TERMS OF SERVICE 

 

Introduction to Terms of Service

By using the National Archive of Last Wills and Testaments website, you acknowledge that you have read and agreed to be bound to the Terms of Service.  By agreeing to the Terms of Service, you further agree to be bound by all applicable laws, rules, statutes and regulations that govern the services provided by National Archive of Last Wills and Testaments.  You also agree to be bound by any additional terms of service that are added by modification to the Terms of Service which is permitted to be done at any time by the National Archive of Last Wills and Testaments.

You agree that if you use the National Archive of Last Wills and Testaments, you are over 18 years of age.

You are solely responsible for the content you upload to the servers belonging to or being used by the National Archive of Last Wills and Testaments.

You are solely responsible for your interactions on National Archive of Last Wills and Testaments.   This includes any interactions with employees of National Archive of Last Wills and Testaments and other users of the National Archive of Last Wills and Testaments, including interactions when you share access to your documents (including, but not limited to wills) or your account with other individuals, either via the features available on the National Archive of Last Wills and Testaments website, or by sharing your account information.

By using the services offered by the National Archive of Last Wills and Testaments, you have given consent and fully agreed to abide by all rules that are set forth by National Archive of Last Wills and Testaments. 

You also agree to a liability waiver to the fullest extent possible as allowed by law as to National Archive of Last Wills and Testaments and the actions of its employees, owners and agents.   National Archive of Last Wills and Testaments has no liability for your actions or inactions.

National Archive of Last Wills and Testaments is not providing any tax advice via its website or any forum.

Who can create an account?

You may only create an account with National Archive of Last Wills and Testaments on behalf of yourself (the “User”).   As such, the User has exclusive ownership of the documents the User has downloaded.   The User may also remove any documents that have been uploaded to the National Archive of Last Wills and Testaments servers. 

National Archive of Last Wills and Testaments reserves the right to return uploaded documents that are not suitable for storage on the National Archive of Last Wills and Testaments.    The User also agrees that the documents uploaded belong solely to the User and does not violate any third party rights in any manner.  The User also agrees that any documents uploaded are truthful and accurate to the best knowledge of the User.

The use of the services provided by the National Archive of Last Wills and Testaments is not a substitute for the administration and acts needed to probate a will in any state or country. 

The User agrees not to upload any documents or perform any actions via the National Archive of Last Wills and Testaments that would violate any law, rule or statute as well as that would infringe on any rights of any person.   National Archive of Last Wills and Testaments will not be responsible, and assumes no liability, for any actions as prohibited in this section as well as any actions that have been prohibited on the National Archive of Last Wills and Testaments website.  

Payment

You agree to pay the National Archive of Last Wills and Testaments for the storage of documents.   If you choose to use the National Archive of Last Wills and Testaments, you are bound by the terms of sale, pricing, payment and refund policies (when applicable).   You authorize the National Archive of Last Wills and Testaments to charge your credit card for all fees and charges incurred in connection with your use of the National Archive of Last Wills and Testaments including any taxes or fees. 

User Responsibility

In order to use the services of the National Archive of Last Wills and Testaments, you are also required to maintain the confidentiality of your account including the protection of any username and password as well as the documents that are uploaded.  The User must maintain the security and integrity of the account that is created.  National Archive of Last Wills and Testaments will not be liable for failure by the User to keep their account safe and will not be held liable if another person (not the initial User) is granted access to the account and subsequently fails to maintain the safety of the account.   The National Archive of Last Wills and Testaments shall not be held liable for any losses or damages the User sustains as a result of a failure to maintain the account or through the actions of a third party that obtained access to an account willfully from the initial User.   

Law and Jurisdiction

The User agrees that all services provided by the National Archive of Last Wills and Testaments are based only in New Jersey.   Any dispute regarding the Terms of Service will be governed by New Jersey law with any dispute to be filed with the New Jersey Courts (federal or state).   

Indemnification

The User agrees to defend, indemnify and hold harmless National Archive of Last Wills and Testaments and its agents, licensors, insurers, managers, members, owners, trustees, employees, officers and directors from any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from the following:

• User’s access and use of National Archive of Last Wills and Testament’s website or any product including any uploading of documents;
• User’s violation of any terms or rules of National Archive of Last Wills and Testaments including the Terms of Service;
• User’s violation of any law, rule or regulation of any local, state or federal law, rule or regulation.

Liability Limitation and No Warranty

THE SERVICES PROVIDED BY NATIONAL ARCHIVE OF LAST WILLS AND TESTAMENTS ARE “AS IS” AND “AS AVAILABLE”. USE OF THE SERVICES ARE DONE AT THE USER’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  NO WARRANTY IS CREATED BY NATIONAL ARCHIVE OF LAST WILLS AND TESTAMENTS OR THE SERVICES PROVIDED BY NATIONAL ARCHIVE OF LAST WILLS AND TESTAMENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NATIONAL ARCHIVE OF LAST WILLS AND TESTAMENTS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OWNERS, INSURERS, TRUSTEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES.

UNDER NO CIRCUMSTANCES WILL NATIONAL ARCHIVE OF LAST WILLS AND TESTAMENTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM UNAUTHORIZED ACCESS.

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National Archive of Last Wills and Testaments is an online service providing information and a safe and secure website to store legal documents, particularly fully executed wills.  We are not a law firm, we do not provide legal advice, and no content received from this website in any form creates an attorney-client relationship.  The services provided with this website are not a substitute for the counsel of an attorney.  

NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH THE USE OF National Archive of Last Wills and Testaments. ANY AND ALL COMMUNICATIONS BETWEEN YOU AND National Archive of Last Wills and Testaments ARE PROTECTED BY OUR PRIVACY POLICY BUT NOT BY ATTORNEY-CLIENT PRIVILEGE.

The services offered by National Archive of Last Wills and Testaments are not substitutes for the legal advice of an attorney and if you need legal advice for a specific matter relating to wills, you should consult a licensed attorney in your area. At no time is an attorney-client relationship or any other special relationship created between you and National Archive of Last Wills and Testaments or any employee or other person associated with National Archive of Last Wills and Testaments, and any information you provide us is not protected by attorney-client privilege or as attorney work product. You are and will be representing yourself in any matter you undertake using the services of National Archive of Last Wills and Testaments and storage of a will (or any legal document) with National Archive of Last Wills and Testaments cannot create an attorney-client relationship.

If, prior to your storage of a will (or any document) with National Archive of Last Wills and Testaments or use of the National Archive of Last Wills and Testaments website, you believe that National Archive of Last Wills and Testaments gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, forum selection, please be advised that said cannot occur based on this disclaimer.