Life Snapshot® services are focused on providing online data storage for estate planning documents. Life Snapshot® helps Members consolidate personal asset content and securely store critical information regarding insurance policies, wills, advanced directives, investments, and other confidential and private information.
- Right to Use Service. Life Snapshot® hereby grants Member a limited, personal, non-exclusive, nontransferable worldwide license to use the Services up to the number of subscriptions purchased. Updates to the Services are managed by Life Snapshot® and included in the fees. Member is required to provide Life Snapshot® with at least one designated person to have access to content contained within Member’s account. A designated person is defined as an individual over the age of 18 years old who is provided access to the content contained within the Member’s account.
- Limitations on Use. Except to the extent permitted by applicable law, Member agrees not to (i) modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or attempt to decipher any code relating to the Services and/or Life Snapshot®’s technology; (ii) knowingly or negligently access or use the Services in a manner that abuses or disrupts Life Snapshot®’s networks, security systems, user accounts, or services of Life Snapshot®, or attempt to gain unauthorized access to any of the above through unauthorized means, (iii) transmit through or post on the services any material that is deemed abusive, harassing, obscene, slanderous, fraudulent, libelous or otherwise objectionable or unlawful; (iv)market, offer to sell, and/or resell the Services alone without consent from Life Snapshot®, (v) use the Services to send unsolicited or unauthorized advertising, junk mail, or spam; (vi) harvest, collect, or gather information or data regarding other users without their consent unless permitted by applicable law; (vii) transmit through or post on the Services any material that may infringe the intellectual property rights or other rights of third parties, including, without limitation, trademark, copyright, data privacy or right of publicity; (viii) transmit or post on the Services any material that contains software viruses or other harmful or deleterious computer code, files or programs; (ix) if the Member is a Life Snapshot® competitor for the relevant Services, use the Services directly or indirectly for competitive benchmarking or other competitive analysis, unless permitted under applicable law; (x) use or access the Services or permit a User to use or access the Services in a manner that violates the terms of this Agreement.
- Violations of Limitations on Use. If Member becomes aware or receives notice from Life Snapshot® that any Member Content or any user’s access to or use of Member Content violates Section 1.2, Member must take immediate action to remove the applicable part of the Member Content as applicable. Life Snapshot® may suspend the services at its discretion if a violation occurs.
- Intellectual Property Rights. Member agrees that all right, title and interest (including all copyrights, trademarks, service marks, patents, and other intellectual property rights) in this Website and its content belong to Life Snapshot®, or its licensors, as applicable. Nothing in this User Agreement grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under the copyright or other intellectual property rights.
- SUBSCRIPTION & FEES
- Subscription. A Member may subscribe to services using the current online subscription process, PayPal API Gateway or another comparable payment system. Member is responsible for all Fees and Taxes. Payment is due for Services for the term purchased, including any renewals.
- Fees. Fees may increase upon renewal. Services may automatically renew, or be extended by a Member’s purchase of a renewal. If Member’s account is in suspension status, failure to renew within 60 days of membership expiration will result in account closure. All subscriptions, including any renewals, are subject to acceptance by Life Snapshot® in its discretion. Life Snapshot® reserves the right, in its discretion, to suspend or terminate the services or any portion thereof for non-payment of fees. All Member information provided by or on behalf of Member for a subscription must be current, complete and accurate, and Member is responsible for keeping such information updated including but not limiting to the Member’s designated person contact information.
- TERM AND TERMINATION.
- Term. The terms of this Agreement shall apply for the period of Services set forth under the accepted subscriptions which are currently monthly-terms and twelve-month terms, including auto-renewals, or if none, for the offered period of any trial subscription.
- Termination for Cause. Either party may terminate the Agreement or the specific services if the other party breaches any of its material obligations under the Agreement or fails to cure within thirty (30) days of receipt of written notice from the non-breaching party.
- Effect of Termination. Upon termination of the Agreement or affected Services, Member will immediately discontinue all access and use of all Services under the Agreement. Neither party shall be liable for any damages resulting from termination of the Agreement, including without limitation unavailability of Member Content arising therefrom; provided, however, termination shall not affect any claim arising before the effective termination date. Life Snapshot® shall have the right to invoice Member and Member agrees to pay for any use of the Services past the date of termination other than Member’s access to download Member Content within thirty days.
- MEMBER CONTENT AND MEMBER ACCOUNTS.
