Terms of Service

Welcome to Assetsinorder.com (the "Website"), a website that allows you to safely store individual, private and sensitive information online and have it conveniently available to loved ones upon your passing (the "Service"). The Website and Service are operated by Assets In Order, Inc. (referred to herein as "Assets In Order," "Us," "We," "Our," or "Party"). Please read this document carefully, as it contains the terms and conditions under which you can use the Service on the Website.

I. ACCEPTANCE OF AGREEMENT

To use the Website or the Service, You (hereinafter referred to as "You," "Your," "User," "Users," or "Party") must read and agree to this Terms and Conditions, including Our Privacy Policy (the "Privacy Policy"), and any future amendments (collectively the "Agreement"). To the extent that any inconsistencies exist among Our various policies and agreements, this Agreement shall control. We may, at Our sole discretion, modify or revise the Agreement at any time, and by continuing to use the Website or the Service after such a modification or revision, You agree to be bound by such modification or revision. Upon making a modification or revision to this Agreement, We will Post the modified or revised version on the Website.

IF YOU DO NOT ACCEPT AND ABIDE BY THIS AGREEMENT, YOU MAY NOT USE THE WEBSITE OR REGISTER FOR THE SERVICES. YOU ACKNOWLEDGE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE.

Please read this Agreement carefully before proceeding.

II. CONSIDERATION OF THE PARTIES

You understand and agree that You and Assets In Order have received adequate and reasonable consideration to enter into the Agreement including the mutual promises contained herein.

III. USING THE SERVICE AS A MEMBER

This Paragraph III of this Agreement shall only apply to You to the extent that You register for the Service to become a member ("Member") of Assets In Order. For as long as You continue to be a Member (the "Membership"), You agree to be bound by the terms and conditions of this Agreement that apply to all users and that apply specifically to Members.

A. Eligibility

By becoming a Member, You represent and warrant that You are at least 18 years old. By using the Service, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for Your sole, personal use. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.

B. Membership Plans

We shall provide one or more levels of the Service, each level being designated as a specific membership plan ("Membership Plan"). To become a Member, you must belong to at least one Membership Plan offered by Us. We reserve the right to change the terms and conditions of each Membership Plan, including terms related to pricing, the services offered under each Membership Plan, and the types and form of data You may store with Us under each Membership Plan.

Our current Membership Plans are as follows. For detailed information on each Membership Plan, please click on the links below to open a new window or tab containing the page on Our Website setting forth the pricing and features of each Membership Plan. This Agreement hereby incorporates by reference all information contained on Our Website pertaining to the individual Membership Plans listed here:

  • Basic Membership
  • Heritage Membership

C. The Service

Our Service allows a Member to safely store individual, private and sensitive information ("Private Information") online and have it conveniently available to loved ones upon the Member’s passing. Your Membership Plan sets forth the amount and format of Private Information You may provide to Us. Upon Your passing, Assets In Order will first verify Your death by contacting the individuals specifically chosen by You to verify your death to Us ("Verifiers"). Once We have verified Your passing, We will securely transmit Your Private Information to individuals specifically chosen by You to receive Your Private Information ("Recipients"). Your Membership Plan sets forth the number of Recipients You may authorize to receive Your Private Information and the number of Verifiers who must verify Your death to Us before We release Private Information to the Recipients. Your Verifiers and Recipients need not be the same individuals. You may not choose a Recipient or Verifier who is currently under the age of 18 .

D. Billing and Payment

We bill You through an online account (Your "Account") for use of the Service. You agree to pay Assets In Order all charges at the prices then in effect for the Membership Plan you have selected using Your Account, and You authorize Assets In Order to charge Your chosen payment provider (Your "Payment Method") for the Service. You agree to make payment using that selected Payment Method, under the terms and conditions set forth in this subparagraph. Assets In Order reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

1. Payment Method

Upon selecting a Membership Plan (other than Membership Plans involving no fees or charged by Us), the Website will direct You to enter Your Payment Method. The Website will provide You a list of available options. We do not accept any Payment Methods other than the options provided to you on the Website. Currently, we accept only American Express, Visa, Mastercard, and Discover credit cards and charge cards (inclusive of debit cards branded by American Express, Visa, Mastercard, or Discover).

