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Protect myPlans Terms of Use
Protect myPlans User Agreement

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Terms of use

Version: April 13, 2017

Protect my Plans is a service provided by
Directive Communication Systems, Inc.

Terms of Use

1. Use of Platform and License.

1.1. License. Subject to the terms and conditions of this Agreement, Directive Communication Systems, Inc. ("DCS") grants to Client and Client's authorized attorney(s) ("Licensees") a nonsublicensable, nontransferable, nonexclusive limited license to access and use DCS's online platform and services located at https://app.directivecommunications.com (the "Platform"). Licensees shall use the Platform and any documentation or other information related thereto that is received from DCS or its representatives solely in connection with Client's personal accounts and for no other purpose, including commercial and business accounts and/or applications. Licensees acknowledge and agree that use of the Platform is governed by this Agreement and by DCS's Privacy Policy (http://www.directivecommunications.com/privacy); provided however that, to the extent the terms of this Agreement conflict with any terms of the Privacy Policy, the terms of this Agreement shall supersede such conflicting terms. Licensees acknowledge and agree that the Platform may incorporate functions that will inhibit Licensees from exceeding the scope of this license.

1.2. Restrictions. Licensees shall not: (a) use the Platform, any documentation or other information provided by DCS hereunder, to create any similar software or documentation; (b) reproduce or modify the Platform or any portion thereof, or embed the Platform or any portion thereof into any commercial product of Licensees; (c) sublicense, rent, sell, loan, lease, disclose, display, distribute, or otherwise transfer the Platform, or any portion thereof, or use it for timesharing, rental or service bureau purposes, or do so for the benefit of a third party; (d) remove or obscure any proprietary notices on the Platform, and shall reproduce such notices exactly on all permitted copies of the Platform; or (e) copy, reverse assemble, reverse compile or reverse engineer the Platform, or any portion thereof, or otherwise attempt to discover any Platform source code, or otherwise circumvent any technological measure that controls access to the Platform.

1.3. Ownership. Title to and ownership of the Platform and all copies thereof shall be and at all times remain in DCS. No ownership of the Platform is transferred by this Agreement. Any reports, developments, recommendations or modifications made by DCS or Licensees relating to the Platform ("Feedback"), whether or not influenced or suggested by Licensees, are the sole property of DCS. Licensees hereby assign and agree to assign to DCS any interest Licensees have or may acquire in any of the foregoing, as well as all related intellectual property rights; and will cooperate to perfect or further evidence such assignments. All Feedback shall be DCS's sole property and shall constitute DCS's Confidential Information (as defined below).

1.4. Support. Licensees shall notify DCS by telephone or electronic mail to the contact designated from time to time by DCS upon the discovery of a material error or difficulty in respect of use of the Platform. DCS may in its sole discretion attempt to resolve such error, but shall be under no obligation to do so.

1.5. Additional Terms of Service. DCS shall be permitted to contact Licensees by email, regular mail or courier, or other methods of written communication in connection with annual renewal of Licensees' subscription and invoicing. In the event of automatic annual renewal, DCS shall be permitted to charge any credit or debit card, or by any other means of electronic payment, provided to DCS by Licensees without Licensees' further authorization.

2. Confidentiality. Licensees acknowledge that, in the course of using and accessing the Platform and performing Licensees' duties under this Agreement, Licensees may obtain or develop information relating to the Platform and/or to DCS ("Confidential Information"), including, but not limited to the software, code, technology, algorithms, schematics, testing procedures, user interface, documentation, problem reports, analysis and performance information, inventions (whether patentable or not), trademarks, service marks, copyrighted or copyrightable materials, and other technical, business, product, marketing, financial and customer information, plans and data. During and after the term of this Agreement, Licensees shall hold in confidence and protect, and shall not use (except as expressly authorized by this Agreement) or disclose, Confidential Information, unless such Confidential Information becomes publicly known without breach of this Agreement by Licensee. Licensees shall not, without the prior written consent of DCS, disclose or otherwise make available the Platform, Feedback, documentation or other supporting materials, including any information relating to the performance or operation of the Platform (including any testing results, opinions, benchmarking or other evaluation conclusions), or copies thereof to any third party. Licensees acknowledge and agree that due to the unique nature of DCS's Confidential Information, there can be no adequate remedy at law for any breach of Licensees' obligations hereunder, that any such breach may allow Licensees or third parties to unfairly compete with DCS resulting in irreparable harm to DCS, and therefore, that upon any such breach or threat thereof, DCS shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law.

3. Platform Data. Any information that Licensees provide as part of the registration and use of the Platform (the "Platform Data") is the Licencees' property and DCS does not claim any ownership of the copyright or other proprietary rights in such information. DCS will not be in any way responsible or liable for the veracity of Platform Data. Notwithstanding the foregoing, Licensees agree that DCS may use any Platform Data as reasonably necessary for or incidental to or in connection with its operation of the Platform and its business, including without limitation disclosing certain Platform Data to third parties in connection with the provision of the services provided by DCS in connection with the Platform, and as described in this Agreement and the DCS Privacy Policy at http://www.directivecommunications.com/privacy. For such limited purposes, Licensees grant DCS the non-exclusive, royalty-free, worldwide, transferable, perpetual, irrevocable right, with right to sublicense, to use and disclose the Platform Data in the manner described in the Privacy Policy.

