Last updated 09/22/2020

AGREEMENT TO TERMS

These Terms of Use become a legally binding agreement that has been made by you whether personally or as a representative of an entity (“you”) and Find Probate, LLC. (“Company”, “us”, “we”, or “our”) as it regards your access to the FindProbate.com website and use of the site along with other mobile websites, applications and media channels that are related to the Site or otherwise connected to it. By accessing the site, you agree that you have read, understand and agree to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental documents or terms and conditions which may be posted on the Site on occasion are expressly incorporated by reference herein. Using our sole discretion, we have the right to make changes or modify the Terms of Use at any time and for any reason. We will provide an alert to you about any changes we make by updating the date for Last Updated on these Terms of Use. You waive any other rights to receive a specific notice of these changes. You have the responsibility to review these Terms of Use to be aware of any updates. You are subject to any changes in the revised Terms of Use and will be determined to have accepted such changes by continuing to use the Site after the revised Terms of Use have been posted.

The information included on the Site is not intended to be distributed or used by any person or entity in any country or jurisdiction where the use or distribution would be opposite the law or regulation regarding that country or jurisdiction or where registration would be required in that country or jurisdiction. The persons who choose to access the Site from other locations are singularly responsible for complying with local laws and access the Site from their own initiative.

INTELLECTUAL PROPERTY RIGHTS

Unless it has been indicated otherwise, the Site is our proprietary property along with all source code, databases, software, audio and video, text and photographs, graphics, website designs and functionality on the Site, which is collectively known as “Content” and trademarks, service marks and logos, which are known as the “Marks” and are owned or controlled by us and licensed to us. They are protected by trademark and copyright laws and international conventions. The Content and Marks are included on the Site “AS IS” for your personal use and information only. Except where expressly mentioned in these Terms of Use, no portion of the Site or Content or Marks may be copied, reproduced, republished, posted or uploaded, aggregated, displayed publicly, translated, encoded, distributed, transmitted, sold or licensed or otherwise used for any commercial purpose in any way without first receiving our express written permission.

As long as you are eligible to use the Site, you are provided a limited license to access the Site and to use it and download or print a copy of any area of Content for which you have gained proper access only for your personal use, which is non-commercial. We reserve all rights that have not been expressly granted to you and to the Site, Content and Marks.

USER REPRESENTATIONS

By using the Site, you warrant that: (1) you have the legal ability and agree to comply with all these Terms of Use; (2) you are not considered a minor in the jurisdiction or country where you reside; (3) you will not access the Site through non-human methods or through automation, such as script or bot; (4) you will not use the Site to aid in any illegal or unauthorized activities or purposes; and (5) your use of the Site will not violate any applicable laws or regulations.

We have the right to suspend or terminate your account and refuse any future use of the Site if you provide us with information that is false, inaccurate, incomplete or outdated.

FEES AND PAYMENT

We accept the following forms of payment: Visa, MasterCard, Discover, and American Express.

You may be required to pay a fee or purchase access to some of our services. You agree that you will provide us with a current account information that is complete and accurate for all purchases you make to the Site. You also agree that you will update all account and payment information changes promptly. This includes payment method and payment card expiration date as well as email address, so that we can continue to contact you and complete the transactions as needed. We bill you through an online billing account for purchases made via the Site. We may change the prices for our services at any time. All payments are made in U.S. dollars.

You agree to pay all fees and charges at the prices which are in effect at the time of the purchase, and you authorize us to charge your chosen payment provider for any such amounts at the time of your purchase.

We reserve the right to correct any errors or mistakes made in pricing, even if we have received or requested payment. We also reserve the right to refuse any order that is placed through the Site.

CANCELLATION & REFUNDS

You may cancel your subscription at any time by logging into your account. Your cancellation will become in effect when the current paid term ends. All sales are final. We do not offer refunds on subscriptions or digital goods.

If you are not satisfied with our services, you can email us at [email protected].

PROHIBITED ACTIVITIES

You are not allowed to use or access the Site for any purpose other than for which we have made the Site available. The Site may not be used with any commercial purposes unless they have been specifically approved and endorsed by us.

