Last updated: November, 2020
It is your responsibility to review this User Agreement periodically. If, at any time, you find the terms of this User Agreement unacceptable, please stop using this Portal (defined below), and cancel your account. We may revise this User Agreement at any time. If you have any questions, please contact us at [email protected] .com.
- Certain Definitions.
- "Advisor" means (i) an employee of, or an individual independent contractor providing services to, an advisor or an Affiliate which purchased an Advisor FamilyArc Subscription on his or her behalf (whether or not such person actually is a licensed, professional estate planning or other type of advisor) and who is authorized to access and use the Portal, or (ii) a professional services provider who purchases a FamilyArc Subscription directly from FamilyArc .
- "Affiliate" means an entity that controls, is controlled by, or is under common control with anAdvisor, where "control" means possession, directly or indirectly, of a majority of an entity’s voting interests.
- "Client User" means an individual who accepts an Advisor’s invitation to the Portal by registering for a FamilyArc Subscription.
- "Documentation" means all documentation, whether printed or in electronic retrieval format, supplied or made available to User by FamilyArc for use with or in support of the Portal or its implementation, including without limitation any and all revisions, modifications, and updates thereof as may be supplied or made available by FamilyArc to User during the Term of this User Agreement and all copies thereof made by or on behalf of Customer.
- "Advisor" means an entity which has purchased bundled FamilyArc Subscriptions.
- "Advisor Agreement" means the agreement between an Advisor and FamilyArc regarding the purchase of bundled FamilyArc Subscriptions.
- "FamilyArc Services" means the Portal, the User Account, the FamilyArc Subscription, all additional products and services provided by FamilyArc on the Portal, Marketplace Products, and any other products or services FamilyArc provides or makes available to Users through the Portal.
- "Licensed Materials" means, in the case of non-Advisor Users, the FamilyArc Subscription, and any Marketplace Products that have been purchased by or on behalf of the User or otherwise made available to the User; and in the case of Users who are Advisors, the FamilyArc Subscription, any Marketplace Products that have been purchased by or on behalf of the User or otherwise made available to the User, and the Documentation.
- "Marketplace Products" means products and services available for purchase from the marketplace within the Portal, other than the FamilyArc Subscription.
- FamilyArc Subscription" means the license for a User to access and use the FamilyArc service through the Portal pursuant to the terms of this User Agreement. Although Marketplace Products may be provided to or purchased by the User, the User’s FamilyArc Subscription does not include such Marketplace Products.
- "Portal" means the FamilyArc website at www. FamilyArc .com and the User Account functionality which allows access to the FamilyArc Services, together with any associated database structures and queries, interfaces, tools, and the like that may be provided by FamilyArc to User, together with any and all revisions, modifications, and updates thereof.
- "Referral Fee" means fees earned by an Advisor when an associated Client User purchases certain Marketplace Products.
- "User" means any Advisor or Client User.
- "User Account" refers to a User’s unique, password-protected account on the Portal.
- "User Data" means all dataentered into the Portal by or on behalf of a User.
- Changes to User Agreement. It is our practice to post any changes we make to our User Agreement on this page with a prominent notice that the User Agreement has been updated on the Portal’s home page contemporaneously with the change becoming effective. The date the User Agreement was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and Portal and reviewing this User Agreement to check for any changes, as they are binding on you. Your continued use of any FamilyArc Service is subject to User Agreement, as revised.
- Changes to FamilyArc Services. FamilyArc may, from time to time, update its product and service offering and pricing. The currently available FamilyArc Services can be viewed on the Portal, along with current prices for such FamilyArc Services.
- Obtaining Access to FamilyArc Services. An individual may obtain access to the FamilyArc Services, and become a User under this User Agreement, in one of the following ways:
- An Advisor may either be granted a FamilyArc Subscription by an Advisor that has purchased bundled FamilyArc Subscriptions, or may purchase an individual FamilyArc Subscription; or
- An individual who is not an Advisor may be granted a FamilyArc Subscription by an Advisor or a Client User who invites the individual to the Portal.
Once a User has established a User Account on the Portal, the User is considered to have accepted the FamilyArc Subscription. Depending on the terms of the underlying Advisor Agreement, if any, and the terms of the User’s invitation to the Portal, the FamilyArc Subscription may also include access to certain Marketplace Products. Users may also purchase Marketplace Products. Each User must have an active FamilyArc Subscription in order to purchase or access any Marketplace Products.
- Terms For All Users.
