Terms and Conditions

 

 

 


Terms and Conditions

THIS AGREEMENT INCLUDES MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER PROVISIONS. BY USING THE NIMBLE ESTATE SERVICES, YOU AGREE TO THESE PROVISIONS, WHICH APPEAR IN THE DISPUTE RESOLUTION SECTION 22 OF THESE TERMS.


1. Acceptance of These Terms and Applicable Definitions

By using Nimble Estate’s website, products, and services, you acknowledge that you have read and agree to be bound by these Terms of Service. By agreeing to these Terms of Service, you further agree to comply with all laws and regulations, including the requirement to arbitrate any disputes regarding our site and services.

Please do not use this website if you do not agree to these Terms of Service. The materials contained on this website are protected by applicable copyright and trademark law.

Definitions

  • Site refers to any website made available by Nimble Estate.
  • Services refers to the Site and all services, self-help documents, forms, and templates provided by Nimble Estate.
  • Nimble Estate, Nimble, we, us, and our refer to Nimble Estate LLC and our agents (including officers, directors, employees, consultants, and representatives).
  • You, your, and User refer to each customer, visitor to the Site, or user of any Services. If you access or use the Services on behalf of a company, organization, or other entity:
    • (a) “you” and “your” also refer to that entity;
    • (b) you represent and warrant that you are authorized to bind that entity to these Terms; and
    • (c) you agree to these Terms on the entity’s behalf.
  • Member refers specifically to Users who have created a Nimble Estate account associated with a particular email address.

YOU AGREE THAT BY USING THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND/OR LEGALLY ABLE TO ENTER INTO A CONTRACT.


2. Disclaimer

NIMBLE ESTATE IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. While Nimble Estate strives to ensure its automated services are complete, they are intended for use as self-help forms. The materials and services are not substitutes for the advice of an attorney.

No attorney-client relationship is created through the use of Nimble Estate. Any communications between you and Nimble Estate are protected by our Privacy Policy, but not by attorney-client privilege.

If you need legal advice for your specific matter, or if your matter is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

At no time is an attorney-client relationship or any other special relationship created between you and Nimble Estate or any employee or person associated with Nimble Estate. You are and will be representing yourself in any matter undertaken using the Services.

We provide online tools and materials to assist you with the preparation, execution, and storage of your own legal documents and related information. We do not apply the law to the facts of your particular situation.

You understand that the document materials are not customized to your particular needs.

If, prior to using any legal document, you believe Nimble Estate gave you legal advice, opinions, or recommendations regarding your rights, remedies, defenses, options, forms, or strategies, you must not use these documents. Any use is at your own risk.

Automated Error Review

YOU UNDERSTAND THAT ANY NIMBLE ESTATE ERROR REVIEW IS AN AUTOMATED PROCESS LIMITED TO COMPLETENESS, SPELLING, AND INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND SIMILAR INFORMATION.

This review does not include assessment of:

  • Appropriateness of documents for your specific situation
  • Tax implications or consequences
  • Potential conflicts with other estate planning documents you may have

The error review is not comprehensive. You agree to read and review the final document(s) before signing and acknowledge that you are solely responsible for the final document(s).

If you have questions about the appropriateness of your documents, you should consult a licensed attorney.

Nimble Estate’s services end upon delivery of your documents. Nimble Estate has no responsibility for notarization, recording, or other post-delivery steps unless specifically arranged.

Deed Preparation Services

Nimble Estate may offer deed preparation services based on information you provide and documents you upload.

YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ALL INFORMATION IN ANY GENERATED DEED, including:

  • Legal description
  • Assessor’s Parcel Number (APN)
  • Property address
  • Grantor and grantee names

Nimble Estate does not perform title searches, verify ownership, or confirm your authority to transfer property. Nimble Estate is not responsible for title defects, liens, encumbrances, or ownership disputes.


3. User Expectations; Estate Planning and Account Content

3A. Expectations Regarding Account Users

You are solely responsible for your interactions with other users of the Services, including where you share access to your documents or account.

You are also solely responsible for content you upload to our servers. By using our products and services, you agree to abide by rules related to uploaded or generated content.

We reserve the right, but have no obligation, to monitor disputes and interactions between users. Nimble Estate shall have no liability for your interactions with other users.

You may only create an account on behalf of yourself, or yourself and a spouse or legally recognized domestic partner (“Spouse”).

If you create an account for yourself and a Spouse, you represent that you have permission to enter information and designations on their behalf at their explicit direction.

The user whose email address is used to create the account is the primary account owner. Secondary users must also agree to these Terms.

If your marriage or civil union dissolves, a secondary user may contact support to establish a separate account. Fees may apply.

