Terms of Service

Last updated: March 28, 2021

These Terms of Service (together with HereToday Privacy Policy https://www.heretoday.com/privacy-policy and DMCA Copyright Policy https://www.heretoday.com/dmca-notice, the “Terms”, “Terms of Service”, “Agreement”, or “Service Agreement”) govern your relationship with HereToday (the “Service”) and your access and use of www.heretoday.com (the “Site”), and all products, services, mobile websites, and native mobile applications (collectively and together with the Site, the “Services”) that are owned and operated by HereToday Inc. (“HereToday,” “we,” “us,” or “our”).

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the terms and conditions of this Agreement, in whole or in part, please do not use the Service.

Description of Service

The “Service” means (a) HereToday password managing, secure document storing, administrative and related systems and technologies, as well as the website https://www.heretoday.com (the “Site”), and (b) all software (including the Software, as defined below), applications, data, text, images, and other content made available by or on behalf of HereToday. Any modifications to the Service are also subject to these Terms. HereToday reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the Service will remain with and belong exclusively to HereToday.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a regular basis, typically monthly or yearly.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or HereToday Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting HereToday Inc. customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. The Service utilizes third-party payment processor, Stripe https://stripe.com/us/terms. The processing of payments will be subject to the terms, conditions and privacy policies of Stripe in addition to these Terms. We are not responsible for Stripe’s error. By choosing to use the Service, you agree to pay us, through Stripe, all charges at the prices then in effect for use of such Services and you authorize us to have your credit card charged by Stripe. The terms of your payment may be determined by agreements between you and your credit card company. If we, through Stripe, do not receive payment from you, you agree to pay any amounts due upon demand.

You shall provide HereToday Inc. or its third-party payment processor, with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize HereToday Inc. to charge all Subscription fees incurred through your account to any such payment instruments. All amounts paid are non-refundable. You further agree to be responsible for all taxes associated with the Service, along with any transaction fees and currency conversions added by your financial institution and intermediaries. All amounts are in US Dollars.

Free Trial

HereToday Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by HereToday Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, HereToday Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

HereToday Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

HereToday Inc. will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

All amounts paid are non-refundable.

Accounts

When you create a Service account, you must provide HereToday with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third-party, excluding a Collaborator or Professional Advisor (“Collaborator”), as defined below in Your Data, Basic Information. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Compliance with Laws 

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether the Service is suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, PCI, or other laws. If you are subject to regulations (like HIPAA) and you use our Service, then we will not be liable if our Service does not meet those requirements.

In the event that you have designated a Collaborator to access your accounts and documents, you agree that you will comply with any relevant digital asset laws, which may include expressly giving access permission in your will, trust, or power of attorney. You also expressly agree that HereToday is not liable for any breach of terms of service for any other website relating to access of that website by your Collaborator.

If you are located in the European Economic Area (EEA) or send Messages to anyone in the EEA, you represent and warrant that you:

  1. Will clearly describe in writing how you plan to use any data collected. You will get express consent to transfer data to the Service as part of this process, and you will otherwise comply with whatever privacy policy you have posted.
  2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws applicable to the countries where you are sending any messages from the Service.
  3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have permission to allow the Service to receive and process data and send communications to that individual on your behalf.
  4. Agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
  5. US Export Controls. The software that supports the Service is subject to United States export controls and follows all guidelines of the ECR Initiative. No parts of the Service may be downloaded or otherwise exported or re-exported in violation of United States export laws.

Your Data

You are solely responsible for all Content (as defined below) that you add, create, upload, submit, distribute or post to the Service (collectively and together with Basic Information, Secure Information, Funeral Information, Advisor Services Information, Public Information and Aggregate Information (each as explained below), “Your Data”), and you represent that all of Your Data provided or generated by you is accurate, complete, current and in compliance with all Laws.

You promise that you have all rights to grant such licenses to us without infringement or violation of any third-party rights. If you are a financial advisor accessing the Services on behalf of your customer or another entity, you represent and warrant that you have the authority to (i) add, create, upload, submit, distribute or post any and all Content to the Services on such customer or entity’s behalf and (ii) bind such customer or entity to the licenses set forth in this agreement.

