Terms of Use

LifeWritr Terms of Service

Thank you for choosing LifeWritr to help you in preparing and organizing for the future! We value and appreciate your patronage. However, that patronage-and the patronage of any and all LifeWritr products, services, mobile websites, and mobile applications (“Service” or “Services”) owned or operated by LifeWritr (“LifeWritr”, “we”. “us”, “our”)- is subject to the rules of our Terms of Service (“Terms” or “Agreement”) and our DMCA Copyright Policy.

The following Terms represent a binding contract. Make sure to carefully review them before using the Services provided by LifeWritr. Your access to our Services is governed by these Terms. This is a binding agreement. By using the Internet site located at (specify website address) (the “Site”) or any Services, you agree to abide by these Terms of Use, as they may be amended by LifeWritr from time to time in its sole discretion. If you are a lawyer, financial advisor, or any other party accessing the Services on behalf of a client, customer, or other entity, you agree you have the authority to agree to these Terms on the behalf of that client, customer, or other entity.

While we may notify you of changes to these Terms of Use, it is your responsibility to read any notices we send, and to review these Terms of Use periodically, as written here, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

1. Eligibility

Summary of the Following: You must be at least 18 years-old to use these Services. You may not use any Services where these Terms are in violation of any local law. You must be within the United States to use the Services. We can change eligibility rules at any time, for any reason.

Age Requirement. You agree that by using the Service you represent that you are at least 18 years old and that you are legally able to enter into this agreement. If you are under 18 or otherwise legally unable to enter into this agreement, you may not use the Services of LifeWritr.
Locality Requirement. You agree that by using the Service you represent that you are accessing the Services from within the United States of America.. If you are outside the United States of America, you may not use the Services of LifeWritr. This restriction is due to the cost of international legal compliance.
Eligibility Subject to Change. We may change these eligibility criteria at any time. We may also refuse to offer the Services to anyone for any or no reason.
Compliance with Local Laws. It is your responsibility to ensure that your use of our service under these Terms complies with all applicable laws, rules and regulations (collectively “Laws”). If at any time your use of all or any part of the Services conflicts with any Laws, your right to use the Services is revoked.

2. Registering an Account and Account Responsibilities

Summary of the Following: You are responsible for any account you sign up for through our Services. You are responsible for keeping contact data associated with that account up to date. You are required to immediately alert us to any actual or suspected misuse of your accounts.

Accounts. LifeWritr provides resources and includes assets which are freely available to the public as well as those which require you to sign up for Services by registering for an account (“Account”). When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are responsible for keeping the email address associated with your Account accurate and up to date.
Improper Use. You agree not to (1) intentionally impersonate another person by using their name and/or email address or (2) use a name and/or email address for which you do not have the proper authorization. If you make an account on behalf of another person, you must first have proper authorization from that person.
Securing Passwords. You are entirely responsible for maintaining the confidentiality of your password. Never publish, distribute or post your Account login information. You are responsible for any activity that occurs on your Account.
Sharing Permissions. You are responsible for setting permissions and access levels allowing for sharing or disclosing information from your account to another person or organization. Sharing on LifeReadr is primarily done through creating and managing LifeReadrs from your Dashboard.
Decisions Regarding Account Use. You are responsible for any decision to use the Services, either by yourself or with another user, so long as you share ownership of or have authorization to use the data contained in your Account.
Other People’s Accounts. You may not use another person’s Account or registration information for the Services without permission from the owner of that Account.
Notifying LifeWritr of Security Breach. You agree to notify us immediately on any unauthorized use of your account, user name, or password, other security breach, or change in your eligibility to use the Services. LifeWritr shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by LifeWritr, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
Deleting Your Account. You may delete your account at any time on the My Account Settings page. You may also change your subscription status on the same page.

3. Changes to Your Information

Summary of the Following: You are responsible for quickly updating any and all information you provide to LifeWritrs, along with the accuracy of that information.

Agreement to Update Contact Information. You agree to keep your profile information up to date, including but not limited to, your name and email address and billing information. We are not responsible for any Services issues arising from your failure to keep your account information current, such as payment processing errors or fees. Your information can be updated on the My Account Settings page.

4. Your Information

Summary of the Following: Your information shall be stored in accordance with our privacy policy. In case of a data breach, you will be notified in accordance with our privacy policy.

See Our Privacy Policy. LifeWritr respects your privacy and permits you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference and can be found at this link.

