EnduringWishes’s Proprietary Rights
Any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics and interactive features generated, provided or otherwise made accessible on or through the Services (collectively, “Content”) are EnduringWishes’ property or that of our suppliers or licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content that you access through the Services. Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for purposes other than using the Services is expressly prohibited without our prior written permission. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. We can, but do not have to, (a) remove, edit or modify any Content in our sole discretion at any time, without notice to you and for any reason (including without limitation if we think you may have violated these Terms or upon receipt of claims or allegations from third parties or authorities relating to such Content) or for no reason at all or (b) to remove or block any Content from the Services.
As a condition of your use of the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all Laws. You also agree to respect the privacy and Secure Information of other users of the Services.
You agree not to, and shall not allow anyone else to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate the distribution of any Content, including without limitation Your Information, on or through the Service, that:
includes anyone else’s identification documents or sensitive financial information;
infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy https://www.enduringwishes.com/dmca-notice);
you know is false, misleading, untruthful or inaccurate;
. impersonates, intimidates or harasses any person or entity, including any of our employees or representatives;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); or
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
In other words: You must comply with the law and this agreement, and you promise not to submit any prohibited or harmful Content. You are further prohibited from violating or attempting to violate the security of the Services or EnduringWishes, Inc.’ other systems or network security, including without limitation the following:
- accessing data not intended for users of the Services;
- gaining unauthorized access to an account, server or any other computer system;
- attempting to or engaging in, directly or indirectly, probing, scanning or testing the vulnerability of a system or network or to breach security or authentication measures;
- attempting to interfere with the function of the Services or the Services’ host or network, including without limitation by submitting, directly or indirectly, any Content or Your Information that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- sending altered, deceptive or false source-identifying information, including without limitation “spoofing” or “phishing”; or
- forging any TCP/IP packet header
In other words: You must not violate or attempt to violate the security of the Services.
Links to Third Party Sites
Payments and Billing
Our pricing structure for the Services vary and Services may be subject to payments at sign up or later in the future.
We accept credit card payments for use of Services through our third-party payment processor, Stripe. The processing of payments will be subject to the terms, conditions and privacy policies of Stripe in addition to these Terms. We are not responsible for Stripe’s error. By choosing to use Services, you agree to pay us, through Stripe, all charges at the prices then in effect for use of such Services and you authorize us to have your credit card charged by Stripe. The terms of your payment may be determined by agreements between you and your credit card company. If we, through Stripe, do not receive payment from you, you agree to pay any amounts due upon demand.
EnduringWishes will bill any fees associated with your use of the Services plus applicable tax to the credit card you provide. By signing up for the Services, you acknowledge that the fees associated with your use of the Services will be automatically billed again on each renewal date thereafter unless and until you cancel your use of and access to the Services. YOU AGREE THAT CONSISTENT RECURRING SUBSCRIPTION FEES MAY BE CHARGED AUTOMATICALLY BY US WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR CREDIT CARD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG INTO YOUR EnduringWishes ACCOUNT, CLICK ON “ACCOUNT SETTING” AND UPDATE YOUR BILLING PREFERENCES.
Payment Information Required
You are responsible for keeping your credit card information current, complete and updated. If your credit card reaches its expiration date, we may attempt to contact you to update your payment information using your primary email address associated with your Account. You agree to promptly notify us and your credit card company if your credit card is canceled (e.g., for loss or theft) or if you become aware of potential breach of security. You agree that we (via Stripe) may continue charging your credit card for the Premium Services unless you have terminated your access to the Premium Services or you tell us to use a different credit card before the end of the applicable billing period. If any fee is not paid in a timely manner, or Stripe is unable to process your transaction using the credit card information you provided for payment, we reserve the right to suspend or terminate your access to the Premium Services.
EnduringWishes may change the fees and charges in effect, or add new fees and charges from time to time, but we will notify you of any such changes in advance through your primary email address associated with your Account. Again, it is your responsibility to keep your contact information and payment information current and updated.
After purchasing a monthly, annual or Lifetime subscription through EnduringWishes or a partner of EnduringWishes, you have 14 days to request a refund. Please be aware, any free trials will be included in the 14-day period. Once the refund is processed and you are not an active EnduringWishes subscriber you will still be able to use all services in our “Free” plan.
Uploaded personal documents to the Digital Vault and items such as your Will will still be available but functionality will be restricted to the services offered in the “Free” EnduringWishes plan. (For example you will only be able to store documents and files up to 1GB and your Will will no longer be available to download.) To request a refund, please contact us. If the refund is approved the refund will be returned to the original payment method within 5 to 10 banking days.
You may cancel your Account and/or your use of and access to the Services at any time by logging into your EnduringWishes and managing your requests from the Account. You will continue to be billed for your use of and access to the Services unless and until you cancel it or we terminate it. You must cancel your use of and access to the Services before the start of a new renewal period to avoid having the next period’s fees billed to your credit card. Again, please note that any charges submitted to or processed by Stripe before we could reasonably act in response to such cancellation will not be affected. EnduringWishes will not issue a refund for the most recently (or any previously) charged fees associated with the Services prior to any such cancellation. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, any licenses to your information provided under this Agreement, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
We have no special relationship or fiduciary duty to you. You release us from all liability for any release of Your Information, including without limitation your Secure Information, including without limitation any sections of your Secure Information marked as only available for release after you are declared dead pursuant to our (a) receipt from you of any instructions or permissions authorizing such release to any other person, including without limitation any person you have authorized or (b) compliance with any Laws.
