Tomorrow Terms of Service
Last Updated: September 1, 2017
These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”) provided by Tomorrow Ideas, Inc., or any of its subsidiaries and affiliates (collectively, “Tomorrow” or “we”). By clicking to agree to these Terms or by otherwise using the Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 21, do not access or use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services provided by Tomorrow. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.
You are permitted to use the Services to (a) create, prepare and execute estate planning documents such as a will, a trust, powers of attorney, and an advance healthcare directive (collectively, “Estate Planning Documents”), (b) list assets in your trust schedule of assets, if you have opted to create a trust, (c) purchase life insurance policies through the Services (“Insurance Policies”), and (d) consolidate and track your financial information in one place to allow you to make investment, insurance, estate planning and other similar decisions.
- Tomorrow Provides No Financial or Estate Planning, Legal or Tax Advice
- You agree that Tomorrow is not a law firm or an attorney, and may not perform services performed by an attorney or provide legal advice or guidance. No attorney-client relationship or privilege is created between you and Tomorrow. Instead you are representing yourself in any legal matter you undertake, including any legal matter relating in any manner to your use of the Services. Additionally, you agree that Tomorrow is not a financial or estate planner, investment or tax advisor. Neither Tomorrow nor the Services are intended to provide any financial planning, investment, legal, or tax advice, though Tomorrow does sell insurance products as addressed below. The information included on the Services is not an offer to sell any security or product in any state or other jurisdiction.
- You are solely responsible and liable for any and all financial, tax, investment or legal decisions you make or related agreement that you become a party to regardless of whether you use the Services to assist you in making such decisions or entering into such agreement. You waive all claims against Tomorrow for, any loss or damage that may occur because of your financial, tax, investment, legal or other similar decisions and you agree that Tomorrow shall not be liable for any such losses or damages.
- You represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; (d) are not a national or resident of any country to which the United States has embargoed goods or services; (e) have not been identified as a “Specially Designated National” by the Office of Foreign Assets Control; (f) have not been placed on the U.S. Commerce Department’s Denied Persons List; (g) will not use our Services outside the United States and (h) do not and will not have more than one account on the Services.
- If you are using the Services on behalf of an entity, (a) you represent and warrant that you are authorized to bind that entity to these Terms, (b) that entity agrees to be responsible for you and any other user that accesses the Services on its behalf, including for your and their compliance with these Terms, and (c) all references to "you" will refer to you and that entity, jointly.
- User Accounts and Account Security
You will need to register for an account to access some or all of our Services. You agree to provide accurate account information and promptly update this information if it changes. You also agree to maintain the security of your credentials and account and promptly notify us if you discover or suspect that someone has accessed your account without your authorization. Your username and password are personal to you and may not be shared with any third parties. You are responsible for all activities that occur regarding your credentials or otherwise under your account.
- Estate Planning Documents
If you prepare any Estate Planning Documents using the Services, the following terms and conditions apply:
- Any documents provided by Tomorrow or used by Tomorrow in connection with the Services (including any Estate Planning Documents) are not a substitute for the advice or services of an estate and financial planner or an attorney. You authorize us to create your Estate Planning Documents via the Services using the information you provide via the Services. We will create your Estate Planning Documents; however, you agree that you are solely responsible for (a) the information you provide, (b) reviewing the Estate Planning Documents, and (c) ensuring you agree with terms of any Estate Planning Documents before you sign them. You agree that you are also solely responsible for independently determining whether the Estate Planning Documents and filing instructions provided by Tomorrow comply with the laws, regulations and rules of your applicable jurisdiction.
- The requirements for preparing Estate Planning Documents vary depending on local, state and federal laws, regulations, and the court’s interpretation in your jurisdiction. We cannot guarantee that all of the information provided by Tomorrow is completely current or correct. Because of changes in the law, variations between and within jurisdictions, and different interpretations of the law, you should consult with a licensed attorney in your jurisdiction regarding the applicability of the Services or the Estate Planning Documents prepared by Tomorrow to your particular circumstances.
- In the event of your death or incapacitation, to the extent applicable, you authorize us to (a) work and communicate with a person authorized to act on your behalf, or with your verified immediate family member(s) to have your account transition to a “deceased” status and (b) provide access to your will to your designated executor, your trust to your designated trustee, your powers of attorney to your designated attorney-in-fact, and your advance healthcare directive to your designated healthcare agent.
- You also agree to the following legal disclaimer:
- Tomorrow is an online provider of legal “fill in the blank” forms and general legal information. Tomorrow is not a law firm and we do not provide legal advice or represent you in any way.
