protectheir

Terms and Conditions

You agree that by creating an account with ProtectHeir or accessing or using our Services (as defined below), website(s) (such as this website, https://protectheir.com, or any affiliated website (including, but not limited to, ProtectHeir.net, Protectheir.net), or mobile applications, as well as any content provided or accessible in connection with the website(s) or mobile application(s), including information, user interfaces, source code, reports, images, products, services, and data (each website and mobile application referred to herein as a "Website," and collectively, as "Websites"), you represent to ProtectHeir that you have read, understood, and expressly consent and agree to be bound by this Terms of Use Agreement, and the terms, conditions, and notices contained or referenced herein ("Agreement") whether you are a "Visitor" (which means that you simply browse or access a Website), or a "Customer" (which means that you have created an account with ProtectHeir, or enrolled or registered with a Website, or are accessing or using a Service).

At Customer's election, ProtectHeir will provide services subject to a fee, (each a "Service"), and Customer's receipt and use of such Services shall, at all times, be subject to this Agreement. The term "Service" includes, but is not limited to, executor services including decedent notifications, website URL’s specific to reporting decedent information, information regarding how to prevent decedent identity theft, and notifications to other organizations for the purposes of estate settlement as requested by you, regardless of the manner in which you receive the Services, whether by email or mail, through a website or mobile application, by telephone, or through any other mechanism by which a Service is delivered or provided to you.

The term "you" or "User" refers to a Visitor or a Customer. For purposes of this Agreement, the terms "we," "us" refer to ProtectHeir, LLC referred to as "ProtectHeir" on the Websites, its predecessors in interest, successors and assigns, and any of its third party service providers (including, without limitation, cloud service providers) who ProtectHeir uses in connection with the provision of the Services to you

If you are a Visitor and do not wish to be bound by this Agreement, you should immediately cease accessing and using the Websites. Notwithstanding the immediate preceding sentence, if you are a Visitor and continue to access and use a Website, by virtue of your continued access and/or use of the Website, you are indicating your acceptance of this Agreement and agreement to be bound by the terms and conditions contained herein. If you wish to become a Customer and make use of the Services, you will be prompted during the registration process to agree, and must agree, to be bound by this Agreement.

A. APPLICABILITY.

For the avoidance of doubt, this Agreement expressly applies to: (a) your access to and use of the Websites; (b) any and all transactions between you and ProtectHeir through the Websites. You may not browse the Websites, or create an account or register with ProtectHeir, or use or enroll in any Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with ProtectHeir. If you accept this Agreement, you represent that you have the capacity to be bound by it. Before you continue, you should print or save a local copy of this Agreement for your records.

THE SERVICES AND WEBSITES ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF, ORDER OF, USE OF, AND/OR ACCESS TO, THE SERVICES AND WEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE, ACCESS OR ORDER ANY SERVICE OR ACCESS OR USE THE WEBSITES. IF YOU HAVE ALREADY BEGUN ACCESSING OR USING THE SERVICES AND/OR WEBSITES AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, IMMEDIATELY CEASE USING THE SERVICE OR WEBSITE AND/OR DISCARD ANY INFORMATION OR PRODUCTS YOU RECEIVED VIA ANY SERVICE OR WEBSITE (TO THE EXTENT APPLICABLE), AND EMAIL CUSTOMER CARE AT SUPPORT@PROTECTHEIR.COM

B. AMENDMENTS.

This Agreement may be updated from time to time. You should check this Website regularly for updates to this Agreement. Each time you order, access or use any of the Services or Websites, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to this Website (or any of the Websites, to the extent applicable to you), delivered to you, or reasonably made available to you in writing by ProtectHeir. However, no unilateral amendment will retroactively modify the parties' agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing. In all other respects, any modification or update to the arbitration provision shall be governed by subsection (g) of the Agreement's "Dispute Resolution By Binding Arbitration" Section below.

C. MODIFICATION OF SERVICES OR WEBSITES.

ProtectHeir may, at its discretion, modify or discontinue any of the Services or Websites, or any portion thereof, with or without notice. You agree that ProtectHeir will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Service or Websites.

