TERMS OF USE

Last Revised February 23, 2006

Welcome to mypeaceofmind.info (“Site”) owned and operated by Personal Estate Manager, Inc. Personal Estate Manager provides this Site and services to you subject to the following conditions. By accessing, browsing or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by the provisions of these Terms of Use. If you do not agree to all of the provisions in the Terms of Use, you may not access, browse or utilize this Site. In addition, if you subscribe to mypeaceofmind.info, you will be asked to enter into separate agreements applicable to such a relationship with Personal Estate Manager and you will thus be subject to the terms and conditions of those agreements.

PRIVACY. Please click here to review our Privacy Policy which also governs your use of the Site.

OWNERSHIP AND USE OF SITE CONTENTS AND BUSINESS METHODS

Proprietary Information. You acknowledge that the Site contains Content, such as text, graphics, logos, button icons, images, etc., that is/are or may be protected by copyrights, trademarks, or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies now existing or developed in the future. Modification or use of the Content except as expressly provided for in these Terms of Use may violate Personal Estate Manager’s or another party’s intellectual property rights. Neither title to any Content nor intellectual property rights in any Content or the business methods employed by the Site are transferred to you by access to this Site.

Patent. Personal Estate Manager has applied for patent protection for the novel and nonobvious business methods that its uses to perform the services that it offers on the Site.

Copyright. Except for the information provided by a member that is included in the Member’s Profile (“Member Profile Information”), all Site Content including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Personal Estate Manager, Inc, © 2006, ALL RIGHTS RESERVED, or of the original creator of the material. Personal Estate Manager does not claim any copyright in the Member Profile Information itself but does claim a copyright in the arrangement of the Member Profile Information on its web pages and print-outs of the web pages and in any other Site Content that appears on the Member Profile Information web pages.

Trademarks. My Peace of Mind and the My Peace of Mind logo (“PEM’s Marks”) are owned exclusively by Personal Estate Manager. All other trademarks, trade names, service marks and logos used and displayed on this Site are either the registered or unregistered trademarks of Personal Estate Manager or are owned by third parties, i.e, any party other than Personal Estate Manager such as an advertiser on the Site). Personal Estate Manager is not associated with, endorsed by or sponsored by these Third Parties nor does Personal Estate Manager endorse or sponsor these Third Parties. The written consent of Personal Estate Manager is required for any use of the PEM’s Marks and any other Trademarks owned by or licensed by Personal Estate Manager for any reason other than for non‑commercial informational purposes. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Personal Estate Manager and may not be used without prior written permission of Personal Estate Manager. You may not use any metatags or any other hidden text utilizing the Site’s name, Personal Estate Manager’s name, or PEM’s marks without the express written consent of Personal Estate Manager.

License and Site Access. Permission is granted to access, search, retrieve, print and/or save, display limited portions of the Site Content solely for your own personal noncommercial use. You must retain all trademarks, trade names, copyright notices, or any other proprietary notices or legends contained in the Content. You may not otherwise copy, modify, remove, delete, add to, publish, transmit, distribute, republish, upload, sell, or create derivative works from, or in any way exploit any of the Content (except for your Member Profile Information), in whole or in part, without the prior written consent of Personal Estate Manager. As a member of mypeaceofmind.info, you have the right to copy, modify, remove, delete, add to, publish, transmit, distribute, republish, or otherwise use your Member Profile pages.

Termination of License by Personal Estate Manager. Personal Estate Manager reserves the right to cancel your license and/or deny you access to the Site if you materially violate these Terms of Use. Personal Estate Manager reserves the right to investigate suspected violations of these Terms of Use

Visitors Under the Age of 18. Our services are marketed for use by adults. If you are under the age of 18, you may not use this Site.