Basic Information. “Basic Information” means the first and last name, email address, gender, zip code, date of birth, and the date and time of associated with the Account creation and (if applicable) deletion of you or any Collaborator on your account, including the executor or Life Guards on your account (each a “Collaborator”). By submitting Basic Information through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use reproduce, store, and display the Basic Information, including after termination of your Account or the Services, as necessary (1) to operate, provide, and improve the Site, the Services and our (and our successors’ and assigns’) businesses; (2) to send you and your Collaborators marketing and promotional materials with you and your Collaborators’ consent; (3) to contact your Collaborators on your behalf, and (4) for audit purposes (for example, when you delete your Account we will store the Basic Information to address certain inquiries you may have surrounding your Account)

Secure Information. “Secure Information” means your private, sensitive, personal information that you privately submit through the Services, including your health and medical information (including but not limited to a medical directive), financial information, digital assets, and legal information (including but not limited to a will, power of attorney). Some health related information may be considered “Protected Health Information” or “PHI,” as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Prior to adding digital assets and applicable account information to the Service, please review the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) and ensure you comply with and clearly outline any applicable permissions per the RUFADAA guidelines. The Service is not responsible for nor does it provide you with protections per RUFADAA. It is incumbent upon you to ensure you have consulted an attorney and drafted clear instructions and intent regarding RUFADAA and your digital assets. DO NOT upload any digital assets, documents, or material, including but not limited to, links to such assets, usernames, passwords, or other ways of accessing these assets to the Service if you have not clearly granted permission to your executor, fiduciary, attorneys-in-fact, or others to access these assets. Please seek professional legal guidance in all Secured Information submitted to the Service.

By submitting Secure Information through the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce and display your Secure Information solely as reasonably necessary to operate the Services solely on your behalf, and subject to these Terms and our Privacy Policy located at https://www.heretoday.com/privacy-policy.

You (and your Collaborators, if applicable) always retain ownership of your Secure Information. We take the privacy and security of your Secure Information very seriously and have built in privacy and security measures into our technology and our business practices. Only you — or a Collaborator (if applicable) — can give permission to share any of your Secure Information with the executor. Since your Secure Information and all files are encrypted, in the course of our standard daily business operations we can only see the types of Secure Information users submit through the Services on a categorical basis, but not the content or details of such Secure Information. The only time we may have access to or disclose the content or details of your Secure Information is when you or a Collaborator (if applicable) has given the requisite permission to share such Secure Information with an executor as further described herein, when we are required to by Law, or in other rare circumstances as described in our Privacy Policy https://www.heretoday.com/privacy-policy.

We will store your Secure Information and share it only with your executor or your Collaborator when you choose or as required by Law. While we can see which portions of the account you have filled out with your Secure Information, we do not in the course of normal operations see what your Secure Information actually says. We work hard to keep your Secure Information private and protected. It is important that you read our Privacy Policy https://www.heretoday.com/privacy-policy.

Funeral Information. “Funeral Information” means the information you post, upload or otherwise submit through the Services when using the Funeral feature that you would like to be used to inform people of the particulars of the funeral. By submitting Funeral Information through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, store, display, perform, and transmit the Funeral Information in accordance with your instructions, including after termination of your Account or the Services. You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your Funeral Information through the Services, and to use, edit, reproduce, distribute, prepare derivative works of, display and perform such Funeral Information, including after termination of your Account or the Services. We do not guarantee the privacy or confidentiality of any Funeral Information, so please do not publicly post or submit any Content on a Funeral page that you do not want to be publicly accessible or viewable. You hereby acknowledge that any Funeral Information you submit through the Services may be indexed by a search engine operator (like Google) and found in search results.

Use Information. If you are working with (a) a financial advisor or (b) an employer, benefits administrator, insurance company or any third-party institution (this subsection (b) collectively, a “Partner Provider”) to provide you (and, if applicable, a Collaborator) access to the Services (as defined below), your financial advisor or Partner Provider (as applicable) may be able to see certain high-level information about your use of and access to the Services, which may include the type of account you signed up for, the date and time of your last login to the Services, your total number of logins to the Services, and which sections of your account you completed (collectively, the “Use Information”).

By accepting a financial advisor’s or Partner Provider’s invitation to sign up for the Service, (an “Invitation”), you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, store, aggregate, reproduce, transmit and display Use Information, internally or to your financial advisor or Partner Provider (if applicable), solely as necessary to operate, provide and improve the Site, the Service and our (and our successors’ and assigns’) businesses, including after termination of your Account or the Services. You also hereby do and shall grant your financial advisor or Partner Provider, as applicable, a non-exclusive, perpetual license to access your Use Information through the Services, and to use, prepare derivative works of, and display such Use Information, including after termination of your Account or the Services. To be clear, Use Information may be personally identifiable and may be tied back to you (and, if applicable, your Collaborator), your Account and/or your web browser.

In other words, if you receive a HereToday account invitation from a financial advisor or a Partner Provider, we may surface information on your use of the services back to that advisor or Partner Provider (as applicable), but never the contents of your account or your Secure Information unless you have designated them as a Collaborator for the particular Secure Information you have chosen to share.