2. Recurring Billing

Most Membership Plans consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by You. By entering into this Agreement, You acknowledge that Your Membership Plan may have an initial and recurring payment feature and You accept responsibility for all recurring charges prior to cancellation. As defined in the Membership Plan You select, You will be automatically extended for successive renewal periods of the same duration as the term originally provided in Your Membership Plan (e.g., yearly or monthly), at the then-current non-promotional rate associated with your Membership Plan. You may change your Membership Plan or discontinue Your Membership by using the Account Settings functions on the Website. If You discontinue Your Membership, You may use the Services associated with that Membership Plan until the end of Your then-current Membership term, but Your Membership will not be renewed after Your then-current term expires. However, You will not be eligible for a prorated refund of any portion of the fee paid for the then-current Membership Plan term.

ASSETS IN ORDER MAY SUBMIT PERIODIC CHARGES (E.G., YEARLY OR MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY ASSETS IN ORDER) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE ASSETS IN ORDER REASONABLY COULD ACT. USING YOUR ACCOUNT SETTINGS FUNCTIONS ON THE WEBSITE, YOU WILL BE ABLE TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.

3. Provided Payment Method Information

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION REGARDING THE PAYMENT METHOD FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE WITHIN THE ACCOUNT SETTINGS FUNCTIONS OF THE WEBSITE. IF YOU FAIL TO PROVIDE ASSETS IN ORDER ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU UNDER THE TERMS OF YOUR MEMBERSHIP PLAN UNLESS YOU HAVE TERMINATED YOUR MEMBERSHIP PLAN FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY US).

4. Reaffirmation of Authorization

Your non-termination or continued use of the Service according to Your Membership Plan reaffirms that Assets In Order is authorized to charge Your Payment Method. We may submit those charges for payment and You will be responsible for such charges. This does not waive Our right to seek payment directly from You. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when You initially agreed to a Membership Plan for the Service.

5. Free Trials and Promotions

Any free trial or other promotion that provides access to the Service must be used within the specified time of the trial. You must cancel Your Membership before the end of the trial period in order to avoid being charged a fee. If You cancel prior to the end of the trial period and are inadvertently charged, please contact Our customer care department to have the charges reversed. Under the terms of a particular free trial or promotion, You may be required to call Us to cancel or terminate Your free trial instead of having the ability to cancel or terminate directly through the Website.

E. Term and Termination

This Agreement will remain in full force and effect while You use the Service and/or are a Member. You may terminate Your Membership at any time by using the account settings functions on the Website. If You resign or cancel Your Membership, You may be given the option to provide a reason for Your resignation/cancellation. Any resignation or cancellation of your Membership will be subject to the terms of this Agreement in all respect, including, but not limited to, the terms contained in the previous paragraph of this Agreement governing your payment for the Services during your Membership.

We may terminate Your Membership at any time and for any reason by sending notice to You at the email address You associated with your Account, or such other email address as You may later provide to Us.

Upon such termination by Us without cause, We shall refund, pro rata, any unused portion of any payments that We have received from You. In the event that (a) You terminate Your Membership or (b) We determine, in Our sole discretion, that You have violated this Agreement or Our Privacy Policy, You shall not be entitled to, nor shall We be liable to You for, any refund of any unused portion of any subscription payments We have received from You, and We may continue to bar Your use of the Service in the future. Even after Your Membership is terminated, this Agreement will remain in effect.

F. Requirements for Use of the Service

The following requirements shall apply to You for Your use of the Service under any of Membership Plan.

1. Proper Purpose

You represent and warrant to Us that You shall only use the Service for a Proper Purpose. For the purposes of this Agreement, a "Proper Purpose" shall be limited to the communication and transmission of Private Information to individuals specifically chosen by You to receive Private Information ("Recipients") after your passing has been verified by individuals specifically chosen by You to verify your death to Us ("Verifiers"). Your Membership Plan sets forth the number of Recipients You may authorize to receive Private Information and the number of Verifiers who must verify Your death to Us before We release Private Information to the Recipients. You may also use the Service to store and retrieve Your Private Information.

