Terms of Service
February 8, 2017
Welcome to Mylennium. The following Terms of Service ("Terms") cover your use and access to the products, services, software, platform and websites (taken together, "services") provided by Mylennium and owned and operated by Eclectic Electric, Inc. ("Mylennium"), "we", "us", or "our"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Mylennium’s Privacy Policy) and procedures that may be published from time to time by Mylennium (collectively, the “Agreement”).
Please read the Agreement carefully. By accessing or using any part of our Services, you agree to be bound by these Terms of Service as well as our Privacy Policy. If you do not agree to all the terms of the Agreement, then you may not access or use any of our services.
Our Services are not directed to minors, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
1. ABOUT OUR SERVICES
Our Services provide products and services to help evaluate your digital footprint, document your digital assets, and create legal documents that direct online service providers how you want your digital assets handled upon your death or incapacity. The Site includes information on commonly encountered legal issues related to digital assets, online services, and estate planning.
Mylennium Services may include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. We never review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Mylennium is not a law firm and may not perform services performed by an attorney. Mylennium, its Services, and its prepared forms and documents are not a substitute for the advice or services of an attorney.
Mylennium strives to keep its legal documents accurate, current and up-to-date. However, because the law can change rapidly, Mylennium cannot guarantee that all of the information on the Site is completely current. The law differs from state to state, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Mylennium provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
2. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
To access some of the Services on the Site, you must first create an account and provide your email address, a username, a password, and your first and last name (“Account Information”). You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Account Information.
3. USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
4. PAYMENTS
When you elect to purchase Services from us and enter a form of payment, you agree that:
Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes or delivery charges described as being applicable to the Services you are buying. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis.
5. LIMITED PERMISSION TO DOWNLOAD
Mylennium hereby grants you permission to download, view, copy and print materials, including but not limited to information, articles, documents, forms, logos, graphics, and images (“Materials”) solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or shared in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms. On any such termination, you agree to immediately destroy any downloaded or printed Materials. 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.
6. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
7. COPYRIGHT INFRINGEMENT AND DMCA
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on our website infringes upon your copyrights, you may file a DMCA Notice of alleged infringement with Mylennium’s Designated Copyright Agent:
8. LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Services, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties. These links are provided as a courtesy to visitors and Services subscribers. Mylennium does not sponsor and is not legally associated with any Third Party Sites.
If you decide to leave the Site and access the Third Party Sites or to use or install any applications, software or content found on their site, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. If you use any service provided on Third Party Sites, Mylennium will not be responsible for any act or omission of the third party, including the third party’s access or use of your customer data. Mylennium does not warrant or support any service provided by a third party.
9. INTELLECTUAL PROPERTY
This Agreement does not transfer from Mylennium to you any Mylennium or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Mylennium. Mylennium, the Mylennium logo, and all other trademarks, service marks, graphics and logos used in connection with Mylennium or our Services, are trademarks or registered trademarks of Mylennium or Mylennium’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Mylennium or third-party trademarks. Except as otherwise expressly provided by Mylennium, none of the articles, documents, information, or forms provided on the Site or through our Services 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 Mylennium's intellectual property rights, whether by estoppel, implication or otherwise.
All contents of Services are Copyright © 2015-2017Mylennium. All Rights Reserved.
10. OWNERSHIP AND PRESERVATION OF YOUR DOCUMENTS
You own the documents you create, edit and store using our Services ("Documents"). You grant Mylennium permission to use your Documents for the purpose of providing Services to you.
You acknowledge and agree that Mylennium may store these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following:
You understand that the technical processing and transmission of the Services, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Mylennium has no responsibility or liability for deleting or failing to store any content maintained or stored by the Services.
11. EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Services e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
12. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to support@mylennium.com or mail to the contact address located at the end of this agreement.
Opting out may prevent you from receiving messages regarding the Company or special offers.
13. MYLENNIUM IS NOT A LICENSED PROFESSIONAL
MYLENNIUM IS NOT A LICENSED LAW FIRM, ESTATE PLANNING FIRM, OR FINANCIAL ADVISORY FIRM, AND THE EMPLOYEES OF MYLENNIUM ARE NOT ACTING AS YOUR ATTORNEYS, ESTATE PLANNERS, OR FINANCIAL ADVISORS. THE SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY, ESTATE PLANNER, OR FINANCIAL ADVISOR. MYLENNIUM CANNOT AND DOES NOT PROVIDE LEGAL OR FINANCIAL ADVICE. MYLENNIUM IS NOT PERMITTED TO ENGAGE IN THE PRACTICE OF LAW, ESTATE PLANNING, OR FINANCIAL ADVISING. MYLENNIUM IS PROHIBITED FROM PROVIDING ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION TO YOU ABOUT (A) LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES; OR (B) ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE FINANCIAL INVESTMENTS OR STRATEGIES.
No protected or fiduciary relationship, including without limitation that of attorney-client, is or will be created with Mylennium by virtue of your use of the Services. Accordingly, while communications between you and Mylennium are protected by our Privacy Policy, they are not protected by attorney-client privilege, or the work product doctrine. Again, Mylennium makes no guarantees, representations or warranties, whether express or implied, with respect to any information or materials presented on or through the Services; and will not be liable to you under any circumstances for any decision made or action taken by you in reliance on any such Content.
The information or materials that you obtain or receive from Mylennium, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on or through the Services is for informational purposes only. At no time does Mylennium review the information you provide us for legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your particular situation. Neither Mylennium nor the Services are intended to provide personalized financial or tax advice, and you hereby agree that any information provided to or accessed by you from time to time on or through the Services is not developed or provided by Mylennium as investment advice and will not be used or treated by you as investment advice.
14. WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
MYLENNIUM’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO MYLENNIUM FOR THE 12 MONTHS PRIOR TO THE CAUSE OF ACTION.
15. INDEMNIFICATION AND RELEASE
You shall defend, indemnify and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from Your Information, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
16. MODIFICATION OF TERMS OF SERVICE
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. The most current version will always be available on our Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Service. We will notify you of material chances to the terms by posting a notice on your account page, our homepage, our blog, and/or sending an email to your registered email address.
17. GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Service shall be governed by and construed in accordance with the laws of the state of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Los Angeles County, California.
The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY AT https://mylennium.com/privacy-policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Contact Information:
Portions of this Terms of Service Agreement have been repurposed from the WordPress.com Terms of Service Agreement available under the Creative Commons Sharealike license.