Public Information. “Public Information” means any Content you add, create, upload, submit, distribute or post to public portions of the Services, such as comments on any articles. By publicly posting Public Information to the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, store, display, perform, transmit, and otherwise fully exploit the Public Information in connection with the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting or redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and feeds), and including after termination of your Account or the Services. You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your Public Information through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Public Information, including after your termination of your Account or the Services. Please do not publicly post or submit any Content that you do not want publicly accessible or viewable.

Aggregate Information. “Aggregate Information” means statistical information about how you use the Services as well as your demographic information. By submitting or generating Aggregate Information through your use of the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, store, display, perform, transmit and otherwise fully exploit the Aggregate Information in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting or marketing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and feeds), and including after termination of your Account or the Services. To be clear, Aggregate Information is not personally identifiable and cannot be tied back to you, your Account or your web browser.

The security, privacy, and confidentiality of your Secure Information are of utmost and critical importance to us. When we collect, maintain, access, use, or disclose your Personal Information, including without limitation your Secured Information, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws. Accordingly, we use industry standard (or better) administrative, physical, and technical protections to safeguard the security, privacy, confidentiality, and integrity of your Secure Information. Except as permitted under this Agreement, we do not share Secure Information with third parties without your express permission. Nevertheless, no security measure or safeguard is 100% effective, and HereToday cannot guarantee absolute security of any of Your Information, including without limitation your Secure Information. HERETODAY SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION, INCLUDING WITHOUT LIMITATION SECURE INFORMATION.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of HereToday Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of HereToday Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

User-Generated Content

“Your Data” means any data and content which you upload, store, retrieve, or otherwise make available through the Service. You retain all of the rights to Your Data. You agree to grant HereToday Inc. a license to store, retrieve, backup, restore, and otherwise copy Your Data so that we may provide you with the Service.

Links To Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by HereToday Inc.

HereToday Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that HereToday Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Operational Emails

The Service may send operational emails including but not limited to: billing emails, account activity emails, and service updates. These are required to provide the Service.

Executor

The Service requires you to designate an executor (“Executor”). An Executor is a legal term referring to a person named by the maker of a will or nominated by a testator to carry out the instructions of the will. Typically, the Executor is the person responsible for offering the will for probate.

HereToday Inc. will send operational emails to the Executor to confirm their participation in our Service.

Life Guards

The Service requires you to designate three (3) individuals you trust to verify your passing or incapacitated condition. These individuals are called (“Life Guards”). When the Executor requests access to your account, the Service will contact the Life Guards to provide verification of your status.

HereToday Inc. will send operational emails to the Life Guards to confirm their participation in our Service.

Financial Institutions

Financial institutions will only take instructions from an authorized Executor acting on behalf of your estate. It is the Executor’s responsibility to provide a death certificate to all applicable financial institutions after your passing.

Financial institutions will freeze the accounts when notified of your passing. Frozen accounts could include, but not limited to, transactional accounts, term deposits, credit cards and loans.

HereToday Inc. will not be held responsible for your Executor’s actions; additionally, HereToday Inc. does not provide any guarantee your Executor submitted a death certificate to your financial institution(s) prior to gaining access to the Service.

HereToday is NOT a Licensed Professional

HERETODAY IS NOT A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, LAW FIRM, OR FINANCIAL ADVISORY FIRM, AND THE EMPLOYEES OF HERETODAY ARE NOT ACTING AS YOUR HEALTHCARE PROVIDERS, MEDICAL PROFESSIONALS, ATTORNEYS, OR FINANCIAL ADVISORS. THE SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, ATTORNEY, OR FINANCIAL ADVISOR. HERETODAY CANNOT AND DOES NOT PROVIDE MEDICAL, LEGAL, OR FINANCIAL ADVICE. HERETODAY IS NOT PERMITTED TO ENGAGE IN THE PRACTICE OF MEDICINE, LAW, OR FINANCIAL ADVISING. HERETODAY IS PROHIBITED FROM PROVIDING ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION TO YOU ABOUT (A) POSSIBLE DIAGNOSES, MEDICAL CONDITIONS, MEDICAL TREATMENT, LIFE EXPECTANCY, OR PROGNOSES; (B) LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES; OR (C) ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE FINANCIAL INVESTMENTS OR STRATEGIES.