You specifically acknowledge, represent and warrant to Us that, without limitation, the following do not constitute a Proper Purpose:

  • Distributing or sharing information in violation of any applicable law, including the United States Copyright Act;
  • Directing other persons, including Recipients and Verifiers to take any action or commit any omission in violation of any applicable law, including the United States Copyright Act;
  • Advertising or soliciting persons, including Recipients and Verifiers, to buy or sell any products or services;
  • Transmitting chain letters or junk email to Us or other persons, including Recipients and Verifiers;
  • Harassing or impersonating any person or entity;
  • Using any manual or automated device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Website;
  • Expressly stating or implying that any of Your Private Information is endorsed by Us, without Our specific prior written consent;
  • Interfering with or disrupting the Service or the Website or any of Our servers or networks connected to the Service or the Website;
  • Distributing or reproducing, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
  • Using, removing, copying or distributing any of Our copyrights, trademarks or proprietary information;
  • Disguising the origin of any information transmitted through the Service or the Website, by falsely stating or implying that such information was not transmitted through the Service or the Website;
  • Disguising the origin of any information not transmitted through the Service or the Website as having been transmitted through the Service or the Website;
  • Attempting, either individually or in conjunction with others, to reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website;
  • Uploading to Us, emailing Us or otherwise transmitting any material to Us that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware; and/or
  • Transmitting any information, including Your Private Information, that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.

We reserve the right to investigate Your Membership if You have used the Service for any purpose other than a "Proper Purpose."

2. Accuracy of Information and Obligation to Update

You represent and warrant to Us that the information You have provided Us in connection with establishing Your Membership is complete, accurate, and truthful. In particular, You represent and warrant to Us that You have provided to Us complete, accurate, and truthful contact information for the Recipients, the Verifiers, and You and that, in the event such contact information should change in the future, You shall update the contact information for the Recipients, the Verifiers, and You on the Website. At present, We require a phone number, email address, and mailing address for You and for each of Your Recipients and Verifiers. We reserve the right to obtain from You different types of contact information.

You further acknowledge that it is Your responsibility to update Your Recipients and Verifiers in the event that You decide to change any of Your Recipients or Verifiers. For example, if You choose Your current spouse to be a Recipient and Verifies, You might decide or have reason to decide to substitute other persons in the event You divorce Your current spouse. You hereby represent and warrant that You will update Your selection of Recipients and Verifiers as necessary to ensure that the Recipients and Verifiers associated with Your Membership are always accurate and reflect Your intentions and wishes.

3. Proprietary Rights

You represent and warrant to Us that You have the full right, title, and/or license to upload the information You store with Us, including the right, title, and/or license to upload passwords, pictures, videos, recordings, images, and other information whether originally in digital form or not. You specifically represent and warrant to Us that You will not use the Website to copy or distribute information, digital files, or data in contravention of any applicable law, including, without limitation, the United States Copyright Act. Except for that information which is in the public domain or for which You have been given express written permission, You will not upload any proprietary, private, or trade secret information belong to any other person. By posting information, photographs or content as part of the Service and your Membership Plan, You automatically grant, and You represent and warrant that You have the right to grant, to Us, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to copy such information and content strictly for the purposes of maintaining backups and to distribute such information and content to the individuals You have identified as Recipients for that information and content.

4. Content of Private Information

As set forth in Our Privacy Policy, attached to this Agreement as Exhibit A and incorporated by reference herein, We do not have access to or the ability to read the Private Information You provide to Us. Your Membership Plan sets forth the amount and format of Private Information You may provide to Us. You specifically represent and warrant to Us that Your Private Information shall not include any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You specifically represent and warrant to Us that Your Private Information is not intended to encourage or coerce any other person to violate any applicable law, including the laws of wills and probate, which govern the transfer of legal title of Your assets and property to Your heirs.

5. Communications From Assets In Order

By becoming a Member, You agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: system generated message notification emails and emails informing You of changes to the Service. You also agree to accept and consent to receiving emails informing You of promotions ("Promotional Emails") from Assets In Order or from third parties. You may opt out of Promotional Emails by following the “unsubscribe” instructions contained within each Promotional Email. If You choose to respond to promotions provided by third parties, You hereby expressly represent and warrant that Assets In Order takes no responsibility for any actions or omissions from such third parties and that You are responsible in all respects for Your decision to respond to a promotion from a third party. You hereby acknowledge that such third parties may have terms and conditions and privacy policies that differ substantially from this Agreement and that it is Your responsibility to review all aspects of your interactions with such third parties.