Nimble Estate’s Services are intended for use by the individual named in the estate plan. Nimble Estate is not liable for improper or unauthorized use of the Site or Services.

3B. Concierge Service Authorization

You may authorize Nimble Estate support personnel to access your account and make changes on your behalf.

By requesting this service, you expressly authorize our personnel to act as your agent for the limited purpose of fulfilling your request.

You are solely responsible for:

  • Clearly communicating requested changes
  • Reviewing all modifications made

You acknowledge that communications and activities related to concierge services may be recorded and stored.

Nimble Estate is not liable for errors, omissions, or inaccuracies resulting from changes made at your direction.


4. Rights and User Submissions

Except as provided in these Terms, Nimble Estate retains all rights in the Services.

All software, text, graphics, images, logos, patents, trademarks, copyrights, photographs, audio, videos, music, and related intellectual property are the exclusive property of Nimble Estate or its licensors.

You agree not to:

  • Sell
  • License
  • Rent
  • Modify
  • Distribute
  • Copy
  • Reproduce
  • Publish
  • Adapt
  • Create derivative works

Use of Nimble Estate content for any purpose not expressly permitted is prohibited.


5. Limited License

Nimble Estate grants you a limited, non-exclusive, non-transferable, revocable license to use the Services in compliance with these Terms.

We reserve all rights not expressly granted.

You may download, view, copy, and print document materials solely for your personal, informational, non-commercial use.

This permission terminates automatically if you breach these Terms.

Upon termination, you agree to destroy downloaded or printed materials and cease use of the Services.

Unauthorized use may violate intellectual property, privacy, publicity, and communications laws.


6. Prohibited Activities

You agree not to:

  1. Copy, distribute, or disclose Services content without permission
  2. Use scraping or automated extraction tools
  3. Transmit spam or chain letters
  4. Interfere with system integrity or security
  5. Overload infrastructure
  6. Upload viruses or malicious code
  7. Harvest personally identifiable information
  8. Use the Services for commercial solicitation
  9. Impersonate others or commit fraud
  10. Interfere with proper operation of the Services
  11. Access content through unauthorized methods
  12. Bypass security or access restrictions

7. Payment

You agree to pay all fees in accordance with our terms of sale.

By using paid Services, you agree to applicable pricing, billing, payment, and refund policies.

You authorize Nimble Estate or our payment processor to charge your payment method for:

  • Service fees
  • Government fees
  • Taxes
  • Third-party fees

All purchases are final. Refunds are discretionary and considered case-by-case.


8. Security and Shared Access

You must maintain the security and integrity of your account.

You agree to provide accurate, complete, and current information.

You are responsible for maintaining password confidentiality and all activity under your account, including shared access functions.

You share access to your documents at your own risk.

Nimble Estate is not liable for losses resulting from unauthorized use of your account.


14. No Warranty

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” USE OF THE SERVICES IS AT YOUR OWN RISK.

To the fullest extent permitted by law, Nimble Estate disclaims all warranties, including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement

We do not warrant that:

  • Content is accurate or reliable
  • Services will meet your needs
  • Errors or defects will be corrected

15. Geography

Nimble Estate Services are directed to users in the State of Colorado.

The Services are controlled and operated from Colorado and are not intended for users outside Colorado.


16. Controlling Law and Jurisdiction

These Terms and any disputes shall be governed by the laws of the State of Colorado.

Any court claim shall be brought exclusively in a court of competent jurisdiction located in Arapahoe County, Colorado, unless submitted to arbitration.


17. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

All disputes arising from or relating to the Services, Site, or these Terms shall first go through informal dispute resolution.

If unresolved, disputes shall be resolved through binding arbitration.

17A. Informal Resolution Procedure

Both parties agree to use good-faith efforts to resolve disputes informally.

If unresolved within sixty (60) days after written notice, either party may proceed under the remaining dispute resolution terms.

Statutes of limitation and filing deadlines are tolled during this process.


18. Tax Advice Disclosure

Nimble Estate does not provide tax advice.

Any tax-related information is for general educational purposes only.


19. Financial Advice and Features Disclosure

Nimble Estate does not provide financial advice.

Any financial information on the Site or through Services is for educational purposes only.

Nimble Estate is not responsible for the accuracy of third-party financial integrations.


20. Access to a Deceased Member’s Account

Nimble Estate is committed to protecting member privacy.

Upon a member’s death, access may be granted upon receipt of acceptable legal documentation establishing authority to act on behalf of the deceased member.

Please contact Member Success for assistance.


21. Severability

These Terms constitute the entire agreement between you and Nimble Estate.

If any provision is found invalid, the remaining provisions remain in full force and effect.

Failure to enforce any provision shall not constitute a waiver of that provision or any other right.