4. Term and Termination. This Agreement shall commence on the date Licensees (or an authorized representative on Licensees' behalf) clicks the "ACCEPT" button below and shall continue in effect until terminated by either party. Licensees may terminate this Agreement and the license granted herein at any time by deleting Client's profile. DCS may terminate this Agreement and the license granted herein immediately in its sole discretion, including without limitation by reason of breach of the Agreement or non-payment of fees. Upon termination of this Agreement, Licensees agree to discontinue all use of the Platform. Upon termination of this Agreement, Licensees' license to use the Platform will automatically terminate. Sections 1.2, 1.3, and 4 through 10, as well as this sentence, shall survive any termination of this Agreement for any reason. The parties agree that Licensees shall have no duty to rent, lease, license or purchase the Platform from DCS after termination of this Agreement, nor shall DCS have any obligation thereafter to rent, lease, license or sell the Platform to Licensees.

5. Death of Client. Upon Client's death, the Platform shall remain accessible to Client's estate for a period of ONE YEAR. No contact shall be made with respect to any Client profile or Platform Data after such time, including by Client's estate, attorney, or other authorized representative, unless otherwise required or mandated by state or federal law or by court order. The estate of Client shall be permitted to add up to 20 additional personal accounts for contact by DCS at no additional charge in a single submission following Client's death, provided that the account information is furnished to DCS within 60 days. Any additional submissions or the submission of more than 20 accounts for contact, whether in one or more submissions shall be subject to additional fees as in effect from time to time and determined by DCS.

5.1 Default Directive. If, at the time of Client's death, Client has not specified a directive or selected their own default directive for Client's non-financial accounts, the request will default to "Delete" or "Close."

5.2 Estate Contacts. At the time of Client's death, Client's attorney, estate administrators, or authorized representatives must provide DCS with at least two methods for communication, including email address (required) and/or telephone number or fax number.

5.3 No Guarantee of Personal Account Access After Client's Death. DCS will not take any action that would breach or encourage the breach of any agreement or other terms of service between Client and the institutions with which he or she has personal accounts. DCS makes requests on behalf of the estate and in accordance with the directives set forth in the estate documents or, if no specific directives have been set forth in the estate documents, in accordance with the direction from Client's representative(s). Final decisions on any request so made are determined by the applicable institutions and not by DCS. DCS assumes no liability or responsibility for any action or in action, activity or inactivity or decisions on the part of any institution.

5.4 Verification Documents. Upon Client's death, a duly appointed personal representative of Client's estate must provide DCS with one or more of the following: Certificate of Death, copy of the DCS provision in Client's testamentary documents, a Letter of Authorization (or equivalent), a Letter of Explanation, and a photocopy of Client's government ID so that DCS may verify Client's passing and initiate Client's directives with respect to Client's personal accounts, subject to Section 5.3 above.

5.5 Estate Administration Fee. DCS is entitled to charge an Estate Administration Fee to compensate DCS for the services provided under this Agreement.

5.6 Other Fees. Client's estate is solely responsible for all third-party costs, including but not limited to, document fees, government fees, site fees, and any other costs incurred in performing DCS' Services as ordered by Client. In the event that DCS, in its discretion, advances any third party costs on behalf of Client's estate, such costs must be fully reimbursed to DCS within thirty (30) days of Client's estate receiving an invoice from DCS. Upon request, Client's estate is entitled to itemized receipts for all third-party expenses.

6. Warranty Disclaimer. THE PARTIES ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS," "AS AVAILABLE" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. DCS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND DCS EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, FREEDOM FROM ERRORS, FREEDOM FROM PROGRAMMING DEFECTS, NONINTERFERENCE AND NONINFRINGEMENT, AND ALL IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, DCS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE PLATFORM WILL BE INTEROPERABLE WITH ANY OPERATING SYSTEM, WEB BROWSER OR OTHER USER INTERFACE, OR (E) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.

7. No Provision of Professional Services. DCS DOES NOT PROVIDE LICENSED PROFESSIONAL SERVICES. DCS IS NOT A LAW FIRM, A FINANCIAL ADVISORY FIRM, OR OTHER LICENSED PROVIDER. THE PLATFORM IS NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED PROFESSIONAL. NOR SHOULD LICENSEES RELY ON OR EXPECT ANY PRIVILEGE, DUTY OF CONFIDENTIALITY, OR OTHER BENEFIT TYPICALLY CONFERRED BY AN ATTORNEY-CLIENT OR OTHER PROFESSIONAL SERVICE RELATIONSHIP.

