Agreement between User and Gentreo.com
Welcome to Gentreo.com. The Gentreo.com website (the “Site”) is comprised of various web pages operated by Gentreo, Inc. (“Gentreo”). Gentreo.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms” or “Terms and Conditions”). In these Terms, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to Gentreo, Inc. and “Services” refers to all services provided by Gentreo, Inc. The term “Gentreo Circle” or “your circle” refers to individuals you invite to view, access, download, share or interact with documents or data you save or somehow put on Gentreo. The term “Gentreo Digital Vault” refers to on-line storage provided to you through Gentreo.
Your use of Gentreo.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to these Terms and Conditions, do not use Gentreo or any associated applications or content.
By accessing Gentreo’s site, services, applications, information provided or connections you acknowledge that you have read these Terms and Conditions and agree to be bound by these Terms and Conditions.
Gentreo.com is an E-Commerce Site.
Gentreo, Inc. (Gentreo) is a web software solution that gives users the ability to create their own documents and then save and share these and other documents as users choose. The Gentreo website includes general and non-specific information on common legal issues. Gentreo does not provide legal opinions or legal advice. Gentreo does not review documents for legal sufficiency or completeness. GENTREO IS NOT A LAW FIRM OR A SUBSTITUTE FOR A LAW FIRM OR ATTORNEY OR AN ATTORNEY’S ADVICE OR RECOMMENDATIONS. GENTREO IS NOT AN ACCOUNTING FIRM OR A SUBSTITUTE FOR AN ACCOUNTING FIRM OR AN ACCOUNTANT OR AN ACCOUNTANT’S ADVICE OR RECOMMENDATIONS. If you do not agree to this, do not use Gentreo or any associated applications or content.
When browsing through Gentreo.com, Gentreo, or using Gentreo is important to keep in mind that Gentreo is not a certified legal Firm nor are Gentreo Services or information or documents legal advice. Gentreo is not a certified accounting firm nor are our Services or information or documents accounting or personal money management advice. Your decisions are yours and yours alone. There is no attorney-client relationship, no partnership, no joint venture, or any type of employment relationship between you, your representatives, any companies or others you may be affiliated with or any users, and Gentreo or any Gentreo employees or individuals or partners associated with Gentreo. All information and contents are provided solely in English. If you want to receive the advice of a licensed individual do not use Gentreo as a source of your information or forms as by using Gentreo you are representing yourself in all matters related to the use of Gentreo work or services or content.
Every decision made during or after visiting Gentreo.com is not a responsibility of Gentreo. In no way will Gentreo or can Gentreo or its employees be held accountable or responsible for any action taken by our visitors, users, or customers. Gentreo works to keep all information, documents and more up-to-date but is not responsible or liable for any changes to laws, statutes, or more that may affect the effectiveness or legality of any documents or information. Gentreo does not check your work for validity, completeness, correctness or attempt to draw legal conclusions. Before signing any document, know that you and your representatives are fully responsible for the final document and any outcomes that result from the creation and, or the signing of such documents or actions or interactions that you take as a result of documents or work related to Gentreo. Again, if you want or need to receive the advice of a licensed individual, refrain from using Gentreo.
Visiting Gentreo.com or sending emails to Gentreo constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
You must be over eighteen (18) years of age to create and manage an account on Gentreo. You must have full authority to enter into these Terms. You can only have one Gentreo account per email address. You are responsible for choosing who you share information or documents or more with through or via your Gentreo account. You are responsible for choosing who you remove from having access to information or documents via your Gentreo acount as well.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or phone or other electronic device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You may not impersonate another person by using their name or contact information without their express written consent. You acknowledge that Gentreo is not responsible for third party access to your account that results from theft or misappropriation of your account. If you suspect any type of breach, contact Gentreo immediately. You are responsible for keeping your email address associated with your Gentreo account accurate and up to date so that Gentreo may contact you if necessary. Gentreo and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Gentreo has no fiduciary responsibility to you.
Gentreo Coaching Services
Gentreo offers coaching services (“Gentreo Coaching Services”) to its Members. Gentreo Coaching Services allow for Gentreo users to find coaches (“Coaches”) they might want to work with through the Site’s virtual community of Coaches and users. The Site allows the Coaches and users to communicate with each other for the sole purpose of rendering support to Users in filling out their documents online through the Site. The Coaches are not attorneys and cannot provide legal services. The availment of coaching services does not form an attorney-client relationship between the Coach and the user. Any responses to questions is not intended as legal advice, is not confidential, and does not create an attorney-client relationship. It is considered User-Generated Content. Gentreo shall not be held responsible or liable for the actions or omissions of any Coach during the course of coaching services provided to the user. We do not make any warranty, guarantee, or representation as to the coaching ability, competence, quality, or qualifications of any Coach.
Gentreo Attorney Network
Agreement between the Attorney Members and Gentreo, Inc.