No protected or fiduciary relationship, including without limitation that of physician-patient or attorney-client, is or will be created with HereToday by virtue of your use of the Services. Accordingly, while communications between you and HereToday are protected by our Privacy Policy https://www.heretoday.com/privacy-policy, they are not protected by physician-patient privilege, doctor-patient confidentiality, attorney-client privilege, or the work product doctrine. Again, HereToday 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 HereToday, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on or through the Services is for informational purposes only. All medically related information comes from independent health care professionals and organizations. At no time does HereToday 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 HereToday 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 HereToday as investment advice and will not be used or treated by you as investment advice.

Termination

You are entitled to cease using our Services at any time and for any reason without notice to us, but you will continue to be charged for Services until you cancel your account by logging in or contacting us.

Our duty is to keep our Service as safe and well maintained as possible. To this end, we may need to terminate accounts for violations of these Terms. In the following circumstances we will provide notice to you prior to termination of your account: (a) you are in breach of these Terms; or (b) you are using our Services in a way that can cause or has caused a risk of harm or loss to either HereToday or our other customers.

In such an event our notice will be via email to all or any of the registered account holders. If you remedy the issues that cause us to send the notice, to our satisfaction, then we will not terminate your access or license to our Services. If you do not remedy the outstanding causes of our termination notice in these circumstances, then we will terminate your account. In the event of such a termination we will provide you with the ability to take your data with you.

There are three very limited circumstances in which we will be unable to send notice to you prior to terminating your access to our Services: (i) you are in material breach of these Terms in such a way as to immediately and seriously endanger us and other users; (ii) we are unable to send you notice because this would cause us legal liability or a disruption to our Service; and (iii) we are unable to notify you due to law. If we terminate your account for the reasons outlined in i-iii, then we will work with you to ensure you retain copies of your data, wherever permitted by law.

All provisions of the Terms shall survive termination, including without limitation: ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease.

Limitation Of Liability

HereToday Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have 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.

Disclaimer And Non-Waiver of Rights

HereToday Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk.

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

HereToday Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and HereToday Inc. chooses not to immediately act, or chooses not to act at all, HereToday Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. HereToday Inc. does not waive any of its rights. HereToday Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Laws of the United States may apply to certain products and services provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the State of California and the laws of the United States of America, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Dispute Resolution

All disputes and questions whatsoever which shall arise between HereToday Inc. and you in connection with this Service Agreement, or the construction or application thereof or any provision contained in this Service Agreement or as to any act, deed or omission of any party or as to any other matter in any way relating to this Service Agreement, shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator.

The arbitrator shall be appointed by agreement between the parties or, in default of such agreement, such arbitrator shall be appointed by a sitting judge in California, upon the application of any of the parties and such judge shall be entitled to act as such arbitrator, if he or she so desires.

Unless otherwise agreed to by the parties, arbitration shall be held in the City of San Francisco, California. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator.

The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Changes

HereToday can modify, amend, change or replace any of the terms, conditions or provisions of these Terms, or change, suspend or discontinue the Services (including without limitation the availability of any feature, database or content) at any time by replacing these Terms on the Site and by sending you a notice through the Services via email. It is your responsibility to check these Terms periodically for changes, and to keep your email address current. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes. If you disagree with the new terms, please stop using the Services. In the unlikely event that HereToday discontinue the Services, we will notify you to allow you to export Your Data.

Miscellaneous

  • Entire Agreement. These Terms and all other HereToday agreements and policies expressly incorporated by reference, each as may be amended or modified by HereToday in accordance with its terms from time to time, together constitute the entire agreement between you and us and govern your use of the Services, and supersedes all prior or contemporaneous communications and agreements of any kind between you and us with respect to the Services. If any incorporated agreements or policies conflict with these Terms, these Terms shall control.
  • Force Majeure. We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failure or degradation.
  • Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instances does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
  • Assignment. These Terms are personal to you, and you may not assign, transfer or sublicense any of your rights or obligations under these Terms without HereToday’s express prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
  • No Relationship. No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
  • Cancellation and Termination. Again, you may cancel your Account and export and delete Your Data at any time. HereToday may also suspend or terminate your Account if you violate these Terms. We may attempt to notify you before suspending or terminating your Account so that you can export or delete Your Data, but we reserve the right to immediately suspend or terminate your Account in certain circumstances, such as causing harm to another user, disrupting other users’ use of the Services, or causing HereToday potential legal liability.
  • Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when (i) receipt is electronically confirmed, if transmitted by facsimile email; (ii) received, if personally delivered or sent by certified or registered mail, return receipt requested; or (iii) the day after it is sent, if sent for next day delivery or recognized overnight delivery service. Electronic notices should be sent by contacting us through our help center at support@heretoday.com

Contact Us

If you have any questions about these Terms, you can contact our support team or write us by mail at:

HereToday Inc. 981 Mission Street, San Francisco, CA 94103.