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Terms Of Use

Estate.Studio Terms of Use

 

PLEASE READ THESE TERMS OF USE (THE “TERMS OF USE”) CAREFULLY BEFORE USING THIS SITE.  YOU AGREE THAT, BY USING THE SITE AND OUR SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. USING OUR SITE AND SERVICES (BOTH AS DEFINED BELOW) CONSTITUTES YOUR ACCEPTANCE TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU ARE PROHIBITED FROM USING OR ACCESSING THE SITE AND SERVICES PROVIDED BY ESTATE.STUDIO.

 

  1. Services. Estate.Studio, LLC D/B/A Estate.Studiotm (“Estate.Studio”, “us”, “our” or “we”) is a comprehensive digital estate for consumers and estate planning professionals (collectively, “Users”). Its properties consist of the website https://Estate.Studio, subdomains therein and any affiliate website utilized by Estate.Studio (collectively, the “Site”), our dynamic proprietary and objective RateMyEstate(R) vulnerabilty assessment and all other assessments created by the Company and offered to Users (collectively, the “Assessment”), life-long storage of documents and other media in a personal data room, our unique time capsule (“Time Capsule”) with time-locked access for securing precious information, data and memories, our professional directory for facilitating relationships with estate planning professionals presently known as “the HuB” (“Directory”), legal document service (“Document Preparation Services”), mobile applications (“Mobile Apps”), an online account accessing a portal for Users (consumers and professionals) (“Portal”), and supporting educational materials and content in all means and media (collectively, the “Services”). Our Site and Services provide users with meaningful access to and collaboration with estate and estate-related professionals, and so much more. Users are moved through the estate planning process and provided with general educational materials about estate planning and common legal issues and risks associated with estate planning and the lack thereof. In these Terms of Use, the words “you” and “your” refer to each user of our Services, whether a consumer, user, professional or otherwise.

 

  1. Ownership. This Site and our Services are owned and operated by Estate.Studio. All right, title and interest in and to the Site, Services and materials associated therewith, including without limitation, information, documents, reports, algorithms, trademarks, software code, logos, graphics, sounds and images (the “Materials”) are owned either by Estate.Studio or by our respective third-party partners, authors, developers and/or vendors (“Third Party Providers”). Except as otherwise expressly provided by us, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way without our prior written consent, which may be withheld in our sole and absolute discretion.  Nothing on this Site or on any Services shall be construed to grant any license under any of our intellectual property rights, whether by estoppel, implication or otherwise. Estate.Studio does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by us. Any rights not expressly granted herein are reserved by Estate.Studio.

 

Copyrights

 

All design, text, graphics, as well as the selection and arrangement of all content on the Site, Services and Materials, are the copyright-protected property Estate.Studio. ALL RIGHTS RESERVED.

 

Trademarks 

 

Estate.Studio, https://Estate.Studio, its respective domains, related domains and subdomains, RateMyEstate(R), their respective names and logos, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Estate.Studio and RateMyEstate(R) are the exclusive property of Estate.Studio. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

 

  1. Acceptance of these Terms of Use.  Your use of the Site and any of our Services means that you expressly agree to follow and be bound by these Terms of Use including, without limitation, the limitations listed below, and to agree to comply with all applicable federal and state laws and regulations. We may change these Terms of Use from time to time. By continuing to use our Services after any modifications have been posted, you agree to the modified Terms. You further acknowledge and agree that individual modifications to these Terms of Use are not permitted and will not be effective.
  • modify, copy, prepare derivative works of, decompile, or reverse engineer the Site, Services, and/or Materials;
  • remove any copyright or other proprietary notations from any Materials on this website;
  • transfer the Materials to another person or “mirror” the Materials on any other server;
  • knowingly or negligently use the Site, Services, and/or Materials in a way that abuses or disrupts our networks or any other Service Estate.Studio provides;
  • use the Site, Services and/or Materials to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  • use the Site, Services and/or Materials in violation of any applicable laws or regulations;
  • use the Site, Services and/or Materials in conjunction with sending unauthorized advertising or spam;
  • harvest, collect, or gather User Information or User Data without the User’s prior written consent; or
  • use the Site, Services and/or Materials in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