Gentreo enables our users to connect with certain U.S. barred attorneys across the United States (“Attorney Members”) which are vetted and approved by Gentreo on a case-by-case basis as a part of Gentreo’s Attorney Network Program (the “Program”). All Attorney Members are required to agree to these Terms as a condition of joining the Program. All Attorney Members represent and warrant, prior to providing any services to Gentreo Users, or using the Gentreo Site or Gentreo Products in any way, that:
(i) The Attorney Member agrees to be bound by the Gentreo Terms of Service, if and as amended;
(ii) The Attorney Member will not make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning Gentreo, its affiliates or businesses, employees, officers, suppliers, investors, and other associated parties, its Products, “self-help” business model, or users, provided that this restriction will not prevent Attorney Member from making truthful statements required by law or by the Attorney Member’s applicable bar association’s Rules of Professional Conduct (“RPC”);
(iii) For legal advice pertaining to the Products, to the extent permitted by the RPC and with allowances for a user’s emergency circumstances, prior to Attorney Member offering a competing product to the user (including Attorney Member’s own competing products) the Attorney Member will: first attempt in good faith to use the Product rather than the competitor, and in the case of a Product deficiency, Attorney Member will immediately notify Gentreo of any deficiency in the Product (including Attorney Member’s own competing products), and permit Gentreo a reasonable period of no less than 45 days to correct such deficiency, and work with Gentreo and/or the user, as the case may be, in good faith to improve, update, or correct the Product so that it is fit for user’s needs, as the case may be;
(iv) The Attorney Member will carry commercially reasonable malpractice insurance for the duration of Attorney Member’s applicable services and disclose such insurance coverage to the user;
(v) The Attorney Member agrees to indemnify and hold harmless Gentreo from and against any and all claims (including negligence claims) and expenses, including attorney’s fees, arising out of your use of the Site and the Service, but not limited to your violation of this Agreement;
(vi) The Attorney Member releases Gentreo from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected to a dispute with a user. All payments made by Gentreo in connection with these disputes shall be reimbursed or indemnified by the Attorney Member;
(vii) The Attorney Member will provide commercially reasonable, professional, workmanlike, and ethically compliant services to the user;
(viii) The Attorney Member agrees to disclaim in writing to the user, in the form of an engagement letter or otherwise, that Gentreo has no responsibility nor liability for any services provided by Attorney Member, and any matching to any Attorney Member by Gentreo, directly or indirectly, is provided at the user’s own and sole risk;
(ix) The Attorney Member agrees to indemnify Gentreo from its failure to adhere to these terms; and
(x) The Attorney Member understands that Gentreo may grant to Attorney Member a limited, non-transferable, non-exclusive, royalty-free right to access and use the Gentreo Site and Gentreo Products for the purpose of serving Gentreo users, and such right may be revoked by Gentreo if Gentreo determines in its sole discretion that any of the aforementioned terms have been breached.
Children Under Thirteen
Gentreo may collect personally identifiable information from children under the age of thirteen. Gentreo collects this information for the following reason(s):
If children are named or listed in Trusts, Wills, Guardianship, Temporary Authority, Access to Gentreo or are listed in regards to information in the Gentreo Digital Vault, Power of Attorney, Health Care Proxy, or other legal documents regarding healthcare and financial and legal decisions.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use Gentreo.com only with permission of a parent or guardian.
Gentreo membership is an annual subscription (12 months) paid on an annual basis. You may cancel your subscription at any time by sending an email to email@example.com. If you choose to pay on a monthly basis and cancel your subscription within the first year, you will be charged an early termination fee equal to the amount remaining for the unpaid months left on your annual subscription fee. If you cancel within the first 72 hours and have not created any documents other than the Gentreo Emergency Card and Gentreo Pet Information Card, there will be no early termination fee and your money will be refunded. At cancellation any documents created and/or saved will be deleted and you will not have access to the Gentreo Digital Family Vault. There are no termination fees for cancellations after the second year or later. No refunds will be issued for any reason other than those expressly contained within the Cancellation/Refund Policy. Gentreo will not issue refunds to users in cases where their account was paid for by an employer or other third party.
All provisions of these Terms which by nature should survive will and shall survive, including, but not limited to indemnity, limitation of liability, and ownership limitations. Content you stored on Gentreo may be deleted within thirty days or earlier of cancellation, failure to renew and, or failure to pay. This means neither you nor any of your named Gentreo Circle members will have access to documents you may have created and/or shared through your Gentreo Digital Family Vault or storage. If you are not satisfied or think there might have been an error in billing, please contact us by email at firstname.lastname@example.org.
If you sign up for a Gentreo trial or promotion, that trial or promotion is good from the time you register on Gentreo and must be used by the start date stated by Gentreo. You must cancel your Gentreo account before or on the end date of the applicable trial or promotion or you will be charged for the use of Gentreo based on the service or package offering for which you have subscribed to or signed up. If you are not satisfied or think there might have been an error in billing, please contact us by email at email@example.com.
Links to Third Party Sites/Third Party Services
Gentreo.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Gentreo and Gentreo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gentreo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gentreo of the site or any association with its operators.
