California Business and Professions Code Notice

Pursuant to the requirements of California Business and Professions Code Section 6410 relating to the provisions dealing with Legal Document Assistants/Web Site Providers, the following items must be included in any contract that is entered into with Estate Helper:

THE LEGAL DOCUMENT ASSISTANT IS NOT AN ATTORNEY AND MAY NOT PERFORM THE LEGAL SERVICES THAT AN ATTORNEY PERFORMS.
THE COUNTY CLERK HAS NOT EVALUATED OR APPROVED THE REGISTRANT'S KNOWLEDGE OR EXPERIENCE, OR THE QUALITY OF THE REGISTRANT'S SERVICES.
THE CONSUMER MAY OBTAIN INFORMATION REGARDING FREE OR LOW-COST REPRESENTATION THROUGH A LOCAL BAR ASSOCIATION OR LEGAL AID FOUNDATION AND THAT THE CONSUMER MAY CONTACT LOCAL LAW ENFORCEMENT, A DISTRICT ATTORNEY, OR A LEGAL AID FOUNDATION IF THE CONSUMER BELIEVES THAT HE OR SHE HAS BEEN A VICTIM OF FRAUD, THE UNAUTHORIZED PRACTICE OF LAW, OR ANY OTHER INJURY.
A LEGAL DOCUMENT ASSISTANT IS NOT PERMITTED TO ENGAGE IN THE PRACTICE OF LAW, INCLUDING PROVIDING ANY KIND OF ADVICE, EXPLANATION, OPINION, OR RECOMMENDATION TO A CONSUMER ABOUT POSSIBLE LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS, OR STRATEGIES.

PRIOR TO AGREEING TO THIS CONTRACT, PLEASE SEE THE REQUIRED NOTICE TO YOU UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 6410.5.

Disclaimer Regarding Use of Website

Legacy Planners, Inc., DBA Estate Helper (hereinafter "Estate Helper") is not a law firm and does not provide legal advice. It may not perform services performed by an Attorney and is not a substitute for the advice or services of an Attorney. No attorney-client relationship results from User's use of the Estate Helper website and User specifically states by agreeing to this Terms of Use Agreement and Disclaimer that User is representing himself or herself in this matter.

Estate Helper provides self help document assembly services for individuals who use the Estate Helper website (hereinafter the "User"). If User is looking for legal advice from a licensed attorney in User's state of residence then User should not use the Estate Helper website and should contact the state bar of the User's state of residence for a referral to a licensed attorney. This Terms of Use Agreement and Disclaimer may be accessed at any time in the Estate Helper website by clicking the Terms of Use tab at the bottom of every page.

Except where prohibited by law, this Terms of Use Agreement and Disclaimer (hereinafter "Agreement") sets forth the standards of use of the Estate Helper website. By using the Estate Helper website you (the "User" or in the aggregate "Users") agree to these terms and conditions contained in this Agreement and Estate Helper's Privacy Agreement. If you do not agree to the terms and conditions of this Agreement or the Privacy Agreement, you should immediately cease all usage of this website.

You specifically agree that Estate Helper did not give you any legal advice, opinion or recommendation with respect to your legal rights, remedies, defenses, options, selection of forms or strategies, and if you think that Estate Helper did, then you agree to not move forward with the purchase of anything from the Estate Helper website.

We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at www.estatehelper.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. By using the Estate Helper website you are indicating that you are at least eighteen (18) years of age and that you are legally able to enter into a contract.

Description of Service

Estate Helper is providing its Users an automated online assembly solution to Users who choose to prepare their own legal documents at User's direction. Estate Helper is not providing legal, tax, investment, or any other type of advice that requires a license in the state in which User is accessing this website. User must access this website using their own personal computer through their internet connection, and must pay the applicable fees to assemble the documents that the User assembles. Estate Helper is not a substitute for the advice or services of an attorney.