 

  1. Effect of these Terms of Use; Other Legal Materials.  These Terms of Use dictate, among other important terms, relate to the services we provide you, each of our obligations, and each of our rights with respect to the Site and Services, as well as govern issues relating to how disputes are resolved between you and us, such as the venue, location and manner of such resolution.  Disputes are on an individual basis and preclude your ability to have a jury trial or engage in a class action. They also limit your available legal and equitable remedies. Please also refer to our Privacy Policy and Supplemental Terms of Service for Subscriptions, each of which is incorporated herein by reference.

 

  1. No Legal Advice. At no time do we review your responses to the Assessment for accuracy or legal sufficiency.  Likewise, we do not draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Estate.Studio is not a law firm and does not perform services performed by an attorney. Estate.Studio, its Services, and its forms or templates are not a substitute for the advice or services of an attorney. Moreover, while our Services are comprehensive and provide you with helpful tools to facilitate a better and more thorough estate planning experience, at no time is an attorney-client relationship created between you and Estate.Studio. Instead, you acknowledge that you are representing yourself in any legal matter in which you engage through Estate.Studio’s Document Preparation Services. Likewise, to the extent you hire an attorney through our Directory, you are doing so at your own risk.

 

Estate.Studio neither represents nor implies to you or the public that it is endorsed or approved by The Florida Bar, the California Bar Association, the New York Bar Association, or the Texas Bar Association, or any other state, city or county bar in which Estate.Studio does business.

 

To the extent Estate.Studio offers Document Preparation Services, Estate.Studio strives to keep its legal documents accurate, current and up-to-date. However, the law changes quickly and regularly, so we do not guarantee that all of the information on the Site or Services is completely accurate or current. In addition, each jurisdiction has different rules and laws, and courts may interpret these rules and laws differently. The law – and particularly estate planning – is a very personal and intimate matter and no general information or legal tool including our Services provides a solution for all circumstances.  Furthermore, any information, including legal information, that may be present on the Site and in our Services is not legal advice and is not guaranteed to be accurate, correct, complete or up-to-date. For this reason, you should consult with a licensed attorney in your area using our Directory or otherwise to obtain legal advice for your specific facts, circumstances, needs and goals, or if your specific problem is too complex to be addressed by our tools.

 

  1. Privacy Policy. Estate.Studio respects your privacy and enables you to control the visibility to and access of your personal information. A complete statement of our current Privacy Policy can be found by clicking here. Our Privacy Policy is expressly incorporated  by reference into this Terms of Use.

 

Providing your email to us in any of our Services creates an account for you. When you create an account or access all or part of the Site or our Services, you will be asked to enter your email address, and you will receive a link to authenticate your access at such email account. We do not presently use passwords to maintain elevated security. You are solely responsible for maintaining the security and confidentiality of your email account. You agree to notify us promptly of any unauthorized use or access to your account. Estate.Studio shall not be liable for any losses that you incur as a result of someone else’s use of your email or Estate.Studio account, whether with your express consent, without your knowledge or otherwise. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of or access to your Estate.Studio.

 

Information that we obtain from you via our Site and/or Services will be protected pursuant to our Privacy Policy. However, you grant us a worldwide, royalty-free, non-exclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information for the limited purpose of enabling your use of the applicable Service and providing you with a personalized experience, including ads, along with the other purposes we explain in detail in our Privacy Policy. Of course, you may, at any time, revoke this license and terminate these rights held by us by removing your personal information from the applicable Service or deactivating your Estate.Studio account.

