Last updated: September 30, 2021
Just In Case Estates, LLC (“Just In Case Estates”, “we” or “us”) is pleased to provide you certain websites, software, applications, content, products, and services (“Just In Case Estates Products” or “Products”).
YOU AGREE THAT BY USING THE PRODUCTS YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
ANY DISPUTE BETWEEN YOU AND US, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
Table of Contents
- Disclaimer and Limitation of Liability
- User Interactions, Usage Rules, and Restrictions
- DMCA Takedown Notices
- Contests, Sweepstakes, and Promotions
- Binding Arbitration and Class Action Waiver
- Additional Provisions
B. Agreement. You represent to Just In Case Estates that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you created a Just In Case Estates account (and agree to this Agreement at the time that you created this account) or whether you simply browse, use, or access a Just In Case Estates Product offered directly by Just In Case Estates or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Just In Case Estates Product). If you do not agree to the Agreement, you may not use the Just In Case Estates Product.
C. Supplemental Terms. This Agreement governs the Just In Case Estates Products in general. More specific and/or supplemental terms and conditions may apply to some Products, including but not limited to, a particular contest, software, application, service or other activity. Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use the Just In Case Estates Product.
E. Accounts. Some Just In Case Estates Products permit or require you to create an account to use the Products, including to create and manage your legal documents. You agree that any information you provide and maintain is accurate, current, and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password, or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information that you provide.
F. Passwords and Security. You agree that you will not share your account or account information with others. Notwithstanding the foregoing, you may share information regarding and access to your Estate Plan through the built-in sharing features of the Member Portal. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control, including for the avoidance of doubt, the sharing of your Estate Plan information through the built-in sharing features of the Member Portal with other person(s) or entities.
G. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you provided. You agree that these electronic notices satisfy any legal requirements such communications be in writing.
H. Termination or Suspension. We reserve the right to terminate or suspend your access to Just In Case Estates Products, and/or terminate this Agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you used the Just In Case Estates Products in violation of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Just In Case Estates Products.
Disclaimer and Limitation of Liability
A. JUST IN CASE ESTATES IS NOT A LAW FIRM
JUST IN CASE ESTATES IS NOT A LAW FIRM, AND DOES NOT PROVIDE LEGAL ADVICE. WHILE JUST IN CASE ESTATES STRIVES TO ENSURE THAT ITS AUTOMATED SERVICES ARE COMPLETE, THEY ARE MEANT PURELY AS SELF-HELP, “DO-IT-YOURSELF” FORMS. THE MATERIALS AND SERVICES PROVIDED ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY.
Just In Case Estates provides an online legal platform to give visitors to our Products a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. Our websites and applications contain general information on commonly encountered legal issues. Our services may also provide a cursory review of your answers and submissions for completeness, spelling, and for internal consistency of names, addresses, and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, offer 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. Just In Case Estates is not a law firm and may not perform services performed by an attorney.
Just In Case Estates strives to keep our legal documents accurate, current, and up-to-date. However, because the law changes rapidly and is different from jurisdiction to jurisdiction, Just In Case Estates cannot guarantee that all of the information on our Products is completely current, and interpretation of the law may vary by different courts. The law is a personal matter, and no general information or tool like the kind Just In Case Estates provides can fit every circumstance. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our Products, you should consult an attorney licensed in your state with expertise in your specific problem area.
B. Tax Advice Disclosure. Just In Case Estates does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from Just In Case Estates is intended only for general education and is not to be construed or relied on as tax advice. If need tax advice, you should consult a certified tax professional. Although Just In Case Estates does not provide any tax advice, we do provide this disclosure to comply with requirements imposed by the Internal Revenue Service under Circular 230:
We inform you that any U.S. federal tax advice contained in any communication from Just In Case Estates is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.
C. Service provided ‘As Is’ and ‘As Available’. THE JUST IN CASE ESTATES PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under this Agreement.
D. Limitation on Liability. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
User Interactions, Usage Rules, and Restrictions
A. User Interactions. You are solely responsible for your interactions with the Just In Case Estates Product and with your interactions with other users of the Product. Just In Case Estates reserves the right, but does not have the obligation, to monitor disputes and interactions between you and other users. Just In Case Estates shall have no liability for your interactions with other users, or for any user’s action or inaction.
B. Limited License to Use. Just In Case Estates grants you a limited, non-exclusive, non-transferable license to use our automated document drafting forms (“Forms”) for your own personal, non-commercial use, or if you are an attorney or professional, for your client. This permission terminates automatically without notice if you breach any of the terms or conditions of this Agreement. On such termination, you agree to immediately destroy any downloaded or printed Forms and to cease using the Products. Any unauthorized use of any Forms contained on the Products or available through the Products may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes. Except as otherwise provided, 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.
C. Geography. Just In Case Estates Products are directed to users in the United States. The Products are controlled and operated from the United States. Just In Case Estates makes no representation that the Products are appropriate or available for use in other locations. Those who access or use the Products from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. You may not use the Products if you are a resident outside the United States, of a country embargoed by the Untied States, or are a foreign person or entity blocked or denied by the Untied States government. Unless otherwise explicitly stated, all materials found on the Products are solely directed to individuals, companies, or other entities located in the United States.
D. Consent to Messages. When you use the Just In Case Estates Products, you may be given the opportunity to consent to receive communications from us through email, text, and/or mobile push notifications. Standard text and calling rates will apply. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. You can opt out of promotional communications by following the “Unsubscribe” direction for emails, through the settings of a Just In Case Estates Product, or, if via text message, by responding ‘STOP’. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE JUST IN CASE ESTATES PRODUCTS.