We use industry standard or superior administrative, physical and technical safeguards to protect the security, confidentiality of your Account and Your Information, including without limitation your Secure Information. Nevertheless, we cannot guarantee absolute security, and no security measures are 100% effective and fool-proof. THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT, INFORMATION, FUNCTION, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, RELIABILITY OF ANY OPINION, ADVICE OR OTHER CONTENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ENDURINGWISHES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE OR THIRD PARTY SITE, OR BY YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED THROUGH A THIRD PARTY SITE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY OPINION, ADVICE, RESULTS, INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE OR OBTAINED THROUGH A THIRD PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, MATERIALS OR OTHER INFORMATION. NO ADVICE, OPINION, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EnduringWishes is Not a Licensed Professional
EnduringWishes IS NOT A LICENSED LAW FIRM, OR FINANCIAL ADVISORY FIRM, AND THE EMPLOYEES OF EnduringWishes ARE NOT ACTING AS YOUR ATTORNEYS, OR FINANCIAL ADVISORS. THE SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED ATTORNEY OR FINANCIAL ADVISOR. EnduringWishes CANNOT AND DOES NOT PROVIDE LEGAL OR FINANCIAL ADVICE. EnduringWishes IS NOT PERMITTED TO ENGAGE IN THE PRACTICE OF FINANCIAL ADVISING. ENDURINGWISHES IS PROHIBITED FROM PROVIDING ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION TO YOU ABOUT (A) LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES; OR (B) ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE FINANCIAL INVESTMENTS OR STRATEGIES.
The information or materials that you obtain or receive from EnduringWishes, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on or through the Services is for informational purposes only. At no time does EnduringWishes review the information you provide us for legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your particular situation. Neither EnduringWishes nor the Services are intended to provide personalized financial or tax advice, and you hereby agree that any information provided to or accessed by you from time to time on or through the Services is not developed or provided by EnduringWishes as investment advice and will not be used or treated by you as investment advice.
You shall defend, indemnify and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from Your Information, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR TO YOUR READ OR WRITE ACCESS DEPUTIES, HEIRS, SUCCESSORS OR YOUR ESTATE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, (II) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICES, (V) EnduringWishes ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM, (VI) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR INFORMATION OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT, (VII) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES OR (VIII) ANY OTHER MATTER RELATING OT THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES (HOWEVER ARISING), EVEN IF ENDURINGWISHES OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.
These Terms shall be governed by and construed in accordance with the laws of the state of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of San Mateo County, California.
We can modify, amend, change or replace any of the terms, conditions or provisions of these Terms, or change, suspend or discontinue the Services (including without limitation the availability of any feature, database or content) at any time by replacing these Terms on the Site and by sending you a notice through the Services via email. It is your responsibility to check these Terms periodically for changes, and to keep your email address current. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes. If you disagree with the new terms, please stop using the Services (but, before doing so, you may want to export and delete your Secure Information and your Account from the Services). In the unlikely event that we discontinue the Services, we will notify you to allow you to export Your Information.
Entire Agreement. These Terms and all other EnduringWishes agreements and policies expressly incorporated by reference, each as may be amended or modified by EnduringWishes in accordance with its terms from time to time, together constitute the entire agreement between you and us and govern your use of the Services, and supersede all prior or contemporaneous communications and agreements of any kind between you and us with respect to the Services. If any incorporated agreements or policies conflict with these Terms, these Terms shall control.
Section Headings. The section headings are for convenience only, shall not affect their interpretation, and shall have no legal or contractual effect. If the terms and conditions of these Terms and the section headings conflict, the terms and conditions of these Terms shall prevail.
Force Majeure. We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failure or degradation.
Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instances does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Assignment. These Terms are personal to you, and you may not assign, transfer or sublicense any of your rights or obligations under these Terms without EnduringWishes’ express prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No Relationship. No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Cancellation and Termination. Again, you may cancel your Account and export and delete your Secure Information at any time. EnduringWishes may also suspend or terminate your Account if you violate these Terms. We may attempt to notify you before suspending or terminating your Account so that you can export or delete your Secure Information, but we reserve the right to immediately suspend or terminate your Account in certain circumstances, such as causing harm to another user, disrupting other users’ use of the Services, or causing EnduringWishes potential legal liability.
Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when (i) receipt is electronically confirmed, if transmitted by facsimile email; (ii) received, if personally delivered or sent by certified or registered mail, return receipt requested; or (iii) the day after it is sent, if sent for next day delivery or recognized overnight delivery service. Electronic notices should be sent by contacting us through our help center at https://www.enduringwishes.com/helpcenter.
Contact: You may contact us at firstname.lastname@example.org or EnduringWishes, Inc. , 44 Portland Street, Fourth Floor,Worcester, MA 01602, USA