Additional Use Restrictions.You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without Personal Estate Manager’s express prior written consent. By way of example, you should not use any features of this Site which permit communications with Personal Estate Manager or postings to post, transmit, display, or otherwise communicate any information or content, which in the sole judgment of Personal Estate Manager (i) is in violation of any local, state, federal or non-United States law or regulation; (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity; (iii) violates the rights of any person or business, including rights protected by contract, copyright, trade secret, patent or other intellectual property or similar laws or regulations; (iv) encourages illegal activity; (v) constitutes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You shall be responsible for determining what laws or regulations are applicable. You agree that you will not use any robot, spider, or any other automatic device, or manual process, to screen scrape, monitor, mine or copy the Web pages on the Site or the content contained therein without Personal Estate Manager’s prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not frame or co brand this Site which means you cannot display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. If you are unsure of whether any contemplated activity is permissible under these Terms of Use, please contact Personal Estate Manager at memberservices@mypom.info.

Security. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Personal Estate Manager reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

TREATMENT OF INFORMATION YOU SUBMIT TO THIS SITE

Personal Estate Manager will treat any personal information (information that specifically identifies a particular user) that you submit to this Site in accordance with its Privacy Policy and its Member Agreement, if you subscribe to the Site, and any other unsolicited material, suggestions, proposals, ideas or information (collectively “Submission”) will be treated as follows. Personal Estate Manager will consider the Submission to be non-confidential and non-proprietary. Personal Estate Manager shall not have any obligations whatsoever concerning the Submission, including contractual or otherwise (included but not limited to an obligation to keep the Submission confidential) and shall not be liable for any use or disclosure of any Submission. Personal Estate Manager shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you. If you send a Submission to Personal Estate Manager in response to a written request from Personal Estate Manager, the Submission will be treated in the same manner as stated above for an unsolicited Submission unless (i) Personal Estate Manager agrees in a writing issued prior to or contemporaneously with the request to treat the Submission in another manner and (ii) the Submission makes specific reference to the written request. Any Submissions sent in response to an oral request will be treated in the same manner as stated above for an unsolicited Submission.

LINKING AND INFORMATION ABOUT SERVICE PROVIDERS

Links to Other Sites. This Site may contain links to sites operated by entities other than Personal Estate Manager (“Linked Sites”). Links to such Linked Sites are provided as a service to users. These Linked Sites are not sponsored by or affiliated with this Site or Personal Estate Manager. Personal Estate Manager has not reviewed such Linked Sites, is not responsible in any way for the content of such Linked Sites, and does not make any representations or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Links are to be accessed at the user’s own risk. Further, the inclusion of any link to a Linked Site does not necessarily imply endorsement by Personal Estate Manager of that site. If you decide to visit any Linked Site and/or transact any business on a Linked Site, you do so at your own risk. Please contact the operator of a Linked Site concerning any information, goods or services appearing thereon. Personal Estate Manager reserves the right to remove the Linked Site at any time without prior notice.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. PERSONAL ESTATE MANAGER, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PERSONAL ESTATE MANAGER, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

PERSONAL ESTATE MANAGER, INC. DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, TROJAN HORSES OR OTHER HARMFUL CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

PERSONAL ESTATE MANAGER, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL OR OTHER ERRORS OR BUGS, AND PERSONAL ESTATE MANAER, INC. MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.

LIMITATION ON LIABILITY

PERSONAL ESTATE MANAGER, INC., ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PERSONAL ESTATE MANAGER, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PERSONAL ESTATE MANAGER, INC. AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $10 OR THE AMOUNT YOU HAVE PAID TO PERSONAL ESTATE MANAGER, INC. FOR A YEAR’S SUBSCRIPTION TO THE SITE. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

You will indemnify and hold Personal Estate Manager, Inc., its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the (“Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use, from claims arising out of or related in any way to your use of the Site or violation of any law or regulation or violation of any privacy right. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by Third Parties arising out of your use of the information accessed from this site.

COPYRIGHT POLICY UNDER THE DIGITAL MILLENIUM COPYRIGHT ACT

In accordance with the Digital Millennium Copyright Act, Personal Estate Manager has adopted the following policy toward copyright infringements: Personal Estate Manager will block access to and/or remove any material from the Site that it believes in good faith to be copyrighted material that has been illegally copied and submitted to the Site.

