Entrustet Terms of Service

1.1

Your use of Entrustet's products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Entrustet under a separate written agreement) is subject to the terms of a legal agreement between you and Entrustet. "Entrustet" means VirtuWill, LLC d/b/a Entrustet., whose principal place of business is at 30 West Mifflin Street, Suite 406B, Madison, WI 53703, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2

Unless otherwise agreed in writing with Entrustet, your agreement with Entrustet will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".

1.3

Your agreement with Entrustet will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4

The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Entrustet in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".

1.5

If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2.1

The services that Entrustet provides to you are subject to the following Terms of Service ("TOS"). Entrustet reserves the right to update the TOS at any time without notice to you. The most current version of the TOS can be reviewed by clicking on the "Terms of Service" hypertext link located at the bottom of our Web pages.

2.2

This Agreement, which incorporates by reference other provisions applicable to use of Entrustet, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in Entrustet, sets forth the terms and conditions that apply to use of Entrustet by you. By accepting the Terms in the manner described in paragraph 2.4, you agree to comply with all of the terms and conditions hereof. The right to use Entrustet is personal to you and is not transferable to any other person or entity. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any.

2.3

Entrustet shall have the right at any time to change or discontinue any aspect or feature of Entrustet, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2.4

You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Entrustet in the user interface for any Service, or

(B) by actually using the Services. In this case, you understand and agree that Entrustet will treat your use of the Services as acceptance of the Terms from that point onwards.

2.5

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contact with Entrustet, or (b) you are a person barred from receiving the services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.6

Before you continue, you should print off or save a copy of the Universal Terms for your records.

3.1

Entrustet provides you with the necessary resources, including account log in information, to transfer the use and control of various digital assets including important websites, such as email accounts, Twitter, Facebook, MySpace, YouTube, and eBay to a designated beneficiary upon the death or disability of you or to delete digital assets as directed by you.

3.2

The services provided by Entrustet include, but are not limited to, the following:

(A) You enter account information, password, instructions, and designated beneficiary for each website;

(B) Entrustet contacts designated executor to inform him or her that they have been selected by you to assist with the administration of your digital assets;

(C) Upon your death or disability your designated executor OR designated beneficiary will contact Entrustet with proof of death; and

(D) Designated executors are granted information to access your websites.

3.3

The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOS.

3.4

You acknowledge and agree that if Entrustet disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

3.5

You acknowledge and agree that the Services provided by Entrustet are not legal advice and these Terms do not create an attorney-client relationship. Entrustet strives to keep its legal information accurate, current and up-to-date. However, because the law changes rapidly, Entrustet cannot guarantee that all of the information on the Site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Entrustet provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

3.6

You acknowledge and agree that Entrustet's Services may not be permitted or appropriate in your jurisdiction. You further acknowledge and agree that Entrustet's ability to confirm your death is limited depending on the jurisdiction in which you resided and/or died. This is especially true in cases where you are a resident of or died in a country other than the United States.

4.1

You shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Entrustet and all charges related thereto.

5.1

You shall use Entrustet for lawful purposes only. You shall not store, post, or transmit through Entrustet any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Entrustet's express prior approval, contains advertising or any solicitation with respect to products or services. Entrustet' never views any of the information stored on its' system.

5.2

Entrustet contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Entrustet are copyrighted as a collective work under the copyright laws of the United States. Entrustet owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for Your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Entrustet and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that it does not acquire any ownership rights by downloading copyrighted material.

5.3

You shall not upload, post or otherwise make available on Entrustet any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

5.4

The foregoing provisions of Section 5 are for the benefit of Entrustet, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6.1 You agree to use the Communication Services only to store password information, send and messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including email addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.

6.2

Entrustet has no obligation to and will never monitor the Communication Services. However, Entrustet reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Entrustet reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Entrustet reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Entrustet's sole discretion.

