Effective Date: August 1, 2015
Welcome to your Vest! Our Company is Life Transition Gear, Inc. We offer several applications using our cloud-based tools. At present, we have 1 application online: SpecialVest. Soon we will be launching 2 additional apps: VestElder and VestFamily. We will refer to all of these as our “Vest Applications.”
When you use a Vest Application, you are agreeing to be bound by these Terms of Service with Life Transition Gear, Inc.
Please note that your use of any of our Vest Applications and Services is subject to your review and agreement with the following Terms of Service. Please review these Terms carefully.
Before you can use any of the Vest Application and Services, you must first accept these Terms. You can accept these Terms by checking the box next to "I agree to the Terms of Service" or similar language. You should also print or save a local copy of these Terms of Service for your records.
“Life Transition Gear, Inc." is our Company that owns and operates the Vest Applications and Services. Life Transition Gear, Inc. is Delaware Corporation, with offices in California.
“LTG, Inc.” means Life Transition Gear, Inc.
For purposes of this Terms of Service Agreement, Life Transition Gear and LTG, Inc., may also be referred to as "us" or “we."
The "Vest Application and Services" are the Vest Application and related Services used to create a Vest for a Vested Person: SpecialVest, VestElder, and VestFamily.
A "Vest" is a cloud-based Application and collection of Services that will allow a Vest User to create a “Vest” to hold personal information for an individual.
A "Vest User" is the person who uses a Vest Application and Services to create a Vest. For purposes of this Terms of Service Agreement, a Vest User may also be referred to as "You."
“SpecialVest” is an application that is specifically designed to create a Vest for a person with intellectual and/or developmental disabilities.
“VestEdler” is an application that is specifically designed to create a Vest for a elder person.
“VestFamily” is an application that is specifically designed to create a Vest for you and your family members.
The "Vested Person" is the individual for whom a Vest is created. If you created a Vest for yourself or one or more of your family members or another person, then each person with a Vest is referred to as a “Vested Person.”
The “Vest Family” is the persons for whom you creating Vests.
A "Vest" holds information regarding the Vested Person.
“Vest Content” is the information and files that you inout into our attach to your Vest.
A "Subsequent Vest User" is someone who will step in to operate and maintain the Vest should the original Vest User become incapacitated or die.
In order to use the Vest Application, you will create an account by providing us with a username and email address, and creating a password. We refer to this as your User "Account Information." You are responsible for maintaining your Account Information. You need to take precautions to ensure that your Account Information remains confidential. You will be responsible for all activities that occur under your User Account. If you provided someone else with access to your User Account Information, then you will be responsible for all activities by that person under your Account. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your Vest information and Content, you should immediately change your password and notify our Customer Support team.
Because you will be creating a Vest for the Vested Person, we rely upon your rights and authority to access personal information regarding that individual. By establishing a Vest User Account and then using the Vest Application to create a Vest for the Vested Person, you are representing to LTG, Inc. and confirming that you are 18 years of age or older and that you have the unfettered legal rights and authority to submit information and Content regarding the Vested Person to his or her Vest, and to share that information and Content in your use of the Vest Application with other persons as may be directed by you through the Vest Application features. You also represent to us that, by submitting the information and Content to Vest and granting LTG, Inc. the rights described in these Terms, you are not infringing the rights of any person or third party.
Once your Vest User Account is established, LTG, Inc. gives you a worldwide, non-assignable and non-exclusive license to use the Vest Application for your personal, non-commercial use on the terms and conditions described in these Terms, for so long as you are not barred from using the Application under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms.
You do not obtain any other right or interest in the Vest Applications or Service.
In order to use the Vest Application and Services you will be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to Vest will be accurate, correct, and current. You will notify Vest immediately of any changes to any of the foregoing information. You are responsible for updating your e-mail address, so that if you use any of the account management features of the Vest Application, such as online bill notices and payment, we can send you notices relating to such features, such as notice that your online bill has posted. If your e-mail address is not current, you will not receive online bill postings; however, your payment due date will remain unchanged.
You are responsible for safeguarding the confidentiality of your Vest User account and its password. In addition you are responsible for controlling access to any PCs, mobile devices, or other devices that you allow to store your password, or on which you enable a "Remember Me" or similar functionality. You agree that you will be solely responsible for all activities that occur under your Vest and User Account account, including the activities of any individual with whom you share your Vest, and will be responsible for any breach of these Terms caused by these activities, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your Vest or Vest User account. To protect your privacy, we recommend logging out of the Vest Application after each visit, when you are using a public or shared PC, mobile device, or other web-connected device. You acknowledge that if you wish to protect your transmission of account information or data or files to Vest, it is your responsibility to use a secure encrypted connection to communicate with Vest. You are responsible for safeguarding the password that you use to access the Vest Application and Services and you agree not to disclose your password to any third party.