You agree to sue this website only for purposes which are lawful. You further agree to not upload, post, share, transmit or otherwise provide availability for any content that:

• Is abusive, unlawful, harmful, threatening, obscene, offensive, lewd, defamatory or objectionable in any other way;
• May infringe upon the privacy rights, intellectual property rights, rights of publicity, or other proprietary rights of others;
• Might violate federal, local or international law, or rules of any securities exchange, either by intention or unintentionally, or;
• Contains any viruses, cancelbots, time bombs, or other disruptive or harmful computer code, program or file that has been created, modified or designed to interrupt, limit or destroy the functionality of computer hardware or software or telecommunications equipment;

You also agree not to:

Make a reproduction, copy or modification or to market, display, distribute, transfer, sublicense, prepare adaptions or derivatives of any portion of the Services or Information and Content retrieved therefrom or to sell, exchange, barter, transfer or make available in any other form or means except as it is allowed by the express limited Permitted Uses;

Disrupt, disable or place unreasonable burdens on, interfere with, or attempt to gain unauthorized access to any portion of the Services as well as the computer systems, networks and servers;

Post or provide false information that you are aware of to be misleading or false, as well as false information about yourself or attempt to impersonate another person or to attempt to mislead others about your identity, your affiliation with other persons or entities, or to falsify or mislead the origin of any message, content or communication;

Post, upload, transmit, share or make available in any way any unsolicited advertising, unauthorized solicitations, “spam”, “junk mail”, “chain letters”, “pyramid schemes”, promotional materials, or other forms of solicitation, duplicated messages or bulk emails;

Use any manual or automated process to gather, collect, harvest, or extract information about other users or visitors to the Site or Services, or to extra data in a systematic way;

Use the Services to gather information to be used for transmitting unsolicited bulk email for commercial use over the Internet to others who are users of the Services or to third parties. Email sent to users of the Services or through the computer systems of the Services and to other third parties which contain forged headers or invalid headers, domain names which are invalid or non-existent, and other deception in addressing is deemed to be counterfeit. Sending or attempting to send any counterfeit communication by email to or through the systems of this service is strictly prohibited.

Any attempt to provide access to or use any part of the Services through a service bureau or timesharing system or through any other technology that exists currently or is developed in the future, except that which is specifically permitted in writing;

Redistribute any Information and Content in any manner, which includes printed publications, web pages, email, faxes, web newsgroups or forums, or though any other electronic or paper-based method or service without limitation, and sent to any person, organization or other entity, including your own organization, excepted for approved limited Permitted Uses;

Use any Information and Content for a competitive purpose;

Present any Information and Content or otherwise cache, archive, scrape, frame, or mirror any part of the Services within other websites, expect with express written permission;

Remove, alter, or in any other way obscure notices of Find Probate, LLC. intellectual property rights present on the Site or in the Services, including without limitation copyright, patent notices, trademark,

Copy, decompile, disassemble, reverse engineer, or otherwise reduce the software of the Services or any network monitoring or discovery software to determine the architecture of the computer or network, except by permission from mandatory rules of laws that are applicable and cannot be disapplied by contract;

Remove, defeat, disable or make any changes to the functionality or appearance of the Services or alter with intention the format in which the data is provided or to attempt to circumvent the regular interfaces of the Services to such data;

Embed or import any data that has been provided in or through the Services to any other information services, whether it is web-based.

USER GENERATED CONTRIBUTIONS

The Site does not allow or offer the opportunity for users to post or submit content. We may provide the opportunity for you to create, post, submit, display, transmit, publish, perform, distribute or broadcast content or other materials to use or for the Site, which may include but not be limited to text, audio, video, other writings, graphics, photographs, comments, suggestions and/or personal information or other material which is referred to collectively as “Contributions”. Contributions may be seen by other users of the Site as well as third parties. As such, all Contributions you transmit may be treated in accordance with the Privacy Policy of the Site. When you create or provide in any way any Contributions, you are thereby warranting and representing that:

1. The creation, distribution, performance, public display and transmission as well as the ability to access, download or copy your Contributions do not infringe on proprietary rights, which include but is not limited to patent, copyright, trademark, trade secret or the moral rights of any third party.
2. You are the creator and owner of the Contributions or have the necessary rights, consents, licenses, releases, and permissions to use the Contributions and to authorize us as the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and allowed by these Terms of Use.
3. You have the written consent or release, and permission of each individual person who may be identified to use the name and likeness of each such person to include and use in your Contributions in any manner as allowed by the Site and Terms of Use.
4. Your Contributions are not inaccurate, misleading or untrue.
5. Your Contributions are not unsolicited or unauthorized advertising, spam, mass mailings, promotional materials or other forms of solicited material.
6. Your Contributions are not violent, lewd, obscene, filthy, harassing, slanderous, libelous, or objectionable in any other way as determined by us.
7. Your Contributions do not mock, intimidate, ridicule or abuse or disparage any other person.
8. Your Contributions do not advocate for the violent overthrowing of any government, and do not incite physical harm or in any way encourage or threaten harm against another person.
9. Your Contributions do not violate any applicable rule, law or regulation.
10. Your Contributions do not violate the privacy or publicity rights of any person or third party.
11. Your Contributions do not contain material that provides or solicits personal information from any person who is under the age of 18 or exploits those who are minors under the age of 18 in a violent or sexual manner.
12. Your Contributions do not violate any laws that are applicable to child pornography or any laws that are designed to protect the well-being and health of minors.
13. Your Contributions do not include materials that are offensive to others regarding race, gender, sexual preference, national origin or physical disability.
14. Your Contributions do not otherwise violate or contain links to other materials that violate any provisions of these Terms of Use or any applicable regulation or law.

Any use of the Site that violates the Terms of Use may result in termination or suspension of your rights to use the Site, among other consequences.

CONTRIBUTION LICENSE

You and the Site agree that we are allowed access to any information and personal data that you provide according to the terms of the Privacy Policy and may store, process and use such information, along with your choices of settings.

Upon your submission of suggestions and other feedback regarding the Site, you allow us to use and share such feedback for any purpose without providing any compensation to you.

We do not assert or claim any ownership to your Contributions. You remain the full owner of the Contributions you provide along with any property rights or other proprietary rights which may be associated with your Contributions. We also are not liable for any statements or representations which are provided by you in your Contributions on the Site. You are the sole responsible party for the Contributions your provide to the Site, You expressly agree to exonerate us from all and any responsibility regarding the Contributions you provide and to refrain from taking any legal action against us.

SUBMISSIONS

You provide acknowledgment and agreement regarding any comments, questions, ideas, suggestions and feedback regarding the Site, which are known as “Submissions” and provided by you become our sole property and are not considered confidential. We own the exclusive rights, along with intellectual property rights, and are entitled to unrestricted use of these Submissions along with any dissemination of them for any lawful purpose, commercial or otherwise used, without providing an acknowledgment or compensation to you. You waive your moral rights to any such Submissions and warrant that these Submissions were original to you or you have the right to submit them. You agree that you will not take recourse against us for any infringement of any proprietary right or misappropriation of your Submissions.

SITE MANAGEMENT

We reserve the right without any obligation to: (1) monitor the Site for violations of the Terms of Use; (2) take appropriate legal action for violation of the Terms of Use or the law at our sole discretion. This includes without limitation, reporting the user to law enforcement authorities; (3) we may refuse or restrict access to and disable or limit the availability of Contributions in full or in part based on our sole discretion; (4) we may remove from the Site at our sole discretion or disable any and all files or content at are excessive in size or cause a burden to our systems, and (5) otherwise manage the Site in such a way that protects our rights and property while providing a functional Site.

TERMS AND TERMINATION

These Terms of Use shall remain in full force and effect as long as you use the Site. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE TERMS OF USE, WE RESERVE OUR RIGHT TO DENY ACCESS TO THE SITE AND USE OF THE SITE, AS WELL AS BLOCING CERTAIN IP ADDRESSES UPON OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY FOR ANY REASON OR FOR NO REASON. THIS INCLUDES FOR BREACH OF ANY WARRANTY, REPRESENTATION OR COVENANT IN THESE TERMS OF USE OR FOR ANY APPLICABLE LAW OR REGULATION WITHOUT LIMITATION. WE MAY TERMINATE YOUR USE OF THE SITE OR DELETE ANY INFORMATION OR CONTENT THAT HAS BEEN POSTED BY YOU AT ANY TIME AT OUR SOLE DISCRETION AND WITHOUT WARNING.

If we choose to suspend your account or terminate it for any reason, you are prohibited from creating a new account and registering it under your name or a borrowed or fake name or the name of a third party even if you act on behalf of another entity. Along with termination or suspension, we reserve the right to take appropriate legal action, which may include civil, criminal and injunctive redress without limitation.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to make changes or modifications or to remove the content of the Site at any time and for any reason without notice at our sole discretion. We have no obligation to update any information that is included on the Site. We also reserve the right to make modifications or discontinue all or part of the Site without notice. We are not liable to you or third parties for any price changes, modifications, suspensions or discontinuation of the Site.