G. No Guarantees Regarding Recipient and Verifier Action

Assets In Order provides no guarantees or warranties regarding the actions of any Recipient or Verifier. You hereby acknowledge that it is possible that Your Recipients or Verifiers may not undertake the necessary steps to authorize Us to transmit Your Private Information to Your Recipients.

H. Non-Transferability of Membership Account

You understand and agree that Your Membership is non-transferable. You acknowledge and agree that upon the transfer of Your Private Information to Your Recipients, Your Membership will be terminated and all information provided by You, including Your Private Information, will be deleted.

IV. USING THE SERVICE AS A RECIPIENT

This Paragraph IV of this Agreement shall only apply to You to the extent that You register for the Service to become a Recipient of Private Information of a Member of Assets In Order. Until such time as You terminate Your status as a Recipient pursuant to the terms and conditions of this Paragraph IV, You agree to be bound by the terms and conditions of this Agreement that apply to all users and that apply specifically to Recipients.

A. Eligibility

By registering with the Service as a Recipient, You represent and warrant that You are at least 18 years old. By registering with the Service as a Recipient, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.

B. Term and Termination

This Agreement will remain in full force and effect until such time as You terminate Your status as a Recipient, unless You are also a Verifier or a Member and have not terminated Your status as a Verifier or terminated Your Membership. You may terminate Your status as a Recipient at any time by using the account settings functions or contact links on the Website. If You terminate Your status as a Recipient, You may be given the option to provide a reason for Your resignation/cancellation. Any termination of Your status as a Recipient will be subject to the terms of this Agreement in all respect.

We may terminate Your status as a Recipient at any time and for any reason by sending notice to You at the email address You associated with Your account, or such other email address as You may later provide to Us.

Upon termination of Your status as a Recipient, Your access to the Website will be terminated, unless You are also a Verifier or a Member and have not terminated Your status as a Recipient or terminated Your Membership. Nonetheless, You shall not receive any Private Information from the Member who originally designated You as a Recipient.

C. Receipt of Private Information

As a Recipient, You shall receive the Private Information of the Member who designated You as a Recipient upon our verification of the Member’s death. You hereby acknowledge and agree that the verification of a Member’s death may be delayed due to circumstances beyond Our control, including, but not limited to, the inability of a Verifier to provide Us with the required information. As a consequence, You hereby acknowledge and agree that it is possible that You may never receive the Private Information of the Member who designated You as a Recipient, including, but not limited to, the case that We cannot verify the Member’s death.

You will be provided with access to the Private Information in a digital format of Our choosing. You hereby acknowledge and agree that We are not obligated to provide You with the Private Information in a non-digital format or to transform the Private Information to any particular digital format.

D. Content of Private Information

The Private Information made available to You through the Service is strictly that of the Member who uploaded the Private Information and designated You as a Recipient. Such Member is solely responsible for the content of the Private Information. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRIVATE INFORMATION PROVIDED TO YOU AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRIVATE INFORMATION PROVIDED TO YOU. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE OR ANY PERSON'S RELIANCE ON ANY PRIVATE INFORMATION UPLOADED TO US BY A MEMBER AND PROVIDED TO YOU AS A RECIPIENT. MOREOVER, WE DO NOT HAVE THE ABILITY TO EXAMINE THE PRIVATE INFORMATION UPLOADED BY A MEMBER, AND BY ENTERING INTO THIS AGREEMENT AND BECOMING A RECIPIENT, YOU EXPRESSLY ACKNOWLEDGE THIS LIMITATION AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRIVATE INFORMATION PROVIDED TO YOU.

E. Use of the Private Information

You represent and warrant to Us that You shall comply with all applicable laws in using the Private Information, including, without limitation, the United States Copyright Act. Furthermore, You specifically represent and warrant to Us that the Private Information shall not be used by You to encourage or coerce any other person to violate any applicable law, including the laws of wills and probate, which govern the transfer of legal title of the Member’s assets and property to the Member’s lawful heirs.