8. Limitation of Remedies and Damages. DCS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (B) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS TO LICENSEE OR ANY THIRD PARTIES, (C) FOR ANY LOSSES ARISING IN RELATION TO OR AS A RESULT OF THE PROBATE OF ANY ESTATE OR THE CONTESTING OF ANY WILL OR OTHER ESTATE PLANNING VEHICLE, OR (D) FOR ANY DIRECT DAMAGES IN EXCESS OF $500.00, EVEN IF DCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DCS SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.

9. Security Measures. DCS takes appropriate security measures (including physical, electronic and procedural measures) to help safeguard information transmitted by Licensees to the Platform from unauthorized access and disclosure. For example, DCS uses SSL encryption in the transmission of sensitive personal information to and from DCS's servers. While DCS wants users to feel confident using the Platform and endeavors to protect the privacy of Platform Data, Client profiles, and other personal information transmitted through the Platform, Licensees acknowledge and agree that no system can be completely secure. Unauthorized entry or use, hardware or software failure and other factors, may compromise the security of Client information at any time. DCS does not have any responsibilities or obligations with respect to privacy breaches of any third party, including representatives and governmental entities or investigators.

10. Personal Account Data. Licensees and their agents must make best efforts to enter all of the personal account information necessary for DCS to perform its services. DCS does not conduct forensics and thus can only service those accounts that Licensees affirmatively provide. In the event DCS has insufficient information to complete Client's Directives after Client's death, DCS may contact executors, administrators, personal representatives, attorneys, and/or additional parties to obtain the required information.

10.1 Data Accuracy. All personal account data provided to DCS, including Client's domicile of record, must match the information Client has provided to the institution or governmental entity to which the account corresponds. DCS is not responsible for inaccurate data, spelling, or other information provided by Client or any of its representatives or their agents which result in the inability of DCS to fulfill Client's directives. DCS will endeavor to correctly carry out all directives, but does not guarantee the ability to fulfill the request if the information is incorrect, incomplete or if any applicable law prohibits fulfillment of the request.

10.2 Data Sharing. DCS can only recognize users based on their individual login information. DCS will not be responsible for any issues or errors that arise from Licensees sharing of their login information or email address with another individual or use of a shared computer login to access the Platform.

10.3 Password Updates. Device passwords and passcodes frequently change due to various reasons. Client passcodes for all personal accounts must be kept current at all times.

10.4. No Guarantee as to Access to Particular Content. Disclosure of or Access to Account Contents will vary upon institution requirements and/or governed by state or federal law. DCS does not guarantee a final decision granting access to content.

11. Deactivation for Non-Use. If a Client Account remains unused for a period of 120 days after the Client's death, the account will be considered abandoned, DCS will not perform its services, and no further action will be required to be taken. DCS will not issue a refund, rebate or other form of compensation for services ultimately not rendered due to an estate's electing not to use the Platform.

12. Cessation of Notifications. Unless otherwise arranged by Client's estate or attorney, DCS will discontinue initiating notifications to institutions for Client's personal accounts either when the estate has completed the probate process or within 18 months after activation, whichever is earlier.

13. Estate/Personal Representative. DCS services are activated, authorized and instructed by the duly appointed representative of the estate of the decedent. DCS SHALL NOT BE RESPONSIBLE FOR ANY LOSSES ARISING OUT OF THE CHALLENGE OR CONTEST OF ANY ESTATE OR ANY OTHER ACTION TAKEN AGAINST THE ESTATE, AND IN NO EVENT SHALL DCS BE LIABLE FOR ANY LOSSES ARISING FROM DCS CARRYING OUT THE INSTRUCTIONS OF THE ESTATE OR ITS REPRESENTATIVES.

14. Provision for DCS Services. It is Client's responsibility to warrant the right to execute a "Transfer to" or "Remove me" directive in connection with each of Client's personal accounts, and to provide for use of the Platform in Client's Last Will and Testament, Codicil, Revocable Trust and/or other legal documents governing the administration of Client's estate.

15. Change of Legal or Personal Representative. Should an estate's legal or Personal Representative change at any time during the subscription of DCS services, DCS must be informed immediately. Whenever an estate's contact changes, the passcode on the DCS account will change as well. To assign a client new representation, please contact DCS at 1-800-372-8121 or info@directivecommunications.com. You will provide proof of legal representation in your estate documents. It is necessary that DCS have matching Personal Representative assignment with your estate documents. DCS is not responsible for inaccurate, incorrect or errors made in establishing Personal Representatives, inconsistent with estate planning documents.

16. Subscription Payments and Renewals. Client, its representatives, and their agents acknowledges that the Platform is provided on annual subscription basis. Payment will be automatically charged to payment method on file. In the event of any non-payment or delay in payment for a period of 30 days after payment is due, DCS shall reserve the right to terminate Licensee's access to the Platform and to delete all Platform Data, or, in the alternative, to suspend access subject to the payment of a reactivation fee as is in effect from time to time as determined by DCS. In the event of termination, DCS shall have no ongoing obligation to maintain Platform Data. Once data is destroyed, it cannot be recovered. If Client is subsequently re-enrolled, the enrollment will be treated as a new client and all records will need to be re-created.

