These Client Terms of Use (“Terms”) govern your access to and use of the Legacy Architects client vault at app.legacyarchitects.com and any related portions of the website legacyarchitects.com (collectively the “Site” or “Sites”), made available to you by Estate Architects LLC (“Legacy Architects,” “we,” “us,” or “our”). The client vault is a secure online location where you may access, view, store, and manage digital copies of your estate planning documents and related materials (your “Vault”). If you have questions or concerns about these Terms, please contact us as set forth below.
Your agreement to these Terms
BY ACCESSING OR USING THE SITE OR YOUR VAULT, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITE OR YOUR VAULT.
Changes to these Terms
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site or your Vault after changes are posted, you agree to those changes.
Privacy Policy
We may collect certain information about you and about your use of the Site as described in our Privacy Policy, which is incorporated into these Terms. The Privacy Policy describes our information collection, use, and sharing practices. If you do not agree to any terms in our Privacy Policy, do not access or use the Site or your Vault.
Your Vault and your Attorney
How you access your Vault
You may have access to your Vault in one of two ways:
- Attorney-granted access. An attorney or law firm that subscribes to Legacy Architects (“your Attorney”) has granted you access to a Vault in connection with estate planning services they provide to you. In this case, you do not pay Legacy Architects anything for your access; your Attorney maintains the subscription that makes your Vault available.
- Direct access. You have purchased your own access to a Vault directly from Legacy Architects. In this case, your access is provided by us directly to you, subject to these Terms and any pricing or order terms presented to you at the time of purchase.
Regardless of how you obtained access, these Terms govern your use of the Site and your Vault.
Relationship with your Attorney
Legacy Architects is a software provider. We are not a law firm, and we do not provide legal advice, legal services, or representation of any kind. Using the Site or your Vault does not create an attorney-client relationship between you and Legacy Architects. Any legal advice, document preparation, or representation you receive comes from your Attorney or another licensed professional, not from us.
If your access was granted by your Attorney, your relationship with that Attorney is governed by your separate agreement with them. We are not responsible for the services, advice, fees, or conduct of your Attorney, and we are not a party to your engagement with them. If your Attorney ends or changes their subscription, your access to your Vault may be affected, as described below.
Your Content
Your Vault may contain documents, information, and materials that you or your Attorney upload or create (“Your Content”). As between you and Legacy Architects, you retain ownership of Your Content. You grant us a limited license to host, store, copy, transmit, display, and process Your Content solely as necessary to provide, maintain, and secure your Vault and the Site, and as otherwise described in our Privacy Policy.
You are responsible for the accuracy of the information you provide and for maintaining your own copies of important documents. You acknowledge that the Vault is a convenience for storing and accessing your materials and is not a substitute for retaining your own records or for the advice of a licensed professional.
The Vault stores digital copies. Digital copies are not originals and do not necessarily satisfy any execution, witnessing, notarization, or recording requirement. Certain documents, including wills, may need to be presented in their original executed form. You should retain your original signed documents and confirm with your Attorney where they are kept.
Death and incapacity
If you die or become incapacitated, your rights under these Terms with respect to your Vault pass to the person then holding legal authority to act on your behalf — your acting successor trustee, your executor or personal representative, or your agent under a valid power of attorney, as applicable. Upon presentation of reasonable documentation of that authority, such person may access, view, use, export, and manage your Vault to the same extent that you could, and is subject to these Terms in the same way that you are.
Where more than one person holds authority, we may rely on the instructions of any one of them. These Terms are intended to serve as your direction regarding access to your Vault for purposes of any applicable law governing fiduciary access to digital assets.
Content and use rights
Our Content
The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Legacy Architects or, as applicable, its vendors or licensors. Your Content is not part of the “Content” as defined here. Except for the rights expressly granted to you in the next section, Legacy Architects reserves all other rights in and to the Site and Content, including all intellectual property rights.
Use rights
You may use the Site, your Vault, and the Content for your own personal, non-commercial use in the United States, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site, your Vault, and the Content for their intended purposes for which they are made available to you by Legacy Architects, namely accessing and managing your own estate planning documents and related materials.
Use of Marks
Legacy Architects owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by Legacy Architects. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent.
Intellectual property rights
The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Legacy Architects or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
Your responsibilities
Account security
You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Do not share your password or allow others to access your Vault on your behalf. Notify us promptly if you believe your account has been accessed without your authorization. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.
Compliance with laws
In connection with your access to and use of the Site and your Vault, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
Age requirement
The Site is not directed at children. You must be at least eighteen (18) years old and legally able to enter into a binding agreement in order to access or use the Site or a Vault. If you are under eighteen (18) years old, you must immediately stop using the Site.
Restrictions on your use of the Site
- You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content (excluding Your Content) without Legacy Architects’ prior written consent.
- You will not use the Site or your Vault for unlawful purposes.
- You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or attempt to access any account or Vault that is not your own.
- You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.
- You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
- You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
- You may not frame, mirror or circumvent the navigational structure of any part of the Site.