- By using this app or our legal forms, you are not accessing attorney services or legal advice. Tomorrow's services, including our app, our legal forms, and any legal information we provide, are not a substitute for the advice of an attorney.
- By using this app or our legal forms, you are not establishing an attorney-client relationship with Tomorrow or any of its employees, or with any attorney. Any information you provide us is not protected by attorney-client privilege or as work product.
- In accessing this app, the user assumes responsibility to provide correct and up-to-date information. Inaccuracies in information provided could affect the validity or enforceability of the documents generated by the app. You will read any and all Tomorrow documents that you download and print prior to signing them. You take sole responsibility for the accuracy of your personal information contained in Tomorrow documents that you sign.
- Each person’s legal situation is different and complex situations may require legal advice and representation. It is not possible for the app to identify all situations in which legal representation is recommended, necessary or desirable. We do not review your documents or any information you input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.
- Each user has the obligation to make his or her own determination as to whether to seek the advice of a lawyer. Tomorrow recommends that all users consider reviewing their estate plan and estate planning documents with an attorney.
- Different states have different rules that may affect the enforceability or validity of planning documents, and each state’s laws may change over time. Tomorrow cannot ensure that the documents generated through use of the app will be enforceable or valid in all states or in every instance. Each user assumes the responsibility to seek legal review of their documents and estate plan.
- Guardianship appointments are determined by courts in most states. While a parent's choice of guardian is given deference, there is no guarantee that a parent’s choice of guardian will be upheld by a court. Seek legal advice to determine how best to protect your family.
- Executor appointments are determined by courts in most states. While your choice of Executor is given deference, there is no guarantee that your choice of Executor will be upheld by a court. Seek legal advice to determine how best to choose an appropriate Executor.
- Users should update their documents as their life circumstances change. It is up to users to determine when they need to update their documents. Failure to do so may affect the validity or enforceability of planning documents.
- Certain estate planning documents will not be valid or enforceable unless you follow detailed and specific steps to properly execute the documents. Failure to precisely follow directions may result in invalid or unenforceable planning documents. If you have any questions you should seek the advice of an attorney.
- Will and trust provisions can have financial and tax consequences. The financial and tax provisions will not be ideal for every situation and we do not guarantee that our provisions are appropriate for you. Seek legal advice to determine what specific tax or financial planning is best for you.
- Executors, guardians, trust creators and trustees should consult with an attorney to determine their legal rights and obligations under estate planning documents and local law. In addition, the implementation of, or failure to follow, will and trust provisions can have financial and tax consequences for estates, trusts, executors, trustees, guardians, heirs and beneficiaries. Executors, guardians, trust creators and trustees should consult with an attorney for guidance.
- Purchase & Sale of Insurance Policies If you purchase Insurance Policies using the Services, the following terms and conditions apply:
Tomorrow is a licensed broker of Insurance Policies and we work with certain third party partners, including insurance carriers, underwriters and reinsurers in connection with the Insurance Policies (“Partners”). You authorize us to (a) provide you insurance quotes based on information you provide to us about yourself, which information you expressly authorize us to share with insurance partners, including protected health information and other personally identifiable information in compliance with applicable law (b) submit your application for the Insurance Policies you choose to purchase, (c) process such application, (d) work with and communicate with our Partners to the extent necessary to permit you to purchase such Insurance Policies, (e) pay any insurance premiums for the Insurance Policies obtained through the Services, and (f) receive any compensation that any Partner agrees to pay Tomorrow in connection with the provision of the Services. If applicable, we will only share such compensation with other duly licensed persons. Additionally, you designate us as your agent or broker of record in connection with all Insurance Policies you purchase and authorize us to communicate such designation to our Partners or anyone else who we believe needs such information. Any insurance-related material described on or provided through the Services is provided for informational purposes only and you should refer to the actual insurance policy for complete details of coverage of a particular insurance policy. The Insurance Policies described on the Services may not be available in all states or other jurisdictions and may have restrictions, limitations and terms regarding coverage. A policy’s approval is not guaranteed and is subject to underwriting factors such as your personal health history and the specific underwriting guidelines of the Partner issuing the policy.
Any recommendations we provide to you in connection with Insurance Policies are based on information you provide to us, are provided for your personal information and education only and are not a substitute for professional advice. Further, the amount of insurance coverage you need may differ from what we recommend depending on information we did not request of you. You have the sole obligation to determine what Insurance Policies to purchase and whether to accept these recommendations.