V. USING THE SERVICE AS A VERIFIER

This Paragraph V of this Agreement shall only apply to You to the extent that You register for the Service to become a Verifier of the death of a Member of Assets In Order. Until such time as You terminate Your status as a Verifier pursuant to the terms and conditions of this Paragraph V, You agree to be bound by the terms and conditions of this Agreement that apply to all users and that apply specifically to Verifiers.

A. Eligibility

By registering with the Service as a Verifier, You represent and warrant that You are at least 18 years old. By registering with the Service as a Verifier, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.

B. Term and Termination

This Agreement will remain in full force and effect until such time as You terminate Your status as a Verifier, unless You are also a Recipient or a Member and have not terminated Your status as a Recipient or terminated Your Membership. You may terminate Your status as a Verifier at any time by using the account settings functions or contact links on the Website. If You terminate Your status as a Verifier, You may be given the option to provide a reason for Your resignation/cancellation. Any termination of Your status as a Verifier will be subject to the terms of this Agreement in all respect.

We may terminate Your status as a Verifier at any time and for any reason by sending notice to You at the email address You associated with Your account, or such other email address as You may later provide to Us.

Upon termination of Your status as a Verifier, Your access to the Website will be terminated, unless You are also a Recipient or a Member and have not terminated Your status as a Recipient or terminated Your Membership.

C. Verification of a Member’s Death

Upon the death of the Member who designated You as a Verifier, You must initiate the verification process through the Website. The purpose of the verification process is to protect against unauthorized disclosure of a Member’s Private Information during the Member’s lifetime. Our verification process is set forth on the Website, and We expressly reserve the right to change our verification process. At present, our verification process requires that at least one Verifier designated by a Member provides to Us a death certificate, a coroner’s report, or an affidavit from a funeral home as evidence of the Member’s death. If none of these documents are available, You agree to contact Us to discuss alternative means of verifying the Member’s death.

It is Your responsibility as a Verifier to initiate the verification process and to provide Us with the information and documentation We require to verify a Member’s death. You hereby acknowledge and agree that Your failure to provide the information We require to verify a Member’s death will prevent transmission of the Member’s Private Information to the Member’s designated Recipients. Your further expressly acknowledge and agree that Assets In Order does not monitor the lives of its Members, and thus We rely exclusively on a Member’s designated Verifiers to inform Us of a Member’s death.

D. No Receipt of Private Information

You hereby acknowledge and agree that as a Verifier, You shall not receive any Private Information of the Member who designated You as a Verifier, unless You are also one of that Member’s Recipients.

VI. INTELLECTUAL PROPERTY

All intellectual property rights in and to the Website and the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service or the Website are the property of their respective owners.

VII. PRIVACY

All information You provide to Us, including Your Private Information, will be stored and maintained according to our Privacy Policy currently in effect. Our Privacy Policy is expressly incorporated by reference herein to this Agreement as Exhibit A. Our Privacy Policy shall always be available on the Website.

VIII. ADDITIONAL TERMS AND CONDITIONS

A. Maintaining Your Access Credentials

You are responsible for maintaining the confidentiality of the username and password that You designate with Us, and You are fully responsible for all activities that occur under Your username and password. You agree to (a) immediately notify Assets In Order of any unauthorized use of Your username or password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Assets In Order will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing Your account from a public or shared computer or mobile device so that others are not able to view or record Your username and password or Your Private Information. If You share Your computer with others, You may wish to consider disabling Your web browser’s auto-sign in feature.

B. Release

In the event that You have a dispute with a Member, a Recipient, or a Verifier, You hereby release Us and Our principles, agents, employees, contractors, parents, subsidiaries, and affiliates from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

C. Indemnification

You hereby agree that You will defend, indemnify, and hold Us and Our principles, agents, employees, contractors, parents, subsidiaries, and affiliates harmless, for any losses, costs, liabilities or expenses (including reasonable attorney’s fees and litigation costs) relating to or arising out of Your use of the Service, including, but not limited to:

  • Any breach by You of this Agreement;
  • Any allegation that any information submitted to Us by You infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
  • Any allegation that You have sought to circumvent or otherwise avoid compliance with any applicable law, including the laws of wills and probates;
  • Any action or omission of a Recipient after the Recipient receives Private Information;
  • Any attempt by a third party to obtain Private Information in connection with a pending litigation or divorce matter;
  • Any investigation initiated by any government authority regarding Private Information; and/or
  • Any misuse of Private Information by a Recipient, including misuse as a result of a Member’s failure to substitute an intended Recipient for an existing Recipient. You hereby acknowledge and agree that this indemnification obligation shall apply without regard to the negligence of any party, including any indemnified party.