 

  1. Limited Permission to Download. Estate.Studio hereby grants you limited permission to download, view, copy and print the Materials on any single, stand-alone electronic device (computer, tablet, phone, etc.) solely for your personal, informational, non-commercial use; provided, however, that (i) in all instances the copyright and trademark notices appearing on any Materials shall not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use or you deactivate your account with us. Upon such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.  Estate.Studio reserves all rights relating thereto.

 

  1. Connections and Links to Third-Party Sites. The Site and Services utilize the services of third-party websites and applications or may contain links to websites controlled by parties other than us (each a “Third Party Site”). We work with several partners and affiliates whose sites are linked with us. We may also provide links to other sites or resources with whom we are not affiliated. Our Privacy Policy explains our commitment to protect your User Information (as defined below). However, Estate.Studio is not responsible for and does not endorse or accept any responsibility for the availability, security, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. 

 

Moreover, we make no guarantees about the security, content or quality of the products or services provided by such sites. Estate.Studio is not responsible for webcasting or any other form of transmission received from any Third Party Site. With regard to links on our Site or in our Services, we provide these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the Third Party Site. Likewise, such inclusion does not imply that Estate.Studio sponsors, is affiliated or associated with, guarantees, promises, represents, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge and understand that you bear all of the risks associated with access to and use of content provided on a Third Party Site and agree that Estate.Studio is not responsible for any loss or damage of any sort you may incur from dealing with a Third Party Site. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site. We use reasonable efforts to protect the security of third party sites.

 

  1. Use of Estate Studio Legal Forms. On our Site, through our Services, and through certain partners, we may offer do-it-yourself (DIY) “fill in the blank” forms (i.e. Document Preparation Services). If you purchase a form from us or one of our partners, you may be directed to that partner’s website and their terms of use will control. If you buy or download a form on our Site or Services, these Terms of Use shall control. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

 

License to Use.

 

Estate.Studio grants you a limited, personal, non-exclusive, non-transferable non-commercial license to use our forms (the “Forms”) for your own personal use. If you are an attorney or professional, this limited license extends to you for the benefit of your client(s). Except as otherwise provided herein, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

 

Resale of Forms Prohibited.

 

By ordering or downloading our Forms, you agree that the Forms that you purchase or download may only be used by you for your personal use or used by you in connection with your client and may not be sold or redistributed without our prior written consent, which we may withhold in our sole and absolute discretion.

 

  1. 10. Dispute Resolution; Waiver of Jury Trial and Class Action. PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL AND OTHER RIGHTS.

 

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at support@estate.studio.

 

However, if we are unable to resolve a dispute with you after you’ve attempted to do so informally, then as a condition to your use of the Site and/or the Services, we mutually agree to resolve such dispute through one (1) of two (2) ways: either binding arbitration or judicial proceedings through the court system as described below, whichever we decide in our sole and absolute discretion. In either case: (i) YOU KNOWINGLY, WILLINGLY AND IRREVOCABLY WAIVE ANY TRIAL BY JURY, (ii) may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action, as class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations and/or judicial proceedings are prohibited; and (iii) in any action to enforce or interpret the terms of these Terms of Use, the prevailing party shall be entitled to its reasonable attorneys’ fees and all related costs and expenses of litigation and/or arbitration, or at trial or on appeal, if any, whether or not litigation and/or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with these Terms of Use.

 

Before you or we may engage in arbitration or legal proceedings with one another to resolve a dispute, the initiating party must first send to the other party, by certified mail, a written notice of dispute. Any notice to Estate.Studio shall be addressed to Estate.Studio ℅ Haimo Law, 8201 Peters Road, Suite 1000, Plantation, Florida 33324. Any notice to you shall be sent to your address as set forth in our records of account or such other legal address as we are able to identify.

 

Arbitration 

 

If we elect to utilize binding arbitration, then such proceeding shall be conducted under the auspices of JAMS Alternative Dispute Resolution (“JAMS”). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. Venue of such arbitration shall be, exclusively, in Broward County, Florida. You waive your right to contest venue and you irrevocably consent to personal jurisdiction of such arbitration being located in Broward County, Florida. 

