Terms of Use

Introduction

These terms of use (“Terms of Use”) define and govern the relationship between Sunset Software, Inc.  (“Sunset”, the “Company”, or “we” “our” “us”) and you, the person visiting our website, hellosunset.com, (the “Site”) or using our software web application “Sunset” (the “App”) in a personal or professional capacity, and registering for our services (“you” “your”).

You may only use the services (defined below) if you can form a binding contract with us and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms of Use on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. If you cannot confirm the foregoing, then you must not accept these Terms of Use and may not use the Site or Services.

Sunset is always growing and changing, and we may amend these Terms of Use at any time by posting the revised Terms of Use on the Site. We may terminate these Terms of Use at any time by suspending or terminating access to the Site and/or Services and/or notifying you. Your continued use of the Site or Services after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use. No amendment or modification of these Terms of Use will be binding unless in writing and signed by our duly authorized representative or posted to the Site by our duly authorized representative.

Services

By using the Site, installing or using our App, estate executives, administrators, trustees or others in service of an estate, trust, or similar entity, including estates prior to, during, or after probate, are authorizing the software services provided by Sunset (the “Services”). We reserve the right to modify or change our Site or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site.

Power of Attorney

Through use of the Services, you grant Sunset power of attorney for the specified estate, authorizing Sunset to act on behalf of the estate in various legal and financial matters, first for account discovery, then after explicit permission, account closure. By accepting this agreement, you entrust Sunset with the authority to handle important matters on you behalf.

You hereby acknowledge and affirm that you have full legal capacity and authority to enter into these Terms of Use on behalf of the deceased person and their estate.

Registration

The Site will allow you to provide certain contact information, including your name, address, etc. and the name and address and more regarding the estate (all such information collectively, your “Information”). We reserve the right to restrict certain areas of information on the Site to such registered users. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your access to the Service. We are committed to your privacy, and our “Privacy Policy” (www.hellosunset.com/privacy-policy), and "Electronic Communications Policy" (https://www.hellosunset.com/electronic-communications-policy) which are incorporated by reference herein and explains our communication and privacy practices with respect to your personal information.

Content

All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content and the Site are owned by Sunset and/or its licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”). Subject to the limited rights to use the Site pursuant to these Terms of Use, we retain all right, title and interest in and to the Site including all related intellectual property contained therein. Except as expressly provided in these Terms of Use, you have no other rights in the Site or any Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Content in any manner.

Proprietary Rights

Sunset is a trademark of Sunset Software, Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Sunset. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Links to Other Sites

As further described in our Privacy Policy, the Site contains links to other independent third-party web sites (in all cases “Linked Sites”). You should review applicable terms and policies, including privacy and data gathering practices, of third-party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Permitted Uses

Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site and Content in accordance with the Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, on or through the Site shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through the Site may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the Site and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Site. You have no right or claim of right to the Content or any unique ideas found on the Site. No ownership rights are granted to you hereunder and no title is transferred hereby.

Prohibited Uses

You may not use the Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the App, Site or Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Services and liability for damages caused by your noncompliance.

Sunset reserves the right to terminate your access (or use the Services) with or without cause and with or without notice, for any reason or no reason, or for any action that Sunset determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Sunset may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Sunset discretion, Sunset will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Sunset Revenue

Sunset earns a fee from a bank partner which holds FDIC-insured deposits for estates which use Sunset's services. The fee may vary from time to time, and is billable monthly. For clarity, estate bank accounts under Sunset management our policy is to direct all funds into insured and interest bearing cash accounts. Sunset will retain as its fee all interest generated by such an account. Using this process, 100% of discovered and consolidated estate assets can pass through to the beneficiaries and heirs without a direct withdrawal fee from Sunset. We do not take a percentage of the estate, we do not charge a flat fee, we are paid by our bank partners.

Limitation of Liability

You represent and warrant to Sunset that (a) all Information, that you provide to us is accurate and truthful, (b) you have the authority to share your Information with us and to grant us the right to use your Information as provided in these Terms of Use and Privacy Policy and (c) your acceptance and use of the Site pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound.

Your use of this Site and/or our services is at your own risk. The Content and Services have not been verified or authenticated in whole or in part by Sunset, we try our best, but they may include inaccuracies or typographical or other errors. Sunset does not warrant the accuracy or timeliness of the Content contained on this Site. Sunset has no liability for any errors or omissions in the Content, whether provided by Sunset, our licensors or suppliers or other users.

SUNSET, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SUNSET DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

SUNSET SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE OR FOR ANY USE OF OUR SERVICES, LOSS OF INVESTMENTS, OR ANY DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNSET BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SUNSET KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAY SUNSET FOR USE OF, OR IN CONNECTION WITH, THE SITE.

Indemnification and Acknowledgement

You will indemnify and hold Sunset harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use; (ii) your fraudulent or malicious use of the Site or your misuse or abuse of the Site and/or Services; (iii) your violation of applicable laws, rules or regulations in connection with your use of the Site; or (iv) any other conduct, act, or omission made by you in connection with Sunset.

YOU AGREE TO INDEMNIFY AND HOLD SUNSET, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY USE OF THE SERVICES, OR OTHER RELATIONSHIP DEVELOPED BY YOU OR YOUR INTERACTION WITH THE TOOLS PROVIDE BY SUNSET AND/OR ITS THIRD PARTY AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

All information, furnished by either party to the other, shall be treated as confidential and shall not be disclosed to third parties, unless required to fulfill the Services, or except as required by law and as described in Sunset’s Privacy Policy Statement.

Interpretation

The Federal Arbitration Act, Utah state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Salt Lake County in the State of Utah. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, 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 Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address:

Sunset Software, Inc.
c/o Legal Department
310 South Main Street
Suite 1125
Salt Lake City, UT 84111
legal@hellosunset.com

Notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Content and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Questions? Contact us at legal@hellosunset.com.