Thank you for using Atticus! Our mission is to empower families through the process of bringing a close to the financial life of a loved one. As a part of our ongoing efforts to achieve that mission, we routinely provide, launch, update and offer many different applications, content, capabilities, products and services. These terms of service cover your use and access to our services, client software and websites.
Please read these Terms of Service carefully before using our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms of Service:
- “Application” means any software program or services provided by Atticus and downloaded by You on any electronic device, named Atticus
- “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “Company” (referred to as either "Atticus”, “the Company", "We", "Us" or "Our" in this Agreement) refers to Atticus Inc, with offices located in San Diego, California at 5173 Waring Road, Suite 42.
- “Content” refers to content such as text, audio, images, video, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by You or other users regarding the attributes, performance or features of our Service.
- “Free Trial” refers to a limited period of time or limited functionality that may be available before purchasing a Subscription.
- “Products” refer to any items offered for sale on the Service.
- “Orders” mean any request by You to purchase Atticus Good(s), Product(s) or Service(s).
- “Service” refers to use of the Atticus Website, Product(s), Application(s), or other Service(s) Subscriptions refer to the services or access to the Service offered or made available on a subscription basis by Atticus.
- “Terms of Service” (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and Atticus regarding the use of the Service.
- “Third-party Services” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- “Website” refers to Atticus, accessible from https://www.weareatticus.com/
- “You” refers to the individual(s) or party accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms of Service governing the use of this Service and the agreement that operates between You and Atticus. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.
YOU AGREE THAT BY USING THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Legal Information Disclosure
Legal information is not legal advice. Atticus is not a law firm and does not provide legal or tax advice and its materials and services are not a substitute for the advice or services of an attorney. Atticus provides general information related to the law and self-help services at users’ specific direction designed to help users safely cope with their own legal needs. We regularly work to keep the documents and other materials available through the Services, including any descriptions, information and other help resources current and up-to-date; however, they are not legal advice and are not guaranteed to be correct, complete or up-to-date. The law changes rapidly and is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts.
Atticus cannot provide any kind of advice, explanation, opinion or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. We do not review the Services, Materials or any Content input by You for accuracy or legal sufficiency, draw legal conclusions, or provide legal advice on the facts of your particular situation. You understand that our providing of the Services to you is neither legal advice nor the practice of law. You understand that your purchase, download, or use of content and materials is neither legal advice nor the practice of law.
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.
Tax Information Disclosure
Atticus does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from Atticus is intended only for general education and is not to be construed or relied on as tax advice. Although Atticus does not provide any tax advice, we do provide this disclosure to comply with requirements imposed by the United States Internal Revenue Service under Circular 230:
We inform you that any U.S. federal tax advice contained in any communication from Atticus is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant Atticus the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Atticus reserves the right to refuse or cancel your Order at any time for certain reasons including but not limited to:
- Availability of Goods, Products or Services
- Errors in the description or prices for Products
- Errors in Your Order
Atticus reserves the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Products you purchase can only be returned in accordance with these Terms of Service and any Returns Policy which forms a part of these Terms of Service.
You may cancel your account at any time; however there are no refunds for cancellations. All purchases are final and subject to our refund policy. In the event that Atticus suspends or terminates your account or these Terms of Service, you understand and agree that you shall not receive a refund or exchange for any Atticus content, any unused time or service on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Availability, Errors and Inaccuracies
We are constantly updating our Product and Service offerings. The Products available through our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Products on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Atticus reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by Atticus subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of Atticus. In that event, You will have the right to cancel Your Order.
All Products purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase, order, transaction or other monetary transaction interaction with the Service at the prices in effect when said charges are incurred.
The Service or some parts of the Service may only be available with a paid Subscription. You will be billed in advance on a recurring and periodic basis, such as monthly, depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or Atticus cancels it.
You may cancel Your Subscription renewal either through the Account settings page or by contacting Atticus in writing. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide Atticus with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, Atticus will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Atticus, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
Atticus will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Orders or Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by Atticus on a case-by-case basis and granted at the sole discretion of Atticus.