17. Private Browsing. Websites and digital destinations visited through "Incognito", "Private Browsing" or other means of disabling browser history and web cache may not be collected or stored by DCS. If desired to be included in Client's profile, Client must enter the data by logging into DCS or visiting the website in a non-private manner.

18. Portfolio Plus.

18.1. Portfolio Plus must be downloaded, signed-into and maintained for proper data collection. Portfolio Plus may not be able to identify all accounts, as not all login processes are consistent and/or allow for Portfolio Plus to collect the information necessary for data capture.

18.2. Acceptance of this Agreement includes authorization for the Portfolio Plus application to access Client's personal and account identifying files and information, as needed, to conduct DCS authorized activities. Client data collected during individual login sessions will be saved to Client's portfolio and may be used to group accounts for presentation. Portfolio Plus may be downloaded and activated on a computer tablet, mobile, or other device for conducting digital and online activities.

19. Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of DCS to act with respect to a breach of this Agreement by Licensees or others does not constitute a waiver and shall not limit DCS's rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensees and may not be assigned or transferred for any reason whatsoever without DCS's consent and any action or conduct in violation of the foregoing shall be void and without effect. DCS expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under Massachusetts law, without regard to its conflicts of law rules. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Boston, MA; Licensees hereby agree to service of process in accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees. EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL, BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.

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Terms of use

Version: April 13, 2017

Protect my Plans is a service provided by
Directive Communication Systems, Inc.

Terms of Use

1. Use of Platform and License.

1.1. License. Subject to the terms and conditions of this Agreement, Directive Communication Systems, Inc. ("DCS") grants to Client and Client's authorized attorney(s) ("Licensees") a nonsublicensable, nontransferable, nonexclusive limited license to access and use DCS's online platform and services located at https://app.directivecommunications.com (the "Platform"). Licensees shall use the Platform and any documentation or other information related thereto that is received from DCS or its representatives solely in connection with Client's personal accounts and for no other purpose, including commercial and business accounts and/or applications. Licensees acknowledge and agree that use of the Platform is governed by this Agreement and by DCS's Privacy Policy (http://www.directivecommunications.com/privacy); provided however that, to the extent the terms of this Agreement conflict with any terms of the Privacy Policy, the terms of this Agreement shall supersede such conflicting terms. Licensees acknowledge and agree that the Platform may incorporate functions that will inhibit Licensees from exceeding the scope of this license.

1.2. Restrictions. Licensees shall not: (a) use the Platform, any documentation or other information provided by DCS hereunder, to create any similar software or documentation; (b) reproduce or modify the Platform or any portion thereof, or embed the Platform or any portion thereof into any commercial product of Licensees; (c) sublicense, rent, sell, loan, lease, disclose, display, distribute, or otherwise transfer the Platform, or any portion thereof, or use it for timesharing, rental or service bureau purposes, or do so for the benefit of a third party; (d) remove or obscure any proprietary notices on the Platform, and shall reproduce such notices exactly on all permitted copies of the Platform; or (e) copy, reverse assemble, reverse compile or reverse engineer the Platform, or any portion thereof, or otherwise attempt to discover any Platform source code, or otherwise circumvent any technological measure that controls access to the Platform.

1.3. Ownership. Title to and ownership of the Platform and all copies thereof shall be and at all times remain in DCS. No ownership of the Platform is transferred by this Agreement. Any reports, developments, recommendations or modifications made by DCS or Licensees relating to the Platform ("Feedback"), whether or not influenced or suggested by Licensees, are the sole property of DCS. Licensees hereby assign and agree to assign to DCS any interest Licensees have or may acquire in any of the foregoing, as well as all related intellectual property rights; and will cooperate to perfect or further evidence such assignments. All Feedback shall be DCS's sole property and shall constitute DCS's Confidential Information (as defined below).

1.4. Support. Licensees shall notify DCS by telephone or electronic mail to the contact designated from time to time by DCS upon the discovery of a material error or difficulty in respect of use of the Platform. DCS may in its sole discretion attempt to resolve such error, but shall be under no obligation to do so.

1.5. Additional Terms of Service. DCS shall be permitted to contact Licensees by email, regular mail or courier, or other methods of written communication in connection with annual renewal of Licensees' subscription and invoicing. In the event of automatic annual renewal, DCS shall be permitted to charge any credit or debit card, or by any other means of electronic payment, provided to DCS by Licensees without Licensees' further authorization.

