The Agreement
PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE. This is a legal agreement (the "Agreement") between you ("You" or "Your") and KMCB LLC ("KMCB") regarding Your use of this website and related non-legal services (collectively, the "Website"). By using the Website, You represent and warrant that: a. You have read and understood, and agree to be bound by this Agreement b. You have read and understood, and agree to be bound by KMCB's Privacy Policy (the "Privacy Policy"). c. You are 18 years old or older, and that d. You are otherwise legally qualified to enter into contracts under applicable law. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, PLEASE LEAVE THE WEBSITE.
Changes
KMCB may, at any time and without further notice, revise this Agreement or the Privacy Policy by posting an amended version on the Website. Any changes will be effective immediately upon posting. Unless KMCB obtains Your express consent, any revised Privacy Policy will apply only to information collected by KMCB after such time as the revised Privacy Policy takes effect.
Informational Purposes Only
KMCB provides content on the Website for information purposes only. KMCB hereby grants You a nonexclusive license to download and display the Website in your browser solely for Your personal, non-commercial use. The website does not contain or constitute, and should not be interpreted as, legal advice or opinion.
No Attorney-Client Relationship
Your use of the website does not create an attorney-client relationship between you or any law firm or attorney. The attorney-client relationship will only be established once the law firm agrees to accept you as their client, and you execute and return to the law firm their Retainer Agemment and Retainer fee.
No Attorney-Client Privilege
Because KMCB is not a law firm or attorney, information provided by you to KMCB is not protected by the attorney-client privilege.
Sending Your Submitted Information to a Law Firm
When information is submitted by you through this website, we forwarded to the designated law firm on your behalf. The designated law firm is who provides any requested estate planning service. By submitting information through this website, You are authoriizing KMCB to forward your information to the law firm to be used in providing estate planning services for you. Once your information has been forwarded to the law firm it will be maintained by us for an indefinite period of time in case questions of data integrety arise.
Communications Made to Third Parties by Means of the Website; Share this Page Feature
You acknowledge that any communications sent by You to third parties by means of the Website (for e.g. through a "tell-a-friend" form), whether by email or otherwise, are not private, and such communications may be read by third parties with or without your knowledge. Further, You agree that the content of any communications that you send to third parties by means of the Website shall be non-confidential and non-proprietary. KMCB reserves the right to use such communication for any purpose. The "Share this Page" feature of the Website allows you to share information about KMCB and EstatePlansDirect.com by sending emails containing links to certain Website pages. If You choose the "Send this Page" feature, or similar feature, KMCB may automatically send an email on Your behalf to the indicated recipient. Your name and email address will appear in the "From" line of such email, while the "Subject" line and body of the email message will explain the email's contents.
Prohibited Uses
You represent and warrant that You will not use the Website to: a. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party; b. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content; c. Violate this Agreement, the Privacy Policy or any applicable law or regulation, including without limitation laws designed to regulate unsolicited email or other electronic advertising; d. Harm the goodwill or standing of KMCB or any of its clients, partners, employees, affiliates, agents, contractors or representatives; e. Attempt to probe, scan, test or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon; f. Attempt to interfere with the use of the Website by any other user. KMCB reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
Third-Party Websites
The Website may contain links to websites operated by third parties ("Third-Party Websites"). KMCB does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. KMCB has not reviewed Third-Party Websites and, therefore, does not warrant or endorse any Third-Party Website or the content appearing thereon.
Intellectual Property
The content located on the Website is the copyrighted property of KMCB or its licensors. Similarly, the KMCB name, the EstatePlansDirect.com domain name, the service mark, "Attorney Prepared Estate Plans," and all other names and logos used by KMCB in connection with the offering of KMCB goods and services are the trademarks and service marks, or registered trademarks or registered service marks, of KMCB r its licensors. Except as explicitly permitted, Your use of the Website does not grant You any right, title or interest in or to KMCB and KMCB licensors' copyrights, trademarks and service marks. If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify KMCB.
Disclaimer Of Warranties
The website is provided "as is" and "as available." to the maximum extent permitted by law. KMCB expressly disclaims any and all warranties, express or implied, regarding the website, including without limitation any implied warranties of merchantability, fitness for a particular purpose or noninfringement. Operation of the website may not be uninterrupted or error free. You assume all responsibility and liability for all harms, whether to you or to any third party, arising or resulting from your use of the website, including without limitation as relate to any damage to your systems or data.
Limitation Of Liability
To the maximum extent permitted by law, KMCB shall not be liable for any indirect, special, consequential or exemplary damages arising out of or relating to your use of the website. Additionally, the maximum liability of KMCB under all circumstances will be the amount paid by you to KMCB in consideration of your use of the website or $25, whichever is less. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between KMCB nd you. The website would not be provided without such limitations.
Indemnity
You agree to defend, indemnify and hold harmless KMCB and its partners, employees, affiliates, agents, contractors and representatives (the "KMCB Parties") from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys' fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to KMCB by means of the Website of incomplete, inaccurate or untimely information or other data. The KMCB Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.
Denial of Use
Without limiting any other provision of this Agreement, KMCB reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.
Choice of Law; Jurisdiction and Venue
The Website is located and operated by KMCB in Lansing, Michigan. This Agreement shall be interpreted and enforced as though executed in Lansing, Michigan, and shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of law principles. The proper venue for any judicial action arising out of or relating to the website, this agreement, or any services (legal or otherwise) provided by KMCB will be the state and federal courts located in Lansing, Michigan. The parties hereby stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
Agreement; Amendment
This Agreement, and any other terms of use agreed to when you login to an account on this site, constitute the agreement between KMCB and You concerning Your use of the Website, and services (legal or otherwise) provided by KMCB. This Agreement may only be modified as stated above, or by amendment signed by an authorized representative of KMCB.
Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Assignment
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of KMCB Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
August 7, 2014