Welcome to the Executor’s Resource Inc. (“ERI”) and EstateLogic® websites (www.executorsresource.com and www.estatelogic.com). Please take a moment to read the terms and conditions (the “Agreement”) governing your use of ERI’s online services (the “Service”) which are provided here.

Terms and Conditions of Use:

ACCEPTING THESE TERMS AND CONDITIONS: The provisions in this section are referred to as the "Terms and Conditions," and constitute an agreement between you, which includes any entity on whose behalf you are accessing and using the Service, and ERI. By logging in to the Service, you herby acknowledge that such action constitutes your agreement to be bound by the Terms and Conditions.  By accepting these Terms and Conditions, you acknowledge and agree that you will be bound by them each time you use the Service or otherwise interact with ERI online or offline. If you do not agree to the Terms and Conditions, you may not access or otherwise use the Service and should exit the Service.  ERI reserves the right to remove any user's access to the Service for any reason whatsoever, including but not limited to breach of these Terms and Conditions.

ERI specifically reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions in whole or in part, at any time. Notification of changes in the Terms and Conditions will be posted on the website. Your continued use of this website after such changes are posted will constitute your agreement to such changed Terms and Conditions.

Definition of Service:

ERI provides users with a browser interface, data encryption, transmission, access and storage for your personal content. ERI may also provide you with service announcements and administrative messages which are considered part of the ERI service membership which you will not be able to opt out of receiving. In addition, you will receive a monthly subscriber e-newsletter which you will have the ability to opt out of receiving. Any new features that augment or enhance the current Service shall be subject to this Agreement.

License Grant and Restrictions:

ERI hereby grants you a single, non-exclusive, non-transferable, worldwide, limited personal license to access and use the ERI Service. This license is solely for your own personal estate and legacy use. This license is conditional upon your continued compliance with this Agreement. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially make available or exploit the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar concepts, ideas, features, functions, or graphics of the Service, or (c) copy any ideas, features, functions, or graphics of the Service. User licenses may not be shared or used by more than one individual head of household, but may be reassigned to the named executor, personal representative or trustee of the head of household. Access to a registered user’s account by anyone other than the registered user does not convey ownership to the account information.

Money Back Guarantee:

If you cancel the Service within 30 days of creating your account, ERI will provide a full refund. After 30 days, recurring monthly or annual subscription fees are non-refundable. To initiate a cancellation please contact us at Support@EstateLogic.com or call 866.645.6051, Ext. 3.

Privacy:

ERI’s privacy policy is available for review here. ERI reserves the right to modify this policy in its discretion from time to time.

User Account:

When you register for an ERI Service, you will be asked for specific personal information used to identify yourself. You agree to provide accurate, current and complete information about yourself. You also agree not to impersonate any person, misrepresent yourself, or otherwise conceal your identity from ERI for any purpose. ERI will treat your information with care in accordance with the disclosures of this agreement and in our Privacy Policy. You are responsible for maintaining confidentiality of your username and password.

Unauthorized Use of Your Account:

If you believe that someone has used your account information to access any ERI Service without your authorization, please call ERI Support immediately, toll free, at: 866-645-6051, Ext. 3.

Estate and Legacy Transfer Process:

The ERI Service has been designed for your use today while allowing trusted persons to access your information after your death. The death of a registered user may be reported to ERI by providing a copy of that registered user’s death certificate. In turn, ERI will keep that registered user’s account open at no cost for 6 months starting from the day that ERI receives the death certificate.

We recognize that in preparing your future executor, personal representative, trustee or trusted person for handling your affairs on your behalf, you may choose to share your login credentials with that person. If so, that person will continue to have access to your account during the 6-month no cost access period after your death (or until your password is reset as set forth below). However, if a registered user’s executor, personal representative or trustee does not have access to the account, or would like to reset a deceased registered user’s password, ERI’s Estate and Legacy Transfer Process can be initiated by calling Customer Support and following the steps below.

To obtain access to a deceased registered user’s account or to reset a deceased user’s password:

1. The caller provides a valid form of government issued ID.
2. The caller provides a copy of the decedent’s last will nominating him or her as executor or personal representative of the estate, or where applicable, provides a copy of the trust (will substitute) naming him or her as trustee or successor trustee.
   • In either case, the deceased user’s notarized signatures must be present on the documentation supplied.
   • As an alternative, the caller may provide a copy of the court documents which demonstrate that the caller has been appointed as executor or personal representative of the deceased user’s estate.
3. ERI will reset the deceased registered user’s account password and supply it to the requestor via email.

To initiate our Estate and Legacy Transfer Process, please call Support at 866-645-6051, Ext. 3.

Please note that in the event you choose to share your password with anyone, or ERI provides access according to the aforementioned process, that action only conveys access to your account information post death, not ownership.

User Conduct:

As a user of the Service you agree to immediately notify ERI of any unauthorized use of your account or any other breach of security, and ensure that you exit (“Logout”) from your account at the end of each session. ERI cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You understand that all information, data, text, files, photographs, graphics, video, music, sounds, messages, or other material (“Content”), uploaded to, posted to, transmitted to, or stored on the Service are solely your responsibility and not that of ERI.

You agree not to use the Service to:

• Upload, post, transmit or store any Content that is harmful or would otherwise damage the Service;
• Impersonate any person or entity;
• Upload, post, transmit or store any Content that you do not have the lawful right to possess;
• Upload, post, transmit or store any Content that could contain software viruses or any computer code, files or programs designed to disrupt the Service or servers or networks connected to the Service;
• Interfere with or disrupt the Service or servers or network connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• Upload, post, transmit or store any Content that would support any resources or organizations designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

You agree to bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content by you or whoever is your designated Executor.

You acknowledge, consent and agree that ERI may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ERI, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ERI and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Limitation of Liability:

UNDER NO CIRCUMSTANCES SHALL ERI OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE ERI SERVICES.

Intellectual Property Protection:

It is our policy to respond to any infringements to our intellectual property. If you are aware of any such acts please contact ERI immediately at: 866-645-6051, Ext. 3.

Indemnification:
You agree to indemnify and hold ERI and its affiliates, officers, agents, employees, partners and licensors harmless from any and all claims, losses, liabilities, damages, fees, expenses and costs (including reasonable attorney’s fees and court costs) which result from a breach or alleged breach of this Agreement or warranty.

Disclaimer of Warranties:

YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THIS SERVICE IS PROVIDED “AS-IS” AND ON AN AS AVAILABLE BASIS. ERI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. ERI MAKES NO WARRANTY THAT THIS SERVICE WILL: 1.) MEET YOUR NEEDS; 2.) NOT BE INTERRUPTED: 3.) BE SECURE OR ERROR FREE: OR, 4.) AND BE REPAIRED IF ERRORS IN THE SOFTWARE ARE FOUND. NO INFORMATION, GUIDANCE, OR ADVICE YOU OBTAIN FROM THIS SERVICE, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Termination:

This Agreement may be terminated by ERI, in its sole discretion, for any reason upon your material breach of this Agreement.

Assignment:

This Agreement may be assigned by ERI to an acquirer of assets, a purchaser of the company or a successor in interest.

Governing Law:

This Agreement will be governed by the laws of the State of Colorado without regard to the conflicts of law principles thereof. Any action or proceeding arising from or relating to this Agreement must be brought in a state or federal court of competent jurisdiction in Denver, Colorado, and each party irrevocably submits to the jurisdiction and venue of such courts.