- Member Content. Member retains all rights to any of its Member Content, including that considered confidential by Member, subject to a non-exclusive, worldwide, royalty-free, license to Life Snapshot® as necessary to provide the Services hereunder. Each party shall apply reasonable technical, organizational and administrative security measures, as appropriate relative to the Services, to keep Member Content protected. Services interaction with Member Content varies depending on the nature of the Services. Member shall at all times retain a current copy of Member Content, if any, outside the Services for backup and archival purposes. Member shall comply with all intellectual property laws and obligations related to the Member Content, as well as all legal duties applicable to Member under using the Services, including providing all required information and notices and obtaining all required consents. This Agreement states Life Snapshot®’s exclusive obligations concerning the care of Member Content. Life Snapshot® has no obligation to maintain Member Content following expiration or termination of the Agreement. All files and Asset Report content will be deleted from Life Snapshot®‘s system within sixty days of non-payment of Member’s account with the exception of Member Profile data which includes: Name, Customer Number, Phone, Email, Address and Date of Birth. Member’s profile data including but not limited to name, customer number, phone number, email, address, and date of birth will be stored in Life Snapshot®’s system.
- Member Accounts. Member is solely responsible for (i) the configuration of Member’s Account, (ii) the operation, performance and security of Member’s equipment, networks and other computing resources used to connect to the Services, (iii) maintaining the confidentiality of Member’s accounts, User id’s, authentication codes, passwords and/or personal identification numbers used in conjunction with the Services, including not sharing login information among Users, iv) all uses of the Services that occur using Member’s password or account, and v) providing Life Snapshot® with at least one designated person per Member account. Member will be provided with a minimum of 15 total file uploads with a maximum file size of 10MB per upload. Member agrees to provide notice to the designated person that he or she has access to Member’s account content unless Member voluntarily opts out from this requirement by reading and agreeing to the following: Member understands that the Services are most effective when the individual is notified that he or she is one of the Member’s designated persons.
I do not wish to disclose to the persons named as my designated persons that they are serving as designated persons and will assume the risks if Life Snapshot®’s services do not perform as intended.
Member will notify Life Snapshot® immediately of any unauthorized use of its account or any other breach of security. Member acknowledges that Life Snapshot® will rely on the information provided for issues arising with Member’s account. If Life Snapshot® is unable to make contact with Member or any designated person or persons, Life Snapshot® will maintain Member records for 180 days from the date of the last payment. Member or Designated Persons may download Member files upon full payment of any balance owed by Member.
- Member Account Access. The Member account owner and any other designated person will have access to information in the Member account. In the event of a dispute regarding Member account data, Life Snapshot® will only release information to another party other than the Member account owner or a designated person under a court order or other notarized waiver and release as determined by Life Snapshot®.
- WARRANTIES AND WARRANTY DISCLAIMER.
- Life Snapshot® WARRANTS THAT THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SOFTWARE COMPONENTS DELIVERED WITH SERVICES, WILL MATERIALLY CONFORM TO THE SERVICE DESCRIPTIONS. Life Snapshot®’S ENTIRE LIABILITY AND MEMBER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT Life Snapshot®’ SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES, INCLUDING REPLACEMENT SOFTWARE COMPONENTS AS REQUIRED, OR TO TERMINATE THE NON-CONFORMING SERVICES, AND PROVIDE A PRORATED REFUND OF ANY UNUSED PREPAID FEES FROM THE PERIOD OF NON-CONFORMANCE, AND RELIEF FROM ANY SUBSEQUENT ANNUAL PAYMENTS DUE, WITH RESPECT TO SUCH SERVICE.
- THE FOREGOING LIMITED WARRANTY DOES NOT COVER PROBLEMS ARISING BY ACCIDENT, ABUSE OR USE IN A MANNER INCONSISTENT WITH THIS AGREEMENT OR RESULTING FROM EVENTS BEYOND Life Snapshot®’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF OR OPERATION IN COMBINATION WITH A THIRD-PARTY NETWORK OR SYSTEM, HARDWARE, SOFTWARE, SERVICE OR DATA. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Life Snapshot® AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, AND ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, OR LACK OF VIRUSES, BUGS OR ERRORS. THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS MAY NOT BE APPLICABLE IN SPECIFIC JURISDICTIONS.
- Indemnification. Member is solely liable for any content, messages or other information Member transmits, provides or uploads using the Services. Member agrees to indemnify and hold harmless Life Snapshot® from any third-party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to Member’s violation of this User Agreement, Member’s use of the services, or Member’s violation of any rights of a third party.
