ESTATEBOX TERMS OF SERVICE
Effective Date: January 1, 2021
Welcome to EstateBox.
Please read these Terms fully and carefully before using the Services, because these Terms form a legally binding contract between you and EstateBox for your use of the Services. These include various disclaimers, limitations, and exclusions, and a dispute resolution clause that governs how disputes will be resolved. We provide you with access to and use of the Services subject to your compliance with these Terms. By using the Services, you agree to be bound by these Terms.
If you are an Advisor accessing the Services on behalf of your customer or another entity, you represent and warrant that you have the authority to agree to these Terms on their behalf. “Advisor” refers to any financial advisor, lawyer, wealth or retirement advisor, insurance broker or any other person that you may use to help you access the Services.
We reserve the right at any time to change: (i) these Terms of Service; (ii) the Site, the Platform, or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any Content or feature or data or service on or available through the Site, the Platform, or the Services or the hours that they are available or imposing limitations on certain features and Services or restricting your access to parts or all of the Services; and (iii) the equipment, hardware or software required to use and access the Site, the Platform, or the Services.
Any changes we make to these Terms of Service will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site, and/or the Platform. Be sure to return to the Site periodically to ensure you are familiar with the most current version of these Terms of Service. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
By registering for the Services, you represent and warrant that you are (i) a Canadian resident and (ii) the age of majority in the jurisdiction you reside. If you are under the age of majority, you may not, under any circumstances or for any reason, use the Services. We reserve the right to change our eligibility criteria at any time.
3. Registration and Responsibilities
While certain aspects of the Services are public, others require you to sign up for the Services by registering for an account (an “Account”). You are solely responsible for keeping the email address associated with your Account accurate and up to date, since this is the only way we can contact you about your Account and your use of the Services. You promise not to (i) intentionally impersonate another person by using their name and/or email address or (ii) use an email address for which you don’t have the proper authorization. You are responsible for keeping your password secure and should never publish, distribute or post your Account login information.
You set permissions for sharing or disclosing your Secure Information to another person or organization (each, a “Delegate”). You are prohibited from using another person’s account or registration information for the Services without their permission. You are responsible to immediately let us know if there is any unauthorized use of your Account.
4. Your Information
a) Overview: You are solely responsible for any content that you add, create, upload, submit, distribute or post to the Services (collectively and together with Basic Information, Secure Information, Advisor Services Information, Public Information and Aggregate Information (each as explained below), “Your Information”), and you represent that all of Your Information provided or generated by you is accurate, complete, current and in compliance with all all applicable laws, rules and regulations (collectively, “Laws”).
You promise that you have all rights to grant the below licenses to us without infringement or violation of any third-party rights. If you are an Advisor accessing the Services on behalf of your customer or another entity, you represent and warrant that you have the authority to (i) add, create, upload, submit, distribute or post any and all Content to the Services on such customer or entity’s behalf and (ii) bind such customer or entity to the licenses set forth in this Section 3.
(i) “Basic Information” means the first and last name, email address, gender, postal code, date of birth, and the date and time associated with the Account creation and (if applicable) deletion of you or any on your EstateBox. By submitting Basic Information through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use reproduce, store, and display the Basic Information, including after termination of your Account or the Services, as necessary (1) to operate, provide, and improve the Site, the Services and our (and our successors’ and assigns’) businesses; (2) to send you and your Delegates marketing and promotional materials with you and your Delegates’ consent; (3) to contact your Delegates on your behalf, and (4) for audit purposes (for example, when you delete your Account we will store the Basic Information to address certain inquiries you may have surrounding your Account).
We will store your Secure Information and share it only with the Delegates you choose or as required by Law. While we can see which portions of the EstateBox you have filled out with your Secure Information, we do not in the course of normal operations see what your Secure Information actually says. We work hard to keep your Secure Information private and protected.
