GYST Now, Inc., provides access to forms, templates and listings of independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. While the information on this site is about legal issues, it is NOT legal advice
Updated: November 1, 2015
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
GYST provides an online site to inspire and motivate visitors to complete their estate plans by giving them a general understanding of the law and providing them with a task list and listings of professional services to complete these documents. The Site includes general information on commonly encountered legal issues. Customer Service employees of GYST may also contact customers to assist them in finding professionals and services as well as helping them to complete tasks. In GYST.com there is a section for blogs where visitors may post questions and we may post answers to those questions. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. We are not a law firm and may not perform services performed by an attorney.GYST, its Services, its customer service and its forms or templates are not a substitute for the advice or services of an attorney.
We strive to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, we cannot guarantee that all of the information on the Site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind GYST provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
From time to time, GYST may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with us through the performance of any such services.
This Site and services are not intended to create any attorney-client relationship, and your use of GYST does not and will not create an attorney-client relationship between you and GYST. Instead, you are and will be representing yourself in any legal matter you undertake through GYST’s legal attorney listing service.
When you open an account to use or access certain portions of the Site, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password or login through Facebook. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify GYST immediately of any unauthorized use of your account, user name or password. GYST shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge.
2. Ownership. This Site are owned and operated by GYST. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by us or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by us, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. We do not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided GYST. Any rights not expressly granted herein are reserved by GYST.
4. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than GYST (each a "Third Party Site"). GYST works with a number of partners and affiliates whose sites are linked with us. We may also provide links to other citations or resources with whom it is not affiliated. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site. GYST is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GYST, of the Third Party Site, nor does it imply that GYST sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that GYST is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
License to Use.
GYST grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
Resale of Forms Prohibited.
By downloading Forms, you agree that the Forms you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of GYST.
6. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us at firstname.lastname@example.org. In the unlikely event that GYST support is unable to resolve your complaint to your satisfaction, we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
(a) GYST and you agree to arbitrateall disputes and claimsbetween us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
For the purposes of this Arbitration Agreement, references to "GYST," "you," and "us" include our respective, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.You agree that, by entering into these Terms, you and GYSTevidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
Rights and Responsibilities of GYST.
GYST is not the publisher or author of the User Content. GYST takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, GYST takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us email@example.com for help.
If GYST’s support staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, we reserve the right to delete those files or to stop those processes. If the GYST technical staff suspects a user name is being used by someone who is not authorized by the proper user, GYST may temporarily disable that user's access in order to preserve system security. In all such cases, we will contact the member as soon as feasible.
GYST has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities ofGYSTUsers or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any GYST service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
Attorneys that submit User Content and provide advice do so at their own risk.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant GYST a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
By submitting your email address in connection with your rating and review, you agree that GYST may use your email address to contact you about the status of your review and other administrative purposes.
9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GYST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. GYST SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD GYST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF GYST HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF GYST, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
11. Unsolicited Submissions. Except as may be required in connection with your use of GYST Services, GYST does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to GYST through or in association with this Site shall be considered non-confidential and GYST’s property. By providing such submissions to GYST you hereby assign to GYST, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. GYST shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
13. Personal Use. The site is made available for your personal use on your own behalf.
14. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
15. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, GYST Now, Inc., ALL RIGHTS RESERVED.
16. Trademarks. GYST, GYST.com, and GYST stylized logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of GYST Now, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
17. Right to Refuse. You acknowledge that GYST reserves the right to refuse service to anyone and to cancel user access at any time.
Updated: November 1, 2015
What Information Do We Collect About Our Customers?
Traffic Data. GYST may collect a variety of visitor data such as IP addresses, browser settings, internet service provider (ISP) information, referring/exit pages, operating systems, date/time stamps, and clickstream data (collectively "Visitor Data"). The GYST internal servers and software automatically recognize Visitor Data. No Personally Identifiable Information is collected in this process. The Site may use Visitor Data to compile traffic data about the types of visitors who use the Site at specific intervals (collectively "Traffic Data").
We may also use Traffic Data to diagnose problems with our server, administer our Site, or display content according to your preferences. Visitor Data and Traffic Data may also be shared with business partners, affiliates, or advertisers on an aggregated and anonymous basis.
Cookies. GYST may use the standard cookie feature of major browser applications and third-party providers, including Google Analytics features (Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration and Google Analytics Demographics and Interest Reporting), or employ internally developed cookies and tracking codes, that allow GYST to store a small piece of data on a visitor's computer, or any other device a visitor uses to access Online Services, about his or her visit to the Site or use of Applications. You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such order forms, will be limited.
