Terms and Conditions
By listing your will, life insurance, and other documents on the willsummit.com website (the “Website“), you are entering into a legally binding contract with WillSummit, LLC, a Colorado limited liability company (referred to in these Terms and Conditions as “WillSummit“). The terms of this contract follow (which for purposes of these terms and conditions, the contract may also be referred to as the “Agreement“ between you and WillSummit). BEFORE PROCEEDING, YOU MUST READ AND AGREE TO THESE TERMS. If you do not agree to be bound by all of the following terms and conditions, you should not register your information with WillSummit,
1. Services. In exchange for the registration fee charged when you sign up for the Website (see Section 2, “Fees“, below), WillSummit will provide services (the “Services”) including, but not limited to, the creation of a searchable record of the details of your identity along with your will, revocable trust, life insurance policies, and any other documents and information you describe. The Services may be expanded or reduced, in the discretion of WillSummit, at any time; provided, however, that WillSummit reserves the right to offer any additional Services on the same terms to both new and existing customers, or on different terms, in its sole discretion.
THE “SERVICES” DO NOT CONSTITUTE LEGAL SERVICES, OR THE PRACTICE OF LAW, UNDER ANY STATE OR FEDERAL LAWS APPLICABLE TO YOU. YOUR SUBMISSION OF INFORMATION TO WILLSUMMIT DOES NOT CREATE AN ATTORNEY-CLIENT-RELATIONSHIP, NOR IS SUCH INFORMATION PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR ATTORNEY CONFIDENTIALITY RULES. IN NO EVENT SHALL ANY COMMUNICATION FROM WILLSUMMIT, OR THE CONTENT OF ITS WEBSITE OR ANY APPLICATION OR PLATFORM, SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.
2. Fees. The registration fee paid hereunder, along with any fees paid to change your information (the “Fees”), may be changed at any time in the sole discretion of WillSummit. All fees paid shall be nonrefundable and non-proratable, even if WillSummit later changes the Services offered or Fees charged, or if WillSummit ceases to exist or changes ownership or form as further described below. WillSummit reserves the right to charge additional fees for any additional Services added at a later date, and in no event shall your prior payment of Fees entitle you to any discount, reduction, or offset in Fees charged for new Services.
5. Your Responsibilities. The purpose of the Website is to allow certain persons and individuals to search for your Information, in order to determine the location and/or identity of certain documents and assets including, but not limited to, your will, codicils to your will, revocable trusts, life insurance policies, and any other documents and instructions. In order for the purpose of this Website to be accomplished, you must enter accurate information and update information where necessary. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR ENTERING ACCURATE INFORMATION AND UPDATING YOUR INFORMATION WHERE NECESSARY. IF YOU FAIL TO DO SO, NEITHER YOU NOR YOUR ESTATE, CLIENTS, PERSONAL REPRESENTATIVES, EXECUTORS, TRUSTEES, BENEFICIARIES, HEIRS, SUCCESSORS, OR ASSIGNS SHALL BE ENTITLED TO RECOVER ANY DAMAGES. IN NO EVENT SHALL WILLSUMMIT BE LIABLE FOR YOUR FAILURE TO ACCURATELY ENTER AND MAINTAIN YOUR INFORMATION ON THE WEBSITE.
6. Searching for your Information. WillSummit has taken reasonable measures to protect your information from searches by unauthorized persons. However, it is your sole responsibility to enter accurate names of persons authorized to search for your information. BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT IN NO EVENT SHALL WILLSUMMIT BE LIABLE FOR THE USE OF YOUR INFORMATION, OR THE FAILURE OF ANY PERSON TO BE ABLE TO OBTAIN YOUR INFORMATION AFTER CONDUCTING A SEARCH. ADDITIONALLY, WILLSUMMIT DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGES INCURRED BY ANY PERSON (INCLUDING, BUT NOT LIMITED TO, YOU, YOUR HEIRS, AND YOUR ESTATE) ARISING OUT OF THE USE OF INFORMATION SEARCHED OR ORDERED BY ANY PERSON, EVEN IF SUCH USE RESULTS IN LOSS, DAMAGE, OR INJURY TO THE PERSON OR PROPERTY OF YOU OR ANY THIRD PARTY.
8. Obligations of Users of the Website. By using the Website, you represent, warrant, and covenant that you meet, and will continue to meet, the following conditions:
a. You are 18 years of age or older, and/or you have the ability to be legally bound under law to these terms and conditions.
b. The Information entered is that of you or your client and, if the Information is your client’s information, you have the permission of the client to enter such Information and to bind your client to these terms and conditions.
c. If searching for Information, you either are entitled to receive such Information, or you have received permission from the party whose information you are searching for.
d. If searching for Information, you are doing so for the sole purpose of ascertaining the location of certain documents and assets in order to facilitate the process of probate and estate administration. You will not use the Information for any illegal or malicious purpose including, but not limited to, committing fraud, theft, identity theft, blackmail, undue influence, or tortuous interference with inheritance or contracts, nor will you use the Information for commercial or solicitation purposes.
e. You are not a competitor of WillSummit.
f. You are not accessing the Information or the Website for the purpose of copying, researching, investigating, reverse engineering, duplicating, acquiring, procuring, stealing, or replicating any of the processes, property, Services, content, or methods of WillSummit or the Website.