2. Confidentiality. Licensees acknowledge that, in the course of using and accessing the Platform and performing Licensees' duties under this Agreement, Licensees may obtain or develop information relating to the Platform and/or to DCS ("Confidential Information"), including, but not limited to the software, code, technology, algorithms, schematics, testing procedures, user interface, documentation, problem reports, analysis and performance information, inventions (whether patentable or not), trademarks, service marks, copyrighted or copyrightable materials, and other technical, business, product, marketing, financial and customer information, plans and data. During and after the term of this Agreement, Licensees shall hold in confidence and protect, and shall not use (except as expressly authorized by this Agreement) or disclose, Confidential Information, unless such Confidential Information becomes publicly known without breach of this Agreement by Licensee. Licensees shall not, without the prior written consent of DCS, disclose or otherwise make available the Platform, Feedback, documentation or other supporting materials, including any information relating to the performance or operation of the Platform (including any testing results, opinions, benchmarking or other evaluation conclusions), or copies thereof to any third party. Licensees acknowledge and agree that due to the unique nature of DCS's Confidential Information, there can be no adequate remedy at law for any breach of Licensees' obligations hereunder, that any such breach may allow Licensees or third parties to unfairly compete with DCS resulting in irreparable harm to DCS, and therefore, that upon any such breach or threat thereof, DCS shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law.

3. Platform Data. Any information that Licensees provide as part of the registration and use of the Platform (the "Platform Data") is the Licencees' property and DCS does not claim any ownership of the copyright or other proprietary rights in such information. DCS will not be in any way responsible or liable for the veracity of Platform Data. Notwithstanding the foregoing, Licensees agree that DCS may use any Platform Data as reasonably necessary for or incidental to or in connection with its operation of the Platform and its business, including without limitation disclosing certain Platform Data to third parties in connection with the provision of the services provided by DCS in connection with the Platform, and as described in this Agreement and the DCS Privacy Policy at http://www.directivecommunications.com/privacy. For such limited purposes, Licensees grant DCS the non-exclusive, royalty-free, worldwide, transferable, perpetual, irrevocable right, with right to sublicense, to use and disclose the Platform Data in the manner described in the Privacy Policy.

4. Term and Termination. This Agreement shall commence on the date Licensees (or an authorized representative on Licensees' behalf) clicks the "ACCEPT" button below and shall continue in effect until terminated by either party. Licensees may terminate this Agreement and the license granted herein at any time by deleting Client's profile. DCS may terminate this Agreement and the license granted herein immediately in its sole discretion, including without limitation by reason of breach of the Agreement or non-payment of fees. Upon termination of this Agreement, Licensees agree to discontinue all use of the Platform. Upon termination of this Agreement, Licensees' license to use the Platform will automatically terminate. Sections 1.2, 1.3, and 4 through 10, as well as this sentence, shall survive any termination of this Agreement for any reason. The parties agree that Licensees shall have no duty to rent, lease, license or purchase the Platform from DCS after termination of this Agreement, nor shall DCS have any obligation thereafter to rent, lease, license or sell the Platform to Licensees.

5. Death of Client. Upon Client's death, the Platform shall remain accessible to Client's estate for a period of ONE YEAR. No contact shall be made with respect to any Client profile or Platform Data after such time, including by Client's estate, attorney, or other authorized representative, unless otherwise required or mandated by state or federal law or by court order. The estate of Client shall be permitted to add up to 20 additional personal accounts for contact by DCS at no additional charge in a single submission following Client's death, provided that the account information is furnished to DCS within 60 days. Any additional submissions or the submission of more than 20 accounts for contact, whether in one or more submissions shall be subject to additional fees as in effect from time to time and determined by DCS.

5.1 Default Directive. If, at the time of Client's death, Client has not specified a directive or selected their own default directive for Client's non-financial accounts, the request will default to "Delete" or "Close."

5.2 Estate Contacts. At the time of Client's death, Client's attorney, estate administrators, or authorized representatives must provide DCS with at least two methods for communication, including email address (required) and/or telephone number or fax number.

5.3 No Guarantee of Personal Account Access After Client's Death. DCS will not take any action that would breach or encourage the breach of any agreement or other terms of service between Client and the institutions with which he or she has personal accounts. DCS makes requests on behalf of the estate and in accordance with the directives set forth in the estate documents or, if no specific directives have been set forth in the estate documents, in accordance with the direction from Client's representative(s). Final decisions on any request so made are determined by the applicable institutions and not by DCS. DCS assumes no liability or responsibility for any action or in action, activity or inactivity or decisions on the part of any institution.

5.4 Verification Documents. Upon Client's death, a duly appointed personal representative of Client's estate must provide DCS with one or more of the following: Certificate of Death, copy of the DCS provision in Client's testamentary documents, a Letter of Authorization (or equivalent), a Letter of Explanation, and a photocopy of Client's government ID so that DCS may verify Client's passing and initiate Client's directives with respect to Client's personal accounts, subject to Section 5.3 above.

5.5 Estate Administration Fee. DCS is entitled to charge an Estate Administration Fee to compensate DCS for the services provided under this Agreement.

