Terms and conditions

Terms and Conditions (“Terms”)

Last updated: October 28, 2015

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.executor.org website (the “Service”) operated by Executor.org LLC (“us”, “we”, or “our”). These Terms govern the use of Executor.org online at executor.org and on mobile devices.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. These Terms represent a binding contract between you and Executor.org LLC, and by creating an account or otherwise accessing Executor.org, you expressly agree to be bound by them, INCLUDING THE AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS. The Terms incorporate the provisions of the Privacy Policy and Payment Policy, so please review them carefully as well.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to use or purchase the Service.

 

Legal Disclaimer

Information found on executor.org is general information which may be helpful but should not be construed as legal, tax or other professional advice. Laws differ by state and country and we cannot guarantee the accuracy of this information for your particular scenario. You should consult an experienced attorney, tax professional or financial advisor concerning your specific situation.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Executor.org LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.

You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails.

Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.

 

Intellectual Property

Executor.org is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store Executor.org content in any form outside of Executor.org and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Executor.org content. You agree that all data and algorithms in our flash files and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Executor.org. All intellectual property rights in Executor.org are, as between you and Executor.org LLC, the sole and exclusive property of Executor.org LLC.

Some Executor.org features either now or in the future may allow you to post or submit content and materials for publication on Executor.org (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Executor.org or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.

 

Termination and Cancellation

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If we terminate or suspend your account without a breach of the Terms on your part, we will provide you with a prorata refund for money paid for the service. If you have had a paid account for more than three years, no refund will paid if we terminate service without a breach of the Terms on your part.

While we hope you find value in Executor.org, you may cancel your account at any time by contacting our customer support team. For information about the availability of refunds, please review our Money Back Guarantee Policy.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Executor.org LLC.

Executor.org LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Executor.org LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Restrictions and Prohibited Uses

Executor.org is proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not:

  • Attempt to impersonate another person or use another person’s Executor.org account information without authorization;
  • Violate or attempt to violate Executor.org’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Executor.org systems and networks;
  • Redistribute, decompile, reverse engineer, publish, or copy Executor.org.
  • Use Executor.org for the purpose of creating a product with a substantially similar look, feel or design;
  • Access or search Executor.org by any means other than our publicly supported interfaces (for example, “scraping”);
  • Interfere with others’ use of Executor.org;
  • Use Executor.org or any trademarks, game names, trade names, service marks, copyrights, or logos of Executor.org LLC, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
  • Violate any third party’s rights, including intellectual property or privacy rights;
  • Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your Executor.org account, and may also subject you to civil or criminal penalties.

 

Indemnification

You agree to defend, indemnify and hold harmless Executor.org LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

 

Limitation of Liability

IN NO EVENT SHALL EXECUTOR.ORG LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE TOTAL LIABILITY OF EXECUTOR.ORG LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, BUT NOT LIMITED TO, NEGLIGENCE OR OTEHRWISE) ARISING FROM THE TERMS OF YOUR USE OF EXECUTOR.ORG EXCEED, IN THE AGGREGATE, $198.00.

 

DMCA Contact

We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on Executor.org, you may contact our designated agent by email to info@executor.org or at the following address:

Executor.org LLC

ATTN: DMCA Complaint

9055 Whisperinghill Drive

Cincinnati, OH 45242

You must include the following information in your complaint:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on Executor.org;
  • your mailing address, telephone number, and if available, email address;
  • a statement by you that you have a good faith belief that the use of the material on Executor.org is not authorized by the copyright owner, its agent, or the law;
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

Agreement to Arbitrate and Waiver of Class Action Claims

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If a dispute arises, our goal is to provide you a neutral and cost effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against Executor.org LLC, you agree to try to resolve the dispute by contacting us in writing at Executor.org LLC, ATTN: DISPUTE NOTICE, 9055 Whisperinghill Drive, Cincinnati, OH 45242, or by email to info@executor.org. Before we file a claim against you, we agree to contact you at the email address associated with your Executor.org account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:

  1. GENERAL. YOU AGREE THAT YOU AND EXECUTOR.ORG LLC WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO EXECUTOR.ORG OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
    ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
  2. ARBITRATION SERVICES AND RULES. Judicial Arbitration and Mediation Services (“JAMS”) will administer the arbitration using the JAMS’ procedures and rules in effect on the date the Arbitration is filed (“JAMS Rules”). In the event the JAMS Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 1-800-352-5267 or www.jamsadr.com.
  3. LOCATION OF ARBITRATION. If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules, and any in-person hearing will be held in the United States county where you live or work, Cincinnati, OH, or any other location you and we mutually agree to.
  4. SETTLEMENT AWARDS AND FEE REIMBURSEMENT. If you prevail, and the arbitrator issues an award that exceeds our best written settlement offer that we made prior to 30 days into the arbitration (or if we did not make a settlement offer before that point), then we will pay you the amount of the award or $7,500, whichever is greater. Also, if you prevail, and the arbitrator issues an award that exceeds our best written settlement offer that we made prior to 30 days into the arbitration (or if we did not make a settlement offer before that point) and the amount of the award is less than $7,500, we will reimburse you for arbitration fees and your reasonable attorneys’ fees and costs.
  5. EXCEPTIONS TO ARBITRAL CLAIMS. As an exception to this Section, you may assert claims on an individual basis, if they qualify under applicable rules, in Small Claims court. Also, either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section.
  6. CLASS ACTION WAIVER. YOU AND EXECUTOR.ORG LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH EXECUTOR.ORG LLC THAT NEITHER YOU NOR EXECUTOR.ORG LLC WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR EXECUTOR.ORG LLC WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  7. NO RIGHT TO JURY TRIAL. YOU AND EXECUTOR.ORG LLC ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
  8. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this Section by sending written notice of your decision to opt-out to the following address: Executor.org LLC, ATTN: Arbitration Opt-out, 9055 Whisperinghill Drive, Cincinnati, OH 45242, or by email to info@executor.org. For new users, the notice must be sent within 30 days of registering for Executor.org, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this Section. If you choose to opt-out, Executor.org LLC also will not be bound.

Governing Law

Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), the Terms are governed by Ohio law without regard to conflict of law provisions. Except as provided in our Arbitration clause, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in Hamilton County, Ohio as the legal forum for any dispute between them.

These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide advance notice to you either by email, by posting a notification on Executor.org or by posting an updated Terms on Executor.org at least 30 days in advance of the effective date of the updated Terms. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

If you have any questions about these Terms, please contact us.

 

Severability and Waiver

If any part of the Terms is held invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the Terms is not a waiver of its right to do so later.

 

Miscellaneous

The Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the Terms. If there is any conflict between the Terms and any additional terms, conditions, and rules posted by Executor.org LLC on Executor.org, the Terms shall govern, unless otherwise indicated.