, and non-transferable license to download, install, and use the Service for your personal, non-commercial use.
- Restrictions. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any of these restrictions is prohibited by applicable law).
- Reservation of Rights. You acknowledge and agree that the Service is provided to you under a license, and is not sold to you. You therefore do not acquire any ownership interest in the Service or any rights to use the Service other than in accordance with the license and these Terms. We reserve and shall retain our entire right, title, and interest in and to the Service.
- Your Representations. By accessing, downloading or otherwise using the Service, You represent that you (a) are at least 18 years old, (b) have the legal capacity to enter into these Terms, and (c) have not been previously suspended or removed from using the Service.
The term “content” refers to any information, ideas, opinions, text, images, graphics, photos, audio, video, audio, location data, and all other forms of data or communication. The term “Customer Content” refers to all content uploaded, posted, shared, or otherwise made available through the Service by you as a leafplanner customer.
The leafplanner Service allows our customers to upload, store, and manage Customer Content for purposes of estate planning and information management. You are in control of what Customer Content you choose to maintain in leafplanner. By providing any Customer Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, display, and store your Customer Content in order to provide you with the Service.
So that we may attempt to maintain a secure environment, you agree that you will not, under any circumstances related to your use of the Service:
- use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including any laws governing intellectual property and other proprietary rights, data protection, and privacy;
- use the Service to promote, advocate, or assist in any illegal activity;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, access any accounts of other users of the Service, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
- download, install or activate the Service on any Device that is not owned by you or that you do not have express permission to use;
- collect any data using the Service from a Device that is not owned by you without the knowledge and written consent of the owner;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service; or
- intentionally interfere with or damage operation of the Service or any other party’s use of the Service by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Without limiting those obligations, you understand and agree that you are only permitted to use the Service for its intended purpose, in compliance with these Terms.
Third Party Materials; Interaction with Social Media.
The Service may display, include, or make available third-party content (such as data, information, applications and other products, services and/or materials) or provide links to third-party websites or services (“Third Party Materials”). Third Party Materials, and links to any Third Party Materials, are provided solely as a convenience to you, and we are not endorsing any Third Party Materials. You acknowledge and agree that we are not responsible for any Third Party Materials, including their accuracy, completeness, quality or other aspects, and your use and access of any Third Party Materials is solely at your own risk and is subject to the terms and conditions and policies applicable to the Third Party Materials.
Updates and Changes to the Service.
We may, from time to time in our sole discretion, develop and make available updates to the Service, such as upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete certain features and functionality associated with the Service. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. In the event of an Update, depending on your Device settings, when your Device is connected to the internet, the Service may automatically download and install all available Updates, you may receive notice of or be prompted to download and install available Updates, or you may need to search for and download available Updates through the Device’s app store. You agree to promptly download and install all Updates, and understand that the Service may not function properly if you do not. You also agree that all Updates are a part of the Service, and these Terms will govern any Updates.
Communications from Us.
By creating a leafplanner account, you agree to receive certain communications from us in connection with the Service. We may be required to notify you in order to communicate with you about the Service. In addition, we or our affiliated companies might email you with promotional offers made available in connection with the Service.
Ownership; Proprietary Rights.
The Service is owned and operated by us. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other content and elements of the Service provided by us (the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
All Materials contained on the Service are the property of us or our affiliated companies and/or third-party licensors. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any Materials without our prior express written consent. You are permitted to use view, print, or download any Materials solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive and non-transferable license to view, print, and download Materials solely for such limited permitted use. Any unauthorized use of the Materials immediately and automatically without further action terminates this license.
You may not download, republish, retransmit, reproduce, or use in any other way any image on the Service as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the Service).
The “leafplanner” name and all related names, logos, product and service names, designs and slogans are trademarks of ours. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, “hidden text” or other equivalents using our trademarks or any other colorable equivalent without our prior written authorization. You also may not remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Service. Any attempt by you to take any such action is a violation of our rights.
References on the Service to any third-party products or services by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by or thereof, or any affiliation therewith, by us.
Monitoring and Enforcement; Termination.
We have the right to:
- Monitor any use of the Service for compliance with these Terms;
- Take any action with respect to any use of the Service as we deem necessary or appropriate in our sole discretion, including if we believe that such use violates these Terms, threatens the personal safety of users of the Service or the public, or could create liability for us or any third party;
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Service; and
- Terminate or suspend your access to all or part of the Service if you violate any of these Terms.
However, we cannot and do not undertake responsibility for any other party’s compliance with these Terms. Accordingly, we assume no liability for any actions of any user of the Service or any other third party.
The license granted by these Terms may be terminated:
- By you, by terminating your account and ceasing use of the Service; or
- By us, at any time or without notice for any reason or not reason, including if we cease supporting the Service or if you violate any of these Terms.
Upon termination, all rights granted to you under these Terms will terminate, and you will be required to cease all use of the Service and delete all copies of the Service from your Device. Following termination, you may no longer have access to any of the information associated with your account or with the Service, including any Customer Content submitted through the Service.
You agree to indemnify, save, and hold us, our affiliated companies, contractors, employees, agents and our third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, and any breach of the representations, warranties, and covenants made by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Disclaimers; No Warranties.
- No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- “As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY MATERIALS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
- Functionality. WITHOUT LIMITING THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR OMISSIONS WILL BE AVAILABLE.
- No Liability for Third Parties. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES, INCLUDING USERS OF THE SERVICE, IN CONNECTION WITH THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR OTHERWISE RELATED TO USE OF THE SERVICE AND/OR SUCH PRODUCTIS AND SERVICES OFFERED THROUGH THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR FAILURES TO ACT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY FAILURE OF ANY THIRD PARTY TO COMPLY WITH THESE TERMS. YOU HEREBY VOLUNTARILY WAIVE AND RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
- Limitation. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Applicability of this Section. YOU EXPRESSLY ACKNOWLEDGE THAT “WE”, WHEN USED IN THIS SECTION, INCLUDES OUR AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, MEMBERS, AGENTS, SUPPLIERS, LICENSORS, CONTRACTORS, AND THIRD-PARTY PARTNERS.
Limitation of Liability and Damages.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, MEMBERS, AGENTS, SUPPLIERS, LICENSORS, CONTRACTORS, OR THIRD-PARTY PARTNERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ANY CONTENT, SERVICES, OR MATERIALS AVAILABLE THROUGH THE SERVICE, FOR:
- ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER); AND
- DIRECT DAMAGES IN AMOUNTS THAT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO US TO USE THE SERVICE.
THE ABOVE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Third Party Materials. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY THIRD PARTIES OR OTHERWISE BY THIRD PARTIES OTHER THAN US.
Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE SERVICE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Important Legal Matters.
- Governing Law and Jurisdiction. All matters relating to the Service and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Disclaimer. The information provided by us on our website and in our application does not, and is not intended to, constitute legal, financial, insurance or any other form of advice; instead, all information, content, and materials available from us is for general informational purposes only. Information provided by us may not constitute the most up-to-date legal, financial, insurance or other information.
You should contact your attorneys, financial and insurance consultants, and other experts and advisors to obtain advice with respect to any particular situation. No leafplanner reader, user, or browser should act or refrain from acting on the basis of information provided by us without first seeking appropriate advice from a relevant advisor in the relevant field and jurisdiction. Only your individual advisors can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, leafplanner does not create an attorney-client or other fiduciary relationship between you and us, or our authors or contributors.
- Waiver of Trial by Jury; No Class Action. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT PERMITTED