Last Updated: October 2013

Effective date: October 2013

General

Survivorship Now LLC (“SN”) provides information and services through its web sites, programs and computer servers, including but not limited to visiting and purchasing, education concerning end of life planning, blog postings, and forums through www.survivorshipnow.com website or a subdomain of www.survivorshipnow.com, www.nowandthenplanning.com, www.nowandthenplan.com or a subdomain of www.nowandthenplan.com (collectively “Site”).

By accessing or using Site, you are a “user” and you accept and agree to the terms below (the “Terms of Use” or “TOU”) as a legal contract between you and SN. The TOU include and incorporate additional terms (“guidelines”) applicable to particular categories or services available on Site as set forth to users upon access to such categories or services. SN may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of Site.

Consent to Terms

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of Site, in which case any continuing access or use of Site is unauthorized.

Terms

Site should not be used as a substitute for legal, financial or medical advice.   SN is not liable for negligence or losses based on any such use.

By accessing this web site, you agree to be bound by these Site Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

Site has the right, but not the obligation, to moderate content posted to, stored on, or transmitted via Site by any user or third-party.

Site has the right to enforce the TOU by any means deemed appropriate by SN.

User content prohibited on Site includes, but is not limited to:

1) Illegal content;

2) Offensive content (including, without limitation, libelous, defamatory, threatening, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, or hateful);

3) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;

4) content that discloses another’s personal, confidential or proprietary information;

5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to postings submitted to Site);

6) any software or other materials which contain a virus, worm, Trojan horse, malware, spyware, or other malicious software;

7) content that offers, promotes, advertises or provides links to unsolicited products or services.

Use License

Permission is granted to temporarily use information on Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

1)     modify or copy the materials outside of stated use;

2)     use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

3)     attempt to decompile or reverse engineer any software contained on Site;

4)     remove any copyright or other proprietary notations from the materials; or

5)     transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by SN at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

SN does not allow framing of Site.

Electronic Communications

When you use any SN Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other SN Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Account

If you use any paid SN Service (“Customer”), you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SN does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the SN Services only with involvement of a parent or guardian. SN reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Disclaimer

SITE SERVICES AND ANY CONTENT, MATERIALS, USER MATERALS, FEATURES OR PRODUCTS AVAILABLE ON OR THROUGH SITE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

YOUR ACCESS TO, USE OF AND RELIANCE ON SITE AND CONTENT ACCESSED THROUGH SITE IS ENTIRELY AT YOUR OWN RISK. This site and its services are for consumer educational use only. Nothing contained in this site is or should be considered, or used as a substitute for, LEGAL ADVICE, FINANCIAL ADVICE, medical advice, diagnosis or treatment. The services provided on this site are here to educate consumers on END OF LIFE PLANNING. This site and its services do not constitute the practice of any LEGAL, FINANCIAL, medical, or other professional advice, diagnosis or treatment.

Because of the designated purpose of this site and the services it provides, you agree that SITE does not constitute a service that targets any one community, user group, business or industry.

We advise users to always seek the advice of aN ATTORNEY, FINANCIAL ADVISOR, physician or other qualified health care provider with any questions regarding LEGAL IMPLICATIONS, FINANCIAL IMPLICATIONS, personal health or medical conditions. Never disregard, avoid or delay in obtaining LEGAL, FINANCIAL OR medical advice from AN ATTORNEY, FINANCIAL PROFESSIONAL, doctor or other qualified PROFESSIONAL because of something you have read on this site.

WITHOUT LIMITING THE FOREGOING, SN ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO:

1)     THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF SITE AND CONTENT ACCESSED THROUGH SITE;

2)     COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF SITE OR CONTENT ACCESSED THROUGH SITE;

3)     ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF SITE OR CONTENT ACCESSED THROUGH SITE (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON SITE OR IN CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

Limitations of Liability

SN AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER SN REPRESENTATIVES (“SN REPRESENTATIVES”) SHALL UNDER NO CIRCUMSTANCES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY ACCESS TO, USE OF OR RELIANCE ON SITE OR CONTENT ACCESSED THROUGH SITE BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO SITE OR CONTENT ACCESSED THROUGH SITE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SN OR ANY SN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF SITE OR CONTENT ACCESSED THROUGH SITE; ANY INABILITY TO ACCESS OR USE SITE OR CONTENT ACCESSED THROUGH SITE; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF SITE OR CONTENT ACCESSED THROUGH SITE.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF SITE OR CONTENT ACCESSED THROUGH SITE (INSNUDING, WITHOUT LIMITATION, ANY LINKS ON SITE AND LINKS IN CONTENT ACCESSED THROUGH SITE).

You hereby release SN and each of the SN Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Site or content accessed through Site, or any interactions with others arising out of or related to Site or content accessed through Site, and you expressly waive the provisions of §1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than Texas as it pertains to the enforcement of the release in this section.

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Refund Policy

This Agreement will include information on the refund policy for the Site(s). Should you choose to cancel your enrollment in the Site, please contact SN through the means listed in the Help section.

Arbitration Agreement

You agree that any dispute, claim or controversy arising out of or relating in any way to Site service, including the web site, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction.

Any such arbitration will be governed by the Commercial Arbitration Rules 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. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.

Revisions and Errata

The content on Site could include technical, typographical, photographic, or other errors. SN does not warrant that any of the materials on its web site are accurate, complete, or current.

SN may make changes to the materials contained on its web site at any time without notice. SN does not, however, make any commitment to update the materials.

Links

SN has not reviewed the sites that link to Site and is not responsible for the contents of any such linking site. The inclusion of any link does not imply endorsement by SN of the linking site.

Use of any site linked from Site is at the user’s own risk.

Site Terms of Use Modifications

SN may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Texas, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Our Address

SURVIVORSHIP NOW LLC
1613 W. 6th St., Suite D
Austin, TX 78703

How to Serve a Subpoena

If you have a subpoena to serve on SN, please note that SN does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on SN, preferably by mailing the subpoena to our address stated above this section.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamp for AWS information.

Copyrights and Trademarks

“SURVIVORSHIPNOW.COM”; “Survivorship Now”; “NOWANDTHENPLAN.COM”; and Now And Then Plan” are trademarks of SN and are protected by United States and international laws. The TOU does not authorize you to use “SURVIVORSHIPNOW.COM”; “Survivorship Now”; “NOWANDTHENPLAN.COM”; and Now And Then Plan” or any similar or related marks for any use pertaining to end of life planning, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with SN.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.

If you prefer to submit a report in writing, please provide us with this information:

1)     A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2)     A description of the copyrighted work that you claim has been infringed upon;

3)     A description of where the material that you claim is infringing is located on the site;

4)     Your address, telephone number, and e-mail address;

5)     A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6)     A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

SN’s Copyright Agent for notice of claims of copyright infringement on its site can be reached at the address.

Please note that this procedure is exclusively for notifying SN that your copyrighted material has been infringed.

Feedback

Questions or comments on these TOU should be submitted to:  kc1234@survivorshipnow.com