(iii) Use Information. If you are working with (a) an advisor or (b) an employer, benefits administrator, insurance company or any third-party institution (this subsection (b) collectively, a “Partner Provider”) to provide you access to the Services, your advisor or Partner Provider (as applicable) may be able to see certain high-level information about your use of and access to the Services, which may include the type of EstateBox you signed up for, the date, time or length of your last login to the Services, your total number of logins to the Services, and which sections of your EstateBox you completed (collectively, the “Use Information”). By accepting an advisor’s invitation to sign up for the Services, (an “Invitation”), you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, store, aggregate, reproduce, transmit and display Use Information, internally or to your advisor (if applicable), solely as necessary to operate, provide and improve the Site, the Services (including without limitation the Services) and our (and our successors’ and assigns’) businesses, including after termination of your Account or the Services. You also hereby do and shall grant your advisor, as applicable, a non-exclusive, perpetual license to access your Use Information through the Services, and to use, prepare derivative works of, and display such Use Information, including after termination of your Account or the Services. To be clear, Use Information may be personally identifiable and may be tied back to you, your Account and/or your web browser.
(iv) Public Information. “Public Information” means any content you add, create, upload, submit, distribute or post to public portions of the Services, such as comments on our blog. By publicly posting Public Information to the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, store, display, perform, transmit, and otherwise use the Public Information in connection with the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting or redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, Third Party Sites (as defined below) and feeds), and including after termination of your Account or the Services. You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your Public Information through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Public Information, including after your termination of your Account or the Services. Please do not publicly post or submit any Content that you do not want publicly accessible or viewable.
(v) Aggregate Information. “Aggregate Information” means statistical information about how you use the Services as well as your demographic information. By submitting or generating Aggregate Information through your use of the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, store, display, perform, transmit and otherwise use the Aggregate Information in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting or marketing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, Third Party Sites and feeds), and including after termination of your Account or the Services. To be clear, Aggregate Information is not personally identifiable and cannot be tied back to you, your Account or your web browser.
The licenses granted to us above do not affect your other ownership or other rights in Your Information, unless otherwise agreed in writing. You will always own your Information.
b) The security, privacy, and confidentiality of your Secure Information are of utmost and critical importance to us. When we collect, maintain, access, use, or disclose your Personal Information, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and provincial laws. Accordingly, we use industry standard (or better) administrative, physical, and technical protections to safeguard the security, privacy, confidentiality, and integrity of your Secure Information. Except as permitted under this Agreement, we do not share Secure Information with third parties without your express permission.
EstateBox shall not be responsible or liable for unauthorized access, hacking, or other security intrusions or failure to store or the theft, deletion, corruption, destruction, damage, or loss of any data or information.
5. EstateBox's Proprietary Rights
Any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics and interactive features generated, provided or otherwise made accessible on or through the Services (collectively, “Content”) are EstateBox’s property or that of our suppliers or licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content that you access through the Services. Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for purposes other than using the Services is expressly prohibited without our prior written permission. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. We reserve the right to (a) remove, edit or modify any Content in our sole discretion at any time, without notice to you and for any reason (including without limitation if we think you may have violated these Terms or upon receipt of claims or allegations from third parties or authorities relating to such Content) or (b) to remove or block any Content from the Services.
6. Acceptable Use
As a condition of your use of the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all Laws. You also agree to respect the privacy and Secure Information of other users of the Services.
You agree not to, and shall not allow anyone else to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate the distribution of any Content, including without limitation Your Information, on or through the Service, that:
a) includes anyone else’s identification documents or sensitive financial information;
b) infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or entity or violates any law or contractual duty.
c) you know is false, misleading, untruthful or inaccurate;
d) impersonates, intimidates or harasses any person or entity, including any of our employees or
e) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); or
f) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
You are further prohibited from violating or attempting to violate the security of the Services or EstateBox’ other systems or network security, including without limitation the following:
a) accessing data not intended for users of the Services;
b) gaining unauthorized access to an account, server or any other computer system;
c) attempting to or engaging in, directly or indirectly, probing, scanning or testing the vulnerability of a system or network or to breach security or authentication measures;
d) attempting to interfere with the function of the Services or the Services’ host or network, including without limitation by submitting, directly or indirectly, any Content or Your Information that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
e) sending altered, deceptive or false source-identifying information, including without limitation “spoofing” or “phishing”; or
f) forging any TCP/IP packet header.