User has permission to download, view, copy and print any self-generated document on any computer solely for User's personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any document not be altered or removed, (ii) the documents are not used on any other website or in a networked computer environment and (iii) the documents are not altered in any way except for authorized editing of the forms for User's personal use. This permission is a limited, personal, non-exclusive, non-transferable license for User's own personal or internal business use. User specifically agrees not to purchase the documents for resale or distribution without the express written consent of Estate Helper.

Disclaimer of Warranties

The site is provided by Estate Helper on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Estate Helper makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Estate Helper shall have no liability for any interruptions in the use of this Website. Estate Helper disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in those jurisdictions.

Limitation of Liability

Estate Helper SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Estate Helper SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Estate Helper HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER AGREES TO HOLD ALL OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY DAMAGES THAT RESULT FROM THE USE OF THIS WEBSITE (INCLUDING ALL ATTORNEYS FEES AND RELATED COSTS AND EXPENSES OF LITIGATION). SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE IN THOSE JURISDICTIONS.

Due to the law changing rapidly, Estate Helper cannot guarantee that all of the information on the Estate Helper website or applications is completely current. No service like Estate Helper can fit every client's unique situation and therefore the information on this site is not legal advice and is not guaranteed to be correct or up to date.

Indemnification

User agrees to indemnify and hold Estate Helper, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by User or any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

Estate Helper reserves the right to modify or discontinue the Service with or without notice to the User. Estate Helper shall not be liable to User or any third party should Estate Helper exercise its right to modify or discontinue the Service. User acknowledges and accepts that Estate Helper does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. User acknowledges that Estate Helper is not responsible for the availability of, or the content located on or through, any third-party site. User should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. User's use of those third-party sites is subject to the terms of use and privacy policies of each site, and Estate Helper is not responsible therein. We encourage all Users to review said privacy policies of third-party sites.

Disclaimer Regarding Accuracy of Third Party Information

While Estate Helper makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Estate Helper makes no warranties or representations whatsoever with regard to any product provided or offered by any third party (including Vendors), and you acknowledge that any reliance on representations and warranties provided by any third party (including Vendors) shall be at your own risk.

Governing Jurisdiction of the Courts

This website is owned by Legacy Planners, Inc., and operated and provided solely in the County of Orange in the state of California. As such, we are subject to the laws of the State California, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State California, and you agree to have California law govern any dispute regarding the use of the Estate Helper website. Furthermore, all disputes shall be resolved through binding arbitration or small claims court as described below in this Agreement.

Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2013 Estate Helper, with all rights reserved, or is the property of Estate Helper and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Estate Helper is strictly prohibited.

Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Estate Helper.

All trademarks displayed on Estate Helper's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Estate Helper.

When accessing Estate Helper's website or using the Estate Helper document assembly service through the website, you agree to obey the laws and respect the intellectual property rights of Estate Helper. Your use of the service and the website is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, transmit or otherwise distribute any information in violation of any person or entity's copyrights, trademarks, or other intellectual property or proprietary rights.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Estate Helper designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail:

Estate Helper
Attn: Terms
9870 Research Drive
Irvine, CA 92618
Phone: (800) 295-6026
Email: contact@estatehelper.com

Botnets

Estate Helper retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Estate Helper reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Force Majeure

Estate Helper shall not be considered in breach of or default under this Agreement and shall not be liable for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott, or similar event beyond our reasonable control whether foreseen or unforeseen (a "Force Majeure Event").

Limitation of Estate Helper's Responsibilities

Estate Helper's review of my answers is limited to completeness, spelling, grammar, and for the consistency of names and contact information. Each User agrees to completely read each and every document generated by the Estate Helper website and agrees to be solely responsible for its contents.

Referral Codes and Discounts

By using a referral code, you consent to the referring organization receiving updates on any progress and your contact information. Your asset information or other personal information will not be shared.