5. The Proprietary Rights of LifeWritr

Summary of the Following: LifeWritr, or our suppliers or licensors, own the various content which appears in our Services. You shall not violate the ownership and intellectual property rights in this content.

1. 1. Proprietary Content. All information and data, including but not limited to visual and/or audio content, written posts and comments, software, or scripts generated, provided or otherwise made accessible on or through the Services (collectively, “Content”) are either the property of LifeWritr or our suppliers or licensors. The Content is protected by copyrights, patents, trademarks, service marks, trade secrets, and/or other rights and laws. You agree to maintain all copyright notices, information and restrictions contained in any Content that you access through the Services.
  2. Licensed Exclusively for Use of Services. While you follow these Terms, we grant you a worldwide, non-exclusive, non-transferable and non-sublicensable license to use (i.e., to download and display on your local device) Content for the sole purposes of using LifeWritr Services.
  3. Prior Written Permission Required. You agree not to use, reproduce, modify, distribute or store any Content for purposes other than using LifeWritr Services without our prior written permission.
  4. No Commercial Use. You agree not to sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
  5. Removing and Modifying Content. We retain the right to, (1) remove, edit or modify any Content in our sole discretion at any time, without notice to you and for any reason (for instance, if we think you may have violated these Terms) or for no reason at all or (2) to remove or block any Content from the Services.
  6. No Unauthorized Use. LifeWritr neither grants, nor implies, nor gives consent in any way to make unauthorized use of any intellectual property or other property of LifeWritr, our suppliers, or our licensors.

6. Permissible Use

Summary of the Following: You may not use LifeWritr for illegal purposes or purposes in violation of these Terms of Service. You will not attempt to breach or violate any security measure of LifeWritr.

1. 1. Lawful and Compliant Use. As a condition of using the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all applicable Laws. LifeWritr intends to 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.
  2. Privacy of Other Users. You also agree to respect the privacy and Secure Information of other users of the Services.
  3. Compliance With Intellectual Property Laws. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any 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, trademark, patent, and trade secret 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 Account. Our DMCA Policy covers the process regard alleged violations of intellectual property laws, and can be read here. [ADD LINK]
  4. Illicit Use of LifeWritrs. You agree not to, and shall not allow anyone else to distribute any Content through any LifeWritr Service by uploading, downloading, displaying, posting, performing, transmitting, and/or submitting said Content, or otherwise take any action to distribute said Content through any LifeWritr Service which:
    1. includes anyone else’s identification documents, sensitive financial information, or other Secure Information;
    2. you know to be false, misleading, or inaccurate;
    3. intimidates, impersonates, or harasses any person or entity, including any of our representatives, employees, and users;
    4. constitutes unauthorized or unsolicited advertising, or otherwise solicits funds or is a solicitation for goods or services, or is junk or bulk e-mail, regardless of whether similar communications are prohibited by local law or not; or
    5. is unlawful, threatening, defamatory, abusive, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, obscene, vulgar, pornographic, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by LifeWritr in their sole discretion, or;
    6. 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.
  5. Violating LifeWritr’s Security. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,
    1. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
    2. attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
    3. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
    4. using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
    5. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
    6. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability; or
    7. acting in contravention to any local laws regarding the violation of security of computer systems.

7. You Consent to Receive Electronic Communications

Summary of the Following: We will send you a number of types of communications. By using LifeWritr Services you acknowledge and consent to this. Anything we send you will be deemed received after 5 business days.

1. 1. Notifications. LifeWritr may send you notifications, notices, or links, via your email, messages to your account, or via your mobile device. By using the Services, you agree to receive these notifications. The types of notifications you may receive include changes to these Terms, invoices or records of payment, and any number of other communications related to our Services. Any notification is considered “in writing,” regardless of whether it is in a paper format, a digital format, or some other format.
  2. Notification Procedures. Anything sent to you is considered received 5 business days after it is sent to you via any of the methods described in subsection A of this section. An electronic notification is sent at the time it is directed by LifeWritr to your email address or other means of receiving electronic notifications. You agree these are reasonable procedures for sending and receiving electronic notifications.
  3. Paper Notifications. We reserve the right, but are under no obligation, to send notifications in a paper format.
  4. Withdrawing Consent to Notifications. If you have opened an Account but you wish to withdraw your consent to have notifications sent electronically, you must close your account.

8. Links to Third Party Sites

Summary of the Following: We have no control over outside websites or third party services. We aren’t liable for problems with such a website or service. Remember, another website will have its own terms regarding how you can use it.