 

Judicial Proceedings 

 

If we elect to engage in judicial proceedings to resolve a dispute, such dispute shall be adjudicated in the state or Federal courts in Broward County, Florida, and you irrevocably consent to personal jurisdiction and venue in such courts. In addition, by using our Services, you agree that applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute of any sort that might arise between you and Estate.Studio.

 

Estate.Studio may, in the future, make changes to these provisions regarding dispute resolution by providing notice in accordance with the “Modifications” section below. You may reject any changes to this section made while you have an account by simply deactivating your account. Your use of the Site or the Services after thirty (30) days of a Modification constitutes your express consent to such Modifications.

 

  1. Reviews, Testimonials, Comments, Communications, and Other Content. At various locations on the Site and on our Services, we may permit visitors to post content such as, without limitation, ratings, reviews, testimonials, comments, questions, answers, and other information (the “User-Generated Content”). Such contributions to, access to and use of the User Content is subject to the terms of this paragraph and the other terms and conditions of these Terms of Use.

 

Our Rights and Responsibilities.

 

We are not the publisher or author of the User-Generated Content. Therefore, we take no responsibility and assume no liability for any content posted by any users including you. We cannot guarantee the security of our systems, but we take reasonable steps to maintain our security. If you have reason to believe our system security has been breached, please promptly contact support by email for help.

 

If our staff reasonably concludes that files or processes belonging to a user pose a threat to the operation of our system or Services or to the security of other users, Estate.Studio reserves the right to delete those files or to stop those processes. If our staff suspects a username is being used by someone who is not authorized by the proper user, we may temporarily or permanently disable that user’s access in order to preserve system security. In all such cases, we will contact the user as soon as reasonably practical. Estate.Studio has the unfettered right in its sole and absolute discretion to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User-Generated Content.

 

Rights and Responsibilities of Estate.Studio Users or Other Posters of User Content.

 

You are legally and ethically responsible for any User-Generated Content, including, without limitation, writings, files, pictures or any other content that you post or transmit using any of our Services that allows interaction or dissemination of information. In posting User-Generated Content, you agree that you will not submit any content that:

 

  • you know is false, inaccurate or misleading;
  • infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
  • violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
  • is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
  • includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
  • includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
  • contains any computer virus, trojan horse or other potentially malicious or damaging computer programs or files; or
  • otherwise violates these Terms of Use.

 

Attorneys who submit User Content and provide advice do so at their own risk.

 

Under United States federal law, you retain copyright on all works you create and post as User-Generated Content, unless you choose specifically to renounce it. In posting a work as User-Generated Content, you authorize other users who have access to that service to make personal and custom use of such work, including creating links or reposting, but not otherwise to reproduce or distribute the work without your permission.

 

You grant Estate.Studio a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate User-Generated Content into any form, medium, means (known or unknown) or technology throughout the world. You have the right to remove any of your works from User-Generated Content at any time, but our rights under the foregoing license survive such removal.

 

You are not required to provide your real name when signing up as a user of Estate.Studio. We  permit anonymous or pseudonymous accounts. 

 

By submitting your email address in connection with your rating and review, you agree that Estate.Studio may use your email address to contact you about the status of your review and other administrative purposes.

 

  1. NO WARRANTIES. THE SITE, SERVICES AND ALL MATERIALS, DOCUMENTS AND/OR FORMS PROVIDED IN CONNECTION WITH THE SITE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

WE MAKE NO WARRANTY THAT: (A) THE SITE, SERVICES OR THE MATERIALS WILL MEET YOUR NEEDS; (B) THE SITE, SERVICES, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES, AND/OR ANY MATERIALS OFFERED THROUGH THE SITE OR SERVICES, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

 

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR ELECTRONIC DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR SERVICES OR DOWNLOAD OF ANY CONTENT, MATERIALS OR INFORMATION.