5.6 Other Fees. Client's estate is solely responsible for all third-party costs, including but not limited to, document fees, government fees, site fees, and any other costs incurred in performing DCS' Services as ordered by Client. In the event that DCS, in its discretion, advances any third party costs on behalf of Client's estate, such costs must be fully reimbursed to DCS within thirty (30) days of Client's estate receiving an invoice from DCS. Upon request, Client's estate is entitled to itemized receipts for all third-party expenses.

6. Warranty Disclaimer. THE PARTIES ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS," "AS AVAILABLE" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. DCS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND DCS EXPRESSLY EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, FREEDOM FROM ERRORS, FREEDOM FROM PROGRAMMING DEFECTS, NONINTERFERENCE AND NONINFRINGEMENT, AND ALL IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, DCS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE PLATFORM WILL BE INTEROPERABLE WITH ANY OPERATING SYSTEM, WEB BROWSER OR OTHER USER INTERFACE, OR (E) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.

7. No Provision of Professional Services. DCS DOES NOT PROVIDE LICENSED PROFESSIONAL SERVICES. DCS IS NOT A LAW FIRM, A FINANCIAL ADVISORY FIRM, OR OTHER LICENSED PROVIDER. THE PLATFORM IS NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED PROFESSIONAL. NOR SHOULD LICENSEES RELY ON OR EXPECT ANY PRIVILEGE, DUTY OF CONFIDENTIALITY, OR OTHER BENEFIT TYPICALLY CONFERRED BY AN ATTORNEY-CLIENT OR OTHER PROFESSIONAL SERVICE RELATIONSHIP.

8. Limitation of Remedies and Damages. DCS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (B) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS TO LICENSEE OR ANY THIRD PARTIES, (C) FOR ANY LOSSES ARISING IN RELATION TO OR AS A RESULT OF THE PROBATE OF ANY ESTATE OR THE CONTESTING OF ANY WILL OR OTHER ESTATE PLANNING VEHICLE, OR (D) FOR ANY DIRECT DAMAGES IN EXCESS OF $500.00, EVEN IF DCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DCS SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.

9. Security Measures. DCS takes appropriate security measures (including physical, electronic and procedural measures) to help safeguard information transmitted by Licensees to the Platform from unauthorized access and disclosure. For example, DCS uses SSL encryption in the transmission of sensitive personal information to and from DCS's servers. While DCS wants users to feel confident using the Platform and endeavors to protect the privacy of Platform Data, Client profiles, and other personal information transmitted through the Platform, Licensees acknowledge and agree that no system can be completely secure. Unauthorized entry or use, hardware or software failure and other factors, may compromise the security of Client information at any time. DCS does not have any responsibilities or obligations with respect to privacy breaches of any third party, including representatives and governmental entities or investigators.

10. Personal Account Data. Licensees and their agents must make best efforts to enter all of the personal account information necessary for DCS to perform its services. DCS does not conduct forensics and thus can only service those accounts that Licensees affirmatively provide. In the event DCS has insufficient information to complete Client's Directives after Client's death, DCS may contact executors, administrators, personal representatives, attorneys, and/or additional parties to obtain the required information.

10.1 Data Accuracy. All personal account data provided to DCS, including Client's domicile of record, must match the information Client has provided to the institution or governmental entity to which the account corresponds. DCS is not responsible for inaccurate data, spelling, or other information provided by Client or any of its representatives or their agents which result in the inability of DCS to fulfill Client's directives. DCS will endeavor to correctly carry out all directives, but does not guarantee the ability to fulfill the request if the information is incorrect, incomplete or if any applicable law prohibits fulfillment of the request.

10.2 Data Sharing. DCS can only recognize users based on their individual login information. DCS will not be responsible for any issues or errors that arise from Licensees sharing of their login information or email address with another individual or use of a shared computer login to access the Platform.

10.3 Password Updates. Device passwords and passcodes frequently change due to various reasons. Client passcodes for all personal accounts must be kept current at all times.

10.4. No Guarantee as to Access to Particular Content. Disclosure of or Access to Account Contents will vary upon institution requirements and/or governed by state or federal law. DCS does not guarantee a final decision granting access to content.

11. Deactivation for Non-Use. If a Client Account remains unused for a period of 120 days after the Client's death, the account will be considered abandoned, DCS will not perform its services, and no further action will be required to be taken. DCS will not issue a refund, rebate or other form of compensation for services ultimately not rendered due to an estate's electing not to use the Platform.

12. Cessation of Notifications. Unless otherwise arranged by Client's estate or attorney, DCS will discontinue initiating notifications to institutions for Client's personal accounts either when the estate has completed the probate process or within 18 months after activation, whichever is earlier.

13. Estate/Personal Representative. DCS services are activated, authorized and instructed by the duly appointed representative of the estate of the decedent. DCS SHALL NOT BE RESPONSIBLE FOR ANY LOSSES ARISING OUT OF THE CHALLENGE OR CONTEST OF ANY ESTATE OR ANY OTHER ACTION TAKEN AGAINST THE ESTATE, AND IN NO EVENT SHALL DCS BE LIABLE FOR ANY LOSSES ARISING FROM DCS CARRYING OUT THE INSTRUCTIONS OF THE ESTATE OR ITS REPRESENTATIVES.