To report copyright infringements, please submit a formal “Notice of Copyright Infringement” containing the following: (i) identification of what is being infringed; (ii) where the infringements are located; (iii) who is complaining; (iv) how he or she may be contacted; (v) a statement of a good faith belief that the material is infringing; and (vi) a statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder.

The Notice of Copyright Infringement should be sent to:

Stephen Wood, President
Personal Estate Manger, Inc.
P.O. Box 183682
Shelby Township, MI 48318-3682

APPLICABLE LAW, DISPUTE RESOLUTION AND MISCELLANEOUS

This Site was created by and is controlled by Personal Estate Manager, Inc. in the State of Michigan. Thus, these Terms of Use and any dispute of any sort that might arise between you and Personal Estate Manager relating to these Terms of Use, your use of the Site, the services offered by the Site, the Site’s Privacy Policy, or use of any information you give to Personal Estate Manager will be governed by and interpreted pursuant to the laws of the State of Michigan and of the United States of America, without reference to its conflicts of laws provisions. If any provision(s) of these Terms of Use is unlawful, void, or unenforceable, that provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other parts remaining in full force and effect. The section headings in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Personal Estate Manager’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Personal Estate Manager in writing. If you access this Site from outside the United States, your will be responsible for compliance with applicable local laws.

Jurisdiction and Venue. You specifically consent to and agree to submit any dispute or claim arising out of or relating to these Terms of Use (including any breach thereof), use of the Site or services offered through the Site, use of any information you give to Personal Estate Manager, and Personal Estate Manager’s Privacy Policy shall be settled by confidential arbitration in Oakland County, Michigan administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect (including without limitation the Supplementary Procedures for Consumer‑Related Disputes). The arbitration panel shall consist of three arbitrators. You will select one arbitrator and Personal Estate Manager shall select one arbitrator. The selected arbitrators will select the third arbitrator who shall act as a neutral arbitrator. The determination of the arbitration panel shall be by majority vote. The arbitrators’ award shall be binding and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. To the fullest extent permitted by applicable law, any such dispute or claim shall be arbitrated on an individual basis and shall not be consolidated with any dispute or claim of any other party. The prevailing party (as determined by the arbitration panel) shall be entitled to recover from the other party all costs and expenses (including but not limited to reasonable attorney fees) incurred in enforcing its rights under the arbitration process. The foregoing shall not preclude Personal Estate Manager from seeking any injunctive relief in state or federal courts located in the State of Michigan for protection of the intellectual property rights of Personal Estate Manager or its licensors or licensees. You agree you will not start any litigation relating to the matters specified in this paragraph except through arbitration. You also waive any claim that venue in these courts is not proper or is a forum nonconveniens.

Statute of Limitations. Any dispute or cause of action relating to your use of the Site or these Terms of Use must be brought within one year of the events giving rise to the cause of action.

Entire Agreement. For visitors to our Site who do not subscribe to the Site, these Terms of Use and the Privacy Policy constitute the entire agreement between Personal Estate Manager and you with respect to your use of the Site and its services. The Terms of Use supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Personal Estate Manager. For members who subscribe to the Site, these Terms of Use, the Privacy Policy, and the Member Agreement constitute the entire agreement between Personal Estate Manager and you with respect to your use of the Site and its services. In the case of a conflict or an inconsistency between these Terms of Use and the Member Agreement, the Member Agreement shall control.

REVISIONS TO THE TERMS OF USE

PERSONAL ESTATE MANAGER MAY REVISE THESE TERMS OF USE AT ANY TIME IN ITS SOLE DISCRETION. ANY REVISED TERMS OF USE WILL BE POSTED ON MYPEACEOFMIND.INFO. YOUR USE OF MYPEACEOFMIND.INFO AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.