1. 1. Links to Outside Sites. You will likely find links to third party websites, services or resources as you use LifeWritr Services. LifeWritr has no control over, and no liability for any third-party websites or materials. LifeWritr works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither LifeWritr nor the Site has control over the content and performance of these partner and affiliate sites, LifeWritr makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and LifeWritr assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that LifeWritr makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, such as with another site’s own Terms and Conditions, these Terms of Use shall govern your use of any and all third-party content.
  2. No Endorsement. The inclusion of a link to any other site on any LifeWritr Service does not mean or imply that we endorse or are associated with that site or its operator.

9. Payments and Billing- Premium Services

Summary of the Following: Monthly payments are used to pay for any premium services you purchase from LifeWritr. You have to pay for any premium services you use. You promise to make these payments. If you don’t pay on time, we can and will suspend or terminate your access to these premium services. We will generally bill the credit card you provide automatically unless you tell us not to in advance and cancel your access to premium services or use a different credit card. We don’t offer refunds. If you use a free-trial, you must cancel that trial before it ends or you will be charged for the premium services of that trial.

1. 1. Premium Services. LifeWritr offers Services which require payments now and/or in the future (“Premium Services”). These services include, but are not limited to, life planning services.
  2. Paying. Payments we will be handled on a monthly subscription basis and charged on the first day of every calendar month. Cancellations, as discussed below, will take effect on the start of the next month. Access to services will continue for the remainder of the current payment period after you cancel.
  3. Billing. LifeWritr will charge any costs or fees associated with your use of any Premium Services plus applicable tax to the credit card or other payment method you have provided. Through the act of signing up for any Premium Services, you acknowledge the fees associated with your use of the Premium Services will be automatically billed again on each renewal date unless and until you cancel the Premium Services. BY USING ANY LifeWritr SERVICE YOU HEREBY AGREE TO CONSISTENT RECURRING SUBSCRIPTION FEES ASSOCIATED WITH ANY PREMIUM SERVICE YOU PURCHASE. YOU WILL BE CHARGED AUTOMATICALLY BY US WITHOUT FURTHER AUTHORIZATION FROM YOU. THIS WILL CONTINUE UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR CREDIT CARD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO THE MY ACCOUNT SETTINGS PAGE.
  4. Current Payment Information Required. You agree to provide and update LifeWritr with your most current and complete credit card information. When your credit card expires, we have the option of attempting to contact you to update your payment information. If we choose to do so, we will do this via the primary email address associated with your Account. You agree to promptly notify us and your credit card company if your credit card is canceled (e.g., for damage, loss, or theft). You further agree to notify us if you become aware of a potential breach of security regarding your credit card. You agree that LifeWritr may continue charging your credit card for the Premium Services unless you have terminated your access to the Premium Services or you tell us to use a different credit card before the end of the applicable billing period. If any fee is not paid in a timely manner, we reserve the right to suspend or terminate your access to the Premium Services.
  5. Applicable Fees. All fees and charges are prepaid and nonrefundable. LifeWritr reserves the right to change the fees and charges in effect, or add new fees and charges. However, we will notify you of any such changes in advance through the primary email address associated with your Account. It is your responsibility to keep your contact information and payment information current and updated.
  6. Free Trials and Other Promotions. LifeWritr may offer free trials or promotions offering access to Premium Services without charge for a specified period of time. It is your responsibility to cancel any such Premium Service before the end of the free trial or promotion which provides access to it. Where you do not do so, you may be charged for the Premium Service provided after the specified period of time ends. If you have trouble cancelling a free trial or promotion, you may contact us here.

10. Cancellation

Summary of the Following: You can cancel your account at any time and such a cancellation will be effective immediately. However, some of the agreements within these Terms will survive cancellation.

1. 1. How to Cancel Your Account. You may cancel your Account and/or your use of and access to the Premium Services at any time on the My Account Settings page.
  2. Billing After Cancellation. Unless you cancel, or we terminate your access to your account or Premium Services, you will continue to be billed for your use of and access to any Premium Services. Cancellation of your use of and access to the Premium Services must occur before your next bill is due in order to avoid having the next recurring fees billed to your credit card.
  3. Terms Surviving Cancellation. There are many provisions within these Terms which by their nature should extend past your cancellation or our termination of Services. All such terms shall survive cancellation or termination. These terms include but are not limited to: (1) any licenses to Basic Information, Funeral Information, Public Information, or Aggregate Information, (2) ownership provisions, (3) warranty disclaimers, (4) indemnity and (5) limitation of liability.