14. Provision for DCS Services. It is Client's responsibility to warrant the right to execute a "Transfer to" or "Remove me" directive in connection with each of Client's personal accounts, and to provide for use of the Platform in Client's Last Will and Testament, Codicil, Revocable Trust and/or other legal documents governing the administration of Client's estate.

15. Change of Legal or Personal Representative. Should an estate's legal or Personal Representative change at any time during the subscription of DCS services, DCS must be informed immediately. Whenever an estate's contact changes, the passcode on the DCS account will change as well. To assign a client new representation, please contact DCS at 1-800-372-8121 or info@directivecommunications.com. You will provide proof of legal representation in your estate documents. It is necessary that DCS have matching Personal Representative assignment with your estate documents. DCS is not responsible for inaccurate, incorrect or errors made in establishing Personal Representatives, inconsistent with estate planning documents.

16. Subscription Payments and Renewals. Client, its representatives, and their agents acknowledges that the Platform is provided on annual subscription basis. Payment will be automatically charged to payment method on file. In the event of any non-payment or delay in payment for a period of 30 days after payment is due, DCS shall reserve the right to terminate Licensee's access to the Platform and to delete all Platform Data, or, in the alternative, to suspend access subject to the payment of a reactivation fee as is in effect from time to time as determined by DCS. In the event of termination, DCS shall have no ongoing obligation to maintain Platform Data. Once data is destroyed, it cannot be recovered. If Client is subsequently re-enrolled, the enrollment will be treated as a new client and all records will need to be re-created.

17. Private Browsing. Websites and digital destinations visited through "Incognito", "Private Browsing" or other means of disabling browser history and web cache may not be collected or stored by DCS. If desired to be included in Client's profile, Client must enter the data by logging into DCS or visiting the website in a non-private manner.

18. Portfolio Plus.

18.1. Portfolio Plus must be downloaded, signed-into and maintained for proper data collection. Portfolio Plus may not be able to identify all accounts, as not all login processes are consistent and/or allow for Portfolio Plus to collect the information necessary for data capture.

18.2. Acceptance of this Agreement includes authorization for the Portfolio Plus application to access Client's personal and account identifying files and information, as needed, to conduct DCS authorized activities. Client data collected during individual login sessions will be saved to Client's portfolio and may be used to group accounts for presentation. Portfolio Plus may be downloaded and activated on a computer tablet, mobile, or other device for conducting digital and online activities.

19. Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of DCS to act with respect to a breach of this Agreement by Licensees or others does not constitute a waiver and shall not limit DCS's rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensees and may not be assigned or transferred for any reason whatsoever without DCS's consent and any action or conduct in violation of the foregoing shall be void and without effect. DCS expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under Massachusetts law, without regard to its conflicts of law rules. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Boston, MA; Licensees hereby agree to service of process in accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees. EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL, BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.

User Agreement

User Agreement - DCS
Protect my Plans is a service provided by
Directive Communication Systems, Inc. (DCS)

User Agreement

Version: July 31, 2017



DCS recommends that you consult with an estate planning attorney and include the following language in your Estate Documents:



Account Notification and Administration.

I direct that my [Personal Representative/Executor/Executrix/Trustee] utilize or continue to utilize the services of DIRECTIVE COMMUNICATION SYSTEMS, INC. ("DCS") relative to the notification of all individually held cash value accounts in my name reflected in the database of DCS for the purposes of facilitating estate administration by my [Personal Representative/Executor/Executrix/Trustee] of such accounts; provided, however, that DCS shall have no authority to collect any cash amounts or financial value held in any such accounts but shall only be able to direct the Custodial Institution to contact or distribute any such cash amounts or financial value held in such accounts to the [Personal Representative/Executor/Executrix/Trustee] of my [estate/trust. I further direct that my [Personal Representative/Executor/Executrix/Trustee] utilize or continue to utilize the services of DCS relative to the notification, administration and disposition of any and all non-cash value accounts, whether such accounts be on-line, off-line, digital or non-digital, as well as any digital assets held in my name and reflected in the database of DCS, including, without implied limitation, social media accounts, financial accounts, commerce accounts, professional association accounts and other accounts of any nature. In so utilizing DCS in such capacity, DCS shall have full authorization to take any and all necessary steps to close, delete, transfer or otherwise direct action as permitted by the specific Custodial Institution with respect to such accounts in compliance with my directive to DCS in such regard, if any. DCS is also hereby authorized to act in the manner hereinabove referenced with respect to such non-digital accounts and digital accounts separate and apart from my [Personal Representative/Executor/Executrix/Trustee] if no such fiduciary has been appointed by a court of competent jurisdiction, to the extent permitted by the Custodial Institution without such court appointment, but may in no event collect the cash or financial value of any such accounts. Fees may be paid from my [estate/trust estate] even if the services were rendered in connection with ancillary or non-probate proceedings.


