Terms & Conditions
In these Terms & Conditions, “You” means the account holder and anyone to whom you directly or indirectly give any of your passwords, and anyone who otherwise obtains any of your passwords directly or indirectly from you; “Site” or “Website” means familyandheirs.com (also referred to as Family And Heirs); and “We” or “Us” means the Website, its corporate ownership, and its officers, directors, shareholders, employees, or consultants. You agree:
That you will use this Site pursuant to these Terms & Conditions. We reserve the right, in our sole discretion, to terminate your access to the Site and to close your account at any time, with notice or without notice, for violation of these Terms and Conditions.
That you will use this Site for only honest, legal activities.
That you agree that the Site may operate and perform as described on the Website.
That you will not damage, disable, overburden, or impair the Site, or interfere with any other user’s use of the Site. You may not obtain, or attempt to obtain, any materials or information stored on the Site through any means not intentionally made available to you by us.
That you agree that all text, graphics, logo, images as well as any compilation thereof, and any software used on the Site, is our intellectual property and is protected by copyright, trademark, and other laws.
That the fees you have paid for initial service or for annual renewal are not refundable, except that you may request, and receive, a full refund during the first week (7 days) of service (i.e., if you initiated service on a Tuesday, you may request a refund through the following Monday).
That we will not write your Will or Trust; that we do not read your Will or Trust; that we do not provide any legal counsel or advice to you; that we do not know whether your Will or Trust is suitable for you, or whether your Will or Trust is legally completed and effective. All such matters are between you and your personal lawyer. We’ll never even see your Will or Trust, but if you choose to show it to us, we will not provide any legal advice as to its efficacy, its legality, or its suitability. You agree that nothing posted on the Site constitutes legal advice and that no fiduciary duty has been created between you and us.
That it is solely your responsibility to maintain and keep up-to-date all information you store on our Site. The content, completeness, usefulness, and currency of your information is under your sole control.
That it is your responsibility to timely renew your account before the end of the paid term. We do not do "auto-renewals”. You need to personally enter your renewal each year. We do this in an effort to get you to review and keep up-to-date all information you have placed in your Pre-Planning Questionnaire and all files you have uploaded.
Accounts that do not renew will be deleted following a grace period of our discretion. Deleted accounts may not be renewed. A new account would need to be established and the data to be stored will need to be uploaded again. We do not review your data, and we do not save your data if you do not renew. If your paid period has lapsed, but the account is still up during a grace period, you may renew, and your renewal will be dated to begin upon the end of the previous term.
That you are responsible for maintaining the security of your passwords. Your passwords will enable you to use the Website. The account password should never be shared. The Read-Only database password may be shared with persons in whom you have complete trust and confidence. If you discover that your passwords have been compromised, you should login immediately and change your passwords.
That you agree that the maximum amount for which you can sue us is the amount you have paid to us in fees during the single year period during which your claim or claims arose. This limitation is called “liquidated damages” and you are agreeing that any damage claim you may bring will be limited to the fees you have paid us (either the initial fee or renewal fee, but not both, plus any amount you paid for additional MBs of storage) during the one-year term when your claim arose. All claims must be made solely against our corporate owner. You further agree that to the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, punitive, or special damages, loss of profits, data or revenues, or other tangible or intangible losses resulting from our services, or the inability to access or use our services, or unauthorized access to our services or our Website or our servers or database, including unauthorized access or use of your transactions, transmissions or content. We do not accept responsibility for the security of your account, content, or data through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network. You further agree that any claims, lawsuits, or arbitration brought against us will be adjudicated on an individual basis and that class actions and class arbitration are not permitted. All arbitrations or lawsuits shall be venued in Montgomery County, Texas, and Texas law will control all issues.
That your account at familyandheirs.com is not assignable and may not be sold or leased by you.
That we are not responsible for technical issues beyond our control, including the loss or corruption of data in the Internet or at any Internet server, including those used by us, along the Internet pathway, or any such place as your data may move or be stored.
That we make no representations about the suitability of this site to your individual needs. There are no warranties or implied warranties of fitness for a particular purpose.
Our Terms & Conditions may change over time, and the new “Terms and Conditions” will become applicable to you either immediately or upon your next renewal as we shall determine.