- You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
- You may not engage in any conduct while using the Site that Legacy Architects considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
Feedback and other content submitted by you
If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information and is not Your Content (“Feedback”), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
Social media
Links to Legacy Architects’ social media pages (e.g., Instagram, Twitter, or Medium) may be included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Legacy Architects’ views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
Disclaimers and liability
No warranty
THE SITE, YOUR VAULT, AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEGACY ARCHITECTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, YOUR VAULT, AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
LEGACY ARCHITECTS MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. LEGACY ARCHITECTS DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, YOUR VAULT, OR CONTENT. LEGACY ARCHITECTS DOES NOT WARRANT OR GUARANTEE THAT THE SITE, YOUR VAULT, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WE ARE NOT A LAW FIRM AND DO NOT PROVIDE LEGAL ADVICE; NOTHING ON THE SITE OR IN YOUR VAULT IS LEGAL ADVICE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LEGACY ARCHITECTS OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, OUTSIDE COUNSEL OR LICENSORS (TOGETHER, “LEGACY ARCHITECTS PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE, YOUR VAULT, OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, YOUR VAULT, OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A LEGACY ARCHITECTS PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE, YOUR VAULT, AND CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE LEGACY ARCHITECTS PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE, YOUR VAULT, OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, YOUR VAULT, OR CONTENT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID LEGACY ARCHITECTS DIRECTLY FOR ACCESS TO YOUR VAULT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE LEGACY ARCHITECTS PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE, YOUR VAULT, OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
Third parties, access, and availability
Third-party websites and content
The Site may link to, or be linked to, websites not maintained or controlled by Legacy Architects. Those links are provided as a convenience to the visitors of our Site. Legacy Architects is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site. Legacy Architects does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Site, it is the terms and privacy policy of that third party that govern your use of the third-party site (and such third-party’s use of your personal information), not these Terms.
The Site may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that Legacy Architects has reviewed the third-party Content or that there is any association between Legacy Architects and any third party. You access third-party Content at your sole risk. Legacy Architects has no responsibility for any third-party Content. Nothing in these Terms grants you any rights to any third-party Content.
Use in the United States
The Site is intended for use in the United States only. We do not guarantee that use of the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk.
THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS LEGACY ARCHITECTS OR THE LEGACY ARCHITECTS PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
Termination and loss of access
If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site, your Vault, or Content, and we may restrict your access. Legacy Architects may suspend or terminate the Site, your Vault, or any Content, in whole or in part, at any time in its sole discretion for any reason.
If your access was granted by your Attorney, your access to your Vault depends on your Attorney maintaining an active subscription with Legacy Architects. If your Attorney’s subscription is suspended, terminated, or lapses, or if your Attorney ends your access, your access to your Vault may be suspended or terminated. We encourage you to keep your own copies of any important documents and to coordinate with your Attorney regarding continued access.
If your Attorney’s subscription ends
If you lose access to your Vault because your Attorney cancelled, did not renew, or otherwise ended their subscription, you have two options:
- Continue with direct access. You may purchase your own access to a Vault directly from us, as described under Your Vault and your Attorney, and continue using your Vault without interruption.
- Request a complimentary grace period. You may request a complimentary forty-eight (48) hour period during which we will restore read-only access to your Vault so that you can log in and export Your Content. To request it, contact us using the details under Contact us.
The grace period is provided as a courtesy and is available once per Vault. During the grace period you may view, download, and export Your Content, but you may not upload, edit, or add to your Vault.
Legacy Architects shall not be liable to you or anyone else for any damages arising from or related to Legacy Architects’ suspension or termination of your access to the Site, your Vault, or the Content, or in the event Legacy Architects modifies, discontinues or restricts the availability of the Site, your Vault, or the Content (in whole or in part).
Retention of Your Content after access ends
If your access to your Vault ends for any reason, Your Content remains securely stored on our servers for one (1) year from the date your access ends. During that period, you may restore access to Your Content by purchasing direct access from us or, where applicable, by your Attorney reinstating their subscription. After that one-year period, we may permanently delete Your Content, and it may not be recoverable. We encourage you to keep your own copies of any important documents.
Site unavailability
Without limiting the generality of the previous section, the Site, your Vault, or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
Cooperation with law enforcement
Legacy Architects will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD LEGACY ARCHITECTS AND THE LEGACY ARCHITECTS PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
General legal terms
Disputes
These Terms, and your access to and use of the Site and your Vault, are governed by the laws of the State of Nevada, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Las Vegas, Nevada. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site, your Vault, or Content must be commenced within one year after the cause of action or claim arises.
Assignment
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Legacy Architects’ successors and assigns.
Entire agreement
These Terms, the Privacy Policy, and any terms posted throughout the Site (if any) are the entire agreement between you and Legacy Architects with respect to your access to and use of the Site and your Vault. In the event of conflict between these Terms and our Privacy Policy, these Terms will control.
Waiver
Legacy Architects’ failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Legacy Architects.
Severability
If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
Contact us
Please direct any questions and concerns regarding this agreement to us at:
Estate Architects LLC
d/b/a Legacy Architects
- Address
- 304 S. Jones Blvd #1784
Las Vegas, NV 89107 - Telephone
- (702) 337-3860
- [email protected]