Dispute Resolution

Most customer concerns can be dealt with by calling Customer Service. In the unlikely event that customer service is unable to resolve your issue or complaint, both Estate Helper and User agrees to resolve any such disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. The terms of the binding arbitration are set forth below in this section.

Estate Helper and User agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims that we agree to arbitrate are intended to be broadly interpreted. This clause applies, without limitation, to: claims arising out of or relating to any aspect of the relationship between us as based in any kind of legal theory, claims that arose before these or any prior Terms of Use were adopted by Estate Helper, 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 these Terms of Use.

Notwithstanding the above, either party may bring an individual action in small claims court. By agreeing to these terms you and Estate Helper are each waiving your right to a trial by jury or to participate in a class action and specifically acknowledge by your agreement to this Agreement to not participate in any kind of litigation. The remedies set forth in this Agreement are User's sole remedies should there be any kind of issue that cannot be worked out between User and Estate Helper.

Either party may file the arbitration claim with the American Arbitration Association ("AAA"), whose form to initiate arbitration can be found online on the AAA website: www.adr.org. The Arbitration shall proceed pursuant to the rules of the AAA.

Protection of Information with Referring Organizations

Estate Helper values your privacy and takes every necessary step in order to protect your private information. Based on this, Estate Helper will not share your private information with any Referring Organization except as set forth in this paragraph.

If User used or received a referral code from a Referring Organization (as defined in this Agreement), then Estate Helper will share with the Referring Organization the contact information of the person who used the referral code and the User's progress through the document preparation process. Estate Helper will not share any information regarding Users asset information or other personal information with the Referring Organization.

If the Referring Organization is a charitable organization and the User decides to remember the Referring Organization in the User's legal documents, Estate Helper will request permission from the User to share with the Referring Organization any charitable decision by the User to remember the Referring Organization for the Referring Organization's own record keeping purposes. Estate Helper will also share aggregate statistics of all related Users with the Referring Organization while protecting the privacy of individual User's information.

Terms Related to Referrals from Referring Organizations

User may be referred to Estate Helper from an outside Church, religious ministry, nonprofit organization, law firm, or some other type of entity (referred to in this paragraph in the aggregate as the "Referring Organizations"). User specifically agrees to hold any such Referring Organization harmless for any reason that results from the use of the Estate Helper website by User. User agrees to avoid any kind of litigation, mediation, arbitration, or claim of any manner under any legal theory against those Referring Organizations.

Disclaimer Regarding Calculations provided in the Estate Helper website

User should be aware that all of the calculations provided in the Estate Helper website, including any calculations related to estimated income tax, estate tax, gift tax, generation skipping tax or other taxes, probate fees and costs, and any other expense of an estate or individual that is set forth in the Estate Helper website is an estimate and should not be construed or understood to be the exact number that would occur in User's specific situation.

There are many factors that could impact these calculations that are not built into the Estate Helper website and we cannot and do not guarantee their applicability or accuracy in regards to your individual circumstances. All examples are hypothetical and are for illustrative purposes. We encourage you to seek personalized advice from qualified professionals including a certified public accountant or attorney.

Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that Agreement and any other agreements referenced herein may be assigned by Estate Helper in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Notice to North Carolina Users

Pursuant to Article 1 of Chapter 84 of the North Carolina general Statutes Section 84-2.2, the following changes to Estate Helper's Terms of Use Agreement and Disclaimers are in effect for North Carolina Users:

User will be provided a means to see blank templates before finalizing purchase. An attorney licensed to practice law in the state of North Carolina has reviewed each blank template offered to North Carolina consumers, including each and every potential part thereof that may appear in the completed document. The name and address of each reviewing attorney is kept on file by Estate Helper will be provided to the User upon written request.
Estate Helper does not disclaim any warranties or liability and does not limit the recovery of damages or other remedies by any User.
Estate Helper does not require the user to agree to jurisdiction or venue in any state other than North Carolina for the resolution of disputes between Estate Helper and user.