Atticus may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by Atticus until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, Atticus reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.
We occasionally release products, features or services that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled as “alpha,” “beta,” “preview,” “exploration,” or “early access,” and may not be universally available or offered to all users.
These beta services are made available so that we can collect feedback and input from real users (like you), to help inform and empower our team to deliver the most functional and helpful services for our collective audience. By using our Beta Services, you agree that we may contact you to collect such feedback.
Beta Services are usually confidential until official launch. If you use any of our Beta Services, you agree not to disclose any information about those Services to anyone else without our written permission.
When You create an account with Atticus, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with our Service or a Third-Party Service.
You agree not to disclose Your password to any third parties. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
Some parts of our Service allows users to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Atticus the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Atticus is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including Atticus and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
Atticus reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. Atticus further reserves the right to make formatting edits and change the manner of any Content. Atticus can also limit or revoke the use of the Service if You post such objectionable Content. As Atticus cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Atticus be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, Atticus does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
Atticus will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Atticus has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Information reasonably sufficient to permit Atticus to contact You, such as Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
The above information must be submitted to the following: DMCA agent, Atticus Inc., 55173 Waring Road, Suite 42, San Diego, CA 92120. Upon receipt of a notification, Atticus will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Atticus and its licensors.
The Service is protected by copyright, trademark, and other laws of both the United States, Canada and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Atticus.
You assign all rights, title and interest in any Feedback You provide Atticus. If for any reason such assignment is ineffective, You agree to grant Atticus a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Third Party Services
Our Service may contain links to third-party websites, advertisers, services, special offers, or other events & activities that are not owned or controlled by Atticus.
Atticus has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Atticus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, products or services available on or through any such web sites or services.
We strongly advise You to read the Terms of Service and privacy policies of any third-party websites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of Atticus and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall Atticus or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Atticus or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
For the avoidance of doubt, the foregoing warranties are applicable only to the Products or Service as provided by Atticus and described in any documentation.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Atticus, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Atticus provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Atticus nor any of Atticus's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Atticus are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CREATE A FIDUCIARY RELATIONSHIP OF ANY KIND BETWEEN ATTICUS AND YOU, NOR BETWEEN YOU AND ANY THIRD PARTY.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
These Terms and Your use of the Service shall be governed by and construed in accordance with the laws of the State of New York without regard to its provisions relating to the conflict of laws. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Atticus.
You and Atticus agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Service (collectively “Disputes) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that You and Atticus are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Atticus otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Disputes Resolutions section will be deemed void. Except as provided in the preceding sentence, this Disputes Resolutions section will survive any termination of these Terms.
Notwithstanding any contrary provision of these Terms, all disputes, claims, controversies and matters relating to or in connection with this Agreement (or the breach thereof) or any transactions hereunder shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in the State of New York, City of New York, borough of Manhattan, before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrators shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity. You and Atticus each expressly waives any right to trial by jury with respect to any dispute arising from or related to these Terms.
Jurisdiction and Venue
Subject to the above arbitration provisions, the parties agree that any and all disputes, claims and actions, at law or in equity, arising out of or relating to or in connection with this Agreement or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Service in the federal or state courts located in the State of New York and each party agrees that such courts shall have exclusive jurisdiction and venue for any such actions. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
You represent and warrant that (i) You are not located in a country that is subject to a United States or Canadian government embargo, or that has been designated by either the United States or Canadian government as a "terrorist supporting" country, and (ii) You are not listed on any United States or Canadian government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Service
Atticus reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide prior notice before any new terms take effect. What constitutes a material change will be determined based on reasonable best practice in our sole discretion.
By continuing to access or use our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms of Service, You can email us at email@example.com or write us by mail at 5173 Waring Rd., Ste. 42, San Diego, California 92120. For more information about these Terms of Service or other related agreements please visit our website: https://www.weareatticus.com.
Last updated: September 1, 2021.