E. User Generated Content. The Just In Case Estates Products may allow you to communicate, submit, upload, or otherwise make available text, chats, images, audio, video, contest entries, comments or ideas about the Just In Case Estates Products (including without limitation how to improve the Products) or other content (“User Generated Content”), which may be accessible and viewable to the public. You may not submit or upload any User Generated Content that is in violation of the Prohibited Uses below, whether or not such material is protected by law. Just In Case Estates reserves the right, but is not obligated, to edit, remove, re-categorize, pre-screen, reject, and/or otherwise modify any User Generated Content (collectively, “Manage User Generated Content”) that Just In Case Estates believes, in its sole discretion, violates the Usage Rules. For the avoidance of doubt, the foregoing right includes content that appears or would appear on any Just In Case Estates Product through links or connections with third-party platforms or applications on which the content was originally posted, regardless of whether such content is found by the third-party to be in violation of its rules or policies.
In most instances, we do not claim ownership of your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Products and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever (except as may be specifically stated in the provisions of the Products in connection with the submission, or arising from it).
You represent and warrant that your User Generated Content conforms to this Agreement and that you own or have the necessary rights and permissions without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by this Agreement. You agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User Generated Content resulting from your breach of this Agreement.
F. Prohibited Uses. While using the website or any other Just In Case Estates Product, you may not:
- Restrict or inhibit any other user from using and enjoying the Products; or
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Just In Case Estates) or engage in spamming or flooding; or
- Use any automated system to access the Products in a manner that sends more request messages to the Just In Case Estates servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Just In Case Estates grants the operators of public search engines revocable permission to use spiders to copy materials from publicly accessible web pages at justincaseestates.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); or
- Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
- Copy, distribute, or disclose any part of the Products in any medium, including without limitation by any automated or non-automated “scraping”; or
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Products for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Products which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
- Upload, post, publish, reproduce, transmit or distribute in any way any component of the Products themselves or derivative works with respect thereto, as the Products are copyrighted as a collective work under U.S. copyright laws.
G. Intellectual Property Rights. Except as provided in this Agreement, Just In Case Estates retains all rights in the Products. Except for your User Generated Content, the Products and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Generated Content (the "Just In Case Estates Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Just In Case Estates and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Products. Use of the Just In Case Estates Content or materials on the Products for any purpose not expressly permitted by this Agreement is strictly prohibited.
DMCA Takedown Notices
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Attn: Just In Case Estates Designated Agent
Just In Case Estates, LLC
103 Weed Ave
Stamford, CT 06902, USA
We are only able to accept notices in English.
We will respond expeditiously to claims of copyright infringement committed using the Just In Case Estates Products that are reported to our designated copyright agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. These notices must include the required information set forth in the DMCA and described below:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on any Just In Case Estates Product, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Just In Case Estates, LLC may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Some Just In Case Estates Products require paid subscriptions and the acceptance of supplemental terms to access. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. You agree that we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription. From time to time, we may offer a free trial subscription for a Just In Case Estates Product. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
Unless otherwise disclosed when you subscribe, you have the right to cancel your Just In Case Estates Product subscription. When a subscription is canceled, you will not receive a prorated refund, but you will continue to have access to the Just In Case Estates Products until the end of the term during which you canceled the subscription. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the Just In Case Estates Product prior to the date of cancellation. If you pay a periodic subscription fee for a Just In Case Estates Product, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. If you subscribed online, we will give you the option of cancelling the subscription online.
Contests, Sweepstakes, and Promotions
Contests, sweepstakes and other similar promotions that you enter on a Just In Case Estates Product or in connection with Just In Case Estates Products integrated with a third-party website, service, application, platform, and/or content (“Just In Case Estates Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Just In Case Estates Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Just In Case Estates Promotion, please first review the applicable Promotion official rules and/or conditions. If a Just In Case Estates Promotion’s official rules and/or conditions conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Just In Case Estates Promotion. Your entry into a Just In Case Estates Promotion constitutes User Generated Content and is subject to all provisions of this Agreement that govern your submission and our use of your User Generated Content.
Binding Arbitration and Class Action Waiver
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON ANINDIVIDUAL BASIS. Neither you nor Just In Case Estates will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and Just In Case Estates agree to arbitrate, as provided below, all disputes between you that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Just In Case Estates Products or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Just In Case Estates empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.
In the event of a dispute, you or Just In Case Estates must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Just In Case Estates, LLC, 103 Weed Ave, Stamford, CT, 06902 Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and Just In Case Estates will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Just In Case Estates do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in the borough of Manhattan, New York, New York; provided, however, that if circumstances prevent you from traveling to Manhattan, New York, New York, JAMS may hold an in-person hearing in your hometown area. You and Just In Case Estates agree to submit to the exclusive jurisdiction of the federal or state courts located in the borough of Manhattan, New York, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Just In Case Estates) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.
Except as provided above with respect to jurisdiction in the borough of Manhattan, New York, New York, nothing in this arbitration provision shall be construed as consent by Just In Case Estates to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Just In Case Estates Products or this Agreement.
A. Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
B. Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
C. Assignment. This Agreement is assignable only by Just In Case Estates. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Just In Case Estates without restriction.
D. Waiver. No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
F. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use User Generated Content, and rules regarding dispute resolutions.