- User to User Communication and Sharing
The Services may permit you and Tomorrow to communicate with any person or entity you add to the Services or authorize to have access to your Estate Planning Documents or Insurance Policies (each, a “Contact”). For example, if you designate a Contact as the trustee of your trust, the Services may automatically send that Contact a message notifying them of your designation and asking them whether they choose to accept such role. You may also share your Estate Planning Documents with your Contacts through the Services (e.g. you may share your will with your designated beneficiaries or your attorney). You are solely responsible for any communications and interactions that you make or that you authorize us to make with your Contacts.
- Third Party Services and Products
The Services may contain links to third party websites and materials and we may make recommendations or send you offers for certain third party services, products and materials that we think may be interesting to you based on information provided by you (e.g. we may recommend insurance policies for you based on your specified preferences). However, these links, recommendations and offers are provided as a convenience and we are not liable for any websites, products, services, materials or information made available by any third party. If you choose to purchase any third party products or services, you are solely responsible for your purchasing decisions and if you choose to visit any third party websites, you may be subject to additional or different terms and conditions and privacy policies.
You may sync third party accounts with the Services in order to permit Tomorrow to retrieve your information that is maintained online by such third parties (“Account Information”). By using the Services, you authorize Tomorrow to access your Account Information, on your behalf as your agent, and you authorize such third parties to disclose your information to us. When you provide Account Information through the Services, you will be directly connected to the website for the third party you have identified. Tomorrow will submit information including usernames and passwords that you provide to log into the Services. You hereby authorize and permit Tomorrow to use information submitted by you to accomplish the foregoing and to configure the Services so that they are compatible with the third party sites for which you submit your information. Solely to provide the Account Information to you as part of the Services, you grant Tomorrow a limited power of attorney, and appoint Tomorrow as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when Tomorrow is accessing and retrieving Account Information from third party sites, Tomorrow is acting as your agent, and not as the agent of or on behalf of the third party that operates the third party site. You understand and agree that any third party accounts and sites are not provided by Tomorrow and Tomorrow is not responsible for any Services-related issues arising from or in connection with such third party accounts or your Account Information. You agree to keep your Account Information up to date and accurate.
- User Content
- In order to use certain aspects of the Services, the Services may allow you to provide, create, post, store, submit, upload, and share (a) certain personal information about yourself and your Contacts, including yours and their names, birthdates, state of residency, role (e.g. beneficiary, trustee, etc.), financial and estate planning information, information you provide to us about your health or life status, such as health conditions or treatments, whether you are tobacco user, whether you have ever been pregnant, etc., and other details about yourself and your Contacts, (b) Account Information, and (c) other information, material, content, profiles, documents, lists, messages, and photos. The content described in clauses (a), (b) and (c) of the previous sentence are collectively, "User Content". As between you and Tomorrow, you retain all rights in and to your User Content, subject to the license grant below.
- You grant Tomorrow and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name or username provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you, but solely as necessary for Tomorrow to provide the Services to you. When you post, upload, submit or otherwise share User Content on or through our Services, you understand that your User Content may be displayed publicly and shared, including with your Contacts and any other person or entity who you designate via the Services.
- You represent and warrant that you have the rights to provide us the User Content and that we have the rights to use such User Content as described in these Terms. You agree not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
- Prohibited Conduct and Content
- You agree not to violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. Without limiting the foregoing, you agree not to:
- engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- use or attempt to use another user’s account without authorization from that user and Tomorrow;
- use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- develop or use any third-party applications that interact with our Services without our prior written consent;
- use any data mining, robots or similar data gathering or extraction methods; or
- use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- You agree that you will only post or otherwise share User Content that is non-confidential and that you have all necessary rights to disclose. You agree not to create, post, store or share any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- impersonates, or misrepresents your affiliation with, any person or entity;
- contains any unsolicited promotions, political campaigning, advertising or solicitations;
- contains any private or personal information of a third party without such third party’s consent;
- contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Tomorrow or others to any harm or liability of any type.
- Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Tomorrow Content”) are owned by or licensed to Tomorrow and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Tomorrow and our licensors reserve all rights in and to our Services and the Tomorrow Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Tomorrow Content for your own personal use; however, such license is subject to these Terms and your compliance with these Terms, and does not include any right to (a) sell, resell or commercially use or otherwise exploit our Services or Tomorrow Content; (b) copy, reproduce, distribute, publicly perform or publicly display Tomorrow Content, except as expressly permitted by us or our licensors; (c) modify the Tomorrow Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Tomorrow Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Tomorrow Content other than for their intended purposes as described in these Terms. Any use of our Services or Tomorrow Content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will automatically terminate the license granted in these Terms.
Any questions, comments, suggestions, testimonials, ideas, original or creative materials or other information you submit about Tomorrow or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Tomorrow. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Tomorrow through the contact information provided below:
Tomorrow Ideas, Inc.