Personal Information. GYST requires each customer to provide us with personal information (collectively "Personally Identifiable Information") to access and use GYST products and services. Personally Identifiable Information is captured only when a visitor accesses GYST, or speaks on the phone with a GYST employee, and willingly discloses that information. This disclosure may occur when a visitor registers with an Online Service, engages in transactions, contacts customer service, or participates in contests, promotions, surveys, forums, content submissions, requests for suggestions, or other aspects of services offered by GYST.
Personally Identifiable Information includes: (i) "Contact Data" (such as your name, address, city, state, zip code, phone number, and email address); (ii) "Demographic Data" (such as your zip code and sex); We may collect the information of 3rd party individuals as necessary, such as to ask our customers to indicate beneficiaries of a will, record shareholders of a company, or register authorized contacts to access their GYST account.
Testimonials and Reviews.We display personal testimonials of satisfied customers received through email surveys. We ask for your specific consent as part of the survey. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org. We also display customer reviews. If you provide a review that we display and wish to update or delete it, you can also contact us at email@example.com.
Calls/Electronic Communications.In the regular course of our business, GYST may monitor and record phone conversations or email communications between you and GYST employees for training and quality to you more useful and interesting. If you do not wish to receive email from GYST, you may unsubscribe from our mailing list on any of the emails we send.
How Do We Use the Information We Collect and Do We Share the Information We Receive?
We use information we collect from the Online Services to communicate with you, facilitate your transactions with our third-party marketing partners, and inform you of offers and discounts. For example, you may receive a welcome email that confirms your username and password, and later receive communications responding to your inquiries, providing services you request, and managing your account. We occasionally send service-related announcements, for example, to alert you if we need to temporarily suspend the Site for maintenance.
Opting Out. We send promotional emails and newsletters from time to time to users who have registered on the site. If you do not wish to receive communications, you may terminate your account by contacting Support at firstname.lastname@example.org. You can opt-out of promotional communications by following the unsubscribe instructions in any communication or by emailing us email@example.com.
You may choose not to provide GYST with Personally Identifiable Information or you may turn off cookies in your browser by changing its settings. If you make these decisions, you may continue to browse its pages, but will be limited in being able to download or save any changes.
Surveys and Promotions. We may provide you the opportunity to participate in surveys on our site, to measure customer satisfaction. If you participate, we may request certain personally identifiable information from you. Participation in these surveys, or promotions is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes name, email address, and mailing address.
We share customer information with third parties only as follows:
Third Party Marketing.Unless specifically authorized by you, we do not provide Personally Identifiable Information to third parties for marketing purposes. If you express interest in a third party, we may provide your Personally Identifiable Information to that third party solely in connection with the interest you have indicated.
Required by Law.We may also disclose your personal information: as required by law, such as in response to a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a legal request.
Visitor Demographics. Contact Data and Traffic Data are used to gather general statistics about our customers and visitors. We may use Demographic Data to generate collective information about our users, but not in a way that identifies any user specifically. For example, we may inform third parties about the number of registered users and unique visitors, and the pages most frequently browsed.
Service Providers.We may share your Personally Identifiable Information with companies that provide support services to us (such as a printer or email service provider), or help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose.
Blogs and Forums.The Site includes a publicly accessible blog and interactive forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. You should use caution when deciding whether to disclose your personal information in these areas of the site. To request removal of your personal information from our community forums, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Other Transfers. If GYST is merged, acquired, or sold, or if some or all of our assets or equity are transferred, we may disclose or transfer Personally Identifiable Information and other data in connection with the associated transactions.
Bankruptcy. In the event of a GYST bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws ovacy Policy. In this case, you will be notified via email and/or a prominent notice on our site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Accessing and Changing Your Account
User Access to and Ability to Update Personally Identifiable Information.You may visit your personal account profile at any time by clicking on the “Profile” menu. Through “Profile”, you may: (i) review and update your Contact Data. If you no longer desire our services, or if you want to remove your Personally Identifiable Information from our Site, you may terminate your account by contacting Support at email@example.com. We will respond to your request within 30 days.
Data Retention. At minimum, we will retain your information for as long as needed to provide you services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. GYST may maintain some or all of this data in its archives even after it has been removed from the Site.
How Secure Is the Personal Information We Collect?
Our Commitment to Data Security.We strive to make certain that our servers and connections incorporate the latest encryption and security devices. We have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect. Credit card and personal information are transmitted by secure servers (SSL). Unfortunately, no data transmission is guaranteed to be 100% secure and we therefore cannot guarantee the security of information you transmit to or from the Site, Applications, or through the use of our services, and you provide this information at your own risk. ACCORDINGLY, WE DISCLAIM LIABILITY FOR THE THEFT, LOSS, OR INTERCEPTION OF, OR UNAUTHORIZED ACCESS OR DAMAGE TO, YOUR DATA OR COMMUNICATIONS BY USING THE SITE, APPLICATIONS, AND OUR SERVICES. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ASSUME THESE RISKS.