6.3

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

6.4

Always use caution when giving out any personally identifiable information in any Communication Services. Entrustet does not control or endorse the content, messages or information found in any Communication Services and, therefore, Entrustet specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Services. Managers and hosts are not authorized Entrustet spokespersons, and their views do not necessarily reflect those of Entrustet

7.1

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

7.2

Accordingly, you agree that you will be solely responsible to Entrustet for all activities that occur under your account.

7.3

If you become aware of any unauthorized use of your password or of your account, you agree to notify Entrustet immediately at http://www.entrustet.com/contact-us/

10.1

In no event shall Entrustet and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

11.1

Entrustet does not claim ownership of the materials You provide to Entrustet (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") Your Submission You are granting Entrustet, its affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their Internet businesses (including, without limitation, all Entrustet Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any supplier of the Services.

11.2

No compensation will be paid with respect to the use of your Submission, as provided herein. Entrustet is under no obligation to post or use any Submission You may provide and Entrustet may remove any Submission at any time in its sole discretion. By Posting a Submission You warrants and represents to own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

11.3

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), You warrant and represent that (a) You are the copyright owner of such Images, or that the copyright owner of such Images has granted You permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) You have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, You are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time You completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time You completely remove such Images. No compensation will be paid with respect to the use of your Images.

12.1

YOU EXPRESSLY AGREE THAT USE OF ENTRUSTET IS AT YOUR SOLE RISK. NEITHER ENTRUSTET, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ENTRUSTET WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ENTRUSTET, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ENTRUSTET.

12.2

ENTRUSTET IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

12.3

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ENTRUSTET IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12.4

IN NO EVENT WILL ENTRUSTET, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ENTRUSTET OR THE ENTRUSTET SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ENTRUSTET. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

12.5

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ENTRUSTET, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ENTRUSTET, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

12.6

PRIOR TO THE EXECUTION OF A STOCK TRADE, YOUS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. ENTRUSTET, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, ENTRUSTET, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

12.7

FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE

13.1

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

13.2

The manner, mode and extent of advertising by Entrustet on the Services are subject to change without specific notice to you.

13.3

In consideration for Entrustet granting you access to and use of the Services, you agree that Entrustet may place such advertising on the Services.

14.1

The Services may include hyperlinks to other web sites or content or resources. Entrustet may have no control over any web sites or resources which are provided by companies or persons other than Entrustet.

14.2

You acknowledge and agree that Entrustet is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

14.3

You acknowledge and agree that Entrustet is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

15.1

Entrustet may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Entrustet will make a new copy of the Universal Terms available at http://www.entrustet.com/terms-of-service and any new Additional Terms will be made available to you from within, or through, the affected Services.

15.2

You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Entrustet will treat your use as acceptance of the updated Universal Terms or Additional Terms.

16.1

Entrustet shall have the right, but not the obligation, to monitor the content of Entrustet, to determine compliance with this Agreement and any operating rules established by Entrustet and to satisfy any law, regulation or authorized government request. Entrustet shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Entrustet. Without limiting the foregoing, Entrustet shall have the right to remove any material that Entrustet, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

17.1

You agree to defend, indemnify and hold harmless Entrustet, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Entrustet by you or your Account.

18.1

Either Entrustet or you may terminate this Agreement at any time. Without limiting the foregoing, Entrustet shall have the right to immediately terminate your Account in the event of any conduct by you which Entrustet, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement.

19.1

This Agreement and any operating rules for Entrustet established by Entrustet constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

20.1

Entrustet its logos are trademarks of VirtuWill, LLC d/b/a Entrustet. All rights reserved. All other trademarks appearing on Entrustet are the property of their respective owners.

21.1

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.

22.1

By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Wisconsin, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Wisconsin, and in the County of Dane. You and Entrustet agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

Any rights not expressly granted herein are reserved.

Entrustet
30 West Mifflin Street
Suite 406B
Madison, WI 53703

Phone: 608-514-1490
Email: info@entrustet.com