D. No Warranties by Assets In Order

WE PROVIDE THE SERVICE ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

E. No Representations Regarding Wills, Probate, or Intestate Succession

Assets In Order is not a substitute for a will or other document that governs the transfer of assets to a Member’s heirs. You hereby acknowledge and agree that using the Service does not serve as a substitute for a will and does not exempt any assets from the laws of probate and intestate succession in Your jurisdiction. You hereby acknowledge and agree that Assets In Order has not represented to You or led You to believe that by using Assets In Order, You need not obtain independent legal advice to assist You in preparing an enforceable will or in determining Your rights as an heir. Assets In Order is not a law firm and provides no legal advice. You should consult with a qualified attorney for advice regarding the preparation of a will and the disposition of assets to heirs.

F. Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE.

G. Dispute Resolution and Arbitration

This Agreement is governed by the laws of the State of Texas without regard to its conflict of law provisions. Any dispute arising out of this Agreement, Your use of the Website, or Your use of the Service shall be adjudicated by binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in Houston, Texas. In the event a court action is initiated in connection with this Agreement, Your use of the Website, or Your use of the Service, You agree to personal jurisdiction and exclusive venue in the state and federal courts sitting in Harris County, Texas. The preceding sentence shall not be construed in any way as to limit the requirement that a dispute arising out of this Agreement, Your use of the Website, or Your use of the Service be adjudicated by binding arbitration as set forth in this subparagraph.

H. No Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in this Agreement. In such case, the other provisions of this Agreement shall remain in full force and effect.

I. Reservation of Rights to Use Information

We reserve the right to access, read, preserve, and disclose any information we reasonably believe is necessary to: (a) satisfy any applicable law, legal process, or government request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to customer support requests; (e) respond to claims that any content violates the rights of third parties; (f) establish or exercise our legal rights or defend against legal and/or equitable claims, or (g) protect the rights, property, or safety of Assets In Order, its users, and the general public.

J. Technical Changes in Content

You understand and agree that in the technical processing and transmission of content using the Service, that content may be transmitted over various networks and that these networks may modify, edit, or otherwise change content to conform and adapt to technical requirements of these networks’ software, hardware, and other equipment.

K. Interstate Commerce

You understand and agree that by using the Website and the Service, You will be causing communications to be sent over Our network and other various networks. As a result, communications that seem intrastate in nature can result in transmission of interstate communications regardless of where You or the receiving party are located at the time of transmission. As such, this Agreement is an acknowledgment and admission that use of the Website and the Service results in interstate communications.

L. No Third Party Beneficiaries

You hereby acknowledge and agree that there shall be no third party rights or third party beneficiaries created or conferred under this Agreement.

M. Entire Agreement

This Agreement constitutes the complete and exclusive statement of agreement between You and Us with respect to the Website and the Service and other subject matter herein and replaces and supersedes all prior written and oral agreements, including prior versions of this Agreement.

N. Assignment

We may assign this Agreement, in whole or in part, at any time with or without notice to You. You understand and agree that You may not assign this Agreement, or any part or it, to any other person or entity. Any attempt by You to do so is void and unenforceable. Further, You may not transfer to any person or entity, either temporarily or permanently, any rights to use the Website or the Service or any part of the Website or the Service.

O. Paragraph Headings

All headings herein are inserted only for convenience and ease of reference and are not to be considered in the interpretation of any provision of this Agreement. P. Jurisdictional Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS STATED IN THE AGREEMENT MAY NOT APPLY TO YOU.

Q. United States Export Controls

Software from the Website and the Service (the "Software") may be further subject to United States export controls. No Software may be downloaded from the Website or the Service or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the Software, the Website, or the Service, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.