9. Provisions Relating to the Performance of WillSummit and the Website.
a. WillSummit will make commercially reasonable efforts to maintain access to the Services and Website on a twenty-four hour a day, seven day a week basis; however, by entering your Information or searching for Information, you acknowledge and accept the likelihood of periodic outages, both planned and unplanned by WillSummit.
b. WillSummit retains the right, at any time, to restrict access to the Services for any purpose including, but not limited to, routine or special maintenance, investigation of localized or widespread posting of content which violates this Agreement, investigation of potential hacking of the website, phishing by users, or preventative measures to prevent potential violations of this Agreement by you or other users. In the event of a planned outage, WillSummit will make reasonable efforts to post notification of such planned outage on the home page of the Website.
c. In the event of any outage which prevents you from accessing the Website for any period of time, you agree that such outage will in no way entitle you to any refund or proration of any Fees paid by you.
d. WillSummit retains the right to monitor the actions of you and other users, and delete any Information posted which violates the terms of this Agreement; however, in no event will WillSummit be obligated to monitor and delete any such Information. Accordingly, you agree and acknowledge that WillSummit will in no way be liable for any damages caused by the actions of other users of the Website.
e. WillSummit reserves the right to change any and all content, software, or Services offered on its website at any time, and in no event shall any such change entitle you to a proration, refund, or offset of any fees paid to WillSummit.
11. DISCLAIMER OF WARRANTIES
WILLSUMMIT, ITS subsidiaries, officers, directors, employees and ITS suppliers provide the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. WILLSUMMIT doES not guarantee and doES not promise any specific results from use of the Services. WILLSUMMIT, ITS subsidiaries, officers, directors, employees and ITS suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. WILLSUMMIT doES not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. WILLSUMMIT disclaimS liability for, and no warranty is made with respect to, connectivity and availability. WILLSUMMIT cannot guarantee that each User is at least the required minimum age, nor doES WILLSUMMIT accept responsibility or liability for any content, communication or other use or access of the Services by persons under the age of 18 in violation of this Agreement. WILLSUMMIT IS not responsible or liable in any manner for any Content posted on the WILLSUMMIT WEBSITE OR ANY INFORMATION OR CONTENT PROVIDED in connection with the ServiceS. Although WILLSUMMIT provideS rules for User conduct and postings, IT doES not control and IS not responsible for what Users post, transmit or share on the WEBSITE and IS not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the WEBSITE or in connection with any Content. WILLSUMMIT is not responsible for the conduct, whether online or offline, of any user of the WEBSITE or Services. It also is possible for others to obtain personal information about You due to Your use of the WEBSITE or the Services, and that the recipient may use such information to harass or injure You. WILLSUMMIT IS not responsible for the use of any personal information that You disclose on the WEBSITE or through the Services.
12. LIMITATION ON LIABILITY
In no event will WILLSUMMIT, ITS subsidiaries, officers, directors, employees, AGENTS, or ITS suppliers, be liable to You for any incidental, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by Our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with THE services or this agreement (however arising, including negligence) even if WILLSUMMIT or ITS agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, THE liability OF WILLSUMMIT, and the liability of ITS subsidiaries, officers, directors, employees, and suppliers, to You or any third parties in any circumstance is limited to $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions or limitations may not apply to You, and You may have additional rights.
13. Termination. You may terminate your use of the Website and Services at any time by e-mail to WillSummit. In no event shall such a termination entitle you to any refund or proration of Fees. WillSummit will make reasonable efforts to delete your Information within a reasonable period of time following receipt of your termination of the use of the Website and Services. Unless otherwise notified, you may resume use of the Services and Website at any time following termination; however, you will be obligated to pay such Fees as are being charged to new users at such time. No prior relationship or use of the Website will entitle you to any refund, proration, or discount of Fees.
14. Governing Law, Venue, and Attorney’s Fees.
a. This Agreement shall be governed by the laws of the State of Colorado (without regard to its conflict of laws provisions that would require the application of the laws of a jurisdiction other than the State of Colorado). By entering into this Agreement, you irrevocably consent to venue and jurisdiction on the state and federal courts in the county of Arapahoe, State of Colorado.
b. In the event of a dispute arising out of this Agreement, the prevailing party shall be entitled to reimbursement of his/her/its reasonable attorney’s fees and court costs.
15. Miscellaneous Provisions,
a. In the event any provision of these terms and conditions is deemed unenforceable, the remaining provisions shall remain in full force and effect.
c. This Agreement shall be binding on WillSummit and you, and their legal representatives, successors, and assigns. For purposes of this Agreement, your legal representatives, successors, and assigns include, but are not limited to, your spouse, descendants, family members, beneficiaries, estate, any trust created by you, and any guardian, trustee, personal representative, executor, or administrator, whether or not appointed by a court or other tribunal, legal instrument, or by applicable law. You shall not be entitled to in any way sublicense, assign, or transfer your rights and/or obligations under this Agreement. WillSummit may, in its discretion, sublicense or assign its rights and/or obligations under this Agreement to any third party at any time. Except as otherwise provided under this paragraph, there shall be no third-party beneficiaries to this Agreement.
d. Any notice relating to the performance of this Agreement shall be delivered to you by posting on the Website. You may provide notice to WillSummit at the e-mail address provided on the Website.
e. In no event shall any failure by WillSummit to enforce any provision of this Agreement be deemed a waiver of such provision or of any of the other terms of this Agreement.