701 Pike St, Suite 1050
Seattle, WA 98101
E-Mail Address: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Tomorrow for certain costs and damages.
By creating a Tomorrow account, you consent to receive communications from Tomorrow (e.g., via telephone, email, and other electronic communications, or by posting notices to the website). These communications may include notices about your account (e.g., password changes and other transactional information), as well as communications provided as part of the Services or for marketing purposes, and are part of your relationship with us. You consent to being provided with any notices, disclosures, information, and other materials in electronic form (collectively "Electronic Records"), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act ("E-Sign"). Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Tomorrow may be required to provide to you. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You further understand that checking a box, clicking “accept” (or similar word) on our website, or responding via telephone keypress constitutes your signature. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us at (http://support.tomorrow.me/) In order for you to access and retain Electronic Records sent by Tomorrow, you must have the following hardware and software: a computer capable of reading html and text files, a modem or other means of accessing the Internet, and a browser capable of accessing and displaying the Tomorrow website. To print the Electronic Records, you will also need a printer. You may withdraw your consent by contacting us at (http://support.tomorrow.me/). However, the services provided by Tomorrow are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent may result in your account being closed.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Tomorrow, each of our subsidiaries and affiliates, or our licensors and Partners and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Tomorrow Parties”) from and against any loss, liability, claim, demand, damages, fines and any related expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with our Services; or (f) any violation by you of any federal, state, or local laws, statutes, rules, or regulations. You agree to promptly notify the Tomorrow Parties of any third party Claims, cooperate with the Tomorrow Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees, costs and expenses). You also agree that the Tomorrow Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Tomorrow or the other Tomorrow Parties.
- We do not control, endorse or take responsibility for any User Content, third-party content available on or linked to our Services or products or services offered by a third party that are advertised through the Services (including any Insurance Policies).
- Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Tomorrow does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Tomorrow attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. Additionally, you acknowledge that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.
- Limitation of Liability
- To the maximum extent permitted by applicable law, Tomorrow and the other Tomorrow Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Tomorrow or the other Tomorrow Parties have been advised of the possibility of such damages.
- The total liability of Tomorrow and the other Tomorrow Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of the amount paid, if any, by you to access or use our Services, or, if you have not paid any amounts for the use of any Services, the amount of $100.
- The limitations set forth in this Section (a) will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail of their essential purpose, and regardless of the form or cause of action or the alleged basis of the claim, and (b) will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Tomorrow or the other Tomorrow Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Tomorrow and the other Tomorrow Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
- Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Tomorrow and limits the manner in which you can seek relief from us.
- Except for small claims disputes in which you or Tomorrow seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Tomorrow seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Tomorrow waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Seattle, Washington in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- You and Tomorrow agree that any dispute arising out of or related to these Terms or our Services is personal to you and Tomorrow and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- You and Tomorrow agree that these Terms affect interstate commerce and that the enforceability of this Section 21 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Tomorrow agree that for any arbitration you initiate, you will pay the filing fee and Tomorrow will pay the remaining JAMS fees and costs. For any arbitration initiated by Tomorrow, Tomorrow will pay all JAMS fees and costs. You and Tomorrow agree that the state or federal courts of the State of Washington and the United States sitting in Seattle, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Tomorrow will not have the right to assert the claim.
- You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 21 by emailing email@example.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 22.
- Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Washington, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in Seattle, Washington.
We may make changes to these Terms from time to time. If we make changes, we will provide you notice by posting the amended Terms to our Services and updating the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or by providing notice through our Services. Unless we say otherwise in our notice of changes, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services at any time. Without limiting the foregoing, we may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The Services are only intended for use by persons located in the United States. If you choose to access the Services from outside the United States, you do so at your own risk and you are responsible for compliance with all local laws. Additionally, all or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services.
If you downloaded the Services from the Mac App Store, the following terms also apply to you:
- Acknowledgement: You acknowledge that this Agreement is between you and Tomorrow only, and not with Apple, and Tomorrow, not Apple, is solely responsible for the Services and the content thereof.
- Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on a Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
- Maintenance and Support: Tomorrow and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
- Warranty: Tomorrow is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Tomorrow’s sole responsibility.
- Product Claims: Tomorrow, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Tomorrow, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Contact Info: Direct any questions, complaints or claims by mail to: Tomorrow Ideas, Inc., 701 Pike Street, Suite 1050, Seattle, WA 98101, or by email: firstname.lastname@example.org
- Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Services.
- Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
These Terms constitute the entire agreement between you and Tomorrow relating to your access to and use of our Services. The failure of Tomorrow to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.