We do not provide a guarantee that the Site is available at all times. The Site may experience hardware, software or other problems, or it may be necessary to perform maintenance for the Site, which could result in interruption and delays as well as errors. We reserve the right to modify, revise, updated, discontinue, suspend or otherwise change the Site at any time without a reason or without notice to you. You agree that we are not liable whatsoever for any inconvenience, loss or damage caused by the lack of accessibility of the Site during the downtime or discontinuation of the Site. Nothing in these Terms of Use will obligate us for maintenance and support of the Site or to supply any updates, releases or corrections therewith.

GOVERNING LAW

These Terms of Use are to be governed by the laws of California (United States) and defined by such laws and you provide irrevocable consent that the courts of California have exclusive jurisdiction for resolution of any dispute that may arise related to these terms.

DISPUTE RESOLUTION

Informal Negotiations

To expedite the resolution of any dispute and to control any claim or controversy which is relates to these Terms of Use (each a “Dispute” and collectively known as “Disputes”), which are brought about by either us or you (known individually as “Party” or collectively as the “Parties”), the Parties agree that they will first attempt negotiation for any Dispute (except for those Disputes, which have been expressly named below) informally for a minimum of 30 days before moving to arbitration. These informal negotiations are to be commenced upon written notice from one Party to the other Party.

Restrictions

The Parties agree that arbitration is to be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration may be joined with any other proceeding; (b) there is nor authority or right granted for any Dispute to be arbitrated as a class-action procedure; and (c) no authority or right exits for any Dispute to be brought on behalf of the general public or for other persons in a purported representative capacity.

Exceptions to Informal Negotiations and Arbitration

The Parties provide agreement that the following Disputes are not subject to the above listed provisions for informal negotiations and binding arbitration: (a) any Disputes that may seek to protect or enforce or determine the validity of any intellectual property rights of a Party; (b) any Dispute related to or which arises from allegations made concerning piracy, theft, unauthorized use or invasion of privacy; and (c) any claim for injunctive relief. Neither Party will elect to arbitrate any Dispute that is found to fall within the part of the provision which is determined to be illegal or unenforceable. In such case, the Dispute will be decided by a court of competent jurisdiction, which is within the courts listed for jurisdiction above. Both Parties agree to submit to the jurisdiction of that court.

CORRECTIONS

Information on the Site which contains inaccuracies, omissions, or typographical errors, including pricing, descriptions, availability or other information may be corrected. We reserve the right to make these corrections without providing prior notice at any time.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-AVAIALBLE AND AS-IS BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. THIS MAY INCLUDE WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A SPECIFIC PURPOSE. WE PROVIDE NO REPRESENTATIONS OR WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE CONTENT OF THE SITE OR ANY OTHER WEBSITES WHICH HAVE BEEN LINKED TO THE SITE. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY (1) ERRORS, INACURRACIES, OR MISTAKES OF CONTENT OR OTHER MATERIALS, (2) PERSONAL INJURY OR DAMAGE TO PROPERTY WHICH RESULTS FROM YOUR ACCESS TO THE SITE AND SUBSEQUENT USE, (3) ANY UNAUTHORIZED ACCESS TO OUR SECURE SERVERS OR USE OF ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR LOSS OF TRANSMISSION TO OR FROM THE SITE, (5) ANY VIRUSES, BUGS, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO THE SITE OR THOUGH THE SITE BY OTHER THIRD PARTIES, AND /OR (6) ANY ERRORS OR OMISIONS FOR ANY MATERIALS OR CONTENT OR FOR THE DAMAGES OR LOSSES INCURRED BECAUSE OF THE CONTENT POSTED OR MADE AVAILBLE IN ANY WAY FROM THE SITE. WE DO NOT MAKE ANY WARRANTIES, ENDORSEMENTS, GUARANTEES OR PROVIDE ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY OR OTHERWISE PROVIDED BY THEM THROUGH THE SITE OR A HYPERLINKED WEBISTE AS WELL AS FEATURED BANNERS AND OTHER ADVERTISING. WE WILL NOT BE IN ANY WAY RESPONSIBLE OR A PARTY TO MONITORING TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OF SERVICES OR GOODS. USE YOUR BEST JUDGEMENT AND CAUTION WHEN PURCHASING ANY PRODUCT OR SERVICE AS WITH ANY MEDIUM.