11. Warranty Disclaimer

Summary of the Following: We strive to provide the best possible security safeguards for your information. However, it is impossible for anything on the internet to be completely secure. We are not liable for following any instruction regarding a release of information that appears valid on its face. LifeWritr Services are provided as is, with no warranty as to function, content, security, etc. See below for a full explanation of what “as is” entails.

No Special Relationship or Fiduciary Duty. LifeWritr has absolutely no special relationship or fiduciary duty to you. By using LifeWritr Services, you release us from any and all liability for any release of your information pursuant to our privacy policy. This includes, but is not limited to, releasing information, pursuant to our (1) receipt from you, or what appears to be you, of any instructions or permissions authorizing such release to any other person, including without limitation any party you have granted sharing permission to or (2) compliance with any Laws.
Security Measures. LifeWritr makes use of security measures which either meet or exceed industry standards. These include, but not are limited to, administrative, physical and technical safeguards (passwords, encryption, etc.) to protect the security, confidentiality of your Account as well as your personal and financial information. For more information on our security efforts, see our FAQ page here.
Services Provided As Is – NO WARRANTY. Even with these strong security measures, there can be no absolute guarantee of security. LIFEWRITR HEREBY DISCLAIMS ALL WARRANTIES. LIFEWRITR IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIFEWRITR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FOR INSTANCE, WE DO NOT WARRANT THAT: (1) THE SERVICES WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (3) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. LIFEWRITR DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
No Liability. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, LIFEWRITR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON OUR SITE OR A THIRD-PARTY SITE, OR BY YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED THROUGH A THIRD-PARTY SITE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS, ACCURACY OR USEFULNESS OF CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED THROUGH A THIRD-PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC CONTENT. NO CONTENT OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

12. LifeWritr is Not a Licensed Professional

Summary of the Following: We aren’t a law firm. We aren’t a doctor. We aren’t a financial planner. We can’t and don’t provide those services and shouldn’t be used as a substitute for those services. Nor is a relationship similar to those services created by using LifeWritr Services.

1. 1. Not a Licensed Professional. LIFEWRITR IS NOT A LICENSED LAW FIRM, HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL OR FINANCIAL ADVISORY FIRM. LIFEWRITR DOES NOT HAVE A PROFESSIONAL LICENSE, AND DOES NOT EMPLOY LICENSED PROFESSIONALS ON YOUR BEHALF. LIFEWRITRS’ EMPLOYEES AND REPRESENTATIVES ARE NOT ACTING AS YOUR ATTORNEYS, HEALTHCARE PROVIDERS, MEDICAL PROFESSIONALS, OR FINANCIAL ADVISORS.
  2. Not a Substitute For a Licensed Professional. THE SERVICES ARE NOT, AND SHOULD NEVER BE USED AS, A SUBSTITUTE FOR THE ADVICE OF A LICENSED ATTORNEY, HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, OR FINANCIAL ADVISOR. WE STRONGLY RECOMMEND THAT YOU RETAIN THE SERVICES OF SUCH PROFESSIONALS.
  3. We Do Not Offer the Services of a Licensed Professional. WE CANNOT AND DO NOT PROVIDE LEGAL, MEDICAL OR FINANCIAL ADVICE. WE DO NOT HAVE THE QUALIFICATIONS NECESSARY TO BE PERMITTED TO ENGAGE IN THE PRACTICE OF LAW, MEDICINE, OR FINANCIAL ADVISING. NOTHING WRITTEN, SPOKEN, OR OTHERWISE COMMUNICATED TO YOU BY LifeWritr, ITS EMPLOYEES, AND REPRESENTATIVES, SHOULD EVER BE CONSTRUED AS THE SERVICES OF A LICENSED PROFESSIONAL.
  4. Prohibited From Providing Services of a Licensed Professional. WE ARE PROHIBITED FROM PROVIDING ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION TO YOU ABOUT (1) LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES; (2) POSSIBLE DIAGNOSES, MEDICAL CONDITIONS, MEDICAL TREATMENT, LIFE EXPECTANCY, OR PROGNOSES; OR (3) ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE FINANCIAL INVESTMENTS OR STRATEGIES.
  5. No Relationship Created As That of a Licensed Professional. As noted above, we are not a licensed professional. Thus, no protected or fiduciary relationship, including without limitation that of physician-patient or attorney-client, is or will be created with LifeWritr by virtue of your use of the Services. Any communication between you and LifeWritr is protected by the terms of our privacy policy as can be found here. However, these communications will never be protected by physician-patient privilege, doctor-patient confidentiality, attorney-client privilege, or the work product doctrine. If a court or other law enforcement agency demands your information, we will comply as required by local law and our privacy policy.
  6. Content is For Informational Purposes Only. The information or materials that you obtain access to through LifeWritr Services or are provided by LifeWritr employees, contractors, partners, sponsors, advertisers, licensors or otherwise, are exclusively for informational purposes. All medically related information comes from independent health care professionals and organizations and does not necessarily represent the views, advice, or opinions of LifeWritr. LifeWritr does not review the information you provide us through our Services in order to provide legal advice, or apply the law to the facts of your particular situation. We do not review your medical information in order to make a medical judgement or render medical advice. We do not review your financial information in order to render tax or other financial advice. As mentioned above, we are not a substitute for the professional services of a doctor, lawyer, or financial advisor. By using LifeWritr Services, you hereby agree that any information provided to or accessed by you from time to time on or through our Services is not developed or provided as tax advice, investment advice, legal advice, medical advice, or any other professional advice and will not be used or treated by you as such.