- License Grant. Subject to the terms and conditions of this User Agreement, FamilyArc hereby grants to User, during the term, a limited, revocable, non-exclusive, non-transferable license to use and access the Licensed Materials. In using the Licensed Materials, User agrees that (a) it will use the Licensed Materials in accordance with such guidelines as may be set forth in this User Agreement or otherwise specified by FamilyArc ; (b) the Licensed Materials are and shall remain the sole property of FamilyArc ; (c) nothing in this agreement shall confer in or on User any right of ownership in the Licensed Materials; (d) it will not modify, adapt, translate, or create derivative works based upon any part of the Licensed Materials, or combine or merge any part of the Licensed Materials with or into any other software, content, or documentation except as expressly authorized by this User Agreement; (e) it will not use the Licensed Materials for any illegal or inappropriate purpose or in connection with any illegal or inappropriate activity; and (f) use of the Licensed Materials shall inure to the benefit of FamilyArc .
- No Provision of Investment, Legal or Financial Advice. USER HEREBY ACKNOWLEDGES THAT FamilyArc IS NOT PROVIDING, AND DOES NOT PURPORT TO PROVIDE, ANY INVESTMENT, LEGAL OR FINANCIAL ADVICE WHATSOEVER. USER SHALL NOT RELY ON FamilyArc TO PROVIDE ANY SUCH ADVICE OR COUNSEL. IN NO EVENT WILL USER RESPRESENT TO ANY PERSON THAT FamilyArc IS PROVIDING ANY INVESTMENT, LEGAL OR FINANCIAL ADVICE.
- No Endorsement or Recommendation of advisor or Advisor. USER HEREBY ACKNOWLEDGES THAT FamilyArc IS NOT IN ANY WAY ENDORSING OR RECOMMENDING ANY ADVISOR, ADVISORS, OR ANY ADVICE OR SERVICES PROVIDED BY ANY ADVISOR OR ADVISOR. IN NO EVENT WILL USER REPRESENT TO ANY PERSON THAT FamilyArc IS MAKING OR HAS MADE ANY SUCH ENDORSEMENT OR RECOMMENDATION.
- FamilyArc Services Provided “As Is”. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, EXCEPT AS EXPRESSLY SET FORTH IN THIS USER AGREEMENT, THE FamilyArc SERVICES ARE PROVIDED “AS IS” AND FamilyArc EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS USER AGREEMENT, THE FamilyArc SUBSCRIPTION, THE FamilyArc SERVICES OR THE RESULTS THAT MAY (OR MAY NOT) BE ACHIEVED BY A USER THROUGH USE OF OR ACCESS TO THE FamilyArc SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE. FamilyArc DOES NOT REPRESENT THAT THE OPERATION OF THE FamilyArc SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. USER ACKNOWLEDGES THAT FamilyArc USES A THIRD PARTY TO HOST THE FamilyArc SERVICES AND TO STORE USERS’ INFORMATION. USER SHALL NOT MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ON BEHALF OF FamilyArc OR ITS THIRD-PARTY PROVIDERS OR LICENSORS TO ANY OTHER USER OR ANY THIRD PARTY IN CONNECTION WITH THE FamilyArc SERVICES.
- Limitation of Liability. IN NO EVENT SHALL FamilyArc (OR ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH FamilyArc ), OR FamilyArc ’S THIRD-PARTY PROVIDERS OR LICENSORS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT OR THE FamilyArc SERVICES, WHETHER OR NOT SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL FamilyArc (OR ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH FamilyArc ) BE LIABILE FOR ANY CLAIMS UNDER ANY AND ALL LEGAL THEORIES FOR AGGREGATE DAMAGES ARISING OUT OF OR RELATING TO THIS USER AGREEMENT AND THE FamilyArc SERVICES IN EXCESS OF THE AGGREGATE FEES RECEIVED BY FamilyArc FROM USER IN THE ONE-YEAR PERIOD PRIOR TO SUCH CLAIM BEING MADE.
- Term of FamilyArc Subscription. The term of the FamilyArc Subscription shall continue indefinitely, unless and until terminated pursuant to the terms of this User Agreement.
- Term of Access to Marketplace Product. The term of User’s access to a Marketplace Product that has been purchased for or provided to the User by anAdvisor will be governed by the Advisor Agreement and invitation, as applicable, unless and until terminated pursuant to the terms of this User Agreement. The term of User’s access to a Marketplace Product purchased by the User will be governed by the terms presented at the point of purchase, unless and until terminated pursuant to the terms of this User Agreement.
- Suspension and Termination.
- i. Suspension for Ongoing Harm. FamilyArc may, with reasonably contemporaneous telephonic or electronic notice to the User, suspend access to FamilyArc Services if FamilyArc reasonably concludes that the User, or anyone using FamilyArc Services with the User’s credentials, is using FamilyArc Services to engage in any of the prohibited activity described in this User Agreement or activity that is causing immediate, material and ongoing harm to FamilyArc or others.