 

NOTWITHSTANDING THE ABOVE, WE OFFER A THIRTY (30) DAY SATISFACTION GUARANTEE. IF YOU ARE DISSATISFIED WITH OUR SERVICES, SIMPLY EMAIL REFUND@ESTATE.STUDIO, AND WE WILL REFUND YOUR MONEY IN A REASONABLE TIME. 

 

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD ESTATE.STUDIO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE HOWEVER IT ARISES (INCLUDING REASONABLE ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND/OR ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY, TAXES, COURT COSTS, LOSSES, PROPERTY DAMAGE OR ANY OTHER HARM, ARISING FROM THIS AGREEMENT, YOUR USE OF THE SITE OR SERVICES AND MATERIALS, AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF ESTATE.STUDIO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ESTATE.STUDIO, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

NO ACTION ARISING OUT OF, OR PERTAINING TO, THESE TERMS OF USE MAY BE BROUGHT AGAINST ESTATE.STUDIO OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS MORE THAN ONE (1) YEAR AFTER THE ALLEGED CAUSE OF ACTION HAS ARISEN.

 

  1. Ownership of User Information. Except to the contrary notwithstanding herein, by law or other applicable rights of other parties, each user owns all of the right, title and interest in and to its personal, sensitive, and/or confidential information and content that it uploads to our Services (“User Information”). Accordingly, Estate.Studio does not own any interest in User Information other than the rights set forth herein. Users are free to update, amend, share or otherwise delete their User Information in their sole and absolute discretion. You are using our Site and Services at your own risk; therefore, you must be mindful of how and to whom you share your User Information with other users, trusted contacts and/or professionals. ESTATE.STUDIO IS NOT RESPONSIBLE FOR DAMAGES, CLAIMS OR ANY LIABILITY THAT YOU MAY INCUR AS A RESULT OF YOUR DECISION TO SHARE YOUR USER INFORMATION WITH OTHERS, AND YOU WAIVE ANY AND ALL CLAIMS, DAMAGES AND LIABILITY ASSOCIATED WITH SUCH SHARING OF YOUR USER INFORMATION.  

 

  1. Ownership of User Data. Estate.Studio owns all right, title and interest in and to all of the data collected from your use of the Site and our Services (“User Data”). User data includes all data collected from your use of our Site and Services, such as, without limitation, the type, quantity and amount of content and data comprising your User Information and the type of content and data that is not contained within your User Information. More information on this can be found in our Privacy Policy. 

 

  1. Limited License to Use User Information.  For the duration of time that you have an account with Estate.Studio, you grant us a worldwide, royalty-free, non-exclusive license to use all, part or none of your User Data for the purposes of providing you with a personalized experience, including, without limitation, ads, along with the other purposes we explain in detail in our Privacy Policy. 

 

  1. No Selling of User Information. We respect your privacy. We do not sell any of your User Information without your prior consent, though we do provide you with personalized ads. Some states define selling information differently. You can find more information about that in our Privacy Policy.

 

  1. Compliance with Intellectual Property Laws. When accessing Estate.Studio or using the Estate.Studio legal Document Preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Site and Service is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your Estate.Studio user account.

 

Estate.Studio has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on our rights or the rights of a third party. Our policy is to remove such infringing content or materials and investigate such allegations immediately.

 

Copyright Infringement:

 

Notice: Estate.Studio has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. We have adopted a policy of immediately suspending and/or terminating any User who is found to have infringed our rights or rights of a third-party, or otherwise violated any intellectual laws or regulations. Upon receiving notice as set forth herein, our policy is to act diligently to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 

 

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

The above-written information must be sent to our Copyright Agent: Estate.Studio ℅ Haimo Law, 8201 Peters Road, Suite 1000, Plantation, Florida 33324. 