7. Links To Third Party Sites
8. Payments and Billing
a) Paying. We accept credit card payments for use of the Services through our third-party payment processor, Stripe https://stripe.com/ca/terms. The processing of payments will be subject to the terms, conditions and privacy policies of Stripe in addition to these Terms. We are not responsible for Stripe’s errors. By choosing to use the Services, you agree to pay us, through Stripe, all charges at the prices then in effect for use of such Services and you authorize us to have your credit card charged by Stripe. The terms of your payment may be determined by agreements between you and your credit card company. If we, through Stripe, do not receive payment from you, you agree to pay any amounts due upon demand.
b) Billing. EstateBox will bill any fees associated with your use of the Services plus applicable tax to the credit card you provide. By signing up for the Services, you acknowledge that the fees associated with your use of the Services will be automatically billed again on each renewal date thereafter unless and until you cancel your use of and access to the Services. You agree that consistent recurring subscription fees may be charged automatically by us without further authorization from you, 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 or change your payment method, log into your EstateBox, go to Setting and click on “Subscription” and change your credit card information.
c) Current Payment Information Required. You are responsible for keeping your credit card information current, complete and updated. If your credit card reaches its expiration date, we may attempt to contact you to update your payment information using your 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 loss or theft) or if you become aware of potential breach of security. You agree that we (via Stripe) may continue charging your credit card for the Services unless you have terminated your access to the 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, or Stripe is unable to process your transaction using the credit card information you provided for payment, we reserve the right to suspend or terminate your access to the Services.
d) Applicable Fees. All fees and charges are prepaid and nonrefundable. EstateBox may change the fees and charges in effect or add new fees and charges from time to time, but we will notify you of any such changes in advance through your primary email address associated with your Account.
e) Promotions. Any promotional offers must be used in accordance with the terms and conditions of that specific offer, which terms and conditions will be in addition to these Terms of Service.
9. Cancellation and Suspension
Cancellation. You will continue to be billed for your use of and access to the Services unless and until you cancel it, or we terminate it. You must cancel your use of and access to the Services before the start of a new renewal period to avoid having the next period’s fees billed to your credit card. EstateBox will not issue a refund for the most recently (or any previously) charged fees associated with the Services prior to any such cancellation. You may cancel your Account and/or your use of and access to the Services at any time by emailing firstname.lastname@example.org. Cancellation will be effective upon the next billing period, unless you request immediate cancellation. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, any licenses to Basic Information, Public Information, or Aggregate Information, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
Suspension. We reserve the right to suspend your Account and/or your access to the Services immediately, with or without notice to you, and without liability to you, if EstateBox, in its sole discretion, believes that:
(i) you have violated or otherwise breached these Terms of Service;
(ii) any information provided by you is untrue, inaccurate, not current or incomplete; or
(iii) you, or any other parties, are obtaining unauthorized access to our Site, or any other systems or information of EstateBox.
These suspensions will be for such periods of time as EstateBox may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
10. Warranty Disclaimer
The services, including without limitation all content, information, function, and materials are provided “as is”, “as available” and without warranty of any kind, express or implied, including without limitation any warranties implied by any course of performance or usage of trade, any implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, or any warranties concerning the availability, accuracy, completeness, timeliness, usefulness, reliability of any opinion, advice or other content, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the services will be timely, secure, free from hacking or other security intrusion, uninterrupted, error free, or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the services is free of viruses or other harmful components; or (d) the results of using the services will meet your requirements or expectations. Your use of the services is solely at your own risk. If you are dissatisfied with the services, your sole remedy is to discontinue using the services.
Other than as required under applicable consumer protection law, in no event and under no circumstances will EstateBox be liable for any loss or damage caused by your reliance on information or materials obtained through the site or 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 any opinion, advice, results, information or materials 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 opinion, advice, product, service, materials or other information. No advice, opinion, results, information or materials, whether oral or written, obtained by you through the services shall create any warranty not expressly made herein.