- Termination for Cause. In the event of any material breach of this User Agreement by User, FamilyArc may terminate the User’s access to one or more Marketplace Products, and may also terminate User’s FamilyArc Subscription and this User Agreement, by giving five (5) days’ written notice thereof. The right to terminate the User’s access to FamilyArc Services and this User Agreement, except where otherwise expressly stated in this User Agreement, shall not be the exclusive remedy hereunder and shall be in addition to and not in lieu of other relief provided herein, at law and in equity.
iii. Termination by User Request or for Non-Payment. User may terminate a FamilyArc Subscription or any Marketplace Product at any time by submitting a request within the User Account. User’s access to any Marketplace Product may also be terminated for non-payment of the fee for such Marketplace Product. For Marketplace Products, termination by request of the User will be effective at the end of the current billing period, provided that if the termination request is submitted less than 30 days before the end of the current billing period, the termination will be effective at the end of the following billing period.
- Effect of Termination of FamilyArc Subscription. Upon termination of the User’s FamilyArc Subscription or this User Agreement, the User shall have no further rights to continue to access or use the FamilyArc Subscription, the Marketplace Products, and FamilyArc is no longer responsible for disseminating any information or providing any FamilyArc Services or functionality to the User. Upon the termination of User’s FamilyArc Subscription for any reason, all licenses granted hereunder shall automatically terminate, without any further action by FamilyArc , and User shall promptly discontinue all use of the Licensed Materials, remove all references and hyperlinks on its website(s) to the Licensed Materials (if applicable), and otherwise discontinue all use of the Licensed Materials for any purpose whatsoever.
- Effect of Termination of Marketplace Product. Upon termination of any Marketplace Product, the User shall have no further rights to continue to access or use the Marketplace Product, and the license granted to User hereunder with respect to the specific terminated Marketplace Product shall automatically terminate, without any further action by FamilyArc . User shall promptly discontinue all use of the terminated Marketplace Product, remove all references and hyperlinks on its website(s) to the terminated Marketplace Product (if applicable), and otherwise discontinue all use of the terminated Marketplace Product for any purpose whatsoever. The termination of a Marketplace Product shall not affect or terminate the User’s FamilyArc Subscription.
- Logon Credentials. USERS SHALL NOT SHARE LOGON CREDENTIALS OR ATTEMPT TO ACCESS THE PORTAL WITHOUT PROVIDING VALID LOGON CREDENTIALS SPECIFIC TO SUCH INDIVIDUAL. USERS SHALL MAINTAIN THE CONFIDENTIALITY AND SECURITY OF LOGONCREDENTIALS, AND ARE SOLELY RESPONSIBLE FOR ALL USE OR MISUSE OF USER LOGON CREDENTIALS. FamilyArc SHALL NOT BE LIABLE TO ANY USER, OR TO ANY PARTY CLAIMING BY OR THROUGH USER FOR, AND USERS SHALL INDEMNIFY DEFEND, AND HOLD HARMLESS FamilyArc AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY LOSSES RESULTING FROM OR RELATING TO, USER’S FAILURE TO MEET ITS OBLIGATIONS SET FORTH IN THIS PARAGRAPH OR ANY UNAUTHORIZED USE OR DISCLOSURE OF INFORMATION NOT DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF FamilyArc . Any provision of this User Agreement to the contrary notwithstanding, any direction or enforcement by FamilyArc of password parameters or usage described in this paragraph, or any lack thereof, shall not give rise to any liability on the part of FamilyArc , it being the express agreement of the parties that Users shall have sole responsibility for controlling the parameters and usage of passwords by Users.
- Suggestions, Joint Efforts, and Statistical Information. User may suggest, and the parties may discover orcreate jointly, findings, inventions, improvements, discoveries, or ideas that FamilyArc , at its sole option, may incorporate in the Licensed Materials or in other products or services that may or may not be made available to User. Any such finding, invention, improvement, discovery, or idea, whether or not patentable, that is conceived or reduced to practice during the term of this User Agreement, whether by a party alone or by the parties jointly, arising from or related to this User Agreement or the Licensed Materials shall be and remain the sole property of FamilyArc and may be used and be sold, licensed, or otherwise provided by FamilyArc to third parties, or published or otherwise publicly disclosed, in FamilyArc ’s sole discretion without notice, attribution, payment of royalties, or liability to User. User acknowledges and agrees that FamilyArc has and retains exclusive and valid ownership of all statistical information regarding a User’s use of the Application, and metadata in or de-identified versions of User Data, provided that such statistical information, metadata, and de-identified data reasonably cannot be used to identify User, an Advisor, or any Advisor. User hereby assigns to FamilyArc any and all right, title, and interest, including without limitation copyright and patent rights, in and to any such findings, inventions, improvements, discoveries, ideas, statistical information, metadata, and de-identified data. Unless otherwise expressly agreed in writing, User shall not obtain any right, title, or interest in or to anything created or developed by FamilyArc in connection with or incident to this User Agreement other than the license expressly set forth herein.