13. Indemnification

Summary of the Following: You will pay us back for any loss we suffer associated with your Account and resulting from the use or misuse of LifeWritr Services, a violation of the Terms of this agreement, or the infringement of the rights of a third party.

1. 1. 1. Indemnification. You agree to indemnify LifeWritr for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless LifeWritr, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. LifeWritr will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
    2. Right to Assume Exclusive Defense. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

14. Limitation of Liability

Summary of the Following: In order to keep our business up and running and offering the quality services we provide, the legal liability of LifeWritr is limited.

1. 1. Limitations on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LifeWritr, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR TO THOSE YOU PROVIDE SHARING PERMISSION OR ACCESS TO YOUR ACCOUNT, HEIRS, SUCCESSORS OR YOUR ESTATE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY LifeWritr. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
  2. Specific Situations Where Liability Limited. Below is an illustrative list of situations where our liability is limited. PLEASE REVIEW THIS LIST. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, BUT NOT LIMTED TO:
    1. THE USE OR THE INABILITY TO USE THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS OF LIFEWRITR,
    2. UNAUTHORIZED ACCESS TO YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION,
    3. LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION,
    4. ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR SOFWARE, REGARDLESS OF THE SOURCE OF ORIGINATION
    5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING OUR SERVICES,
    6. LifeWritr’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY RELATED CHANGES OR NOTICES,
    7. YOUR FAILURE TO MAINTAIN CONFIDENTIALITY OF YOUR INFORMATION OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT,
    8. THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES OR
    9. ANY OTHER MATTER RELATING OT THE SERVICES, INCLUDING TANGIBLE AND INTANGIBLE LOSSES, EVEN IF LIFEWRITR OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. Liability Limited in Amount. IF ANY LIABILITY DOES EXIST UNDER LOCAL LAW, LIFEWRITR’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO (1) US$500.00 (FIVE HUNDRED UNITED STATES DOLLARS) OR (2) THE AGGREGATE AMOUNT PAID FOR LIFEWRITR SERVICES IN THE PAST THREE MONTHS–WHICHEVER IS LESS.

15. Applicable Law, Choice of Venue and Jurisdiction.

Summary of the Following: The Terms of this agreement are governed by California and US law. Any dispute relating to or arising from these Terms will be governed by the exclusive jurisdiction of the courts of Marin County, California.

1. 1. Applicable Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.
  2. Jurisdiction and Choice of Venue. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Marin County, California, in all disputes arising out of or related to the use of the Site or Service.

16. Remedies of Users.

Remedy Available. The sole and exclusive remedy for any failure or non-performance of any LifeWritr Service, and/or anything supplied in connection with a Service, shall be for LifeWritr to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Service.
Time Limit on Actions Against LifeWritr. BY USING THESE SERVICES, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO (1) USE OF THE SITES OR SERVICES OR (2) THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

17. Modifying the Terms and the Service.

Summary of the Following: LifeWritr reserves the right to change these Terms at any time. Where you keep using our Services after a change in Terms, you are considered to have accepted the changes to the Terms. LifeWritr may, in its sole discretion and without prior notice: (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. LifeWritr shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions.