11. EstateBox Is Not A Licensed Professional
EstateBox is not a licensed healthcare provider, medical professional, law firm, or financial advisory firm and therefore does not provide medical, legal, or financial advice. Additionally, the employees of EstateBox are not acting as your healthcare providers, medical professionals, lawyers, or financial advisors and do not provide personalized legal, accounting, financial, tax or health advice. You understand that any commentary or information contained on the Site or through the Services should not be considered investment, legal, accounting, financial, tax, estate planning or other professional advice. The Services are not, and should never be, a substitute for the advice of a licensed healthcare provider, medical professional, lawyer, or financial advisor. EstateBox is prohibited from providing any kind of advice, explanation, opinion or recommendation to you about (a) possible diagnoses, medical conditions, medical treatment, life expectancy, or prognoses; (b) legal rights, remedies, defences, options, selection of forms or strategies; or (c) any kind of advice, explanation, opinion or recommendation about possible financial investments or strategies. Any information you provide us is not protected by lawyer-client privilege. The Site is not a substitute for professional advice.
Use of the Services does not replace a legally enforceable will, power of attorney, living will & testament, funeral arrangements, or any other instructions that are legally binding in a court of law. You must consult a legal professional for advice.
The information or materials that you obtain or receive from EstateBox, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on or through the Services is for informational purposes only. All medically-related information comes from independent health care professionals and organizations. At no time does EstateBox review the information you provide us for legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your particular situation. You hereby agree that any information provided to or accessed by you from time to time on or through the Services is not developed or provided by EstateBox as investment advice and will not be used or treated by you as investment advice.
You shall defend, indemnify and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from Your Information, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence 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 defences.
13. Limitation and Liability
We have no special relationship or fiduciary duty to you. You release us from all liability for any release of Your Information, including without limitation your Secure Information.
To the greatest extent permitted under applicable law, in no event shall we, our affiliates, nor any of our or their respective directors, employees, agents, partners, suppliers or content providers, be liable to you or to your Delegates, heirs, successors or your estate for (a) any indirect, special, incidental, consequential, compensatory, exemplary or punitive damages arising from or directly or indirectly related to (i) the use of, or the inability to use, the Services, content, materials and functions related thereto, (ii) unauthorized access to or loss, corruption or alteration of your information, data, transmissions, content or other information, (iii) any bugs, viruses, trojan horses, or the like (regardless of the source of origination) (iv) statements or conduct of any third party on or using the services, (v) EstateBox’ actions or omissions in reliance upon your Account or credit card information and any changes thereto or notices received therefrom, (vi) your failure to protect the confidentiality of your information or any passwords or access rights to your Account, (vii) the acts or omissions of any third party using or integrating the services or (viii) any other matter relating to the services, including without limitation, loss of revenue, anticipated profits, goodwill, lost business, use, data, sales, cost of substitute services, or other intangible losses (however arising), even if EstateBox or its representative has been advised of the possibility of such damages; or (b) any direct damages in excess of (in the aggregate) the fees paid to us for the particular services during the immediately previous three (3) month period.
14. Dispute Resolution
These Terms of Service and any action related thereto shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Kelowna, British Columbia.
a) Entire Agreement. These Terms and all other EstateBox agreements and policies expressly incorporated by reference, each as may be amended or modified by EstateBox in accordance with its terms from time to time, together constitute the entire agreement between you and us and govern your use of the Services and supersede all prior or contemporaneous communications and agreements of any kind between you and us with respect to the Services. If any incorporated agreements or policies conflict with these Terms, these Terms shall control.
c) Force Majeure. We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failure or degradation.
d) Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
e) Assignment. These Terms of Services are not assignable, transferable or sub-licensable by you except with EstateBox’s prior written consent. We may assign, transfer or convey these Terms of Service to a third party without notice to you.
f) No Relationship. 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.
g) Cancellation and Termination. You may cancel your Account and request deletion of your Secure Information at any time. EstateBox may also suspend or terminate your Account if you violate these Terms.
(i) It is the express wish of the parties that these terms and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.