 

Counter-Notice. If you believe that your content was removed (or to which access was disabled) is not infringing on the rights of others, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a written counter-notice containing the following information to our Copyright Agent: Estate.Studio ℅ Haimo Law, 8201 Peters Road, Suite 1000, Plantation, Florida 33324: 

 

(1) Your physical or electronic signature; (2) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Broward County, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in approximately fourteen (14) business days after receipt of the counter-notice, at our sole and absolute discretion.

 

Importantly, Estate.Studio reserves all right to remove content that is infringing or allegedly infringing (even if it is not in fact infringing) in our sole and absolute discretion.

 

  1. Inappropriate Content. When accessing the Site or the Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Estate.Studio reserves the right to terminate or delete any and all such material from all visibility across the Site and the Services in its sole and absolute discretion. Estate.Studio will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

 

  1. Compliance with Export Restrictions. You may not access, download, use or export the Site or Services or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Site, Services and/or Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

 

  1. Personal Use. The Site and Services are made available for your personal use on your own behalf and at your own risk and not for commercial use. 

 

  1. Children. Individuals who are under eighteen (18) years of age (i.e. minors) are not eligible to use the Site, Services or Materials and we ask that they do not submit any personal information to us. We will promptly delete any account belonging to a minor upon our discovery.

 

  1. Non-English-Speaking Customers. Certain materials on our Site, Services and/or Materials including but not limited to questionnaires, documents, instructions, and reports, may only be available in English. Non-English translations of these Terms of Use, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controlling.

 

  1. Customers Needing Extra Assistance. Estate.Studio aims to provide full access to its Site, Services and Materials regardless of disability. If you are unable to utilize any part of our Site, Services and/or Materials, or otherwise have difficulties using them, please contact accessability@estate.studio and our customer care team will assist you.

 

  1. Legal Proceedings. In the event that Estate.Studio receives or its representatives are subpoenaed to produce information or documentation, subpoenaed to participate in legal proceedings, subpoenaed for a deposition, or is otherwise involved in any legal process in connection with a User or its account, then Estate.Studio is forced to expend resources to respond to such events. In each such case, you agree on behalf of your estate heirs, successors and assigns, to be solely financially responsible for compensating Estate.Studio in the amount of $2,500 for each instance thereof plus its reasonable attorney fees and costs associated therwith. 

 

  1. Governing Law. Any legal action or proceeding relating to these Terms of Use, or your use of the Site, Services and/or Materials, shall be governed by the laws of the state of Florida. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

 

  1. Professional Directory.  Our Directory facilitates connections between users and estate-related professionals who are participating on our Directory service. Except as required by law, Estate.Studio does not represent, warrant, promise or guarantee that a professional on the Directory: (a) possesses a minimum number of years’ experience practicing in its area of competency, (b) maintains errors and omissions insurance policies consistent with industry standards, (c) is in good standing with the regulatory agency governing the professional (such as the state bar), (d) has no pending or prior malpractice lawsuit(s), as of the date of joining the Directory and (e) has no public record of discipline by a regulatory agency (such as the state bar) within the last several years.  

 

  1. Use of Testimonials and Media Endorsements. All endorsements on the Site, Services and/or Materials are paid, made voluntary or otherwise compensated spokespeople in our advertising campaigns.

 

  1. Right to Refuse. You acknowledge that Estate.Studio reserves the right to refuse service to anyone and to terminate any aspect of user access at any time and for any reason, as determined in our sole and absolute discretion.

 

  1. Severability. You agree that if any provision of these Terms of Use is found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use to the maximum extent permitted by law and shall not affect the validity and enforceability of such other provisions.
  2. Notifications. We may provide you with notices via email at the most recent address you have provided, or through posting information on our website.

 

  1. Revisions and Modifications. We reserve the right to change these Terms of Use from time to time. By continuing to use our Services after any modifications have been posted, you agree to the modified Terms of Use. You further acknowledge and agree that individual modifications to these Terms of Use aren’t permitted and won’t be effective.

 

  1. Acknowledgement. BY USING OUR SERVICES OR ACCESSING THE SITE, SERVICES AND/OR MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

Updated: March 29, 2024