Living Escrow

LivingEscrow.com has designed this Website to facilitate ease of use and maintain confidentiality of its users’ information. LivingEscrow.com (“LivingEscrow” or the “Website”) is governed by the Privacy Policy (link to Privacy Policy) concerning online data collection, usage policies and practices through services and technology provided by LivingEscrow, Inc.

 

LivingEscrow Terms of Service

The terms and conditions set forth below, as amended from time to time (“Terms”), govern the use, in any manner, of this Website are legally binding on you. If you do not agree with any of these Terms, do not access or otherwise use this Website and/or the Services or any information contained on the Website. Your use of LivingEscrow and/or the Services on this Website shall be deemed to be your agreement to abide by each of the Terms set forth in this Agreement. You agree that LivingEscrow may make changes to the Terms and Services it offers at any time without notice. LivingEscrow will post updated version of these Terms on the Website and advises users to regularly review these Terms. Your continued use of LivingEscrow and/or the Services on the Website shall constitute your continuing consent to the Terms.

 

Use of LivingEscrow

Unless specified otherwise, your use of LivingEscrow is governed by this Agreement and the LivingEscrow Privacy Policy, which is incorporated herein. Modifying, distributing, transmitting, reproducing, publishing, licensing, transferring, or selling any information, products or services obtained or viewed on the Website is prohibited. You may display, download, or print hard copies of any material contained on the Website for your own personal, non-commercial use, provided you do not modify the content or delete any copyright, trademark, or other proprietary marks or notices. Any other use of the information contained on the Website is prohibited without express advance written consent from LivingEscrow.

 

LivingEscrow offers these Services for use by individuals seeking a secure location for you to store vital information regarding your estate. This information can include insurance information, bank account information, information regarding online accounts, or can even provide instructions on where to find personal assets which you have hidden away.

 

General Use Restrictions

All information, documents and Services provided on LivingEscrow, including trademarks, logos, graphics and images (“Materials”) are provided to you by LivingEscrow. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

LivingEscrow grants you the limited license to display the Materials only on your personal computer, and to copy and download the Materials displayed on the Website, provided that: (1) all trademark and/or copyright notices (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded; and (2) such display, copy or download is

solely for your personal and/or internal business purpose as an Employer. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license shall terminate automatically, without notice, if you breach any of these Terms. Upon termination of your license, LivingEscrow shall have all legal rights available to it including the removal of your postings from the Website and/or discontinuance of all Services with or without cause. Upon any termination of this limited license, you agree to immediately cease using LivingEscrow and/or the Services.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of LivingEscrow and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) access an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Website and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Website and/or the services, forge any of the header information in any posting, tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for LivingEscrow and/or the Services, or (f) overwhelm or disable LivingEscrow or the services or interfere with the access and use of LivingEscrow and/or the Services by any other user. If LivingEscrow becomes aware of any of the foregoing activities, LivingEscrow may take such actions it deems appropriate. Your continued use of LivingEscrow and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions stated in this Agreement. Without limiting the generality of foregoing, you acknowledge that LivingEscrow expressly prohibits, and you agree not to:

 

  • Provide any false or misleading information about your identity;
  • Use the Services and/or LivingEscrow to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person;
  • Harass, stalk, or otherwise subject any other user of LivingEscrow to unwanted and/or inappropriate contact;
  • Use LivingEscrow, the Services and/or Materials for any purpose other than that described on the Website by LivingEscrow;
  • Make unsolicited communications and/or advertise any products or services with any user;
  • Take any action that imposes an unreasonable or disproportionately large burden on LivingEscrow’s infrastructure;
  • Intentionally expose LivingEscrow to any computer virus or any other program or code intended to disrupt or disable to operations of LivingEscrow;
  • Use any robot, spider or other program or device to retrieve or index any portion of LivingEscrow;
  • Harvest or otherwise collect information about other users for any purpose other than use of LivingEscrow and/or the Services; and/or
  • Publish fake or irrelevant content.

 

Account Registration and Password Protection

Prior to accessing certain Services on the Website, LivingEscrow will require you to set up a user name and password (the “Password(s)”) in the account registration procedures posted on LivingEscrow. You agree to comply with the procedures specified by LivingEscrow from time to time regarding obtaining and updating Passwords for LivingEscrow and the Services. You agree to assume sole responsibility for the security of Passwords. Passwords are subject to cancellation or suspension by LivingEscrow at any time, including upon the misuse of any and the re-issuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform LivingEscrow immediately in writing of any actual or potential unauthorized access to a Password or to the Website and/or the Services.

 

Notices, Updates & Email Communications from LivingEscrow

LivingEscrow will periodically send email communications to you regarding updates to the Website and Services, new features, scheduled maintenance, alerts, holiday wishes and amendments to these Terms of Use and the Privacy Policy. You agree to accept such email communications and acknowledge that such communications are necessary to the orderly operation of LivingEscrow and the Website.

 

Third Party Content

Third parties may provide certain information and content to LivingEscrow (“Third Party Content”). The Third Party Content is, in each case, the protected work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. LivingEscrow disclaims all warranties and conditions with regard to Third Party Content, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

Links To Third Party Sites

LivingEscrow may provide links to other websites or resources over which LivingEscrow does not have control (“External Websites”). Such links do not constitute an endorsement by LivingEscrow of those External Websites. You acknowledge that LivingEscrow is providing these links to you only as a convenience, and further agree that LivingEscrow is not responsible for the content of such External Websites. Your use of External Websites is subject to the terms of use and privacy policies, as applicable, stated the External Websites.

 

Privacy Policy

Your use of the Site is governed by the LivingEscrow Privacy Policy that is available at http://www.LivingEscrow.com/privacy (“Privacy Policy”).

 

Content

You acknowledge that you are responsible for the information and material that you input or upload to LivingEscrow (“Content”), and that you, and not LivingEscrow, will have full responsibility for such Content, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Content provided by you in connection with LivingEscrow are provided on a non-proprietary and non-confidential basis. LivingEscrow agrees to use your information in accordance with LivingEscrow ‘s Privacy Policy applicable to personally identifiable information. You retain ownership of any copyrights or other intellectual property rights applicable to any information you submit to LivingEscrow. Notwithstanding the foregoing, you hereby assign to LivingEscrow all right, title and interest in and to any new feature that you may suggest or submit to LivingEscrow and you acknowledge and agree that LivingEscrow may use such suggestion in any manner, including, without limitation, to develop features for LivingEscrow.

 

Trademarks & Copyrights

The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of LivingEscrow or others used on LivingEscrow are the property of LivingEscrow or their respective owners. You may not remove or alter any Trademark, or use any trademark displayed on LivingEscrow without the express prior written permission of LivingEscrow or the respective owner, and nothing contained on LivingEscrow grants by implication, waiver, estoppels or otherwise, any right to use such Trademarks. All of the Materials appearing on LivingEscrow and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of LivingEscrow, Copyright © 2015, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner

 

Indemnification

You hereby agree to indemnify and hold LivingEscrow and its subsidiaries, affiliates, shareholders, officers, directors, agents, advisors, co-branders, partners, and employees harmless from any and all claims, demands, expenses, actions, judgments and awards, (including attorney’s fees, costs and settlement costs), made by any third party due to or arising out of your (a) use of LivingEscrow, the Website, the Services, and Materials in any manner whatsoever, (b) breach of this Agreement, (c) violation of any laws, rules or regulations.

 

Disclaimer of Warranty

You acknowledge and agree that LivingEscrow and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by LivingEscrow, and agree that LivingEscrow does not warrant the accuracy or timeliness of any content on the Website and further agree that LivingEscrow has no liability for any errors or omissions in such content, whether provided by LivingEscrow or its licensors.

LivingEscrow makes no representations, warranties, or guarantees as to the quality, suitability, truth, accuracy or completeness of any content contained on the Website and/or the Services, including without limitation the Materials and any Third Party Content. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Website and/or the Services and any information or Materials contained on the Website is provided to you on an “as is” and “where-is” basis, and is for personal use or internal business use only. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed.

 

Limitation of Liability

You expressly understand and agree that LivingEscrow shall not be liable to you or any third party for any direct, indirect, incidental, special, consequentional and/or exemplary damages included but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if LivingEscrow has been advised of the possibility of such damages), to the fullest extent permitted by law. Your sole remedy under this Agreement is the cancellation of your account. If applicable law does not permit such limitation, the maximum damages to which you may be entitled will be equal to the amounts you pay to LivingEscrow, if any. You hereby Release LivingEscrow from any and all obligations, liabilities, and claims in excess of the limitations set forth in this section. The negation of damages set forth herein is a fundamental element of the basis of the bargain between you and LivingEscrow and LivingEscrow would not provide you with access to the Website or its Services without such limitations.

 

Injunctive Relief

You agree that any unauthorized use of the Website and/or the Services would result in irreparable injury to LivingEscrow for which money damages would be inadequate. In such event, LivingEscrow shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you and/or any unauthorized user. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory, or other claims that LivingEscrow may have under separate legal authority.

 

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Tampa, Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach thereof by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Tampa, Florida, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and LivingEscrow and governs your use of the Website and/or the Services, superseding any and all prior and/or contemporaneous agreements between you and LivingEscrow. This Agreement is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties and/or obligations here under is void at its inception. To the extent that anything in or associated with the Website and/or the Services conflicts or is inconsistent with this Agreement, this Agreement shall control. The failure by LivingEscrow to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.

 

Availability of LivingEscrow

LivingEscrow is generally available to users Twenty-Four (24) hours per day, Seven (7) days per week, Three Hundred Sixty-five (365) days per year. However, LivingEscrow retains the right to make our Website unavailable at any time for a reasonable length of time for maintenance. By using LivingEscrow, you agree that LivingEscrow will not be liable for any damages arising out of or related to any such interruption, suspension, or termination of the Website and/or Services.