Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
By using the executordiy.com website (the “Site”), you agree to follow and be bound by these terms of service (the “Terms of Service” or “Terms”) and you agree to comply with all applicable laws and regulations.
In these Terms of Service, the words “you” and “your” refer to each customer, member, or Site visitor; the words “we”, “us” and “our” refer to the owners of executordiy.com and their employees, agents, successors, and assignees (collectively referred to as “Executor DIY”); and the word “Services” refers to all services, content, and information provided on or through the Site.
It is your responsibility to review these Terms of Service periodically. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, you are not authorized to use this Site. We may revise these Terms of Service at any time without notice to you.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Site is for Information Purposes Only
Executor DIY provides videos and other informational content to give visitors a general understanding of the law. The Site includes general information on commonly encountered legal issues but does not draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, options, or strategies, nor does it apply the law to the facts of your particular situation. Executor DIY is not a law firm and may not perform services performed by an attorney. Executor DIY and the information and material provided on the Site are not a substitute for the advice or services of an attorney.
Executor DIY strives to keep its information current and up-to-date. However, because the law changes rapidly, Executor DIY cannot guarantee that all the information on the Site is completely current or accurate. Furthermore, the law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information like the kind Executor DIY provides can fit every circumstance. The legal information contained on and through the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. If you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by the information contained on the Site, you should consult a licensed attorney in your area.
Use of this Site is not intended to create any attorney-client relationship, and your use of this Site does not and will not create an attorney-client relationship between you and Executor DIY.
Privacy Policy
Executor DIY respects your privacy. A complete statement of Executor DIY’s current Privacy Policy can be found by clicking here. Executor DIY’s Privacy Policy is expressly incorporated into these Terms of Service by reference.
In connection with the use of certain Executor DIY products or services, you may be asked to provide personal information. This information will be protected pursuant to our Privacy Policy. In addition, you grant Executor DIY a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information for the purpose of enabling your use of the applicable service.
Ownership and Copyright
All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, forms, spreadsheets, videos, graphics, sounds, images and logos (the “Materials”) are owned either by Executor DIY or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Executor DIY, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way, and nothing on this Site shall be construed to confer any license under any of Executor DIY’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by Executor DIY.
Limited Permission to Download
Executor DIY hereby grants you permission to download, copy, and print any documents, including, but not limited to forms, checklists, and spreadsheets that are explicitly made available to you for download through your current account subscription (the “Downloadable Material”), provided, however, that such permission is limited to downloads to any single, stand-alone computer solely for your personal, informational, non-commercial use, and further provided that:
- Where provided, the copyright and trademark notices appearing on any Downloadable Material not be altered or removed,
- The Downloadable Material are not used on any other website or in a networked computer environment, and
- The Downloadable Material are not modified in any way, except for authorized editing of downloadable forms for personal use.
License to Use
Executor DIY grants you a limited, personal, non-exclusive, non-transferable license to use the Downloadable Material for your own personal use. You may not sell the Downloadable Material or use it for any business or commercial purposes. You may not share, transmit, or redistribute, the Downloadable Material to any third parties except as is necessary in direct connection with your management or administration of an estate.
Termination of Permission
The permissions granted herein automatically terminate without notice if you breach any of the terms or conditions of these Terms of Service. Upon any such termination, you agree to immediately destroy any downloaded or printed Materials.
Unauthorized Use
Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
Accounts
When you create an account with us, you must provide information that is accurate, complete, and current, and you must update such information as needed to keep it current at all times. Failure to do so constitutes a breach of the Terms of Service which may result in immediate termination of your account.
You are responsible for safeguarding your account password, and you agree not to reveal your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Your account represents a single user license to utilize the specific Services accessible by your account type. You may not share your account with anyone, nor grant access to your account to any other person, and your account is non-transferrable.
Cancellation of Subscription / Termination of Account
You may cancel your subscription based on the cancellation policy of your specific account type. For the cancellation policy associated with your account type, click here.
We may terminate or suspend your account at any time without prior notice, for any reason, including without limitation if you breach the Terms. Upon termination, your right to use the Service will either cease immediately or will cease at the end of your current subscription term.
For the cancellation and refund policies and procedures associated with your account type, click here.
All provisions of the Terms which by their nature can survive the termination of your account shall survive such termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Links to Third Party Sites
This Site may contain links to websites controlled by parties other than Executor DIY, and may provide links to other resources provided by third parties with whom Executor DIY is not affiliated (“Third Party Sites and Resources”). Executor DIY is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, or services of any Third Party Sites and Resources, nor does Executor DIY make any guarantees about the content or quality of any Third Party Sites and Resources. Executor DIY is providing these links to you only as a convenience, and the inclusion of any such link does not imply endorsement by Executor DIY of the Third Party Sites and Resources, nor does it imply that Executor DIY sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of any Third Party Sites and Resources and agree that Executor DIY is not responsible for any loss or damage of any sort you may incur from dealing with a third party.
User Content
At various locations on the Site, Executor DIY may permit Site users to post comments, questions, answers, reviews, and other content (the “User Content”). Contributions to the Site, and access to and use of the User Content is subject to the terms and conditions of these Terms of Service.
Executor DIY is not the publisher or author of the User Content and takes no responsibility and assumes no liability for any content posted by you or any other third party.
Executor DIY has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize, or otherwise change any User Content.
You are legally and ethically responsible for any User Content that you post or contribute to the Site. In posting User Content you agree that you will not submit any content:
- that is known by you to be false, inaccurate, or misleading,
- that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy,
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing consumer protection, unfair competition, antidiscrimination, or false advertising),
- that is, or may reasonably be considered defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation,
- that includes advertisements, spam, or content for which you were or may be compensated or granted any consideration by any third party,
- that contains any computer virus, worms, or other potentially damaging computer programs or files, or
- that otherwise violates these Terms of Service.
You grant Executor DIY a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate any User Content you post or contribute to the Site, without compensation to you.
You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright 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 Executor DIY user account
NO WARRANTY
THE SITE, AND ALL MATERIALS, DOCUMENTS, FORMS, AND INFORMATION PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EXECUTOR DIY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EXECUTOR DIY MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY MATERIALS OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. EXECUTOR DIY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
LIMITATION OF LIABILITY AND INDEMNIFICATION.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD EXECUTOR DIY HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF EXECUTOR DIY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF EXECUTOR DIY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Unsolicited Submissions
Except as may be required in connection with your use of Executor DIY Services, Executor DIY does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to Executor DIY through or in association with this Site shall be considered non-confidential and shall become Executor DIY’s property upon submission by you. By providing such submissions to Executor DIY you hereby assign to Executor DIY, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Executor DIY shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
Additional Terms
Some Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Service and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Service will control.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Indiana without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. Any legal proceeding involving or related to these Terms or the use of the Site or Services shall be brought in a court of competent jurisdiction in the state of Indiana, and you agree to be subject to such jurisdiction for such purposes.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. When we do such updates we revise the updated date at the bottom of this page. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Hi. I'm David and I'm the creator of ExecutorDIY.
I’m an actual probate attorney who has been helping people and families since 1996. I’m not a dot-com entrepreneur just trying to make a fast buck, nor am I a nameless, faceless corporate giant like LegalZoom or RocketLawyer that treats people like commodities. I created this site to provide real help and support to people who are having to administer the estate of a loved one, and who just want some guidance along the way.