1. 1. Modifying Terms. LifeWritr reserves the right to – at any time and for any reason or without reason – revise these Terms of Use. It is your responsibility to review the Terms of Service for changes with some regularity. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
  2. Modifying the Service. LifeWritr reserves the right to – at any time and for any reason or without reason – change, suspend or discontinue the Services. Before we do this we will notify you by both replacing these Terms on the Site and by sending you a notice through email you provide to us through your Account. It is your responsibility to check these Terms periodically for changes, and to keep your email address current. We want to make it clear that we obviously do not expect to be shutting the doors on LifeWritr any time soon, we just want to be sure that we have precautions in place.
  3. Limiting the Service. LifeWritr reserves the right to – at any time and for any reason or without reason – impose limits on some Services or restrict your access to the Services without notice or liability.
  4. Steps to Take Before Terminating Use of the Services. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. If at any point, you disagree with a change to the Terms or Services on the part of LifeWritr, please cease use of LifeWritr Services by deleting your Account on the My Account Settings page. You may not continue to use the Services without agreeing to these Terms. However, before you do so, we want to make sure you do not lose any crucial information.

18. Entire Agreement.

Terms are Agreement in Entirety. These Terms, and the Terms of policies and agreements incorporated by reference (through names of documents and web links) are the whole and complete agreement between you and LifeWritr. No other agreements shall govern use of LifeWritr Services. These Terms supersede any conflicting agreements or policies.

19. Section Headings and Summaries.

Headings and Summaries Not Binding. The headings to each section of these terms and the summaries of each section are not legally binding, nor do they have any effect on the proper interpretation of these Terms. They are exclusively to aid in ease of use. THEY SHOULD NOT BE READ IN LIEU OF READING THE FULL TERMS.

20. Force Majeure.

No Liability for Events Outside Our Control. Where LifeWritrs fails to perform our obligations under these Terms, we are not liable where such failure results from any cause beyond our reasonable control. Such situations include but are not limited to: acts of god, or mechanical, electronic or communications failure or degradation.

21. Waiver

Summary of the Following. Where we don’t exercise a right, it is not waived. One waiver does not imply a similar waiver in the future. In order for any waiver of a right to be valid, it must come as a signed writing from a LifeWritr representative.

1. 1. Failure to Exercise a Right Not a Waiver. Even if LifeWritr, or any of our employees, representatives, or other affiliates fail to exercise or any right or provision of these Terms, this failure does not waive of our right to later enforce any part of these Terms.
  2. Waiver Does Not Imply Future Waiver. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof.
  3. Requirements of a Waiver. In order for any waiver of compliance with these Terms to be effective, it must be made in writing and signed by an authorized representative of the waiving party.

22. Severability.

1. 1. No Single Term Makes Rest of Terms Unenforceable or Invalid. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, in that jurisdiction, to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and fully enforceable.

23. Assignment.

1. 1. Assignability of Terms Rights by You. These Terms are exclusive and personal to you. You may not assign, transfer or sublicense any of your rights or obligations under these Terms without the express, signed prior written consent of an authorized LifeWritrs representative.
  2. LifeWritr Rights Assignable. We may assign, transfer or delegate any of our rights and obligations under these Terms without consent.

24. No Relationship.

1. 1. No Relationship Created by Terms. No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

25. Cancellation and Termination.

1. 1. Cancellation. You may cancel your Account and export and/or delete the information stored thereupon at any time. Further information regarding cancellation may be found in section 10 of this agreement.
  2. Termination of Use. LifeWritr reserves the right to terminate your use of the Service and/or the Site. To ensure that LifeWritr provides a high-quality experience for you and for other users of the Site and the Service, you agree that LifeWritr or its representatives may, in accordance with our Privacy Policy, access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. LifeWritr does not intend to disclose the existence or occurrence of such an investigation unless required by law, but LifeWritr reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if LifeWritr believes that you have violated any of the Terms of Use, furnished LifeWritr with false or misleading information, or interfered with use of the Site or the Service by others.

26. Notices.

1. 1. In Writing. Unless otherwise specified in another section of these Terms, all notices under these Terms will be in writing as defined in these Terms.
  2. Notice Duly Given. Notice will be considered been duly given at the time when (1) receipt is electronically confirmed, if transmitted by facsimile email; (2) received, if personally delivered or sent by certified or registered mail, return receipt requested; or (3) the day after it is sent, if sent for next day delivery or recognized overnight delivery service.
  3. Online Contact Info. LifeWritr may be contacted online here.

27. ACKNOWLEDGEMENT.

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

EFFECTIVE DATE: June 7, 2018

LAST UPDATE: June 7,2018