Lastwrite

Terms and Conditions

LASTWRITE Inc. provides access to and use of its website (the "Website") subject to the following terms and conditions (the "Terms and Conditions"). The terms "LASTWRITE," "we," "us" and "our" refer to LASTWRITE Inc., an Ohio corporation located in Westlake, Ohio. The term "you" and "your" refers to each individual user of this site and, if you are acting on behalf of a third party, refers also to that third party. By accessing and using the site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions and our Privacy Policy.

YOU REPRESENT THAT YOU ARE A NATURAL PERSON, OVER EIGHTEEN (18) YEARS OF AGE, THAT YOU RESIDE IN THE UNITED STATES AND ARE NOT A RESIDENT OF THE STATE OF ALASKA1, THAT YOU HAVE A VALID UNITED STATES SOCIAL SECURITY NUMBER AND THAT YOU MAY LEGALLY AGREE TO THESE TERMS AND CONDITIONS. LASTWRITE MAY CHANGE THESE TERMS AND CONDITIONS AND LASTWRITE'S PRIVACY POLICY FROM TIME TO TIME, AND POST THOSE CHANGES HERE YOUR CONTINUED USE OF THE WEBSITE OR USE OF SERVICES AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

Privacy

Please review the LASTWRITE Privacy Policy, which sets forth how LASTWRITE handles personally identifiable information you choose to provide to us, so that you may understand our privacy practices.

Personal Information

You understand and agree that perfect security does not exist anywhere, and you will therefore protect your Social Security number, and other personal information to verify your identity, as well as financial information such as your credit card number (collectively, "Personal Information) in a reasonable way at all times. Accordingly, you will not recklessly disclose or publish your Social Security number or any other Personal Information to those that would reasonably be expected to improperly use or disclose that Personal Information, such as, by way of example, in response to "phishing" scams, unsolicited emails, or pop-up messages seeking disclosure of Personal Information. You also agree that you will, upon request from LASTWRITE, immediately remove from your computer any malicious or "peer-to-peer" software identified by LASTWRITE.

You will not access or use the personal information or social security number of any person other than yourself or, in the case of a third party, someone from whom you have a valid and enforceable power of attorney specifically permitting such use.

Use of Your Social Security Number

You may choose to have your messages automatically delivered to recipients after your death. In order for us to deliver these messages you may enter your social security number ("SSN") in our website. Social Security should be notified as soon as possible after your death. In most cases, the funeral director will report a person's death to Social Security. You or your family will need to furnish the funeral director with your SSN so he or she can make the report. At the time that your death is reported to the Social Security Administration, we will automatically release, email or deliver your messages. However, please note, that unless a death certificate is filed and your death reported to the Social Security Administration, we will not release your messages.

THE USE OF AN SSN TO IDENTIFY THE DATE OF DEATH IS NOT GUARANTEED. ACCORDING TO PUBLISHED REPORTS, DEATHS ARE OCCASIONALLY INCORRECTLY ENTERED INTO THE SOCIAL SECURITY ADMINISTRATION'S DEATH MASTER FILE.

We will encrypt your SSN to protect it from unauthorized use. You may only use your own social security number. The unauthorized use by you of anyone else's SSN is strictly forbidden.

Addresses

You are responsible for maintaining and updating your address book. We are not responsible for undeliverable messages due to incorrect or obsolete addresses.

No Special Relationship

In making this Website available, no advisory, fiduciary, client, professional, or other special relationship is implied or established and neither LASTWRITE nor any other person is, in connection with this Website, engaged in rendering estate planning, legal, auditing, accounting, tax, advisory, consulting or other professional services or advice. LASTWRITE cannot be used to create a binding or enforceable legal will or bequest and you should consult with a qualified attorney for any such gifts or bequests you desire to make upon death.

Limited License

LASTWRITE grants you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.

The limited license set forth herein does not include the right to: (i) copy, modify, distribute, or download, other than as expressly permitted, the Website or its content (except caching or as necessary to view the content); (ii) make any use of the Website or its content other than for your personal purposes; (iii) create any derivative work based upon either the Website or its content; or (iv) use any meta tags or any other "hidden text" utilizing the name or trademarks of LASTWRITE without our express written consent. Downloading Website content for commercial use is prohibited.

A website that links to our Website (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; and (iv) may not, without LASTWRITE's permission, link to any page of the Website other than the home page, located at www.lastwrite.com. LASTWRITE may, in its sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any permitted displays or printouts of the Website content must be marked "© 2017 LASTWRITE Inc. All worldwide rights reserved."

