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Terms And Agreement

Thank you for choosing to create a AfterWord account or to become a Trusted Friend for an account holder. After completing the registration process you will receive a confirmation email with instructions to get started immediately.

AfterWord User Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using the AfterWord website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer or Site visitor, "we", us" and "our" refer to AfterWord, LLC. and "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Care Center.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Please also refer to our Privacy Policy and Full Disclaimer, each of which is incorporated herein by reference.

AfterWord.com provides an online communications platform allowing you to provide information to others, including Trusted Friends, on items that you wish to have taken care of following your passing, including information which may or may not be confidential, or may conflict with other information, that may or may not have been incorporated into a legal document, such as a Last Will and Testament. AfterWord is not a substitute for the advice of an attorney.

Nothing that you provide on the Site (i.e., “User Content”) or anything contained on the Site is considered legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific situation, you should consult a licensed attorney in your area. Please further note that there is NO obligation in any way, legal or otherwise, for a Trusted Friend, to follow the directions that you provide via the Site. At all times you should select your Trusted Friends carefully.

AfterWord also provides a check to ensure that no one can declare you as being deceased without you having an opportunity to refute such claim. You can set a delay period after a Declaration of Passing is made for you, only after which your Trusted Friends can obtain access to the Site and the information that you have provided therein and the requests that you may or may not be making of your Trusted Friends. You can also require that a second Trusted Friend declare that you are deceased, prior to any Trusted Friend(s) being given access to the User Content.

This Site is not intended to create any attorney-client relationship, and your use of AfterWord.com does not and will not create an attorney-client relationship between you and AfterWord.com.

1. Privacy Policy. Please click here to view our Privacy Policy.

2. Ownership. This Site is owned and operated by Mortal Portal, LLC. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned by Mortal Portal, LLC. Any rights not expressly granted herein are reserved by Mortal Portal, LLC.

3. DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights.

Most concerns can be resolved quickly and to your satisfaction by emailing us at info@AfterWord.cc. In the unlikely event that we are unable to resolve your complaint to your satisfaction we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts.

Rights and Responsibilities of AfterWord:

AfterWord is not the publisher or author of the User Content. AfterWord takes no responsibility and assumes no liability for any content posted by you or any third party.

Although we cannot make an absolute guarantee of system security, AfterWord takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

If AfterWord' technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, AfterWord reserves the right to delete those files or to stop those processes. If the AfterWord technical staff suspects a user name is being used by someone who is not authorized by the proper user, AfterWord may temporarily disable that user's access in order to preserve system security. In all such cases, AfterWord will contact the member as soon as feasible.

AfterWord reserves the right to refuse service to anyone and to cancel user access at any time.

Rights and Responsibilities of AfterWord Users or Other Posters of User Content:

You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit on the Site that allows interaction or dissemination of information. In posting User Content, you agree that you shall not submit any content: that is known by you to be false, inaccurate or misleading; that infringes anyone's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); that 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; that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party; that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information; that contains any computer virus, worms, or other potentially damaging computer programs or files; that otherwise violates these Terms of Use.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it.

You are not required to provide your real name when signing up as a user of AfterWord. AfterWord permits anonymous or pseudonymous accounts.

4. LIMITATION OF LIABILITY. IN NO EVENT SHALL MORTAL PORTAL, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

5. Indemnification. You agree to defend, indemnify and hold harmless AfterWord, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

6. Unsolicited Submissions. AfterWord does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to AfterWord through or in association with this Site shall be considered non-confidential and AfterWord's property. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

7. Compliance with Intellectual Property Laws. When accessing AfterWord, you agree to obey the law and you agree to respect the intellectual property rights of others.

8. Personal Use. The site is made available for your personal use on your own behalf.

9. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.

10. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of New York. Any legal action or proceeding relating to your access to or use of the Site or Materials is governed by the Arbitration Agreement contained in paragraph 4 of these Terms of Use.

11. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2011, Mortal Portal, LLC. ALL RIGHTS RESERVED.

12. Trademarks. AfterWord, AfterWord.cc, AfterWord’ logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of AfterWord. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

13. Acknowledgement. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

AfterWord Disclaimer

AfterWord is not a provider of legal services nor a law firm. The information that you provide on the AfterWord site and the directions that you may provide to others, including your Trusted Friends, is not legally binding in any manner. Nothing provided on AfterWord is deemed to serve as a Last Will and Testament and in the event of any conflicts between information provided to others, including Trusted Friends, and information provided in a legally binding document, the information contained in such legally binding document will prevail in a court of law. AfterWord is serving as a means to communicate information in a non-legal manner to Trusted Friends following your passing. AfterWord is not a substitute for the advice of an attorney.

AfterWord cannot provide legal advice and is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

This site is not intended to create an attorney-client relationship. If you need legal advice in regard to a Last Will and Testament or any other issues relating to family planning or other specific problem or issue you should consult a licensed attorney in your area.

This site may from time to time provide direct access to links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that AfterWord sponsors, is affiliated or associated with, guarantees, 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.

AfterWord is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, please use this site responsibly.

Updated September 27, 2011