D. GENERAL DESCRIPTION OF SERVICES.

The Services and Websites are meant to provide you with an executor service to create notification letters and provide notification links to pertinent organizations and government entities needing to know of someone’s death in order to reduce the risk of fraud being perpetuated in the name of that person. These notification letters and links are then provided to you so that you can complete the notification by mailing with the appropriate documents paired with said notifications. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for paid Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to submit a transaction using the card information provided. You acknowledge and agree that ProtectHeir (including its Services and/or Websites) has not and does not provide you legal, tax, financial, or other advice (including, without limitation, advice on how to settle an estate, and that its Services and/or Websites are not designed or intended to provide any such advice. Furthermore, you acknowledge and agree that ProtectHeir has not and does not provide advice on how to eliminate deceased identity theft but rather services to reduce the chance of deceased identity theft and does not notify any organizations on your behalf.

E. ACCOUNT WITH ProtectHeir; USE OF THE SERVICES.

In consideration of your account with ProtectHeir, and/or your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete and current information about yourself and the deceased individual when prompted to do so by the registration and application forms for ProtectHeir. If any information you provide is untrue, inaccurate or not current, or if ProtectHeir has reasonable grounds to suspect that such information is untrue, inaccurate or not current, ProtectHeir, at its sole discretion, has the right to suspend or terminate your account, or order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, any Service or Website, or suspend or terminate any portion thereof. You acknowledge and agree that ProtectHeir may, in its sole discretion, retain any information you provide to it or generated by ProtectHeir (or its affiliates/suppliers) while you have an account with ProtectHeir, including any information about you or the deceased, when enrolling in any Service) and any credit card or payment or other information obtained in connection with your account and/or the provision of any Service. If ProtectHeir does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time. You agree by utilizing service or using websites, you will not use any information gathered on those websites to build a competing product or service.

F. DISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

SUMMARY: MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY EMAILING PROTECTHEIR’S CUSTOMER CARE DEPARTMENT AT SUPPORT@PROTECTHEIR.COM. IN THE UNLIKELY EVENT THAT PROTECTHEIR’S CUSTOMER CARE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION (OR IF PROTECTHEIR HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. PROTECTHEIR WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND PROTECTHEIR WILL BE ENTITLED TO RECOVER ATTORNEYS' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

(1)

Arbitration Agreement:

(a)

ProtectHeir and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Services or Websites, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate otherwise includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute (including, without limitation, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.

For purposes of this arbitration provision, references to "ProtectHeir," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and ProtectHeir are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.

(b)

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice''). The Notice to ProtectHeir should be addressed to: General Counsel, ProtectHeir, 463 Johnny Mercer Blvd, Suite B7, 290: Savannah, GA 31410 ("Notice Address''). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from ProtectHeir ("Demand''). If ProtectHeir and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ProtectHeir may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ProtectHeir or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ProtectHeir is entitled. You may obtain more information about arbitration from www.adr.org.

(c)

After ProtectHeir receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee currently is $200 for claims under $10,000, but is subject to change by the arbitration provider. If you are unable to pay this fee, ProtectHeir will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA.

If the AAA is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties' dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable.

The arbitrator shall be bound by the terms of this Agreement. Unless ProtectHeir and you agree otherwise, any arbitration hearings will take place in the county of Fulton County, GA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, ProtectHeir will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse ProtectHeir for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

(d)

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.

(e)

Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

(f)

YOU AND ProtectHeir AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ProtectHeir agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subparagraph (f) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void.

(g)

Notwithstanding any provision in this Agreement to the contrary, we agree that if ProtectHeir makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in any Service, or subsequent to your purchase of any Service, you may reject any such change and require ProtectHeir to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service.

G. TERRITORIAL RESTRICTIONS.

Unless otherwise specified, the Services made available through the Websites are intended for use by U.S. consumers only. We make no representations or warranties that the information, products or services provided through the Services or the Websites are appropriate for access or use in other jurisdictions. Recognizing the global nature of the Internet, however, you agree to comply with all local laws including, without limitation, laws about the Internet, data, email, export, or privacy. Notwithstanding the above, we reserve the right to limit the availability of the Services or the provision of any Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

H. COMPLIANCE WITH LAW AND NOTICE OF PROSECUTION.

Your access and use of the Services and Websites must comply with all applicable laws, rules and regulations. Unauthorized access and use of the Services and/or Websites is expressly prohibited. For online customers, access to and use of password protected and/or secure areas of the Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Websites may be subject to prosecution. Further, failure to comply with all applicable laws, can result in state or federal enforcement actions, as well as private lawsuits.