Definitions which will need to go in the definitions section of the Estate Documents:

"Cash value accounts" means any account, digital, non-digital, on-line or off-line, which account holds an underlying asset which has cash value associated with it and/or which may be redeemed, traded or otherwise brokered for cash value.

"Custodial Institution" means the institution or company that carries, maintains, processes, receives, or stores a digital asset.

"Digital accounts" shall refer to all accounts held in individual name which are maintained on-line or which have an on-line presence or access.

"Digital asset" means a record that is electronic. The term does not include an underlying asset or liability unless the asset or liability is itself a record that is electronic.

"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

"Non-digital accounts" shall refer to all accounts held in individual name which are not maintained on-line and which do not have any on-line presence or access.

"On-line accounts" shall refer to all accounts held in individual name which are held, maintained or administered on-line, whether or not such accounts are also maintained or administered or have the capability of being maintained or administered in a non-digital format.


If you do not add the suggested language to your Estate Documents, you should execute the following Agreement directing the [Personal Representative/Executor/Executrix/Trustee] of your Estate to retain the services of DCS to assist in the administration of your estate. The effectiveness of this Agreement, however, may be limited by provisions of applicable state law. DCS therefore strongly urges you to consult with an attorney and include the suggested language in your Estate Documents.



User Agreement



Version: July 31, 2017

I,   Firstname Lastname,   enter into this Agreement as of this   day of month  day of   month, year, with Directive Communication Systems, Inc., a Delaware corporation (hereinafter referred to as "DCS").

As of the date of this Agreement, I have retained the services of DCS to catalog certain of my financial and other accounts. In order to facilitate the administration of my estate, I hereby direct any personal representative, executor, administrator or other such fiduciary appointed to administer my estate (hereinafter "my Personal Representative") to utilize or continue to utilize the services of DCS as follows:

(i)   With respect to any individually-held cash value accounts in my name reflected in the database of DCS , I direct my Personal Representative to utilize the services of DCS for purposes of identifying any such accounts, notifying the provider of any such account of my death, and facilitating communication between my Personal Representative and the account provider regarding the collection and distribution of any such account; provided, however, that DCS shall have no authority to collect any cash amounts or financial value held in any such accounts but shall only be able to direct the Custodial Institution to contact or distribute any such cash amounts or financial value held in such accounts to my Personal Representative.

(ii)   With respect to non-cash value accounts in my name reflected in the database of DCS, including but not limited to social media accounts, accounts of financial institutions such as loyalty programs and automatic bill pay accounts, commerce accounts, professional association accounts and other accounts of any nature, I direct my Personal Representative to utilize the services of DCS for purposes of identifying any such accounts, notifying the account provider of my death, and modifying, deleting, transferring, distributing and otherwise administering such accounts, whether such accounts be on-line, off- line, digital or non-digital. In so utilizing DCS in such capacity, DCS shall have full authorization to take any and all necessary steps to close, delete, transfer or otherwise direct action as permitted by the specific Custodial Institution with respect to such accounts in compliance with my directive to DCS in such regard, if any.

I also hereby authorize DCS to act in the manner hereinabove referenced with respect to such non-digital accounts and digital accounts separate and apart from my Personal Representative if no such fiduciary has been appointed by a court of competent jurisdiction, to the extent permitted by the Custodial Institution and applicable state law without such court appointment, but DCS may in no event collect the cash or financial value of any such accounts. Fees may be paid from my estate even if the services were rendered in connection with ancillary or non-probate proceedings.

As used herein:

"Cash value accounts" means any account, digital, non-digital, on-line or off-line, which account holds an underlying asset which has cash value associated with it and/or which may be redeemed, traded or otherwise brokered for cash value.

"Custodial Institution" means the institution or company that carries, maintains, processes, receives, or stores a digital asset.

"Digital accounts" shall refer to all accounts held in individual name which are maintained on-line or which have an on-line presence or access.

"Digital asset" means a record that is electronic. The term does not include an underlying asset or liability unless the asset or liability is itself a record that is electronic.

"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

"Non-digital accounts" shall refer to all accounts held in individual name which are not maintained on-line and which do not have any on-line presence or access.

"On-line accounts" shall refer to all accounts held in individual name which are held, maintained or administered on-line, whether or not such accounts are also maintained or administered or have the capability of being maintained or administered in a non-digital format.

I hereby acknowledge that the direction to my Personal Representative to retain the services of DCS as provided in this Agreement may not be binding under applicable state law and/or under any applicable terms-of-service agreement which I have previously entered into, or may hereafter enter into, with the custodian of any account of mine, and that the authority of DCS to act on my behalf with respect to my accounts after my death may therefore be limited. I further acknowledge that I have been advised by DCS to consult with an estate planning attorney and that DCS has advised me to execute estate documents which includes a direction to my Personal Representative to retain the services of DCS.

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