- Infringement Remedies. If Member’s use of any of the services is, or in Life Snapshot®’ opinion is likely to be, enjoined as a result of an Infringement Claim, Life Snapshot® shall, at its sole option and expense, either (i) procure for Member the right to continue to use the services as contemplated herein, or (ii) replace or modify the services to make their use non-infringing without degradation in performance or a material reduction in functionality and notify Member to discontinue use of the prior version, which Member shall do immediately. If options (i) and (ii) above are not reasonably available, Life Snapshot® may, in its sole discretion and upon written notice to Member, terminate this Agreement, cancel access to the services and refund to Member any prepaid, but unused, fees on the services.
- Limitation. Life Snapshot® assumes no liability, and shall have no liability, for any Infringement Claim based on (i) Member’s access to and/or use of the Services following notice of an Infringement Claim; (ii) any modification of the Services by Member or at its direction; (iii) Member’s combination of the Services with third party programs, services, data, hardware, or other materials; or (iv) any trademark or copyright infringement involving any marking or branding not applied by Life Snapshot® or involving any marking or branding applied at Member’s request.
- Exclusive Remedy. THE FOREGOING STATES Life Snapshot®’S SOLE LIABILITY AND MEMBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT CLAIM HEREUNDER.
LIMITATION ON LIABILITY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, OR EXEMPLARY DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, (v) COSTS OF RECOVERY, REPLACEMENT OR RESTORATION OF ANY LOST OR ALTERED MEMBER CONTENT, (vi) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (vii) UNAUTHORIZED ACCESS TO, COMPROMISE, OR ALTERATION OF MEMBER CONTENT, IN EACH CASE, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY EXCEPT FOR (a) A PARTY’S INDEMNIFICATION OBLIGATIONS, AND (b) A BREACH BY MEMBER OF SECTIONS 2 OR 5, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE AFFILIATES, LICENSORS AND SERVICE PROVIDERS ARISING OUT OF THIS AGREEMENT AND/OR THE TERMINATION THEREOF, SHALL BE LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.
- ADDITIONAL TERMS.
- Data Protection. Member agrees to provide any notices and obtain any consent necessary for Life Snapshot® to protect personal and other data as specified in this Agreement.
- Suspension of Service. Life Snapshot® reserves the right to suspend Member’s access to service if it determines, in its sole discretion, that, (i) Member’s use of the services are in breach of this Agreement, (ii) Member’s use of the Services poses a security or other risk to the Services or other users of the Services, or (iii) suspension is required pursuant to a subpoena, court order or other legal processes. Life Snapshot® agrees to notify Member of any such suspension if permitted by applicable law. Member will remain responsible for all fees incurred before or during any suspension. Life Snapshot® reserves the right, in its discretion, to impose reasonable fees to restore archived data from delinquent accounts.
- Notices. All legal notices required under this Agreement shall be in writing and delivered in person, by certified or registered express mail to the address last designated on the account for Member, or to the last email primary address provided by the Member. Notice shall be deemed given (i) upon personal delivery; (ii) if delivered by air courier or email, upon confirmation of receipt; or (iii) five (5) days after deposit in the mail. Email notices shall be deemed effective on the next business day following the date and time stamp on the sender’s email.
- Third-Party Content. Third-party content may be accessible via links from Life Snapshot®’s website. Life Snapshot® shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained within these links. Member understands that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Life Snapshot®.
- Unlawful Activity. Life Snapshot® reserves the right to investigate complaints or reported violations of our User Agreement and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Member’s profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.
- Remedies for Violations. Life Snapshot® reserves the right to seek all remedies available at law and in equity for violations of this User Agreement, including but not limited to the right to block access from a particular Internet address to the services.
- Governing Law & Jurisdiction. This User Agreement is governed by and construed by the laws of the State of Illinois without regard to conflict of laws. Member hereby consents and submits to the personal jurisdiction of such courts to litigate any such action.
- Severability of Provisions. This User Agreement incorporates by reference all notices and disclaimers contained on the website and constitutes the entire agreement between Member and Life Snapshot® concerning access to and use of the services. If any provision of this User Agreement is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of this User Agreement.
- Modifications to this User Agreement. Life Snapshot® reserves the right to amend this User Agreement at any time. Updated versions of the User Agreement will appear on this Website and are effective when Member acknowledges the agreement.