Intellectual Property Rights

All content on our Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement, are the proprietary property of LASTWRITE, its licensors, or its Users. No content (except for content uploaded by you) may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped (i.e., data harvested or extracted), displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, except as expressly provided in these Terms of Use.

LASTWRITE respects your intellectual property, publicity, and other rights and those rights of third parties. LASTWRITE, in appropriate circumstances, may suspend and/or terminate the accounts of users who infringe or repeatedly infringe the copyrights, publicity, or other intellectual property rights of others.

The trademark "LASTWRITE", and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of LASTWRITE (or its licensors).

Links to Other Websites

Links on this Website may lead to websites maintained by individuals or organizations other than LASTWRITE. These links are for your convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, company, product, service or website. We are not responsible for such third parties websites or their content, we neither monitor nor endorse such websites or their content, and we make no representation or warranty regarding the accuracy, timeliness, suitability, or any other aspect of such websites or content.

Registration

Certain features and content of the Website may be in passcode-protected sections, accessible only to registered Users. If you choose to register, you may be subject to terms of a registration agreement, which you will have an opportunity to review prior to registration.

Payment

You agree that you will timely pay (or arrange for payment to) LASTWRITE beforehand for services on a monthly or annual basis (as determined by you when you register), and you authorize LASTWRITE to charge your credit card should you choose that method of payment. LASTWRITE will advise you in advance before applying a new charge against your credit card for any future services term. In all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of services unless noted otherwise.

Privacy Policy

LASTWRITE's Privacy Policy is located on the Website, and is incorporated by reference into these Terms of Use. You authorize LASTWRITE, its agents, and its employees to obtain various information and reports about you (or about your minor child that you have registered) as LASTWRITE deems reasonably necessary or desirable in the course of performing services. LASTWRITE may share your Personal Information (as defined in the Privacy Policy) with any other person registered on your LASTWRITE account as provided in the Privacy Policy. You, individually or as the parent or legal guardian of a minor child you register, expressly authorize LASTWRITE, its agents, and its employees to take any steps necessary to implement the services, including, but not limited to, completing and executing any documents, communicating with third parties, and acting as a personal representative to the fullest extent permitted by law.

Disclaimer

YOU WILL NOT HOLD LASTWRITE RESPONSIBLE FOR ACTIONS OR INACTIONS OF USERS OR OTHER VISITORS.

LASTWRITE DOES NOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE WEBSITE. NUMEROUS FACTORS OUTSIDE OF LASTWRITE'S CONTROL MAY INTERFERE WITH OPERATION OF THE WEBSITE. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL IMPLIED WARRANTIES. LASTWRITE IS NOT LIABLE FOR ANY LOSS OF MONEY, LOSS OF INFORMATION (INCLUDING LOSS OF YOUR CONTENT), GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR ACCESS TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF LASTWRITE IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $100.

Indemnity

You will indemnify LASTWRITE and our affiliates (and our officers, directors, agents, and employees) from any claims and costs, including reasonable attorneys' fees, arising out of your breach of this Terms of Use, or your violation of any law or the rights of a third party.

Amendment

LASTWRITE may amend these Terms of Use at any time by posting the amended terms on the Website.

Prohibited Conduct

While using or accessing the Website, you shall not:

  • Post any materials that are pornographic, defamatory, libelous, harassing, or unlawful;
  • Post false, inaccurate, misleading information;
  • Distribute or post spam, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may damage the Website, or the interests or property of other users;
  • Violate any laws;
  • Violate third party rights;
  • Violate our policies, guidelines, or instructions;
  • Attempt to access or use our Website if your registration is temporarily or permanently suspended;
  • Harvest or otherwise collect information about users, including email addresses, without their consent;
  • Use any robot, spider, scraper or other automated means to access the Website, or bypass robot exclusion headers or other measures used to restrict access to the Website;
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or
  • Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.

These Terms of Use and any service provided hereunder will be governed by the laws of the State of Ohio, without regard to any laws that would direct the choice of another state's laws and, where applicable, will be governed by the federal laws of the United States.

General

Neither these Terms of Use, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior written permission of LASTWRITE. Any purported assignment without such permission shall be void. Any waiver of any rights of LASTWRITE under these Terms of Use must be in writing, signed by LASTWRITE, and any such waiver shall not operate as a waiver of any future breach of these Terms of Use. In the event any portion of these Terms of Use is found to be illegal or unenforceable, such portion shall be severed from these Terms of Use, and the remaining terms shall be separately enforced. Your use of the services and the Website shall at all times comply with all applicable laws, rules, and regulations. The Terms of Use are the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto.


1 Alaska Civil Code Sec. 45.48.410 provides that "A person who does business in the state, including the business of government, may not request or collect an individual's social security number."
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