I. AUTHENTICATION.

ProtectHeir will use commercially reasonable efforts to provide Services to you in a timely manner, including instant online delivery of your decedent notifications and links when available. For certain online Services, however, when the system is unable to authenticate you, you may be routed through an alternate authentication process.

J. PERSONAL INFORMATION.

ProtectHeir may use your personal information to the extent necessary to authenticate your identity, process your order or request for, and provide, the Services to you, as well as for quality assurance, account and business maintenance, and such other business uses in accordance with applicable law.

K. ONLINE AND/OR MOBILE APPLICATION REQUIREMENTS.

You must have an email address and provide the same to ProtectHeir, and have a Java-compatible browser to receive and/or access your Services online via a mobile application, if applicable. As an online (or mobile application) customer, you are agreeing to receive all notifications via email at the email address on file with ProtectHeir. You are obligated to update the email address on file when your email address changes. In the event that ProtectHeir is unable to deliver email messages to you, you agree to accept Service notifications in an alternative method, such as direct mail. In the event that you fail to or otherwise do not update your email address on file with ProtectHeir, and thus ProtectHeir is unable to deliver email to you, you nonetheless understand and agree that any paid Service will be fulfilled at the price agreed upon at the time that you placed your order or enrolled in the Service.

L. NO WARRANTY BY ProtectHeir.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND WEBSITES IS AT YOUR SOLE RISK. ALL SERVICES AND WEBSITES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ProtectHeir (AND ITS AFFILIATES AND SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES OR GUARANTEES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICES AND WEBSITES OR OTHER MATERIALS YOU MAY RECEIVE FROM ProtectHeir DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. PROTECTHEIR (AND ITS AFFILIATES AND SUPPLIERS) MAKE NO WARRANTY THAT (I) THE SERVICES ARE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE RELIABLE.

M. PROMOTIONAL (OR ACTIVATION) CODES.

Please note that if you improperly obtain a Service with a promotional (or activation) code (including via a promotional (or activation) code you obtained that was not intended for your use in the first instance), any credit card number you may have provided to us will also be charged with the fee for the Service that was obtained improperly.

N. LIMITATION OF LIABILITY.

YOU UNDERSTAND AND AGREE THAT PROTECTHEIR WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCOUNT(S) WITH ProtectHeir, OR ACCESS TO, USE, OR INABILITY TO USE THE SERVICES OR WEBSITES, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY WEBSITE OR LINKED WEBSITE, WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF ProtectHeir HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGIONG, YOU AGREE IN ANY EVENT THAT ProtectHeir'S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES (OR THOSE OF YOUR MINOR CHILDREN) FROM ProtectHeir'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ProtectHeir FOR THE SERVICE YOU PURCHASE FROM ProtectHeir

O. CREATING AN ACCOUNT WITH ProtectHeir; REGISTERING FOR ANY SERVICE.

To create an account or enroll or purchase any Service, you must have an address within the United States, provide a valid email address, and agree to be bound by these terms and conditions. In other limited circumstances, you may need to provide a valid telephone number so that ProtectHeir can process your order. You must provide valid credit card information to enroll in or purchase a paid Service, as explained in greater detail above. ProtectHeir will then evaluate your complete registration information. In certain jurisdictions sales tax at state and local rates may apply, in which case you may be charged the applicable taxes in addition to the monthly fee and/or the price of the product. For certain Services and/or channels where Services are sold, we reserve the right to accept or decline some forms of payment, including, but not limited to "pre-paid" or "re-loadable" credit/debit cards. As a user of the system, you have a right to a full refund, provided the service has not yet been fulfilled, and provided the request is received within 30 days of purchase at support@protectheir.com

P. SUBSCRIPTION USER OF SERVICES ADDITIONAL TERMS.

If the Services are being provided through a subscription, User agrees to be bound by these additional terms and conditions. User acknowledges and agrees that the Services are only available as long as the subscription is active. User further acknowledges and agrees that all credit card subscription fees will be billed monthly by ProtectHeir to User until the subscription period is completed.