NO ATTORNEY-CLIENT PRIVILEGE

Information that you obtain on the Site is not to be considered legal advice. You should consult an attorney for your individual situation to receive legal counsel or advice. We welcome your communication through calls, email, and letters and invite you to contact us in your preferred method. When you visit this site or contact us, it does not create an attorney-client relationship. Do not send any confidential information to us until an attorney—client relationship has been created and established.

LIMITATIONS OF LIABILITY

IN NO SITUATION WILL WE OR OUR AGENTS, EMPLOYEES OR DIRECTORS BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES. THIS INCLUDES ANY LOST REVENUE OR PROFITABILITY OR LOSS OF DATA AND ANY OTHER DAMAGES THAT MAY ARISE AS A RESULT OF YOUR USE OF THE SITE EVEN IF WE HAVE BEEN MADE AWARE OF THE POSSIBILTY OF THESE DAMAGES. OUR LIABILITY TO YOU FOR ANY CUASE AND REGARDLESS OF THE ACTION TAKEN WILL BE LIMITED AT ALL TIMES TO THE LESSER OF THE AMOUNT PAID BY YOU TO US, IF ANY. SOME US STATE LAWS AND INTERNATIONAL LAWS DO NOT PROVIDE LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUDE OR LIMIT CERTAIN DAMAGES. YOU MAY HAVE ADDITIONAL RIGHTS IN THESE LAWS APPLY TO YOU, AND SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to hold us harmless, defend and indemnify us and our affiliates, subsidiaries, and respective agents, officers, partners and employees from any damage, loss, liability, demand, and claim. This includes reasonable attorney fees and expenses, which may be made by a third party or arise from (1) use of the Site; (2) breach of the Terms of Use; (3) breach of your representations and warranties which have been put forth in the Terms of Use; (4) your violation of the rights belonging to a third party, which may include intellectual property rights but not limited to those rights; or (5) any overtly harmful act toward another user of the Site, which you were able to connect with through the Site. At your expense, we reserve the right to assume the exclusive control and defense of any matter for which we may be indemnified. You agree to be cooperative at your own expense with our defense. We will use reasonable effort to notify you of a claim or action with is subject to the indemnification once we have been made aware of it.

USER DATA

We maintain certain data provided by you to the Site to manage the performance of the Site along with data that relates to your use of the Site. We perform regular backups of data; however, you are the sole responsible party for any data you transmit or that relates to activities you have taken while using the Site. You agree that you will not hold us liable for any loss of such data or for its corruption, and you waive any right to action against us which may arise from such loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Electronic communications may be defined as sending emails to us, completing online forms and visiting the Site. You provide your consent to receive electronic communications and agree that all notices, agreements and other communications which are provided to you by us electronically satisfy any legal requirements that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AS WELL AS TO THE ELECTRONIC DELIVERY OF POLICIES, NOTICES AND RECORDS OF TRANSACTIONS WHICH ARE INITIATED OR COMPLETED VIA THE SITE OR BY US. You waive any rights and requirements from any rules, regulations, statutes, ordinances, or other laws in any jurisdiction which may require original signatures, retention of non-electronic records, delivery of such records or to payments or credit other than through electronic methods.

MISCENLLANEOUS

These Terms of Use and all operating rules and policies which are posted on the Site by us constitutes the entire agreement between you and us. Any failure of ours to enforce a right or exercise our rights on these Terms of Use are not to be considered a waiver of such a right or provision. These Terms of Use operate to the fullest extent which is allowed by law. We have the right to assign any, all or part of our rights and obligations to another party at any time. We are not to be held responsible or liable for a loss, delay, damage or failure to act due to a cause which is beyond our reasonable control. If any portion of the Terms of Use or provision is deemed to be unlawful, unenforceable or void, it may be severed from the Terms of Use without affecting the validity of the remaining provisions. No joint venture, partnership or employment is created between you and us because of the use of the Site or from these Terms of Use. You agree that these Terms of Use will not be taken against us by having them drafted. You also waive any defense you might have based on the electronic form of the Terms of Use and the lack of a signature by the Parties to execute the provisions in the Terms of Use.