Terms and Conditions

Welcome to Afterfect.com (the “Site”), an online data location and management service that allows users to store estate information and instructions and provide mechanisms for other to access this information in the event of their death (collectively, the “Service”) offered by Afterfect, Inc. (“Afterfect,” “we,” “us,” or “our”). By visiting our Site, you agree to be bound to the following Terms & Conditions (the “Terms”).

Please note that users of the Afterfect service, are also bound by the Afterfect User Agreement .

The Terms & Conditions are as follows:

What you may and may not do:

•    You must be 18 years or older to use this site.

•    You are responsible for any activity that occurs under your screen name or any other form of online identification.

•    You shall not abuse, harass, threaten, impersonate, or intimidate other Afterfect users while visiting out Site.

•    You shall not use our Site and our Service for any illegal or unauthorized purpose. International users agree to comply with all local laws including but without limitation to privacy, online conduct and acceptable content, data security and encryption, intellectual property, export control in your respective jurisdictions.

•    You shall not modify, adapt, or hack into this Site or modify another website so as to falsely imply that it is associated with Afterfect.

•    You shall not transmit any worms or viruses or any code of a destructive nature.

What rights we can exercise

1. We reserve the right to modify or terminate the Site and or its Service for any reason, without notice, at any time. We may use commercially reasonable efforts to send advanced notice to our registered users if such termination of the Site or its Service occurs.

2. We reserve the right to alter the Terms at any time. If the alternation is material, we may notify you via Internet email if you have left us your email address with such preference selected. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.

3. We reserve the right to refuse service to anyone for any reason at any time.

4. We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names.

Violation of any of the terms under these Terms will result in the termination of your access to this Site. You also acknowledge and agree that you will be bound to the Afterfect User Agreement if you choose to become a registered member of our Service. In the event there is a conflict between the User Agreement and these Terms, the provisions in the User Agreement will prevail.

Miscellaneous
This Agreement represents the entire and integrated agreement between you and Afterfect regarding the subject matter hereof. The Terms and the Privacy Policy are incorporated herein by reference. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.

The waiver by Afterfect of a breach or a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation of any other provision of the Terms of this Agreement.

This Agreement shall be governed by the laws of the Texas, without reference to any choice-of-law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to this Agreement shall be exclusively submitted to the courts of appropriate subject-matter jurisdiction located in Travis County, Texas, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.

In any action incurred to enforce this Agreement or defend Service provided according to the Agreement, the prevailing party shall be entitled to reasonable attorney’s fees.

This Agreement may be amended, modified, or deleted at any time with or without notice to you at the sole discretion of Afterfect. In the event there is a material change made to this Agreement, we will use commercially reasonable efforts to notify you of the change, provided that you have a workable email address in our system. Whether or not the change is material is within the sole discretion of Afterfect.

You represent that you have carefully studied and considered each and every provision of this Agreement and hereby explicitly and specifically approve each such provision.

Notice and Takedown Procedures, and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by emailing Afterfect at [email protected] and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.


• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.


• Your name, address, telephone number and (if available) e-mail address.


• A statement that you have a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.


• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.


• A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, Afterfect maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Description of Service
Afterfect offers an innovative internet-based service that uses highly secured cryptographic technologies to allow Users to organize, manage, store and share confidential data and information and instructions and provides mechanisms for others designated by Users to access this information in the event of their death. When you sign up for our Service, you will be prompted to create a password protected account (the “Account“) where you can enter and save confidential data and information on our servers (the “Entries“). You will be assigned a user identification code (“User ID“) to access your Account. Entries are transmitted always and exclusively in encrypted form.

The Site Does Not Provide Legal or Medical Advice
All of the contents of the everplans.com website, such as text, graphics, images, information obtained from Afterfect' licensors, and other material contained on the Afterfect Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional legal or medical advice, diagnosis, or treatment. Always seek the advice of an attorney, your physician or other qualified health professional with any issues or questions you may have regarding a legal or medical condition. Never disregard qualified and professional legal and/or medical advice or delay in obtaining it because of information found on Afterfect.

In the event of a medical emergency, always dial 911 or call a medical professional immediately. Afterfect does not endorse or recommend any specific attorneys, doctors, tests, products, procedures, vendors, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Afterfect, Afterfect employees, persons appearing on the Site at the invitation of Afterfect, or other visitors to the Site is expressly at your own risk.

The Site may contain information on subjects that might be considered morbid, graphic, or uncomfortable. If you find these materials offensive, you may not want to use Afterfect.

Proprietary Rights
Afterfect authorizes you to view or download the material on the Site solely for your personal, noncommercial use in the U.S. All copies of the information provided through the Site must include any trademark or copyright notices or disclaimers, and you may not remove any trademark or copyright notices or disclaimers from our or our licensor’s materials. Any special rules for the use of certain software (including, without limitation, mobile applications) and other items that may be accessible on the Afterfect Site may be included elsewhere within the Site and may be incorporated into these Terms and Conditions by reference.

You acknowledge and agree that the Content is protected by under both United States and foreign intellectual property laws, including copyrights, trademarks, service marks, patents or other proprietary rights and laws. Title to the Content remains with Afterfect or its licensors. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, reproduce, distribute (via the Internet or other public computer-based information system), redistribute, create derivative works (including translating), rent or provide any information presented to you through the Site, in whole or in part, to an unauthorized party. Further, you are prohibited from using, downloading, publishing, republishing, transferring, selling, leasing, licensing, duplicating, or “scraping” for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the Site. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice, at the editorial discretion of Afterfect. All rights not expressly granted herein are reserved to Afterfect and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of Afterfect and Its Licensors
The use of the Afterfect Site and the Content is at your own risk.

When using the Afterfect Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Afterfect and its suppliers. Accordingly, Afterfect assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Afterfect Site.

The Afterfect Site and the content are provided on an "as is" basis. Afterfect, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.

Without limiting the foregoing, Afterfect, its licensors, and its suppliers make no representations or warranties about: the accuracy, reliability, completeness, currentness, or timeliness of the Content, software (including, without limitation, mobile applications) text, graphics, links, or communications provided on or through the use of the Afterfect Site or Afterfect.

In no event shall Afterfect, its licensors, its suppliers, or any third parties mentioned on the Afterfect Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Afterfect Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Afterfect, its licensors, its suppliers, or any third parties mentioned on the Afterfect Site are advised of the possibility of such damages. Afterfect, its licensors, its suppliers, or any third parties mentioned on the Afterfect Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content.   

Moreover, User understands that their account information/passwords they store onto Afterfect will become accessible to their designated Guardians.  As such, In no event shall Afterfect, its licensors, its suppliers, or any third parties mentioned on the Afterfect Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) relating to the selection or omission of Guardians (defined in User Agreement), or the use or misuse of User information accessed by Guardians.

We, our licensors, our suppliers, or any third parties mentioned within the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. Any claims arising in connection with your use of the Site, any Content, or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.