You can choose to make the make a Vest available to another person when you, as the original Vest User, are no longer available to maintain the Vest. For example, should you become incapacitated or die, then the Vest established for the Vested Person may be transferred to another person, who is referred to in these Terms as a "Subsequent Vest User." In turn, that person may need to one day again transfer the Vest to another Subsequent Vest User.
If you wish to enable someone to have access to your Vest Content or Account Information after you are no longer able to provide them access, you need to implement a process for providing your Vest User Account Information to them. We will not provide your Account Information, or your Vest Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Vest User Account Information, with instructions on how to access your Vest and Vest Content, in your Will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.
These Terms do not grant you any right, title, or interest in the Vest Application and Services. The Vest Application and other technology we use to provide the Vest Application and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the our trademarks, logos, domain names, or other brand features.
While we welcome your feedback and suggestions on how to improve the Vest Application, please understand that any communications you send to us are not considered confidential and become the sole property of LTG, Inc. We may, in our sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All of these uses by LTG, Inc. shall be without liability or obligation of any kind to you.
By using our Vest Application and Services you will provide us with information and files that you submit to Vest (together, "Vest Content"). You retain full ownership to Vest Content. We don’t claim any ownership to any of it. These Terms do not grant us any rights to Vest Content or intellectual property except for the limited rights that are needed to run the Vest Application and Services, as explained below.
In order to make the Vest Application work, we need your permission to do things with Vest Content. You hereby grant LTG, Inc. a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers) and reproduce such Content to enable us to operate the Vest Application and Services. You herby give us the permissions we need to do these things solely to provide the Vest Application and Services. This also includes design choices we make to technically administer our Vest Applications, for example, how we redundantly backup data to keep it safe. This permission also extends to trusted third parties we work with to provide the Vest Application and Services, for example RackSpace (or similar company), which provides our storage space (again, only to provide the Vest Application and Services).
You agree that these rights and licenses are royalty free, irrevocable and worldwide (for so long as your Vest Content is stored with us), and include a right for LTG, Inc. to make such Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Vest Application, solely for the purpose of providing such Vest Application and Services, and to otherwise permit access to or disclose your Vest Content to third parties if we determine such access is necessary to comply with our legal obligations.
You are solely responsible for your conduct, the content of your Vest, files, and your communications with others while using the Vest Application and Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
You acknowledge that LTG, Inc. has no obligation to monitor any information on the Vest Application and Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of content, files, user communications, or any other information you may be able to access using the Vest Application.
You also agree that LTG, Inc. has the right to elect not to accept, post, store, display, publish or transmit any Vest Content in our sole discretion.
The Vest Application includes features that allow you to share Vest Content with others. The Vest Content will contain personal information about the Vested Person. There are many things that users may do with that Vest Content (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share. LTG, Inc. has no responsibility for that activity.
To the extent that you actually share your Vest information and Content regarding the Vested Person with others, you represent and warrant to LTG, Inc. that you have the unfettered legal rights and authority to share that information and Content with those other persons.
Files and other content in the Vest Application and Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not us, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Vest Application and Services. You must not upload spyware or any other malicious software to the Vest Application Service.
You, and not us, are responsible for maintaining and protecting all of of your Vest Content. LTG, Inc. will not be liable for any loss or corruption of your Vest Content, or for any costs or expenses associated with backing up or restoring any of your Vest Content.
If your contact information, or other information related to your Vest User Account, changes, you must notify us promptly and keep your information current.
Though we want to provide a great Application, there are certain things about the Vest Application and services we cannot promise. For example, THE VEST APPLICATION IS PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LTG, Inc. will have no responsibility for any harm to your computer system, loss or corruption of data, content, or files, or other harm that results from your access to or use of the Vest Application. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIFE TRANSITION GEAR, INC., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT LTG, INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE VEST APPLICATION AND SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO LTG, INC. FOR THE PAST THREE MONTHS OF YOUR USE OF THE VEST APPLICATION IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Vest Application and Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Vest Application.
THESE TERMS AND THE USE OF THE VEST APPLICATION WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE VEST APPLICATION MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SACRAMENTO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Life Transition Gear, Inc. with respect to the Vest Application, and supersede and replace any other agreements, terms and conditions applicable to the Vest Application. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of this Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Life Transition Gear, Inc. may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with Life Transition Gear, Inc. Life Transition Gear, Inc. and you are not legal partners or agents.