Certain services made available via Gentreo.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Gentreo.com domain, you hereby acknowledge and consent that Gentreo may share such information and data with any third party with whom Gentreo has a contractual relationship to provide the requested product, service or functionality on behalf of Gentreo.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Gentreo or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Gentreo content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Gentreo and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Gentreo does not grant you any licenses, express or implied, to the intellectual property of Gentreo or our licencors except as expressly authorized by these Terms.
Gentreo shall have no responsibility or liability for any content appearing on your Gentreo created website whether created or posted by you or any third party. You agree to indemnify and defend Gentreo against all claims arising out of or based upon your Gentreo created Website.
Use of Communication Services and Digital Vault and Storage
The Site may contain bulletin board services, chat areas, digital storage, the Gentreo Digital Vault, news groups, forums, communities, personal web pages, calendars, areas for reviews of Gentreo, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, store, distribute or disseminate any illegal, inappropriate, profane, pornographic, defamatory, infringing, threatening, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward pornographic materials of any type, surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, pictures or digital images without their consent; violate any applicable laws or regulations.
Gentreo has no obligation to monitor the Communication Services. However, Gentreo reserves the right to review materials posted to a Communication Service or the the Gentreo Digital Vault and to remove any materials in its sole discretion. Gentreo reserves the right to terminate your access to any or all of the Communication Services, software, or Gentreo Digital Vault at any time for violation of these terms and conditions of service.
You are given 500MB of storage per active and paid Gentreo account. If you go over that amount, Gentreo will contact you to let you know that you have exceeded the given amount. If you want to continue using more than 500MB of storage, Gentreo will provide you with pricing and begin the new pricing starting two days after notification, otherwise you must stay within the 500MB storage limit.
Gentreo reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Gentreo’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Gentreo does not control or endorse the content, messages or information found in any Communication Service and, therefore, Gentreo specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Gentreo spokespersons, and their views do not necessarily reflect those of Gentreo.
Materials uploaded to a Communication Service and, or Gentreo may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Gentreo.com or Posted on Any Gentreo Web Page
Gentreo does not claim ownership of the materials you provide to Gentreo.com including feedback and suggestions) or post, upload, input or submit to any Gentreo Site or our associated services (collectively “Submissions”).
However, by using Gentreo you give Gentreo permission to use information about your actions taken on Gentreo, and on Gentreo in connection with ads and, or sponsored content as well demographic information about you without any compensation to you.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Gentreo account to third party accounts. By connecting your Gentreo account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Gentreo, Gentreo.com, Gentreo Digital Vault, and the Gentreo logo, G button, and other custom graphics and icons are trademarks and/or trade dress and/or service marks of Gentreo. These can only be used with the permission of Gentreo.
Without prior approval and express written permission, you may not create frames around Gentreo Web pages or use other techniques that alter in any way the visual presentation or appearance of Gentreo or the Gentreo website.
The Service is controlled, operated and administered by Gentreo from our offices within the United States of America. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gentreo Content accessed through Gentreo.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Gentreo usage is intended for residents of the United States of America.
You agree to indemnify, defend and hold harmless Gentreo, its officers, directors, employees, founders, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use or your Gentreo Circle’s use of or inability to use Gentreo, the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gentreo takes steps to provide system security, but you agree that Gentreo will not or cannot be held accountable for breaches in system security. Gentreo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gentreo in asserting any available defenses.
Tax Advice Disclosure
Gentreo does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from Gentreo is intended only for general education and is not to be construed or relied on as tax advice. Although Gentreo does not provide any tax advice, we do provide this disclosure to comply with requirements imposed by the Internal Revenue Service under Circular 230.
We inform you that any U.S. federal tax advice contained in any communication from Gentreo is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.
For North Carolina Consumers
We provide watermarked blank document templates upon request. To request such templates, please write to us at 1495 Hancock St. 4th Floor Quincy, MA 02169, specifying which document templates you are requesting. We have a consumer satisfaction process to address any questions or concerns regarding the services we offer. You may raise any questions or concerns by emailing us at firstname.lastname@example.org.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in the Commonwealth of Massachusetts. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees up to a limit of $100. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Gentreo agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GENTREO, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GENTREO, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GENTREO, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Gentreo reserves the right, in its sole discretion, to terminate your account and, or your access to the Site and the related services or any portion thereof at any time, for failure to comply with these terms of service. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gentreo as a result of this agreement or use of the Site. Gentreo’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gentreo’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Gentreo with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Deletion of User Information
If you wish to cancel your account, delete your User Personal Information, or request that we no longer use your User Personal Information to provide you services, please contact email@example.com. We will retain and use your User Personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will seek to delete your full profile within 30 days.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you, the user, and Gentreo with respect to the Site and the software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gentreo with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Gentreo reserves the right, in its sole discretion, to change the Terms under which Gentreo.com is offered. The most current version of the Terms will supersede all previous versions. Gentreo encourages you to periodically review the Terms to stay informed of our updates. By your continued use of the site or related Gentreo content or sites, you are indicating that you agree to be bound by the updated Terms. If you do not agree with the Updated Terms of Service, do not use Gentreo or access the site.