- Payment. All purchases of FamilyArc Services, other than purchases made by Advisors, shall be paid for at the time of purchase, by credit card or any other method that FamilyArc may enable from time to time through the Portal. Except as otherwise provided in this User Agreement or at the time of purchase, all amounts paid for any FamilyArc Service are non-refundable. The User may update credit card information at any time in the User Account.
- Ownership and Use of Data.
- i. Data Owned by Provider of Data. Except as explicitly provided in the applicable Advisor Agreement, as between FamilyArc , the User, and the Advisor associated with such User’s FamilyArc Subscription, if any, the party that provided data to FamilyArc shall be the owner of the data provided by such party, and FamilyArc shall be the owner of any data provided by any third party that is not a User or the User’s associated Advisor.
- Copyright Policy.
- i. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, and identifying the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
3775 EP True Parkway, 217
West Des Moines, IA 50265
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- Counter-Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Our designated agent to receive Counter-Notices is:
3775 EP True Parkway, 217
West Des Moines, IA 50265
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
iii. Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- Advisor Services.
- Advisor Services. An Advisor who has an active FamilyArc Subscription can view and maintain certain information within the Portal on behalf of the Advisor’s clients. Through the Portal, each Advisor can invite clients to register for a complimentary FamilyArc Subscription. Upon registration, the client, now a Client User, receives a FamilyArc Subscription. The Client User may invite his or her network of authenticators, notifiers, and recipients to register for a complimentary FamilyArc Subscription as well, and if any such person does register for a FamilyArc Subscription, they will be considered a Client User for purposes of this User Agreement. Note that FamilyArc may, at any time, cap or change the number of Client Users that may be associated with an Advisor on the Portal.
- Referral Fees. Advisor, or the Advisor that provided an Advisor’s FamilyArc Subscription, may be eligible for Referral Fees when an associated Client User purchases Marketplace Products. Referral fees are earned only on the Marketplace Products for which the Client User has actually paid. FamilyArc may change the Referral Fee schedule at any time with or without prior notice, by posting a revised Referral Fee schedule. Any such change will apply to Referral Fees for Marketplace Products purchased after the effective date of such change. If applicable, FamilyArc may pay Referral Fees earned by the Advisor to the Advisor associated with the Advisor’s FamilyArc Subscription. FamilyArc has no control over, and bears no responsibility for, the amount of the Referral Fee, if any, the Advisor pays to Advisor. Advisors are not entitled to Referral Fees related to Marketplace Products for which FamilyArc receives payment after the termination of the Advisor’s FamilyArc Subscription.
- Email Communications and Notices. Advisors shall confirm through the User Account the email addresses of the Advisor and associated clients for communication and notice purposes relating to this User Agreement and FamilyArc Services. If the Advisor’s associated clients are located in California, the Advisor covenants that his or her clients have opted in and consented to receive such notices, intending FamilyArc to rely upon such covenant. The Advisor agrees, on his or her own behalf and on behalf of Advisor’s associated clients, to accept emails from FamilyArc at the provided email addresses. FamilyArc may provide notices, statements, and other communications to the Advisor or Advisor’s clients through either email, posting on the Portal (or other electronic transmission) or, for the Advisor, by mail or express delivery service. Advisors expressly direct and authorize FamilyArc to rely and act on all information and instructions provided to FamilyArc by the Advisor via the Advisor’s specified e-mail address or User Account. The Advisor shall promptly communicate to FamilyArc any associated client’s desire to be removed from any e-mail list or other notification contemplated by this Section.
- i. No Representations Regarding Services Other than Those Contained in Marketing Materials. IN NO EVENT SHALL THE ADVISOR MAKE, OR PERMIT ANY OF ADVISOR’S PERSONNEL, PARTNERS, OR AFFILIATES,TO MAKE, ANY STATEMENTS, REPRESENTATIONS, WARRANTIES, COVENANTS OR ASSURANCES WHATSOEVER REGARDING THE FamilyArc SERVICES, THIS AGREEMENT, OR FamilyArc ITSELF OTHER THAN THOSE EXPRESSLY STATED IN THE THEN-CURRENT MARKETING MATERIALS PROVIDED BY FamilyArc .
- No Employment or Agency Relationship. The Advisor is a customer of FamilyArc , and nothing in this User Agreement shall create or be construed to create the relationship of employer and employee, or any agency relationship, between FamilyArc and the Advisor. To the extent that the Advisor receives any payment from FamilyArc resulting from Advisor’s relationship with FamilyArc , the Advisor is an independent contractor of FamilyArc , and shall not be considered an employee or agent of FamilyArc . The Advisor shall, at his or her sole discretion, select the persons to whom Advisor will promote the FamilyArc Services, as well as the time, manner and place of such promotion. This User Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties.