|
This document is an agreement (the "Agreement") between you and The Insurance Registry of America., a California corporation ("IRA"), that governs your use of IRA's online service (the "Service") for creating and maintaining a record of your estate, financial and life planning information (the "Information") and includes the terms of IRA's privacy policy. The terms described below and the terms of IRA's privacy policy will apply to you if you subscribe to the Service. You agree to accept these terms and the privacy policy if you click on the "I ACCEPT" button below.
MODIFIED TERMS: IRA may from time to time modify these terms or discontinue or revise any or all aspects of the Service by posting a copy of the amended Agreement on this web site or otherwise providing you with notice. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Service. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted.
AGE REQUIREMENT: You must be at least eighteen (18) years of age to agree to and enter into this Agreement on your own behalf and to subscribe for use of the Service. By accepting the terms of this Agreement you certify that you are at least eighteen (18) years of age.
YOUR RESPONSIBILITIES: You agree to treat your user identification ("User Id"), password and/or personal identification number ("PIN") created for this site as strictly confidential and not to share them with unauthorized persons or display them so that others have access to them. You agree that IRA is authorized to provide your Information to any third party accessing the Service using your User ID and PIN. You agree to indemnify and hold IRA and any of its underlying service providers, business partners, information providers, account providers, licensors, officers, directors, employees or agents, harmless from any costs, expenses or damages incurred by any of them in connection with any claims, suits, demands, actions or judgments arising from use of the Service by, or release of your Information to, or use of your Information by, any third party accessing the Service using your User ID and PIN.
TERM, RENEWAL AND PAYMENT: Payment of the subscription fee will permit you to use the Service for a period of one (1) year commencing upon the date of payment and terminating on the anniversary month and day of the first payment (the "Anniversary Date"). IRA reserves the right to discontinue offering the Service to you upon e-mail notice to you at least thirty (30) days prior to any Anniversary Date of any subsequent year.
Each year prior to the Anniversary Date, IRA will notify you by e-mail that your subscription will terminate if not renewed. Payment of the fee then in effect will continue the Service for another year. If payment is not received prior to the Anniversary Date of the subsequent year, your account will be disabled until payment for the next year is received. In the event that IRA does not receive payment within three (3) months of the Anniversary Date, your account and all of your Information will be deleted one (1) year from the renewal Anniversary Date.
You are responsible for providing IRA with a current, active e-mail address to which notices may be sent and for notifying IRA if you do not receive a renewal notice prior to the Anniversary Date. IRA shall have no liability to you, your heirs or any third party for loss of your Information if you do not provide IRA with such an e-mail address or you do not receive any notice from IRA for whatever reason.
Payment for Service will be made in US dollars by a valid credit card accepted by IRA. Amounts paid for the Service or any renewals of the Service are not refundable.
PROPRIETARY RIGHTS: This is an Agreement for Service, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Service or any software, documentation, or data related to the Service ("Software"); remove any proprietary notices or labels from the Service or any Software, modify, translate, or create derivative works based on the Service or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or any Software.
The Service shall be used for your personal purposes only, and you shall not use the Service or any Software any commercial purpose or otherwise for the benefit of a third party.
You acknowledge and agree that the Service and the IRA company names and logos and all related product and service names, design marks and slogans, are the property of IRA or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without IRA's prior written consent. Your use of the Service confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks.
WARRANTY DISCLAIMER: USE OF THE SERVICE AND ANY RELIANCE BY YOU UPON THE SERVICE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. IRA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE ARE PROVIDED "AS IS" AND IRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Service shall be for IRA to use commercially reasonable efforts to adjust or repair the Service or to provide you with a printout of your Information.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL IRA OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "IRA") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF IRA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, IRA IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF IRA TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS: If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
IRA and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind IRA in any respect whatsoever. There are no third party beneficiaries to this Agreement.
The Agreement shall be governed by the laws of the State of California, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Los Angeles County, California. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys' fees.
|